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HomeMy WebLinkAboutDR Full Code - AugustDEVELOPMENT REGULATIONS Title 4 REVISED AND COMPILED ORDINANCES City of RENTON WASHINGTON 1998 Code Publishing Company 9410 Roosevelt Way NE Seattle, Washington 98115-1164 Telephone: 206-527-6831 Fax: 527-8411 E-mail: codepublishing@qwest.net Contact Renton City Clerk Division at 425-430-6510 with questions concerning the City Code. CITY OF RENTON INCORPORATED SEPTEMBER 6, 1901 CITY OF RENTON MISSION STATEMENT The City of Renton, in partnership with residents, business and government, is dedicated to: Providing a healthy atmosphere in which to live and raise families, encourage responsible growth and economic vitality, and create a positive work environment; Resulting in a quality community where people choose to live, work and play. 1 - i (Revised 5/18) Chapter 1 ADMINISTRATION AND ENFORCEMENT CHAPTER GUIDE: Chapter 4-1 RMC provides the framework for Title 4 in terms of identifying the City’s authority to adopt development regulations, stating the relationship and consistency of the development regulations with the Comprehensive Plan, providing for interpretation and enforcement of the develop- ment regulations, listing fee information, and referencing violation and penalty consequences. This Chapter last amended by Ord. 5865, November 13, 2017. SECTION PAGE NUMBER NUMBER 4-1-010 TITLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4-1-020 PURPOSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4-1-030 AUTHORITY TO ADOPT REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4-1-040 CONFORMITY WITH DEVELOPMENT REGULATIONS REQUIRED (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4-1-045 VESTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 B. General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 C. Vesting Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 D. Vesting of Building Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 E. Vesting of Land Use Permit Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 F. Duration of Approvals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 G. Modifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 H. Waiver of Vesting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1. Voluntary Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2. Major Plat Amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4-1-050 ROLES AND RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4-1-060 COMPREHENSIVE PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 A. Purposes of Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 B. Description of Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 C. Plan Elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1. Required Elements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2. Optional Elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3. Land Use Element Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 D. Adoption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4-1-070 CONSISTENCY OF REGULATIONS WITH COMPREHENSIVE PLAN . . . . . 5 A. Consistency Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 B. Instruments Implementing the Comprehensive Plan . . . . . . . . . . . . . . . . . . . . . . 5 1. Title 4 – Development Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2. Title 8 – Health and Sanitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3. Title 10 – Traffic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4-1-080 INTERPRETATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 A. Administrative Interpretation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1. General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2. Zoning Conflicts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 B. Conflicts and Overlaps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 SECTION PAGE NUMBER NUMBER (Revised 5/18)1 - ii C. Interpretation of Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 D. More Restrictive/Higher Standards to Govern . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 E. Terminology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 F. (Repealed by Ord. 5606, 6-6-2011) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4-1-090 LIABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 A. City Officer or Employee Not Liable. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 B. Liability of Owner or Builder Not Reduced . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 C. Disclaimer of Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4-1-100 ENFORCEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 B. Responsibility and Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4-1-110 VIOLATIONS AND PENALTIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 A. Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 B. Remedies and Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 1. Stop Work Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2. Refusal of Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3. Provisions of RMC 1-3-1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4. Remedies Cumulative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5. Recovery of Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 C. Initiation of Proceedings Against Violation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 D. Authority to Revoke or Modify a Permit or Land Use Approval . . . . . . . . . . . . . . 8 E. Criteria for Permit Suspension, Revocation or Modification. . . . . . . . . . . . . . . . . 9 F. Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4-1-120 SEVERABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4-1-130 TITLE NOT EXCLUSIVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4-1-140 REFUND OF DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 A. Authority to Refund Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 B. Amount Refunded . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 1. Land Use Permit Application Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2. Building and Public Works Application Fees . . . . . . . . . . . . . . . . . . . . . . . . . 9 C. Method of Obtaining Refund and Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4-1-150 (Repealed by Ord. 5509, 11-23-2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . 10/18 4-1-160 (Repealed by Ord. 5794, 4-25-2016) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10/18 4-1-170 (Repealed by Ord. 5676, 12-3-2012) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 4-1-180 CHARGES FOR EQUITABLE SHARE OF PUBLIC WORKS FACILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 A. Privately Held Latecomer’s Fees and Special Assessment District (Formerly Known as City Held Latecomer’s) Fees. . . . . . . . . . . . . . . . . . . . . . . 19 1. Applicability of Privately Held Latecomer’s Fee . . . . . . . . . . . . . . . . . . . . . . 19 2. Applicability of Special Assessment District Fee . . . . . . . . . . . . . . . . . . . . . 19 3. Exemptions for Latecomer’s or Special Assessment District Fees . . . . . . . 19 a. Segregation of Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 b. Relief Due to Two (2) Similar Facilities . . . . . . . . . . . . . . . . . . . . . . . . . 19 c. Relief Due to Future Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 d. Reallocation of Assessment Due to Subdivision of Property . . . . . . . . . 20 SECTION PAGE NUMBER NUMBER 1 - iii (Revised 5/18) B. System Development Charges (SDC) – Water, Wastewater and Storm Water. 20 1. Applicability of System Development Charge. . . . . . . . . . . . . . . . . . . . . . . . 20 2. Exemptions to System Development Charge. . . . . . . . . . . . . . . . . . . . . . . . 22 a. Installation of an Irrigation Meter Solely for the Purpose of Providing Irrigation Water to City Right-of-Way . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 b. Exemption for City-Owned Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 c. Storm Water Exemption for Infiltration Facility . . . . . . . . . . . . . . . . . . . . 22 d. Storm Water Exemption for Direct Discharge to Lake Washington . . . . 23 C. Segregation Criteria and Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 1. Segregation by Plat or Short Plat. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 2. Segregation by Administrative Determination . . . . . . . . . . . . . . . . . . . . . . 23 a. Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 b. Segregation of Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 c. Segregated Areas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 d. Remnant Parcel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 e. Determination of Charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 f. Full Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 g. Developed Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 h. Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 3. Segregation by Latecomer’s Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . 24 4-1-190 IMPACT FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 A. Title. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 B. Purpose and Intent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 C. Findings and Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 D. Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 E. Establishment of Service Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 F. Impact Fees Methodology and Applicability. . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 G. Collection of Impact Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 1. Transportation, Parks, and Fire Impact Fees. . . . . . . . . . . . . . . . . . . . . . . . 29 a. Applicability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 b. Transportation and Parks Basis and Amount. . . . . . . . . . . . . . . . . . . . . 29 c. Fire Impact Fee Basis and Amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 2. School Impact Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 a. Applicability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 b. Basis and Amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 c. Adjustment by Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 d. Classification by Dwelling Type . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 e. Credit for Tax Contributions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 3. Changes in Use or Tenancy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 4. Mixed Use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 5. Timing of Assessment and Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 6. Documentation of Credit Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 7. Deferral for Subdivisions, Short Subdivisions, and Planned Unit Developments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 8. Deferral for Single Family, Condominium, and Multi-Family Dwellings . . . . 30 9. Payment Methods. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 10. Lien Release. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 SECTION PAGE NUMBER NUMBER (Revised 5/18)1 - iv 11. Foreclosure by City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 12. Foreclosure by a School District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 13. Required Prior to Building Permit Issuance . . . . . . . . . . . . . . . . . . . . . . . . . 31 14. Number of Deferrals Limited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 H. Independent Fee Calculations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 1. Calculations by City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 2. Calculations by Feepayer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 3. Consideration and Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 a. Transportation and Parks Impact Fees . . . . . . . . . . . . . . . . . . . . . . . . . 32 b. School and Fire Impact Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 4. Adjustment from Maximum Amount. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 5. Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 I. Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 1. School Impact Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 2. Transportation, Parks, and Fire Impact Fees. . . . . . . . . . . . . . . . . . . . . . . . 32 3. Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 J. Credits for Dedications, Construction of Improvements, and Past Tax Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 1. Criteria for Award of Credits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 2. Authority and Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 3. School and Fire Impact Fees Responsibility . . . . . . . . . . . . . . . . . . . . . . . . 34 4. Past Tax Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 5. Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 K. Adjustments for Future Tax Payments and Other Revenue Sources . . . . . . . . 34 L. Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 1. Transportation and Parks Impact Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 2. Repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 3. Payment Under Protest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 4. Process and School District or RRFA Representation. . . . . . . . . . . . . . . . . 34 5. Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.1 6. Decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.1 M. Establishment of Impact Fee Accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.1 1. Fee Accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.1 2. Transfer to School Districts and RRFA . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.1 a. Transfer to School Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.1 b. Transfer to RRFA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.1 c. Accounting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.1 3. School Fees Encumbered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.1 4. Transportation, Parks, and Fire Fees Encumbered . . . . . . . . . . . . . . . . . . 34.1 N. Administrative Guidelines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.1 O. Refunds and Offsets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.2 1. Failure to Expend or Encumber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.2 2. Timing of Request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.2 3. Fees Not Refunded . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.2 4. Interest Earned. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.2 5. Termination of Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.2 6. Refunds and Offsets for Development Not Constructed . . . . . . . . . . . . . . 34.2 SECTION PAGE NUMBER NUMBER 1 - v (Revised 5/18) P. Use of Impact Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34.3 Q. Review and Adjustment of Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34.3 1. Transportation and Parks Impact Fees . . . . . . . . . . . . . . . . . . . . . . . . . . .34.3 2. School and Fire Impact Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34.3 R. Administrative Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34.4 1. Deferred Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34.4 2. Independent Fee Calculations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34.4 3. Appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34.4 4. Account Established. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34.4 5. Refunds, Waivers, and Credits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34.4 S. Existing Authority Unimpaired . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34.4 4-1-200 EXTRA FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.4 4-1-210 WAIVED FEES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.4 A. General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.4 B. Owner-Occupied Housing Incentive. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.5 1. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.5 2. Map of the Eligible Areas for Multi-Family Housing Incentives. . . . . . . . . 34.5 3. Eligibility Criteria. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.5 4. Applicable Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.5 5. Application Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.5 6. Restrictive Covenant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.5 7. Cancellation of Covenant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.5 8. Effective Date and Sunset . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.5 C. Rental Housing Incentive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 1. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 2. Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 3. Eligibility Criteria. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 4. Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 5. Application Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 6. Restrictive Covenant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 7. Cancellation or Modification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 8. Effective Date and Sunset . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 4-1-220 PROPERTY TAX EXEMPTION FOR MULTI-FAMILY HOUSING IN RESIDENTIAL TARGETED AREAS . . . . . . . . . . . . . . . . . . . . 36 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 B. Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 C. Tax Exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36.1 1. Duration of Exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36.1 2. Limits on Exemption. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36.2 D. Project Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36.2 1. Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36.2 a. Sunset Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36.2 b. Downtown. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36.2 2. Size and Structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36.2 3. Exception for Existing Residential Structure. . . . . . . . . . . . . . . . . . . . . . . 36.3 4. Completion Deadline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36.3 SECTION PAGE NUMBER NUMBER (Revised 5/18)1 - vi E. Application Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36.3 1. Form. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36.3 2. Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 3. Deadline. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 F. Application Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 1. Approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 2. Contract Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 3. Issuance of Conditional Certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 G. Application Denial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 1. Denial. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 2. Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 H. Amendment of Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 I. Extension of Conditional Certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38/40 1. Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38/40 2. Approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38/40 3. Denial – Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 J. Final Certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 1. Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 2. Determination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 3. Filing with County Assessor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 4. Recording. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 5. Denial. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 6. Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 K. Annual Certification and Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 L. Cancellation of Tax Exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 1. Cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 2. Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 3. Change of Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 M. Sunset of Exemption for Applications for Conditional Certificates . . . . . . . . . . . 43 4-1-230 SURETIES AND BONDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 A. City Approval Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 B. Types of Security Accepted for Public Works Construction Permits and Future Public Works Street/Utility Maintenance Requirements . . . . . . . . . 43 C. Types of Security Accepted for All Other Purposes. . . . . . . . . . . . . . . . . . . . . . 43 D. Security Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 1. Payable to City. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 2. Security Requirement Binding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 3. Purpose of Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 4. Agreement Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 5. Effect of Lapse of Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 6. Transfer of Responsibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 7. City Approval Required Prior to Transfer of Responsibility . . . . . . . . . . . . . 44 8. Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 9. Proceeding Against Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 10. Release of Sureties for Private/On-Site Improvements . . . . . . . . . . . . . . . . 44 11. Release of Sureties for Public Improvements . . . . . . . . . . . . . . . . . . . . . . . 44 4-1-240 COMMON OPEN SPACE SUBSTITUTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . 45 A. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 SECTION PAGE NUMBER NUMBER 1 - vii (Revised 5/18) B. Public Trail or Park Improvements or Fee-In-Lieu for Common Open Space . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 1. Public Trail Improvement in Lieu of Common Open Space . . . . . . . . . . . . . 45 2. Public Park Improvement in Lieu of Common Open Space. . . . . . . . . . . . . 45 3. Fee in Lieu of Common Open Space. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 4-1-250 MARIJUANA REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 B. Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 C. Cooperatives and Transporters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 D. Business Regulation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 E. License Requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 F. Procedure for Obtaining City License for Marijuana Use . . . . . . . . . . . . . . . . . . 46 G. Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 H. Maximum Number of Marijuana Retail Licenses . . . . . . . . . . . . . . . . . . . . . . . . 47 4-1-260 LANDMARK DESIGNATION AND PRESERVATION . . . . . . . . . . . . . . . . . . . 47 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 B. Nomination Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 C. Fee Recovery. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 D. Incorporation of King County Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 E. Landmarks Commission Authorized. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 4-1-045C 1 - 1 (Revised 3/13) 4-1-010 TITLE: This Title shall be known as the City of Renton Development Regulations. 4-1-020 PURPOSE: It is the intent of the Renton City Council that these regulations implement the City’s policies adopted in the City’s Comprehensive Plan in compliance with the Washington State Growth Management Act (GMA) and implement the re- quirements of the State’s Regulatory Reform Act, which has a primary goal of integrating environ- mental review with project review. 4-1-030 AUTHORITY TO ADOPT REGULATIONS: The City of Renton Development Regulations are adopted by City ordinance pursuant to Article XI, Section 11 of the Washington State Constitution, the State Growth Management Act and chapter 36.70B RCW. (Ord. 4722, 5-11-1998) 4-1-040 CONFORMITY WITH DEVELOPMENT REGULATIONS REQUIRED: (RESERVED) 4-1-045 VESTING: A. PURPOSE: The purpose of this Section is to implement state laws that provide for vesting. This Section is in- tended to provide property owners, permit appli- cants, and the general public assurance that regulations for project development will remain consistent during the lifetime of the application. The Section also establishes time limitations on vesting for permit approvals and clarifies that once those time limitations expire, all current de- velopment regulations and current land use con- trols apply. B. GENERAL: Vesting of applications is governed by the rules of RCW 19.27.095 (Building permit application – Consideration – Requirements) and RCW 58.17.033 (Proposed division of land – Consider- ation of application for preliminary plat or short plat approval – Requirements defined by local or- dinance) as they exist or may be amended. The vested rights doctrine shall not be applied more broadly than its intended scope. C. VESTING APPLICABILITY: 1. This Section applies to, and vesting oc- curs with, the filing of a complete application and permit approvals required by the City of Renton pursuant to Title IV, including and lim- ited to: a. Building permits (including but not limited to combo permits, grading li- censes, and sign permits); b. Preliminary plats, final plats, short plats; c. Shoreline development permits; d. Conditional use permits; and e. Any other land use permit application that is specifically identified by the Wash- ington State legislature as being covered by vested rights doctrine. 2. Vesting does not apply to the following: a. Incomplete, invalid, inaccurate or de- fective building permit applications; b. Fees or taxes, including, but not lim- ited to, impact fees; c. Pre-application plans; d. Any other application or permit not specifically identified in this subsection C, as it exists or may be amended; e. Uses not specifically disclosed in the application; or f. Any application or permit that may reasonably result in a threat to the public health, safety, or welfare of the commu- nity. The City’s exercise of police power to protect the public health and safety, and/or general welfare immediately extin- guishes any “vested right.” 4-1-045D (Revised 3/13)1 - 2 D. VESTING OF BUILDING APPLICATIONS: 1. Allowed Use: A building application must be allowed under the zoning or other land use control ordinances in effect on the date of the application to be deemed a valid and fully complete building application. 2. Supplemental Information: Supple- mental information required after an applica- tion is deemed complete shall not affect the validity of the vesting for the application. 3. Revisions: Revisions requested by an applicant to a vested, but not yet approved, application shall be deemed a new applica- tion when such revisions would result in a substantial change in the basic site design plan, intensity, density, or similar factors, in- volving a change of ten percent (10%) or more. Vesting for the new application shall occur upon the date of submission of a valid and fully complete building application for the changed project. E. VESTING OF LAND USE PERMIT APPLICATIONS: The following applies to all applications described in subsection C of this Section, as it exists or may be amended, excluding building permits. 1. Consistency Review: Applications shall be reviewed for consistency with the applica- ble development regulations in effect on the date the application is deemed complete. 2. Construction and Utility Standards: a. An application shall be reviewed for consistency with the construction and utility standards in effect on the date a separate application for a construction or utility permit is deemed complete. An ap- plicant may submit a separate construc- tion or utility permit application simultaneously with any application de- scribed in subsection C of this Section, as it exists or may be amended, to vest for construction or utility standards. b. A site development application for stormwater design and construction may vest on the date of preliminary plat or conditional use permit application if the applicant submits construction permit ap- plication within one hundred eighty (180) calendar days of complete preliminary plat or conditional use permit application and is consistent with the information listed in RMC 4-8-120A, B and C, as they exist or may be amended, and any site- specific information identified in a pre-ap- plication meeting summary. c. The application or approval of a con- struction or utility permit, or the payment of connection charges or administrative fees to a public utility, does not constitute a binding agreement for service and shall not establish a vesting date for develop- ment regulations used in the review of applications described in subsection C of this Section, as it exists or may be amended. 3. Effective Regulations: An application shall be subject to all development regula- tions in effect on the vesting date. 4. Identified Development: An application that is deemed complete is vested for the specific use, density, and physical develop- ment identified in the application. 5. Applicable Standards: Applications submitted that are not listed in subsection C of this Section, as it exists or may be amended, shall be governed by the stan- dards applicable to the specific application type. These applications shall not vest for any additional development regulations. 6. Owner Solely Responsible: The prop- erty owner is responsible for monitoring the time limitations and review deadlines for the application. The City shall not be responsible for maintaining a valid application. If the appli- cation expires, a new application may be filed, but shall be subject to the development regulations in effect on the date of the new application. 7. The application does not vest to pro- cesses and procedures. F. DURATION OF APPROVALS: 1. Building Permits: Development of a building shall be based on the controls con- tained in the approved permit application. 4-1-045G 1 - 3 (Revised 3/13) Vesting rights applicable to building permit applications would expire pursuant to permit expiration periods identified in the Interna- tional Building Code (IBC) and adopted by reference herein in RMC 4-5-050, as it exists or may be amended. 2. Preliminary Plat: Development of an ap- proved preliminary plat shall be based on the controls contained in the Hearing Examiner’s decision. A final plat meeting all of the re- quirements of the preliminary plat approval shall be submitted within five (5) years of the effective date of the Hearing Examiner’s de- cision, unless a different time limitation was specifically authorized in the final approval. Any extension of time beyond this five (5) years’ limitation may contain additional or al- tered conditions and requirements based on current development regulations and other land use controls. 3. Final Plat: The lots in a final plat may be developed by the terms of approval of the fi- nal plat, and the development regulations in effect at the time the preliminary plat applica- tion was deemed complete for a period of five (5) years from the recording date unless the City finds that a change in conditions creates a serious threat to the public health, safety or welfare. 4. Conditional Use Permit: The use au- thorized in a conditional use permit shall be allowed to develop for a period of two (2) years from the effective date of the permit ap- proval unless a different time limitation was specifically authorized in the final approval. The development of an approved conditional use permit shall be governed by the terms of approval of the permit unless the City finds that a change in conditions creates a serious threat to the public health, safety or welfare. 5. Permits Associated with a Preliminary Plat: Permit applications, such as Planned Urban Developments (PUD) applications that are approved as a companion to a prelimi- nary plat application shall remain valid for the duration of the preliminary and final plat as provided in subsections F2 and 3 of this Sec- tion, as they exist or may be amended. 6. Short Plat: The lots in a short plat may be developed by the terms and conditions of approval, and the development regulations in effect at the time the application was deemed complete for a period of five (5) years from the recording date unless the City finds that a change in conditions creates a serious threat to the public health, safety or welfare. 7. Shoreline Development Permits: An approved Shoreline Permit shall be allowed to develop pursuant to the time limitations listed in RMC 4-9-190J (Time Requirements For Shoreline Permits), as it exists or may be amended. The development of an approved shoreline permit shall be governed by the terms of approval of the permit unless the City finds that a change in conditions creates a serious threat to the public health, safety or welfare. 8. All approvals described in this Section shall be vested for the specific use, density, and physical development identified in the permit approval. G. MODIFICATIONS: Proposed modifications to an application listed in subsection B of this Section, as it exists or may be amended (excluding Building Permits), which have been deemed to be complete, shall be sub- ject to the requirements below: 1. Modifications proposed by the Depart- ment of Community and Economic Develop- ment to an application shall not be considered a new application. 2. Any modification to an application may require revised public notice and/or additional review time. 3. Modifications proposed by the applicant to an application which meet or exceed any of the criteria for a major revision and/or amend- ment, pursuant to the criteria in RMC 4-7-080M or 4-9-030G, as they exist or may be amended, shall require a new application. The new application shall conform to the de- velopment regulations which are in effect at the time the new application is submitted. 4. Proposed modifications to applications that do not exceed the major revision and/or amendment criteria pursuant to RMC 4-7-080M or 4-9-030G, as they exist or may be amended, shall be reviewed for the devel- opment regulations in effect on the date of the original complete application. 4-1-045H (Revised 3/13)1 - 4 H. WAIVER OF VESTING: 1. Voluntary Waiver: A property owner may voluntarily waive vested rights at any time during the processing of an application by delivering a written and signed waiver to the Community and Economic Development Administrator stating that the property owner agrees to comply with all development regu- lations in effect on the date of delivery of the waiver. Any change to the application is sub- ject to the modification criteria described above in subsection G of this Section and may require revised public notice and/or ad- ditional review time. 2. Major Plat Amendments: Major plat amendments shall constitute a voluntary waiver of vested rights at the time of the sub- mittal of the major plat amendment, unless otherwise approved by the Community and Economic Development Administrator. (Ord. 5675, 12-3-2012) 4-1-050 ROLES AND RESPONSIBILITIES: The regulation of land development is a coopera- tive activity including many different elected and appointed boards and City staff. The specific re- sponsibilities of these bodies are set forth in RMC 4-8-070. (Ord. 2188, 10-25-1965; Ord. 2630, 4-26-1971; Ord. 2962, 9-8-1975; Ord. 2967, 9-22-1975; Ord. 3101, 1-17-1977; Ord. 3592, 12-14-1981; Ord. 3760, 12-5-1983; Ord. 4342, 2-3-1992; Ord. 4584, 2-12-1996; Ord. 4587, 3-18-1996; Ord. 4648, 1-6-1997; Ord. 4722, 5-11-1998; Ord. 4777, 4-19-1999; Ord. 4802, 10-25-1999, Ord. 4821, 12-20-1999; Ord. 4827, 1-24-2000; Ord. 4835, 3-27-2000; Ord. 4851, 8-7-2000; Ord. 4954, 2-11-2002; Amd. Ord. 4963, 5-13-2002) 4-1-060 COMPREHENSIVE PLAN: A. PURPOSES OF PLAN: 1. The primary purpose of the Comprehen- sive Plan is to define and establish the policy relating to the development of the community as a whole; to indicate the principles and ob- jectives which shall guide the establishment, development and implementation of definite and precise plans, public and private; to pro- vide for the coordination of the many sepa- rate plans which govern the development of this community, to officially adopt a program and guide which will enable the City to attain the principles and objectives set forth in chap- ter 35.63 RCW and the Growth Management Act (chapter 36.70A RCW) in the manner pro- vided. (Ord. 4437, 2-21-1994) 2. The overriding consideration is to pro- mote public safety, welfare, and interest. Ad- ditional factors to be considered (not in order of priority) are preservation of property rights, protection of life and property, equal opportu- nities, public interests prevailing over private interests, and economic and social benefits. (Ord. 3976, 3-3-1986) 3. The Comprehensive Plan is intended to guide the enactment of development regula- tions that are consistent with the Comprehen- sive Plan and capital budget decisions that are in conformance with the Comprehensive Plan. 4. The Comprehensive Plan is intended to help resolve some of the dilemmas confront- ing municipal officials and the people they represent, and to provide a coordinated ap- proach to local and regional problem solving. 5. Additional purposes of the Comprehen- sive Plan are: a. To improve the physical and social environment of the City as a setting for human activities; to make it more func- tional, beautiful, decent, healthful, inter- esting and efficient; b. To insure acceptable levels of ac- cess, utilities and other public services to future growth and development; c. To promote the public interest, and the interest of the City at large; d. To facilitate the democratic determi- nation and implementation of City poli- cies and development; e. To effect coordination in develop- ment; 4-1-070B 1 - 5 (Revised 3/13) f. To inject long range considerations into the determination of short-range ac- tions; g. To provide professional and technical knowledge in the decisions affecting de- velopment of the City; and h. To guide future development and growth in the City that is consistent with the goals and objectives of the Growth Management Act as defined in RCW 36.70A.020, Planning Goals. B. DESCRIPTION OF PLAN: The planning horizon for the Comprehensive Plan is twenty (20) years. The Plan is, of necessity, general in its proposals. It must be flexible, since it is impossible to predict all future events which may affect the community. The Plan is not a de- velopment regulation, although it makes signifi- cant recommendations for future land use. The Plan is not precise. It does not present engineer- ing accuracy, nor does it claim to predict exactly the future use of every parcel of property. It is not intended to retroactively impose compliance with goals, objectives and policies upon existing de- veloped property, but voluntary compliance is en- couraged. C. PLAN ELEMENTS: 1. Required Elements: The Comprehen- sive Plan shall contain the following manda- tory planning elements as required by the Growth Management Act: a. A land use element designating the proposed distribution, location and extent of the uses of land. b. A transportation element that is consistent with the land use element and includes land use assumptions, an inven- tory of facility and service needs, service standards, financing needs and a reas- sessment of land use, if service stan- dards cannot be met. c. A housing element containing an inventory of needs, policies for protection and development of housing for all eco- nomic segments of the community and identifying sufficient land for housing. d. A utilities element consisting of an inventory of needs and policies for the development of utilities and the location, proposed location and capacity of all ex- isting and proposed utilities. e. A capital facilities element that in- cludes an inventory of all capital facilities, forecast of future needs, proposed loca- tion of new or expanded facilities, a six (6) year funding plan and a reassess- ment of the land use element, if funding falls short. 2. Optional Elements: The Comprehen- sive Plan may include additional elements, relating to the physical development within the City; including, but not limited to, subarea plans, each of which is consistent with the other elements of the Comprehensive Plan. 3. Land Use Element Map: The land use element map, maintained on display in the customer service area of the Planning/Build- ing/Public Works Department, illustrates in broad and general terms the desired devel- opment of the City during the twenty (20) year planning period. (Ord. 4437, 2-21-1994; Amd. Ord. 5153, 9-26-2005) D. ADOPTION: The Comprehensive Plan and any amendments and associated subarea plans area adopted by ordinance of the City Council after public hearing by the Council. (Ord. 5153, 9-26-2005) 4-1-070 CONSISTENCY OF REGULATIONS WITH COMPREHENSIVE PLAN: A. CONSISTENCY REQUIRED: All City programs materially affecting land use, in- cluding land use regulatory codes, shall be con- sistent with the Comprehensive Plan. (Ord. 3976, 3-3-1986) B. INSTRUMENTS IMPLEMENTING THE COMPREHENSIVE PLAN: In order to fully accomplish the objectives and principles of the Comprehensive Plan, all resolu- tions and regulations of the City concerned with the development and welfare of the community and its people shall be considered in light of the principles, objectives and policies set forth in the 4-1-080A (Revised 3/13)1 - 6 Plan. To fulfill the requirements of chapters 35.63 and 36.70A RCW, and in the interest of public safety, health, morals and the general welfare, the following instruments will implement the Com- prehensive Plan: 1. Title 4 – Development Regulations: Chapter 1 Administration and Enforcement Chapter 2 Zoning Districts: Uses and Stan- dards Chapter 3 Environmental Regulations and Overlay Districts Chapter 4 City-Wide Property Develop- ment Standards Chapter 5 Building and Fire Prevention Standards Chapter 6 Street and Utility Standards Chapter 7 Subdivision Regulations Chapter 8 Permits – General and Appeals Chapter 9 Permits – Specific Chapter 10 Nonconforming Structures, Uses and Lots Chapter 11 Definitions (Ord. 5153, 9-26-2005) 2. Title 8 – Health and Sanitation: Chapter 2 Storm and Surface Water Drain- age Chapter 4 Water Chapter 5 Sewers Chapter 6 Solid Waste Utility Chapter 7 Noise Level Regulations 3. Title 10 – Traffic: Chapter 10 Parking Regulations (Ord. 4437, 2-21-1994; Ord. 4851, 8-7-2000; Amd. Ord. 4963, 5-13-2002) 4-1-080 INTERPRETATION: A. ADMINISTRATIVE INTERPRETATION: 1. General: The Community and Economic Development Administrator is hereby autho- rized to make interpretations regarding the implementation of unclear or contradictory regulations contained in this Title. Any inter- pretation of the Renton Title IV Development Regulations shall be made in accordance with the intent or purpose statement of the specific regulation and the Comprehensive Plan. Life, safety and public health regula- tions are assumed to prevail over other regu- lations. 2. Zoning Conflicts: In the event that there is a conflict between either the development standards or special development standards listed in chapter 4-2 RMC, Zoning Districts – Uses and Standards, and the standards and regulations contained in another Section, the Community and Economic Development Ad- ministrator shall determine which require- ment shall prevail in accordance with the intent or purpose statement of the specific regulation and the Comprehensive Plan. Life, safety and public health regulations are as- sumed to prevail over other regulations. (Ord. 5153, 9-26-2005; Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012) B. CONFLICTS AND OVERLAPS: This Title is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Title and another regulation, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 4071, 6-1-1987; Amd. Ord. 5153, 9-26-2005) C. INTERPRETATION OF REQUIREMENTS: In interpreting and applying the provisions of this Title, the requirements herein shall be: 1. Considered the minimum for the promo- tion of the public health, safety, morals and general welfare; 2. Liberally construed in favor of the gov- erning body; and 3. Deemed neither to limit nor repeal any other powers granted under State statutes. (Ord. 4071, 6-1-1987; Amd. Ord. 5153, 9-26-2005) D. MORE RESTRICTIVE/HIGHER STANDARDS TO GOVERN: Wherever any regulation in this Title imposes higher or more restrictive standards than are re- quired in any other statute or regulation, the pro- visions of this Title shall govern. Wherever the provisions of any other statute or regulation im- pose higher or more restrictive standards, the provisions of such other statute or regulation shall 4-1-100B 1 - 7 (Revised 3/13) govern. (Ord. 4404, 6-7-1993; Amd. Ord. 4963, 5-13-2002; Ord. 5153, 9-26-2005) E. TERMINOLOGY: When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word “shall” is always mandatory. (Ord. 4007, 7-14-1986; Amd. Ord. 5153, 9-26-2005) F. (Repealed by Ord. 5606, 6-6-2011) 4-1-090 LIABILITY: A. CITY OFFICER OR EMPLOYEE NOT LIABLE: No officer, agent or employee of the City shall be personally liable for any damage that may accrue to persons or property as a result of any act re- quired or permitted in the discharge of his duties under this Title. Any suit brought against any of- ficer, agent or employee of the City as a result of any act required or permitted in the discharge of his duties under this Title shall be defended by the City Attorney until the final determination of the proceedings therein. (Ord. 2820, 1-14-1974, eff. 1-19-1974) The Administrative Authority or any employee performing duties in connection with the enforce- ment of this Title and acting in good faith and with- out malice in the performance of such duties shall be relieved from any personal liability for any damage to persons or property as a result of any act or omission in the discharge of such duties, and in the event of claims and/or litigation arising from any such act or omission, the City Attorney shall, at the request of and on behalf of said Ad- ministrative Authority or employee, investigate and defend such claims and/or litigation and if the claim be deemed by the City Attorney a proper one or if judgment be rendered against such Ad- ministrative Authority or employee, said claim or judgment shall be paid by the City. (Ord. 4546, 7-24-1995) B. LIABILITY OF OWNER OR BUILDER NOT REDUCED: This Title shall not be construed to relieve from or lessen the responsibility of any person owning, building, altering, constructing, moving, modify- ing, or maintaining any structure or land use in the City for damages to anyone injured or damaged either in person or property by any defect therein; nor shall the City of Renton, or any of its agents thereof, be held as assuming such liability by rea- son of permit, approval, inspection, certificate of inspection or certificate of occupancy issued by the City or any of its agents. (Ord. 2877, 9-9-1974) C. DISCLAIMER OF LIABILITY: The degree of hazard protection required by RMC 4-3-050, Critical Areas Regulations, is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. RMC 4-3-050 does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. RMC 4-3-050 shall not create lia- bility on the part of the City, any officer or em- ployee thereof for damages that result from reliance on this Section or any administrative de- cision lawfully made hereunder. (Ord. 4835, 3-27-2000) 4-1-100 ENFORCEMENT: A. PURPOSE: The purpose of this Section is to promote compli- ance with this Title by establishing enforcement authority, defining violations, and setting stan- dards for initiating the procedures set forth in chapter 1-3 RMC, Remedies and Penalties, when violations of this Title occur. The provisions of this Title and any conditions associated with entitle- ments approved by the City shall be diligently en- forced in order to promote the City’s planning efforts and to protect the public health, safety, and welfare. A further intent of this Section is to en- sure that no permit, license, or land use approval is issued in conflict with the provisions of this Title. (Ord. 4856, 8-21-2000; Amd. Ord. 5153, 9-26-2005) B. RESPONSIBILITY AND AUTHORITY: The Community and Economic Development Ad- ministrator shall be authorized to enforce the pro- visions of Title 4 of the Renton Municipal Code. The Administrator shall also enforce any imple- menting administrative rules, administration, and approval conditions attached to any land use ap- proval, through revocation or modification of per- mits, or through the enforcement, penalty and abatement provisions of chapter 1-3 RMC, Rem- edies and Penalties. (Ord. 5153, 9-26-2005; Ord. 5676, 12-3-2012) 4-1-110A (Revised 3/13)1 - 8 4-1-110 VIOLATIONS AND PENALTIES: A. VIOLATIONS: Violations are illegal and are misdemeanors sub- ject to the enforcement penalty and abatement procedures of RMC 1-3-1 and 1-3-3. (Ord. 4346, 3-9-1992; Amd. Ord. 5153, 9-26-2005) B. REMEDIES AND PENALTIES: 1. Stop Work Order: Any construction in vi- olation of this Title, or any condition(s) im- posed on a permit or license, may be subject to the issuance of a “Stop Work Order.” 2. Refusal of Approvals: a. The City shall not issue any permit or grant any approval necessary to develop any real property which has been di- vided, or which has resulted from a divi- sion, in violation of the provisions of the Renton Municipal Code or state subdivi- sion regulations. b. No approval shall be granted for a land use permit, land division, or building permit for any parcel of land on which there is a violation of any City or state law or permit to use or development of the property, unless such violations are ei- ther corrected prior to application or are required to be corrected as a condition of approval. c. The City shall not issue any permit or grant any land use approval to any indi- vidual or corporation that has not paid all land use-related fines, penalties, permit fees, or collections due to the City for any previous infraction or criminal violation of RMC Title 4. 3. Provisions of RMC 1-3-1: Any person violating or failing to comply with any order made hereunder shall be guilty of a misde- meanor and punished pursuant to RMC 1-3-1. 4. Remedies Cumulative: All remedies concerning this Title shall be cumulative and not exclusive. The conviction and punish- ment of any person hereunder shall not re- lieve such person from the responsibility of correcting prohibited conditions or removing prohibited structures, signs, or improve- ments, and shall not prevent the enforced correction or removal thereof. 5. Recovery of Costs: Where any action or activity is required to be taken by a person under the provisions of this Title, the City Ad- ministration may direct that in default of its being done by the responsible party, such ac- tion or activity shall be done at the expense of the party in default and the City may recover the expenses. (Ord. 4722, 5-11-1998; Amd. Ord. 4856, 8-21-2000; Ord. 5153, 9-26-2005) C. INITIATION OF PROCEEDINGS AGAINST VIOLATION: 1. The City may initiate proceedings to re- voke or modify any permit or land use ap- proval it has issued; 2. An aggrieved party may file a request for the City to initiate revocation or modification proceedings, or suspend a permit, or land use approval. 3. Regarding requests to inspect or review active repair invoices, City code compliance officers may enter an area that is open to the public and request to see the active repair in- voice or invoices for vehicles that are being stored or that are present on or at a vehicle service and repair facility. If the request is re- fused, the vehicle service and repair facility shall have forty-eight (48) hours from the time that the request was made to take the active repair invoice or invoices, and any other nec- essary documents or information, to City Hall, to the appropriate code compliance or City of- ficial, for inspection or review. If the vehicle service and repair facility fails to comply with the request to inspect or review the active repair invoice or invoices, there is a presumption that the vehicle or vehicles are being stored. (Ord. 5153, 9-26-2005; Ord. 5639, 12-12-2011) D. AUTHORITY TO REVOKE OR MODIFY A PERMIT OR LAND USE APPROVAL: Authority to revoke or modify a permit or land use approval shall be exercised by the approving body, as follows: 4-1-140C 1 - 9 (Revised 5/16) 1. The City Council, after a recommenda- tion from the Hearing Examiner, may revoke, modify, or refuse to grant any preliminary subdivision, zone reclassification or other ap- proval issued by the Council or Hearing Ex- aminer. 2. The Community and Economic Develop- ment Administrator may, for cause, revoke or modify any permit or other land use approval issued by the Administrator. (Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012) 3. For purposes of this Section, cause to re- voke or modify a permit or land use approval shall mean that the permit or land use ap- proval was obtained by fraud or by providing inaccurate, incomplete, or misleading infor- mation where the person holding the permit fails to perform a condition precedent or sub- sequent to the granting of the permit or land use approval. (Ord. 5153, 9-26-2005) E. CRITERIA FOR PERMIT SUSPENSION, REVOCATION OR MODIFICATION: Any permit, or other land use approval issued by the City pursuant to this Title, may be suspended, revoked or modified on one or more of the follow- ing grounds: 1. The approval was obtained by fraud; 2. The approval was based upon inaccu- rate, incomplete or misleading information provided by the applicant; 3. The holder of the permit or approval inter- feres with the Administrator or any authorized representative in the performance of his or her duties related to the permit or approval; or 4. The holder of the permit or approval fails to comply with any notice and order issued pursuant to code compliance regulations; 5. The holder of the permit or approval fails to comply with the condition precedent or subsequent to the granting of the permit or land use approval. (Ord. 5153, 9-26-2005) F. APPEALS: See RMC 4-8-110 for appeal process. (Ord. 5153, 9-26-2005) 4-1-120 SEVERABILITY: If any provision of this Title or its application to any person or property is held invalid by a court of competent jurisdiction, the remainder of the Title or the application of the provision to other per- sons or circumstances shall not be affected. (Ord. 4522, 6-5-1995) 4-1-130 TITLE NOT EXCLUSIVE: Nothing in this Title shall be construed to abro- gate or impair the power of the City or any depart- ment thereof to enforce any provision of its Charter or its ordinances or regulations, nor to prevent or punish violations thereof, and any powers conferred by this Title shall be in addition to and supplemental to powers conferred by other laws, nor shall this Title be construed to impair or limit in any way the power of the City to define and declare nuisance and to cause their removal or abatement by summary proceedings, or in any manner provided by law. (Ord. 4546, 7-24-1995) 4-1-140 REFUND OF DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FEES: A. AUTHORITY TO REFUND FEES: The Administrator may authorize the refunding of all or a portion of the fees paid hereunder which were erroneously paid or collected. B. AMOUNT REFUNDED: 1. Land Use Permit Application Fee: Based upon an evaluation of the amount of work expended, the Administrator may au- thorize the refunding of not more than eighty percent (80%) of the permit fee paid when no substantial processing work has been done on the application. 2. Building and Public Works Applica- tion Fees: The Administrator may authorize the refunding of fees paid when an applica- tion is withdrawn or cancelled before any sub- stantial work effort has been expended. C. METHOD OF OBTAINING REFUND AND TIME: The Administrator shall not authorize the refund- ing of any fee paid except upon written application filed by the original permittee not later than one 4-1-150 (Revised 5/16)1 - 10/18 hundred eighty (180) days after the date of the fee payment. (Ord. 5153, 9-26-2005; Ord. 5557, 10-18-2010; Ord. 5676, 12-3-2012) 4-1-150 (Repealed by Ord. 5509, 11-23-2009) 4-1-160 (Repealed by Ord. 5794, 4-25-2016) 4-1-180A 1 - 19 (Revised 8/14) 4-1-170 (Repealed by Ord. 5676, 12-3-2012) 4-1-180 CHARGES FOR EQUITABLE SHARE OF PUBLIC WORKS FACILITIES: Owners of properties to which improvements are being proposed that have not been assessed or charged an equitable share of the cost of public works facilities, such as water systems, sanitary sewer systems, storm water systems, and street improvements including signalization and light- ing, shall be subject to one or more of the charges listed in the City of Renton Fee Schedule Bro- chure. Any fees triggered by improvements or de- velopment, as detailed in this Section, are due and payable at the first of the following instances: • Prior to the issuance of a Public Works Con- struction Permit; or • Prior to the recording of a single family resi- dential plat or single family residential short plat; or • Prior to the issuance of a building permit. • In all cases, prior to the issuance of a certifi- cate of occupancy (either temporary or final). All of the following charges shall be paid into the appropriate utility or street fund except that any fees collected under a private latecomer’s agree- ment shall be passed on to the holder of the agreement with the applicable fees paid to the ap- propriate utility or street fund. A. PRIVATELY HELD LATECOMER’S FEES AND SPECIAL ASSESSMENT DISTRICT (FORMERLY KNOWN AS CITY HELD LATECOMER’S) FEES: 1. Applicability of Privately Held Late- comer’s Fee: The City has the discretionary power, as detailed in chapter 9-5 RMC, to grant street latecomer’s agreements to devel- opers and owners for the reimbursement of a pro rata portion of street improvements in- cluding signalization and lighting they install and turn over to the City. The City shall grant utility latecomer’s agreements for the reim- bursement of a pro rata portion of utility sys- tems such as water, sanitary sewer or storm sewer, if all conditions are met. For purposes of this section, both utility and street late- comer’s agreements shall be collectively re- ferred to as “latecomer’s agreements.” (Ord. 5718, 6-23-2014) 2. Applicability of Special Assessment District Fee: The special assessment charge is a fee that enables the City to recover a pro rata portion of the original costs of public works improvements (water systems, sani- tary sewer systems, storm water systems, and street improvements including signaliza- tion and lighting) from the owners of property who would benefit from future connections to, or future users of, improvements to the City’s infrastructure that were not installed by LIDs or by a private developer under a latecomer agreement. The imposition, collection, pay- ment and other specifics concerning these charges are detailed in chapter 9-16 RMC, Special Assessment Districts. Interest may be charged pursuant to RMC 9-16-6, Pay- ments to City. 3. Exemptions for Latecomer’s or Spe- cial Assessment District Fees: a. Segregation of Fees: The City may grant segregation of private developer latecomer’s fees or special assessment district fees on large parcels of land per subsection C of this Section. b. Relief Due to Two (2) Similar Facil- ities: The Public Works Administrator will consider relieving a parcel of a late- comer’s or special assessment district fee/assessment if the property has a ben- efit from either (but not both) of two (2) similar facilities. The Public Works Ad- ministrator will make the decision based on engineering and policy decisions as to which facility(ies) benefit and/or are uti- lized by the parcel. The assessment due would be that associated with the utilized facility. If there are no sound engineering or policy reasons that indicate one facility over the other, the City shall give the ap- plicant the choice of facilities to utilize. (Ord. 5450, 3-2-2009) c. Relief Due to Future Subdivision: At the time the latecomer’s agreement or special assessment district is formed, and as a condition of the latecomer’s 4-1-180B (Revised 8/14)1 - 20 agreement or special assessment dis- trict, the City may require that the assess- ment against a parcel be divided such that a single family residential connection will be assessed based upon the size of a typical single family residential lot in that area. The remainder of the cost at- tributed to said site will be due at such time as the parcel develops further either by subdivision or increased density. In the case of a special assessment district, interest will continue to accrue on the re- maining portion of the assessment. d. Reallocation of Assessment Due to Subdivision of Property: The Public Works Administrator will consider reallo- cation of the latecomer’s assessment or the special assessment if a property is subdivided for any purpose other than single family use. Reallocation may be granted based upon front footage, area, or other equitable means. Consideration may be given to adjusting the assess- ment between the new parcels, based upon value of benefit from the improve- ments, such that two (2) similar parcels may pay different amounts because one receives more benefit. (Ord. 5450, 3-2-2009) B. SYSTEM DEVELOPMENT CHARGES (SDC) – WATER, WASTEWATER, AND STORM WATER: The City has authority under RCW 35.92.025 to impose charges, which are commonly referred to as “system development charges,” on property owners in order that said property owners shall bear their equitable cost share of the City’s utility system(s). 1. Applicability of System Development Charge: The system development charge is hereby imposed against properties and, by inference, the owners of said properties that are benefiting from and/or increasing the level of usage of the City’s utility systems. Said property owner(s) shall pay, prior to con- nection to or benefit from a City utility system, the system development charge associated with that utility as detailed in the City of Renton Fee Schedule Brochure. A parcel may benefit from a City utility system during the development or redevelopment of the property with or without a connection to an established facility. Therefore, the system de- velopment charge for a utility may be trig- gered without a physical connection to an existing facility. a. “Utility system” shall mean: • The sanitary sewer system, including but not limited to lift stations, force mains, interceptors and other sewer mains. • The storm water system, including but not limited to flow control or water quality facilities, flood hazard reduc- tion improvements, lift stations, force mains, interceptors, and other storm water storage, treatment, collection and conveyance systems used for management of storm water runoff. • The water system, including but not limited to wells, pump stations, water treatment facilities, reservoirs and water mains. b. The phrase “increasing the level of usage of a City utility system(s),” as used in this Section, shall mean any of the fol- lowing: •First Time Service Connection or Benefit: Any property that is con- necting to or benefiting from a Renton utility system for the first time (including but not limited to new con- struction, conversion from private well, or conversion from septic sys- tem). • Property that is being improved, de- veloped, redeveloped, or subdivided and as part of said action has in- stalled an additional water meter(s), has installed a larger water meter(s) or creates additional impervious sur- face (for the purpose of this code, conversion of a gravel area to as- phalt, concrete, or other impervious surface shall be considered addi- tional impervious surface). c. The basis for the charge of system development charges shall be: 4-1-180B 1 - 20.1 (Revised 8/14) •Storm Water: The addition of any new impervious surface to properties will require payment of the system development charge for storm water for the additional new impervious surface only. If a property is making a (Revised 8/14)1 - 20.2 This page left intentionally blank. 4-1-180B 1 - 21 (Revised 3/13) connection for the first time to a storm water system, it will only re- quire payment of the system devel- opment charge for storm water for the impervious surface tributary to the point of connection. Any rebuild- ing, change in use or additions to property that does not create addi- tional impervious surface or does not cause a first time connection to be made will not require payment of the system development charge for storm water. New single family development will pay based upon a flat rate per dwell- ing unit. Existing single family devel- opment that has previously connected will pay based upon square foot of additional impervious surface. Existing single family devel- opment that is connecting for the first time will pay based upon a flat rate per dwelling unit. Commercial and multi-family development will pay based upon square foot of additional impervious surface. •Wastewater: The addition of a new domestic water meter, increasing the size of an existing domestic water meter, conversion of a non-domestic water meter to domestic use, or the first time connection of a property to the sanitary sewer system will re- quire payment of the system devel- opment charge. For each additional domestic meter installed, the charge shall be based upon the size of the additional meter(s). For each in- creased domestic meter, the charge shall be for the size of the new do- mestic meter minus the charge for the domestic meter being replaced. For the conversion of a non-domestic water meter to domestic use, the charge will be based upon the size of the meter converted to domestic use. For the first time connection of an ex- isting developed property to the sewer system, the charge shall be based upon the size of the domestic meters for the property. •Water: The addition of a new domes- tic or irrigation water meter, increas- ing the size of an existing water meter, or the addition of a service for fire protection will require the pay- ment of the system development charge. For each additional meter in- stalled, the charge shall be based upon the size of the additional meter(s). For each increase in meter size, the charge shall be for the size of the new meter minus the charge for the meter being replaced. For the addition or increase in size of a ser- vice for fire protection, the charge shall be based upon the size of the fire service (NOT the size of the de- tector bypass meter). d. Charges Not Refunded for a Re- duction In Service: System develop- ment charges will not be refunded if the service basis, as described above, is re- duced. The service level, prior to reduc- tion, may be considered as existing level of service as described below. e. Existing Level of Service: The ex- isting level of service shall be the base- line for any additional system development charges. Said baseline level of service shall be determined by existing connections; existing size, type and number of water meters; and existing impervious surfaces. When a previously developed property has participated in demolition of existing improvements, then the baseline level of service shall be the highest level of developed condition within the five (5) year period preceding the date of application. Any development of the property that has been removed for more than five (5) years shall not be con- sidered when calculating additional fees. For demolished impervious surfaces, the City reserves the right to utilize construc- tion drawings, aerial photos, or topo- graphic maps to best determine square footage of impervious surface prior to demolition. For storm water, when increasing the level of density of single family by the ad- dition of units or redevelopment to com- mercial or multi-family, the existing level of service baseline shall be as follows: when the existing level of service is sin- gle family and the proposed service is 4-1-180B (Revised 3/13)1 - 22 single family, the baseline shall be exist- ing dwelling units. When the existing level of service is single family and the proposed service is other than single family, the baseline shall be the square footage equivalent of the existing dwell- ing units. For example, if a property owner re- moved all improvements from a two (2) acre parcel that had a one-inch (1") do- mestic water meter, a one-inch (1") irriga- tion water meter, was connected to sanitary sewer, and was fifty percent (50%) impervious and that parcel sat va- cant for two (2) years, those improve- ments would be considered when calculating additional system develop- ment charges. Exceptions: The addition of an irrigation meter only for an existing single family residential dwelling will not trigger a system devel- opment charge for water or sewer. The addition of a second domestic meter to an existing duplex in order to divide consumption for billing purposes will not trigger a system development charge. Improvements to existing single family residential units that have had the system development charge for storm water paid per dwelling unit shall be exempt from charges for additional impervious sur- faces unless the additional impervious surface is created by the addition of sin- gle family units or by development other than single family. Improvements to existing single family residential units such as additions that are less than five hundred (500) square feet of new impervious surface are ex- empt from the system development charge for storm water unless a new con- nection to the Renton storm water sys- tem is proposed or required as part of the permit application. 2. Exemptions to System Development Charge: a. Installation of an Irrigation Meter Solely for the Purpose of Providing Ir- rigation Water to City Right-of-Way: In- stallation of a water meter solely for the purpose of providing irrigation water to City right-of-way is exempted from the system development charge. b. Exemption for City-Owned Prop- erty: No system development charge will be collected on City-owned properties. The benefits to the utility from the use of other City properties such as utility ease- ments, lift stations and other benefits off- set the amount of the system development charge. c. Storm Water Exemption for Infil- tration Facility: Developments that infil- trate or contain on site one hundred percent (100%) of the on-site storm water runoff volume from a one hundred (100) year storm are exempt from the storm water system development charge. For the application of this credit, the owner/developer must use the current design criteria to show that the infiltration facility will infiltrate all of the volume of runoff produced from the site during the one hundred (100) year storm. For purposes of this code, “on-site” in- cludes all land within the boundary of the development. If the development benefits from the City storm water system be- cause the city system provides drainage for any of the lots, tracts, roadways, etc., within the development, it will not qualify for this exemption. If a development that is granted an ex- emption under this Section discharges water off-site during a one hundred (100) year storm or less, the development shall be required to make corrections or im- provements to the on-site system such that it will infiltrate up to the one hundred (100) year storm. If, in the future, the de- velopment can no longer infiltrate one hundred percent (100%) of the on-site storm water runoff from a one hundred (100) year storm, the system develop- ment charge shall be due and payable as 4-1-180C 1 - 23 (Revised 5/18) a condition of the connection to or utiliza- tion of the City’s storm water system. Nothing in this Section shall relieve the property owner(s) from complying with the City’s current flow control and water quality treatment standards at the time the development converts from one hun- dred percent (100%) infiltration to use of the City storm system. When a develop- ment is converted from one hundred per- cent (100%) infiltration to use of the City storm system, the storm water manage- ment standards used shall consider the existing conditions prior to the property being developed under the one hundred percent (100%) infiltration exemption and the developed conditions at the time the conversion is made. There may be certain areas within the City that partially or completely prohibit the use of infiltration facilities. If a current or future code or standard prohibits or limits the use of infiltration facilities to any level below the one hundred (100) year storm, the development will not qualify for this exemption. d. Storm Water Exemption for Direct Discharge to Lake Washington: Devel- opments with property directly abutting the Lake Washington shoreline that di- rect discharges one hundred percent (100%) of the on-site storm water runoff to the lake through their own private storm system located solely on the devel- opment property(ies) are exempt from the storm water system development charge. If the development benefits from the City storm water system because the city system provides drainage for any of the lots, tracts, roadways, etc., within the development, it will not qualify for this ex- emption. Any direct discharge to waters or natural drainage courses other than Lake Washington will not qualify for this exemption. (Ord. 5678, 12-3-2012) C. SEGREGATION CRITERIA AND RULES: Except for parcels being developed for single family use, the ability exists for the segregation of special assessment district, and/or latecomer’s charges (if permitted by the latecomer’s agree- ment) if there is partial development of a large parcel of property. This segregation shall be based on the following criteria and rules: 1. Segregation by Plat or Short Plat: Charges shall be determined on the basis of the specific platted properties being devel- oped regardless of the parcel size. Unplatted or large-platted parcels may be platted or short-platted prior to development, in which case the special assessment district, and/or latecomer’s charge will be applied to the spe- cific platted lots being developed. 2. Segregation by Administrative Deter- mination: For the partial development of a large tract of property, the owner may apply for a segregation of the special assessment district, and/or latecomer’s charge(s) for the specific portion of the property to be devel- oped. The burden of establishing the segre- gation by legal description, number of units, and map would be on the party owing the fee and not the City. The following criteria shall determine the segregation of fees: a. Provisions: This provision shall ap- ply to all developments with the excep- tion of single family residential home developments. b. Segregation of Fees: The segrega- tion of fees shall be by formal, written agreement, including a legal description approved by the City, which shall be re- corded as a restrictive covenant running with the land. The restrictive covenant shall list the percentage of the special as- sessment district, and/or latecomer’s charge fee that has been paid for the property. The applicant shall also include a detailed plan, drafted to current ad- opted City standards, of the proposed de- velopment, which shall include the proposed boundary line, as described in the legal description, for the special as- sessment district, and/or latecomer’s charge determination. c. Segregated Areas: Minimum size of area segregated for determination and payment of special assessment district, and/or latecomer’s charge(s) shall be two (2) acres. The segregated area shall in- clude, but not be limited to, all contiguous existing developed land for which the special assessment district, and/or late- 4-1-190A (Revised 5/18)1 - 24 comer’s charge(s) have not been paid; all proposed buildings; driveways and side- walks; parking areas; grass and land- scape areas; public access areas; storm water systems; and improvements re- quired for mitigation of environmental im- pacts under the State Environmental Policy Act (SEPA). The boundary line for the segregation of special assessment district, and/or latecomer’s charge shall be established by survey and legal de- scription and shall not be closer than fif- teen feet (15') to any structure. d. Remnant Parcel: Minimum size of the remnant parcel of undeveloped prop- erty for which the special assessment district, and/or latecomer’s charge is de- ferred shall be two (2) acres. Should the property partially paid for under this Sec- tion later develop, then that property shall pay the special assessment district, and/or latecomer’s charge fee in place at the time of development. Should the property partially paid for under this Sec- tion later be subdivided, then the partial payment credit shall run with the subdi- vided lots. The burden of establishing that the partial payment has been made would be on the party owing the fee and not on the City. e. Determination of Charge: The spe- cial assessment district, and/or late- comer’s charge shall be determined on the basis of the percentage of a property that is developed (existing development plus proposed development). When a proposed development takes a parcel over the threshold of full development, as described in this Section, one hundred percent (100%) of the special assess- ment district, and/or latecomer’s charge(s) is owed and any balance is due and payable. f. Full Development: For the purpose of this Code, “full development” is consid- ered to be sixty percent (60%) property coverage for multi-family development and eighty percent (80%) property cover- age for commercial, industrial, mixed use, and all other development. “Property coverage” is defined as the portion of the property supporting buildings, driveways and sidewalks, parking areas, grass and landscape areas, public access areas, storm water systems, and improvements required for mitigation of environmental impacts under the State Environmental Policy Act (SEPA). g. Developed Area: The “developed area” shall include, but not be limited to, all contiguous existing developed land for which the system development charges have not been paid: all existing and pro- posed buildings, driveways and side- walks, parking areas, grass and landscape areas, public access areas, storm water systems, and improvements required for mitigation of environmental impacts. h. Interpretation: The Administrator of Public Works shall make the final deci- sion on interpretation of the partial pay- ment of system development charges. (Ord. 5450, 3-2-2009) 3. Segregation by Latecomer’s Agree- ment: Segregation, if segregation is permit- ted by the latecomer’s agreement, will be governed by the terms of the latecomer’s agreement. Subsections C1 and 2 of this Section shall govern segregation insofar as they are not inconsistent with the latecomer’s agreement. (Ord. 4205, 2-20-1989; Ord. 4415, 8-16-1993; Ord. 4444, 3-28-1994; Ord. 4505, 4-10-1995; Ord. 4506, 4-10-1995; Ord. 4508; Ord. 4525; Ord. 4526, 6-12-1995; Amd. Ord. 4872, 11-20-2000; Ord. 4875, 12-4-2000; Ord. 5000, 1-13-2003; Ord. 5040, 11-24-03; Ord. 5153, 9-26-2005; Ord. 5169, 12-5-05; Ord. 5326, 12-10-07; Ord. 5557, 10-18-2010) 4-1-190 IMPACT FEES: A. TITLE: This Section shall be hereinafter known as “im- pact fees.” B. PURPOSE AND INTENT: The purpose and intent of this Section is to autho- rize the collection of impact fees for transporta- tion, parks, fire protection, and schools and to provide for certain other matters in connection therewith. 4-1-190D 1 - 25 (Revised 5/18) C. FINDINGS AND AUTHORITY: The Renton City Council (hereinafter referred to as “Council”) hereby finds and determines that development activities, including but not limited to new residential, commercial, retail, office, and in- dustrial development in the City of Renton (here- inafter referred to as “City”) will create additional demand and need for transportation and parks system improvements in the City, for school facil- ities within its school districts, and for fire protec- tion facilities in the City. Further, the Council finds that such new growth and development should pay a proportionate share of the cost of system improvements needed to serve the new growth and development. In the Rate Study as defined and hereby incorpo- rated by this reference, the City documented ex- tensive research concerning the procedures for measuring the impact of new developments on public facilities. In 2016, the City updated the Rate Study for Transportation. In 2017, the Renton Regional Fire Authority completed its own Rate Study for Fire Impact Fees. These Rate Studies utilize methodologies for cal- culating impact fees that are consistent with the requirements of RCW 82.02.060(1). A copy of the most current version of the Rate Studies shall be kept on file by the Renton City Clerk and will be available to the public for review. Therefore, pursuant to chapter 82.02 RCW, the Council adopts this Section to assess impact fees for transportation and parks, as well as, school impact fees for the Issaquah, Kent, and Renton School Districts and for fire protection fees for the Renton Regional Fire Authority. The provisions of this Section shall be liberally construed in order to carry out the purposes of the Council in providing for the assessment of impact fees. (Ord. 5841, 6- 12-2017) D. DEFINITIONS: The words and terms defined below shall have the following meanings for the purposes of this Section, unless the context clearly requires other- wise. Terms otherwise not defined herein shall be defined pursuant to RCW 82.02.090 or given their usual and customary meaning. 1. “Administrator” means the Administrator or designee of the Department of Community and Economic Development. 2. “Applicant” for the purposes of this Sec- tion includes an entity that controls the appli- cant, is controlled by the applicant, or is under common control with the applicant. 3. “Building permit” means an official docu- ment or certification which is issued by the City and which authorizes the construction, alteration, enlargement, conversion, recon- struction, remodeling, rehabilitation, erection, demolition, moving, or repair of a building or structure or any portions thereof. 4. “Capital facilities plan” means the capital facilities element of the City’s Comprehen- sive Plan adopted pursuant to chapter 36.70A RCW and such plan as amended. 5. “City” means the City of Renton. 6. “Classrooms” means educational facili- ties of each respective school district that the district determines are necessary to best serve its student population and that are re- quired to house students for its basic educa- tional program. Specialized facilities as identified by the school district, including but not limited to gymnasiums, cafeterias, librar- ies, administrative offices, and child care cen- ters, shall not be counted as classrooms. 7. “Construction cost per student” means the estimated cost of construction of a perma- nent school facility in the school district for the grade span of school to be provided, as a function of the school district’s design stan- dard per grade span and the requirements of students with special needs. 8. “Council” means the Renton City Coun- cil. 9. “Department” means the City’s Depart- ment of Community and Economic Develop- ment. 10. “Development activity” means any con- struction or expansion of a building, structure, or use, any change in use of a building or structure, or any changes in the use of land that generate the need for additional public facilities. 11. “Development approval” means any written authorization from the City of Renton 4-1-190D (Revised 5/18)1 - 26 which authorizes the commencement of a de- velopment activity. 12. “Elderly” means a person aged sixty two (62) or older. 13. “Encumbered” for transportation and parks means to reserve, set aside, or other- wise earmark impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for system improve- ments. For school and fire it means impact fees identified by the district or RRFA as be- ing committed as part of the funding for a fa- cility for which the publicly funded share has been assured or building permits sought or construction contracts let. 14. “Feepayer” is any person, collection of persons, or department or bureau of any gov- ernmental entity or municipal corporation commencing a development activity which creates the demand for additional system im- provements and which requires the issuance of a building permit or a permit for a change of use. “Feepayer” includes an applicant for an impact fee credit. 15. “Fee Schedule” is the City of Renton Fee Schedule detailing amounts to be paid for various permits, licenses, etc., that is pub- lished, kept on file, and made available to the public on the City’s website and in the office of the Renton City Clerk. 16. “Fire capital facilities plan” means the RRFA’s capital improvement plan adopted by the RRFA’s governing board that includes the following: a. An inventory of existing capital facili- ties and equipment owned by the RRFA, their locations, and capacities. b. The identification of the demands projected new development is antici- pated to place on existing fire protection facilities and equipment. c. A forecast of the capital facilities and equipment necessary to meet the RRFA’s adopted level of service with the increased demand of new development within the RRFA. d. The proposed locations of expanded or new capital facilities and equipment and the associated timeline for construc- tion or expansion. e. At least a six (6) year financing com- ponent, updated as necessary to main- tain at least a six (6) year forecast period, for financing needed fire protection facili- ties within projected funding levels, and identifying sources of financing for such purposes, including bond issues. f. Any other long-range projects planned by the RRFA. 17. “Fire protection” shall mean fire protec- tion facilities, including but not limited to fire stations, fire apparatus, and any furnishings and equipment that can be capitalized. 18. “Grade span” means the categories into which a school district groups its grades of students, i.e., elementary school, middle or junior high school, and high school. 19. “Hearing Examiner” shall mean that person or persons acting as the Renton Hear- ing Examiner. 20. “Impact fee” means a payment of money imposed by the City of Renton on de- velopment activity pursuant to this Section as a condition of granting development ap- proval. An impact fee does not include a rea- sonable permit fee, an application fee, the administrative fee for collecting and handling impact fees, the fee for reviewing indepen- dent fee calculations, or the fee for deferring payment of impact fees. 21. “Impact fee account(s)” means the sep- arate accounting structure(s) within the City’s established accounts, which structure(s) shall identify separately earmarked funds and which shall be established for the impact fees that are collected. The account(s) shall be es- tablished pursuant to subsection M of this Section and shall comply with the require- ments of RCW 82.02.070. 22. “Independent fee calculation” means the transportation impact fee calculation, and/or economic documentation prepared by a feepayer, to support the assessment of a transportation, parks or fire protection impact 4-1-190D 1 - 27 (Revised 5/18) fee other than by the use of the rates pub- lished in the City’s Fee Schedule, or the cal- culations prepared by the department where none of the fee categories or fee amounts in the City’s Fee Schedule accurately describe or capture the impacts of the development activity on public facilities. 23. “Owner” means the owner of record of real property, although when real property is being purchased under a real estate contract, the purchaser shall be considered the owner of the real property if the contract is recorded. 24. “Parks” shall mean parks, open space, and recreation facilities including but not lim- ited to land, improvements, and any furnish- ings and equipment that can be capitalized. 25. “Permanent school facilities” means the facilities of a school district with a fixed foun- dation which are not relocatable facilities. 26. “Permit for change of use or change of use permit” means an official document which is issued by the City which authorizes a change of use of an existing building or structure or land. 27. “Project improvements” means site im- provements and facilities that are planned and designed to provide service for a particu- lar development project, are necessary for the use and convenience of the occupants or users of the project, and are not system im- provements. No improvement or facility in- cluded in a capital facilities plan adopted by the Council shall be considered a project im- provement. 28. “Public facilities,” for purposes of this Section, means the following capital facilities owned or operated by the City of Renton, school districts, Renton Regional Fire Author- ity, or other governmental entities: public streets and roads, public parks, open space and recreation facilities and fire protection fa- cilities. (Ord. 5841, 6-12-2017) 29. “Rate Study” means any rate study re- lating to impact fees for transportation, parks, or fire protection adopted by the City of Renton. 30. “Relocatable facility” means any fac- tory-built structure, transportable in one or more sections, such as that which is de- signed to be used as an education space needed to prevent the overbuilding of school facilities to meet the needs of service areas within a school district, or to cover the gap be- tween the time that families move into new residential developments and the date that construction is completed on permanent school facilities. 31. “Relocatable facilities cost per student” means the estimated cost of purchasing and siting a relocatable facility in a school district for the grade span of school to be provided, as a function of a school district’s design standard per grade span and the require- ments of students with special needs. 32. “RRFA” means the Renton Regional Fire Authority, a Washington State municipal corporation established and operating pursu- ant to chapter 52.26 RCW. 33. “School capital facilities plan” means each respective school district’s capital facili- ties plan adopted by the School Board, which shall consist of: a. A forecast of future needs for school facilities based on the school district’s en- rollment projections; b. The long-range construction and capital improvements projects of the school district; c. The schools under construction or expansion; d. The proposed locations and capaci- ties of expanded or new school facilities; e. At least a six (6) year financing plan component, updated as necessary to maintain at least a six (6) year forecast period, for financing needed school facil- ities within projected funding levels, and identifying sources of financing for such purposes, including bond issues autho- rized by the voters and projected bond is- sues not yet authorized by the voters; and f. Any other long-range projects planned by the school district. 4-1-190E (Revised 5/18)1 - 28 34. “School district design standard” means the space required, by grade span, including the requirements of students with special needs, which is needed in order to fulfill the educational goals of the school district as identified in each respective school district’s capital facilities plan. 35. “Site cost per student” means the esti- mated cost of a site in a school district for the grade span of school to be provided, as a function of the school district’s design stan- dard per grade span and the requirements of students with special needs. 36. “Standard of service” means the stan- dard adopted by a school district which iden- tifies the program year, the class size by grade span and the requirements of students with special needs, the number of class- rooms, the types of facilities the school dis- trict believes will best serve its student population, and other factors as identified by a school district. The school district’s stan- dard of service shall not be adjusted for any portion of the classrooms housed in relocat- able facilities which are used as transitional facilities or for any specialized facilities housed in relocatable facilities. Except as otherwise defined by the School Board pur- suant to a Board resolution, “transitional facil- ities” shall mean those facilities that are used to cover the time required for the construction of permanent school facilities; provided, that the school district has the necessary financial commitments in place to complete the per- manent school facilities called for in the school district’s capital facilities plan. 37. “Street” or “road” means a public right- of-way and all related appurtenances, includ- ing lawfully required off-site mitigation, which enable motor vehicles, transit vehicles, bicy- cles, and pedestrians to travel between des- tinations. For purposes of this Section, public streets and roads are collectively referred to as “transportation.” 38. “Student factor” means the number de- rived by a school district to describe how many students of each grade span are ex- pected to be generated by a dwelling unit. Student factors shall be based on a school district’s record of average actual student generation rates for new developments con- structed over a period of not more than five (5) years prior to the date of the fee calcula- tion; provided, that if such information is not available in the school district, data from ad- jacent districts, districts with similar demo- graphics, or countywide averages may be used. Student factors must be separately de- termined for single family and multi-family dwelling units, and for grade spans. 39. “System improvements,” for purposes of this Section, means public facilities that are included in the City of Renton’s capital facili- ties plan, and such plan as amended, and are designed to provide service to the community at large, in contrast to project improvements. 40. “Transportation” means public streets and roads and related appurtenances. E. ESTABLISHMENT OF SERVICE AREA: 1. The City hereby establishes, as the ser- vice area for impact fees, the City of Renton, including all property located within the cor- porate City limits. 2. The scope of the service area is hereby found to be reasonable and established on the basis of sound planning and engineering principles, and consistent with RCW 82.02.060 as described in the Rate Study. F. IMPACT FEES METHODOLOGY AND APPLICABILITY: The transportation and park impact fees in the City of Renton Fee Schedule are generated from the formulae for calculating transportation impact fees set forth in the applicable Rate Study. School and fire impact fees in the fee schedule are gen- erated from the formulae for calculating impact fees set forth in the applicable school and fire capital facilities plans as may be further set forth in a Rate Study. Except as otherwise provided for independent fee calculations in subsection H of this Section, exemptions in subsection I of this Section, and credits in subsection J of this Sec- tion, all new development activity in the City will be charged impact fees applicable to the type of development listed in the City of Renton Fee Schedule. 4-1-190G 1 - 29 (Revised 5/18) G. COLLECTION OF IMPACT FEES: 1. Transportation, Parks, and Fire Im- pact Fees: a. Applicability: The City shall collect impact fees, based on the rates in the City of Renton Fee Schedule, from any applicant seeking development approval from the City for any development activity within the City, when such development activity requires the issuance of a build- ing permit or a permit for a change in use, and creates a demand for additional pub- lic facilities. b. Transportation and Parks Basis and Amount: Maximum allowable im- pact fees for transportation and parks are established by the applicable Rate Study. The rates to be charged by the City are listed in the City of Renton Fee Schedule. c. Fire Impact Fee Basis and Amount: The maximum allowable fees shall be based on the fire capital facilities plan and the rate study developed by the RRFA, approved by its Board, and ad- opted by the City as part of the capital fa- cilities element of the City’s Comprehensive Plan and as a fire impact fee Rate Study. The rates to be charged are listed in the City of Renton Fee Schedule. 2. School Impact Fees: a. Applicability: The City shall collect impact fees, based on the rates in the City of Renton Fee Schedule, from all ap- plicants seeking development approval from the City for any residential develop- ment activity in that portion of the City lo- cated within each respective school district’s boundaries. b. Basis and Amount: The maximum allowable fees shall be based on a school capital facilities plan developed by the appropriate school district and approved by the School Board, and adopted by ref- erence by the City as part of the capital facilities element of the City’s Compre- hensive Plan. The rates to be charged are listed in the City of Renton Fee Schedule. c. Adjustment by Council: The City Council may adjust the fees, as it sees fit, to take into account local conditions such as, but not limited to, price differentials throughout each respective school dis- trict in the cost of new housing, school oc- cupancy levels, and the percent of each school district’s capital facilities budget, which will be expended locally. d. Classification by Dwelling Type: Separate fees shall be calculated for sin- gle family and multi-family dwellings, and separate student generation rates must be determined by each school district for each type of dwelling. For purposes of this Section, mobile homes shall be treated as single family dwellings; du- plexes and accessory dwelling units shall be treated as multi-family dwellings. e. Credit for Tax Contributions: The formula in Attachment A to Ordinance 4808 provides a credit for the anticipated tax contributions that would be made by the development based on historical lev- els of voter support for bond issues in a school district. 3. Changes in Use or Tenancy: When an impact fee applies to a change of use permit, the impact fee shall be the applicable impact fee for the land use category of the new use, less any impact fee previously paid for the land use category of the prior use. For pur- poses of this provision, a change of use should be reviewed based on the land use category provided in the Rate Study that best captures the broader use of the property un- der development. Changes in use or tenancy, if consistent with the general character of the building or building aggregations (i.e., “indus- trial park,” or “specialty retail”) should not be considered a change in use that is subject to an impact fee. Further, minor changes in ten- ancies that are consistent with the general character of the included structure, building, or previous use should not be considered changes in use subject to an impact fee. If no impact fee was paid for the prior use, the im- pact fee for the new use shall be reduced by an amount equal to the current impact fee rate for the prior use. Vacant buildings shall be assessed as if in the most recent legally established use as shown on a locally owned 4-1-190G (Revised 5/18)1 - 30 business license or development permit doc- uments. 4. Mixed Use: For mixed use develop- ments, impact fees shall be imposed for the proportionate share of each land use, based on the applicable measurement in the impact fee rates in the City of Renton Fee Schedule. 5. Timing of Assessment and Collection: Impact fees shall be determined at the time the complete application for a building permit or a permit for a change in use is submitted using the impact fees then in effect. Impact fees shall be due and payable before the building permit or permit for a change of use is issued by the City. 6. Documentation of Credit Required: Feepayers allowed credits prior to the sub- mittal of the complete building permit applica- tion or an application for a permit for a change of use shall submit, along with the complete application, a copy of the letter prepared by the Administrator, school district superinten- dent, or RRFA official setting forth the dollar amount of the credit allowed. Impact fees, as determined after the application of any cred- its, shall be collected from the feepayer no later than the time a building permit or permit for a change of use is issued. 7. Deferral for Subdivisions, Short Sub- divisions, and Planned Unit Develop- ments: An applicant for residential subdivision, short subdivision, or planned unit development may defer payment of impact fees for all of the dwelling units to be created in the development until the earlier of the time of closing of the first sale of a single detached dwelling unit, condominium unit, or a multi- family residential building or eighteen (18) months after the issuance of the original building permit, but only if before recording the subdivision or short subdivision, the appli- cant: a. Submits to the Administrator a signed and notarized deferred impact fee application and acknowledgement form, which includes the legal description, tax account number, and address of each in- dividual in the development; b. Records at the applicant’s expense a covenant and lien that complies with the requirements of subsections G8bi through vii of this Section; and c. Pays the applicable nonrefundable administrative fee. 8. Deferral for Single Family, Condo- minium, and Multi-Family Dwellings: A building permit applicant may defer payment of impact fees for a single detached dwelling unit, condominium unit, or all of the dwelling units in a multi-family residential building until the earlier of the time of closing of the first sale of a single detached dwelling unit, a con- dominium unit or a multi-family residential building or eighteen (18) months after issu- ance of the original building permit, but only if before issuance of the building permit, the ap- plicant: a. Submits to the Administrator a signed and notarized deferred impact fee application and acknowledgement form for each single detached dwelling unit, condominium unit or all of the dwelling units in a multi-family residential building for which the applicant wishes to defer payment of the impact fees; and b. Records at the applicant’s expense a covenant and lien in the amount of the deferred impact fee(s) and that includes the legal description, tax account num- ber, and address of the property that: i. Requires payment of the impact fees to the City at the earlier of the time of closing of the first sale or eighteen (18) months after issuance of the original building permit; and ii. Provides that if the impact fees are paid through escrow at closing of sale, in the absence of an agreement between the buyer and the seller to the contrary, the impact fees shall be paid from the seller’s proceeds; and iii. Provides that the seller bears strict liability for the payment of the impact fees; and iv. Requires the seller or seller’s agent of property subject to the cov- enant and lien to provide written dis- closure of the covenant and lien to a 4-1-190H 1 - 31 (Revised 5/18) purchaser or prospective purchaser. Disclosure of the covenant must in- clude the amount of impact fees pay- able and that the fees are to be paid to the City no later than the closing date; and v. Makes the applicant legally liable for payment of the impact fees if the fees are not paid by the earlier of the time of closing of the first sale or eighteen (18) months after the build- ing permit has been issued; and vi. Is signed by all owners of the property as listed on a current title re- port, with all signatures acknowl- edged as required for a deed; and vii. Is junior and subordinate to one mortgage for the purpose of con- struction upon the same real prop- erty granted by the person who applied for the deferral of impact fees. 9. Payment Methods: Payment of impact fees deferred under this subsection shall be made by cash, escrow company check, ca- shier’s check or certified check. 10. Lien Release: Upon receipt of payment of impact fees deferred under this subsec- tion, the City shall execute a lien release for each single detached dwelling unit, condo- minium unit, or multi-family residential build- ing for which the impact fees have been received. The property owner at the time of the release shall be responsible for recording the lien release. 11. Foreclosure by City: If impact fees are not paid, in accordance with the provisions of this subsection, the City may institute foreclo- sure proceedings in accordance with chapter 61.12 RCW. 12. Foreclosure by a School District: If the City does not institute foreclosure pro- ceedings for unpaid school impact fees within forty five (45) days after receiving notice from a school district requesting that it do so, the district may institute foreclosure proceedings with respect to unpaid impact fees. 13. Required Prior to Building Permit Is- suance: The Department shall not issue the required building permit or the permit for the change of use until the impact fees have been paid or the signed and notarized de- ferred impact fee application and acknowl- edgement form and deferral fee have been received and accepted by the City. 14. Number of Deferrals Limited: Each applicant for a single family building permit, in accordance with his or her contractor regis- tration number or other unique identification number, is entitled to annually receive defer- rals under this subsection for the first twenty (20) single family building permits issued by the City to that applicant. H. INDEPENDENT FEE CALCULATIONS: 1. Calculations by City: If, in the judgment of the Administrator, none of the fee catego- ries or fee amounts set forth in the City of Renton Fee Schedule accurately describes or captures the impacts of a new develop- ment on public facilities, the Department may conduct independent fee calculations and the Administrator may impose alternative fees on a specific development based on those cal- culations. The alternative fees and the calcu- lations shall be set forth in writing and shall be mailed to the feepayer. 2. Calculations by Feepayer: A feepayer may opt not to have the impact fees deter- mined according to the fee structure in the City of Renton Fee Schedule, in which case the feepayer shall prepare and submit to the Administrator, the RRFA, or school district, as applicable, an independent fee calculation for the development activity for which a building permit is being sought. The documentation submitted shall show the basis upon which the independent fee calculation was made. An independent fee calculation shall use the same methodology used to establish impact fees and for transportation, parks, fire, and school impact fees; they shall be limited to adjustments in trip generation rates and lengths for transportation impact fees, per- sons per dwelling unit for park impact fees, and fire incident rates for fire impact fees. 3. Consideration and Review: There is a rebuttable presumption that the calculations set forth in the Rate Studies and Capital Fa- 4-1-190I (Revised 5/18)1 - 32 cilities Plans and the data used by the City, RRFA, and school districts are valid. a. Transportation and Parks Impact Fees: The Administrator shall consider the documentation submitted by the fee- payer, but is not required to accept such documentation or analysis which the Ad- ministrator reasonably deems to be inap- plicable, inaccurate, incomplete, or unreliable. The Administrator may re- quire the feepayer to submit additional or different documentation for consider- ation. The Administrator is authorized to adjust the impact fees on a case-by-case basis based on the independent fee cal- culation, the specific characteristics of the development, and/or principles of fairness. The fees or alternative fees and the calculations therefor shall be set forth in writing and shall be mailed to the fee- payer. b. School and Fire Impact Fees: A school district or the RRFA may adjust the amount of the impact fee assessed if appropriate and lawful, as demonstrated by the feepayer to the appropriate school district’s or the RRFA’s satisfaction. If the Administrator receives a written decision from a school district or RRFA approving an independent fee calculation, the Ad- ministrator shall apply and collect school or fire impact fees, as applicable, as ad- justed by the approved independent fee calculation. 4. Adjustment from Maximum Amount: Alternative transportation impact fees calcu- lated pursuant to this subsection shall be re- duced in the same manner and to the same extent that the impact fees in the City of Renton Fee Schedule are reduced from the maximum allowable impact fees in the Rate Study. 5. Appeals: Determinations made by the Administrator or school district pursuant to this Section may be appealed to the office of the Hearing Examiner under the procedures set forth in subsection L of this Section. I. EXEMPTIONS: 1. School Impact Fees: The following shall be exempt from the application of school im- pact fees: a. Any form of housing exclusively for the elderly, including nursing homes and retirement centers, so long as these uses are maintained in perpetuity and the nec- essary covenants or declarations of re- strictions are recorded on the property to ensure that no children will reside in the development. b. The replacement of the same num- ber of dwelling units at the same site or lot when such replacement occurs within thirty six (36) months of the demolition or destruction of the prior structure. c. Alterations or expansion or enlarge- ment or remodeling or rehabilitation or conversion of an existing dwelling unit where no additional units are created and the use is not changed. d. Any development activity that is ex- empt from the payment of a school im- pact fee pursuant to RCW 82.02.100, due to mitigation of the same system im- provement under the State Environmen- tal Policy Act. 2. Transportation, Parks, and Fire Im- pact Fees: Except as provided for below, the following shall be exempted from the pay- ment of all transportation, parks, and fire im- pact fees: a. Alteration or replacement of an exist- ing residential structure that does not cre- ate an additional dwelling unit or change the type of dwelling unit. b. Alteration or replacement of an exist- ing nonresidential structure that does not expand the usable space or change the existing land use. c. Miscellaneous improvements which do not generate increased need for pub- lic facilities, including, but not limited to, fences, walls, residential swimming pools, and signs. 4-1-190J 1 - 33 (Revised 5/18) d. Demolition or moving of a structure. e. Projects that have undergone prior State Environmental Policy Act (SEPA) review and received a final decision that includes mitigation requirements on the condition that the SEPA mitigation obliga- tion has or will be fulfilled by the time the impact fees, if applicable, would be due. f. Housing that qualifies for waived fees under the provisions of RMC 4-1-210. g. Temporary manufactured homes for medical hardships that meet the criteria identified in RMC 4-9-240. 3. Authority: The Administrator shall be authorized to determine whether a particular development activity falls within an exemp- tion identified in this Section. The Administra- tor’s determinations shall be in writing and shall be subject to the appeals procedures set forth in subsection L of this Section. J. CREDITS FOR DEDICATIONS, CONSTRUCTION OF IMPROVEMENTS, AND PAST TAX PAYMENTS: 1. Criteria for Award of Credits: A fee- payer may request that a credit or credits for impact fees be awarded to him/her for the to- tal value of system improvements, including dedications of land and improvements, and/or construction provided by the feepayer. Requests for credits for transportation and parks impact fees shall be made to the Ad- ministrator. Requests for credits for school impact fees shall be made to the appropriate school district. Requests for credits for fire im- pact fees shall be made to RRFA. Credits will be given only if the land, improvements, and/or the facility constructed are: a. Included within the capital facilities plan or would serve the goals and objec- tives of the capital facilities plan; b. Determined by the City, school dis- trict, or RRFA, as applicable, to be at suit- able sites and constructed at acceptable quality; c. Serve to offset impacts of the fee- payer’s development activity; and d. If for a transportation impact fee, are for one or more of the projects listed in the Rate Study as the basis for the calcu- lation. 2. Authority and Process: a. The Administrator, school district, or RRFA, as applicable, shall determine if requests for credits meet the criteria in subsection J1 of this Section or other ap- plicable law. The determinations shall be in writing, and any determination by the Administrator shall be subject to the ap- peals procedure set forth in subsection L of this Section. b. For each request for a credit or cred- its for transportation or parks, the Admin- istrator shall select an appraiser or, in the alternative, the feepayer may select an independent appraiser acceptable to the Administrator. c. For each request for a credit or cred- its for school or fire impact fees, the Ad- ministrator shall defer to the applicable school district or RRFA for selection of an appraiser from a list of independent ap- praisers to determine for the school dis- trict the value of the dedicated land, improvements, or construction provided by the developer on a case-by-case ba- sis. d. Unless approved otherwise, the ap- praiser must be a member of the Ameri- can Institute of Appraisers and be licensed in good standing pursuant to chapter 18.40 RCW et seq. in the cate- gory for the property or improvement to be appraised, and shall not have a fidu- ciary or personal interest in the property being appraised. e. The Administrator, school district, or RRFA, as applicable, will accept or reject the appraisal, and any decision by the Administrator may be subject to indepen- dent review by the Hearing Examiner. f. The feepayer shall pay the actual costs for the appraisal and an indepen- dent review, if required, unless the Ad- ministrator, school district, or RRFA, as applicable, determines that payment for 4-1-190K (Revised 5/18)1 - 34 independent review should not be at the feepayer’s expense. g. After considering the appraisal and the review, the Administrator, school dis- trict superintendent, or RRFA official, as applicable, shall provide the applicant with a written determination setting forth the dollar amount of any credit, the rea- son for the credit, the legal description of the real property dedicated where appli- cable, and the legal description or other adequate description of the project or de- velopment to which the credit may be ap- plied. The feepayer must sign and date a duplicate copy of such determination ac- cepting the terms of the letter or certifi- cate, and return such signed document to the Administrator before the impact fee credit will be awarded. The failure of the feepayer to sign, date, and return such document within sixty (60) calendar days of the date of the determination shall nul- lify the credit. h. No credit shall be given for project improvements. 3. School and Fire Impact Fees Respon- sibility: Any credit for school or fire impact fees shall be the responsibility of the respec- tive school district or RRFA, and shall be in- dependent of the fees collected by the City. The burden of establishing such credit shall be on the party seeking the credit. When es- tablished as a condition of development ap- proval or pursuant to the terms of a voluntary mitigation agreement, the feepayer shall re- ceive a credit from the appropriate school dis- trict or RRFA. The fee amount due on the development activity shall be reduced by the amount of the credit. Proof shall include such things as a receipt or cancelled check. 4. Past Tax Payments: A feepayer may re- quest a credit or credits for impact fees previ- ously awarded for past tax payments. For each request for a credit or credits for past tax payments for transportation impact fees, the feepayer shall submit receipts and a calcula- tion of past tax payments earmarked for or prorated according to the particular system improvement for which credit is requested. The Administrator, school district, or RRFA, as applicable, shall determine the amount of credits, if any, for past tax payments for sys- tem improvements. 5. Appeals: The Administrator’s determi- nations pursuant to this Section shall be sub- ject to the appeals procedures set forth in subsection L of this Section. K. ADJUSTMENTS FOR FUTURE TAX PAYMENTS AND OTHER REVENUE SOURCES: Pursuant to and consistent with the requirements of RCW 82.02.060 the Rate Studies have pro- vided adjustments for future taxes to be paid by the development activity which are earmarked or prorated according to the same new public facili- ties which will serve the new development. The impact fees in the City of Renton Fee Schedule have been reasonably adjusted for taxes and other revenue sources which are anticipated to be available to fund public improvements. L. APPEALS: 1. Transportation and Parks Impact Fees: The Administrator’s determinations with respect to the applicability of the impact fees to a given development activity, the availability or value of a credit, the Adminis- trator’s decision concerning the independent fee calculation which is authorized in subsec- tion H of this Section or any other Administra- tor’s determination pursuant to this Section may be appealed by the feepayer pursuant to the provisions of RMC 4-8-110E. 2. (Repealed by Ord. 5865, 11-13-2017). 3. Payment under Protest: During the pendency of an appeal, the feepayer may pay the subject fee under protest to avoid delays in the issuance of building permits or change of use permits. 4. Process and School District or RRFA Representation: Appeals to the Hearing Ex- aminer shall be taken in accord with the pro- cesses set forth in RMC 4-8-110E. When an interlocal agreement between the City and the respective school district or RRFA pro- vides for an appeal to the Hearing Examiner of school or fire impact fees, and when there is such an appeal, the respective school dis- trict or the RRFA shall provide staffing and le- gal assistance for such an appeal consistent 4-1-190N 1 - 34.1 (Revised 5/18) with the applicable interlocal agreement be- tween the City and the respective school dis- trict or RRFA. 5. Authority: The Hearing Examiner is au- thorized to make findings of fact regarding the applicability of the impact fees to a given de- velopment activity, the availability or amount of the credit, or the accuracy or applicability of an independent fee calculation. There is a presumption of validity of the Administrator’s, school district’s, and/or RRFA’s determina- tion. The feepayer has the burden of proof during any appeal of the Administrator’s, school district’s, and/or RRFA’s determina- tion or decision. 6. Decisions: The Hearing Examiner may, so long as such action is in conformance with the provisions of this Section, reverse, affirm, modify or remand, in whole or in part, the Ad- ministrator’s, school district’s, and/or RRFA’s determinations with respect to the amount of the impact fees imposed or the credit awarded. M. ESTABLISHMENT OF IMPACT FEE ACCOUNTS: 1. Fee Accounts: The City shall establish the following separate impact fee accounts for the impact fees collected pursuant to this Section: Transportation, Parks, Renton Re- gional Fire Authority, Issaquah School Dis- trict, Kent School District, and Renton School District. Funds withdrawn from the accounts must be used in accordance with the provi- sions of this Section and applicable State law. Interest earned on the fees shall be retained in the accounts and expended for the pur- poses for which the impact fees were col- lected. Impact fee receipts shall be earmarked specifically and deposited in the appropriate interest-bearing impact fee ac- counts. 2. Transfer to School Districts and RRFA: a. Transfer to School Districts: For each school district account, when suffi- cient funds have accumulated to make transfer of those funds to the appropriate school district advisable, the Administra- tive Services Department shall make such transfer. Such funds shall be trans- ferred not less than quarterly, if the bal- ance in the fund is more than five thousand dollars ($5,000.00). b. Transfer to RRFA: The Administra- tive Services Department shall make transfer to the RRFA from the Renton Re- gional Fire Authority account such funds as are required by the applicable interlo- cal agreement between the City and RRFA. The timing of such transfers shall be as specified in the interlocal agree- ment. c. Accounting: Annually, the City shall provide accounting records to each school district and the RRFA and each school district and the RRFA shall pre- pare a report on impact fees showing the source and amount of all monies col- lected, earned or received, and capital or system improvements that were financed in whole or in part by impact fees. 3. School Fees Encumbered: School im- pact fees shall be expended or encumbered within six (6) years of receipt, unless the Council identifies in written findings extraordi- nary and compelling reason or reasons for a school district to hold the fees beyond the six (6) year period. A school district may petition the Council for an extension of the six (6) year period and that school district must set forth any such extraordinary or compelling reason or reasons in its petition. Where the Council identifies the reason or reasons in written findings, the Council shall establish the pe- riod of time within which the school impact fees shall be expended or encumbered, after consultation with the petitioning school dis- trict. 4. Transportation, Parks, and Fire Fees Encumbered: Transportation, parks, and fire impact fees shall be expended or encum- bered within ten (10) years of receipt, unless the Council or RRFA identifies in written find- ings extraordinary and compelling reasons for the City or RRFA to hold the fees beyond the ten (10) year period, pursuant to RCW 82.02.070(3). N. ADMINISTRATIVE GUIDELINES: The Administrator is authorized to adopt internal guidelines for the administration of impact fees, which may include the adoption of procedural 4-1-190O (Revised 5/18)1 - 34.2 rules to clarify or further the procedural rules set forth in this Section. O. REFUNDS AND OFFSETS: 1. Failure to Expend or Encumber: If there is a failure by the City, school district, or RRFA to expend or encumber the respective impact fees unless extraordinary or compel- ling reasons are established pursuant to sub- section M of this Section the current owner of the property on which impact fees have been paid may receive a refund of such fees. In de- termining whether impact fees have been ex- pended or encumbered, impact fees shall be considered expended or encumbered on a first in, first out basis. Potential claimants shall be notified by first-class mail deposited with the United States Postal Service at the last known address of such claimants. A po- tential claimant must be the current owner of record of the real property against which the impact fees were assessed. The City shall notify potential transportation or parks impact fee claimants, the applicable school district is responsible for notifying potential school im- pact fee claimants, and the RRFA is respon- sible for notifying potential fire impact fee claimants. a. Transportation and parks impact fees are eligible for a refund if they have not been expended or encumbered by the City within ten (10) years of the date the fees were paid. b. Fire impact fees are eligible for a re- fund if they have not been expended or encumbered by the RRFA within ten (10) years of the date the fees were paid. c. School impact fees are eligible for a refund if they have not been expended or encumbered by the applicable school district within six (6) years of receipt of the funds by the City. 2. Timing of Request: Owners seeking a refund of impact fees must submit a written request for a refund of the fees to the Admin- istrator, school district, or RRFA, as applica- ble, within one year of the date the right to claim the refund arises or the date that notice is given, whichever is later. 3. Fees Not Refunded: Any impact fees for which no application for a refund has been made within this one-year period shall be re- tained by the City, school district, or RRFA, as applicable, and expended on the system im- provements for which they were collected. 4. Interest Earned: Refunds of impact fees under this subsection shall include any inter- est earned on the impact fees by the City, school district, or RRFA, as applicable. 5. Termination of Program: When the City seeks to terminate any or all components of the impact fee program, all unexpended or unencumbered funds from any terminated component or components, including interest earned and including any school or fire im- pact fees held by the City, shall be refunded pursuant to this Section. Upon the finding that any or all fee requirements are to be termi- nated, the City shall place notice of such ter- mination and the availability of refunds in a newspaper of general circulation at least two (2) times and shall notify all potential claim- ants by first-class mail at the last known ad- dress of the claimants. All funds available for refund shall be retained for a period of one year. At the end of one year, any remaining funds shall be retained by the City, but must be expended for the public facilities for which the impact fees were collected. This notice requirement shall not apply if there are no un- expended or unencumbered balances within the account or accounts being terminated. 6. Refunds and Offsets for Development Not Constructed: The City shall also refund to the current owner of property for which im- pact fees have been paid all impact fees paid, including interest earned on the impact fees, if the development activity for which the im- pact fees were imposed did not occur; pro- vided, however, that, if the City has expended or encumbered the impact fees in good faith prior to the application for a refund, the Ad- ministrator may decline to provide the refund. If, within a period of three (3) years, the same or subsequent owner of the property pro- ceeds with the same or substantially similar development activity, the owner can petition the Administrator for an offset in the amount of the fee originally paid and not refunded. The petitioner must provide receipts of im- pact fees previously paid for a development activity of the same or substantially similar 4-1-190Q 1 - 34.3 (Revised 5/18) nature on the same real property or some portion thereof. The Administrator’s determi- nations shall be in writing and shall be subject to the appeals procedures set forth in subsec- tion L of this Section. P. USE OF IMPACT FEES: 1. Pursuant to this Section, impact fees: a. Shall be used for system improve- ments that will reasonably benefit the new development activity; b. Shall not be imposed to make up for deficiencies in public facilities; and c. Shall not be used for maintenance or operation. 2. Transportation, parks, and fire impact fees: a. May be spent for system improve- ments to public streets and roads, public parks, open space and recreation facili- ties and fire protection facilities as herein defined and, including, but not limited to, planning, land acquisition, right-of-way acquisition, site improvements, neces- sary off-site improvements, construction, engineering, architectural, permitting, fi- nancing, and administrative expenses, applicable impact fees or mitigation costs, and any other expenses which can be capitalized. b. May also be used to recoup system improvement costs previously incurred by the City or the RRFA to the extent that new growth and development will be served by the previously constructed im- provements or incurred costs. 3. School impact fees: may be expended by the respective school districts for capital improvements including but not limited to school planning; land acquisition; site im- provements; necessary off-site improve- ments; construction, engineering, architectural, permitting, financing, and ad- ministrative expenses; relocatable facilities, capital equipment pertaining to educational facilities; and any other expenses which could be capitalized, and which are consis- tent with the respective school district’s capi- tal facilities plan. 4. Debt Service: In the event that bonds or similar debt instruments are or have been is- sued for the advanced provision of system improvements for which impact fees may be expended, such impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facili- ties or improvements provided are consistent with the requirements of this Section. Q. REVIEW AND ADJUSTMENT OF RATES: 1. Transportation and Parks Impact Fees: a. The fees and rates set forth in the Rate Study may be reviewed and ad- justed by the Council as it deems neces- sary and appropriate in conjunction with the budget process so that adjustments, if any, will be effective at the first of the calendar year subsequent to budget pe- riod under review. b. As part of the budget adoption pro- cess, the fees shall be adjusted by the same percentage change as in the most recent annual change of the Construction Cost Index published in the Engineering News Record. 2. School and Fire Impact Fees: a. The school and fire impact fee schedule established in this Section shall be reviewed and updated by the Council on an annual basis after the Council re- ceives the school district’s or the RRFA’s plan and data required under subsection J of this Section. The review may occur in conjunction with the update of the capital facilities element of the City’s Compre- hensive Plan. b. Unless modified by an applicable in- terlocal agreement, on an annual basis, each school district and the RRFA shall submit to the City an update of the school district’s or the RRFA’s capital facilities plan, any applicable rate studies, and a report on the impact fee account, show- ing the source and amount of all monies 4-1-190R (Revised 5/18)1 - 34.4 collected, earned, or received, and the public improvements that were financed in whole or in part by impact fees. R. ADMINISTRATIVE FEES: 1. Deferred Fees: Each application for a deferral of payment of residential impact fees, either under subsection G7 or 8 of this Section, shall pay a nonrefundable adminis- trative deferral fee of eighty five dollars ($85.00) for each lot, single detached dwell- ing unit, or condominium unit and eighty five dollars ($85.00) for each multi-family residen- tial building. The fee shall be paid at the time the application for deferral is submitted to the City. 2. Independent Fee Calculations: Any feepayer submitting an independent fee cal- culation shall pay a fee to cover the cost of re- viewing the independent fee calculation. The fee shall be five hundred dollars ($500.00), unless otherwise established by the Adminis- trator, school district, or the RRFA, and shall be paid by the feepayer at submittal of the in- dependent fee calculation. 3. Appeals: Any feepayer filing an appeal of impact fees shall pay the fee set by the City for appeals of administrative interpretations and decision. The appeal fee shall be paid at the time of filing of the appeal. 4. Account Established: Administrative fees shall be deposited into a separate ad- ministrative fee account within the impact fee account(s). Administrative fees shall be used to defray the actual costs associated with the assessment, collection, administration and update of the impact fees. 5. Refunds, Waivers, and Credits: Admin- istrative fees shall not be refundable, shall not be waived, and shall not be credited against the impact fees. S. EXISTING AUTHORITY UNIMPAIRED: Nothing in this Section shall preclude the City from requiring the feepayer or the proponent of a development activity to mitigate adverse environ- mental impacts of a specific development pursu- ant to SEPA, chapter 43.21C RCW, based on the environmental documents accompanying the un- derlying development approval process, and/or chapter 58.17 RCW, governing plats and subdivi- sions. Compliance with this Section and/or pay- ment of fees under this Section shall not constitute evidence of a determination of trans- portation concurrency. (Ord. 5670, 10-8-2012; Ord. 5794, 4-25-2016; Ord. 5865, 11-13-2017) 4-1-200 EXTRA FEES: Whenever any application is to be handled under the terms of any portion of the City’s land use codes, adopted codes, or the International Build- ing Code, and that application is so large, compli- cated or technically complex that it cannot be handled with existing City staff, then an additional fee can be charged which is equivalent to the ex- tra costs incurred by the City of Renton to pay: A. Overtime costs, B. The pro rata costs of additional employees necessary to handle the application, C. The costs expended to retain the qualified consultants to handle the project, and D. Any general administrative costs when di- rectly attributable to the project. Such fees shall be charged only to the extent in- curred beyond that normally incurred for process- ing an application. (Ord. 4596, 4-8-1996) When the application or development plans are modified so as to require additional review by the City beyond the review normally required for like projects, at the discretion of the Community and Economic Development Administrator, an addi- tional fee may be charged at seventy five dollars ($75.00) per hour. (Ord. 4491, 12-19-1994, Amd. Ord. 4560, 11-13-1995, Ord. 4613, 6-17-1996; Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012) 4-1-210 WAIVED FEES: A. GENERAL: The Renton City Council shall, upon stating an equitable or legal reason for waiver, have the au- thority to waive any and all fees authorized under this Chapter of Title 4. (Ord. 5153, 9-26-2005) 4-1-210B 1 - 34.5 (Revised 5/18) B. OWNER-OCCUPIED HOUSING INCENTIVE: 1. Purpose: To encourage owner-occupied housing in the CD, CV, R-14, and RMF Zones that are also located within either the Down- town or Sunset Area, as represented in the official map of the Eligible Areas for Multi- Family Housing Incentives, by waiving cer- tain development and mitigation fees for “For Sale” housing, subject to City Council ap- proval. 2. Map of the Eligible Areas for Multi- Family Housing Incentives: The Office of the City Clerk shall maintain a copy of the El- igible Areas for Multi-Family Housing Incen- tives Map (“Map”). The boundaries of the various districts shall be shown on the Map and are hereby made part of this Section, which shall be read and interpreted in light of the contents of the Map. 3. Eligibility Criteria: To qualify for waived fees, projects shall consist of new construc- tion with all of the housing units platted or condominium “For Sale” housing, and either: a. The project will be a minimum of ten (10) units if in the R-14 Zone and within the Downtown, or a minimum ten (10) dwelling units and in the RMF or R-14 Zone and within the Sunset Area; or b. The project will be a minimum of thirty (30) dwelling units if in the CD Zone and within the Downtown, or a minimum of thirty (30) dwelling units if in the CV Zone and within the Sunset Area. 4. Applicable Fees: Fees which may be waived are: a. Building permit fees; b. Building permit plan review fees; c. Water, surface water, and wastewa- ter system development charges; d. Public Works plan review and in- spection fees; and e. Fire, transportation, and parks im- pact mitigation fees. 5. Application Process: Persons who in- tend to apply for the owner-occupied housing incentive fee waivers must disclose their in- tent to apply for waived fees prior to the con- clusion of the administrative site plan development review period. The application for waived fees must be made to the Commu- nity and Economic Development Administra- tor (or any other City office, department or agency that shall succeed to its functions with respect to this Section) at the time of the land use application, unless otherwise approved by City Council. 6. Restrictive Covenant: All residential units which obtain a successful fee waiver must contain a restrictive covenant indicating that the units will be platted or will be re- stricted to condominium housing. After re- view and approval of the waiver by the City Council and the review and approval of the restrictive covenant by the Community and Economic Development Administrator, the restrictive covenant must be executed and recorded at the applicant’s expense prior to the issuance of the building permit for the project, unless otherwise approved by City Council. Failure to timely execute and record the covenant will result in the applicant being responsible for any and all applicable fees and interest accrued as a result of the delay. 7. Cancellation of Covenant: After the ap- plication has been approved and/or the re- strictive covenant is recorded, if the type of housing to be offered is altered from owner- occupied “For Sale” new housing, all applica- ble fees must be paid with interest. 8. Effective Date and Sunset: These fee waivers are effective for building permits is- sued after August 13, 2001, and will sunset at the close of business on December 31, 2018, unless extended by City Council action. (Ord. 4913, 8-27-2001; Amd. Ord. 5095, (Revised 5/18)1 - 34.6 This page left intentionally blank. 4-1-210C 1 - 35 (Revised 2/16) 9-13-2004; Ord. 5153, 9-26-2005; Ord. 5309, 10-8-2007; Ord. 5524, 2-1-2010; Ord. 5668, 8-20-2012; Ord. 5676, 12-3-2012; Ord. 5760, 6-22-2015; Ord. 5782, 12-7-2015) C. RENTAL HOUSING INCENTIVE: 1. Purpose: To encourage new rental housing in the CV, RMF, and R-14 Zones within the Sunset Area, certain development and mitigation fees for rental housing may be waived for eligible projects, subject to City Council approval. 2. Definitions: In construing the provisions of this subsection, the following definitions shall be applied: a. “Affordable housing” means residen- tial housing that is rented by a low- income household whose monthly hous- ing costs, including rent and utilities other than telephone, do not exceed thirty per- cent (30%) of the household’s monthly in- come. However, if the multi-family housing project is funded with federal low-income housing tax credits (LIHTC) as provided for in Section 42 of the Inter- nal Revenue Code, a unit will be consid- ered affordable housing if it is rented at or below the rental rate for a household at sixty percent (60%) of the King County median income under the LIHTC pro- gram rules with a deduction for utility costs, if applicable. The King County LIHTC rents are published annually by the Washington State Housing Finance Commission and are based on unit size assuming occupancy of one (1) person for a studio unit and one and one-half (1.5) persons per bedroom. b. “Household” means a single person, family, or unrelated persons living to- gether. c. “Low-income household” means a single person, family, or unrelated per- sons living together whose adjusted in- come is at or below sixty percent (60%) of the median income. d. “Median income” means the median family income adjusted for family size for King County, as reported by the United States Department of Housing and Urban Development (HUD). In the event that HUD no longer publishes median income figures for King County, the City may use or determine such other method as it may choose to determine the King County median income, adjusted for household size. e. “Multi-family housing” means one or more new buildings designed for rental housing, each with four (4) or more dwell- ing units. f. “Rental housing” means multi-family housing that provides rental accommo- dation on a nontransient basis. This defi- nition includes rental accommodation that is leased for a period of at least one month but excludes, for example, hotels and motels that predominantly offer rental accommodation on a daily or weekly basis. 3. Eligibility Criteria: To qualify for waived fees, projects must meet the following crite- ria: a. The multi-family housing project is new construction rental housing; and b. The project will be a minimum of eight (8) units if in the RMF or R-14 Zone and within the Sunset Area; or c. The project will be a minimum of thirty (30) units if in the CV Zone within the Sunset Area. 4. Fees: a. Fees which may be waived: i. Building permit fees; ii. Building permit plan review fees; iii. Water, surface water, and waste- water system development charges; iv. Public Works plan review and in- spection fees; and v. Fire, transportation, and parks impact mitigation fees. 4-1-220A (Revised 2/16)1 - 36 b. Portion of fees which may be waived: i. One hundred percent (100%) of the above fees may be waived for el- igible rental housing projects with at least fifty percent (50%) of the units set aside as affordable housing; or ii. Fifty percent (50%) of the above fees may be waived for eligible mar- ket-rate rental housing projects. 5. Application Process: Persons who in- tend to apply for the rental housing incentive fee waivers must disclose their intent to apply for waived fees prior to or by the administra- tive site plan development review period. The application for waived fees must be made to the Community and Economic Development Administrator (or any other City office, depart- ment or agency that shall succeed to its func- tions with respect to this Section) at the time of the land use application, unless otherwise approved by City Council. 6. Restrictive Covenant: All projects which obtain a fee waiver as affordable hous- ing under subsection C4bi of this Section must contain a restrictive covenant indicating that at least fifty percent (50%) of the units will be set aside and rented as affordable hous- ing. After review and approval of the waiver by the City Council and the review and ap- proval of the restrictive covenant by the Com- munity and Economic Development Administrator, the restrictive covenant must be executed and recorded at the applicant’s expense prior to the issuance of the building permit for the project, unless otherwise ap- proved by City Council. Failure to timely exe- cute and record the covenant will result in the applicant being responsible for any and all applicable fees and interest accrued as a re- sult of the delay. 7. Cancellation or Modification: If the project fails to meet the requirements of this subsection C, all applicable fees must be paid with interest. After the application has been approved and/or the restrictive covenant is recorded, the project may not be modified to owner-occupied “For Sale” housing without the advance approval of the City Council. 8. Effective Date and Sunset: These fee waivers are effective for building permits is- sued after September 5, 2011, and will sunset at the close of business on December 31, 2018, unless extended by City Council ac- tion. (Ord. 5617, 8-1-2011; Ord. 5668, 8-20-2012; Ord. 5676, 12-3-2012; Ord. 5750, 1-26-2015; Ord. 5760, 6-22-2015; Ord. 5782, 12-7-2015) 4-1-220 PROPERTY TAX EXEMPTION FOR MULTI-FAMILY HOUSING IN RESIDENTIAL TARGETED AREAS: A. PURPOSE: As provided for in chapter 84.14 RCW, the pur- pose of this Section is to provide limited, eight (8), ten (10), or twelve (12) year exemptions from ad valorem property taxation for qualified new multi- family housing located in designated residential targeted areas. B. DEFINITIONS: In construing the provisions of this Section, the following definitions shall be applied: 1. “Administrator” means the Department of Community and Economic Development Ad- ministrator, or any other City office, depart- ment or agency that shall succeed to its functions with respect to this Section. 2. “Affordable housing” means residential housing that is rented by a low-income household whose monthly housing costs, in- cluding rent and utilities other than telephone, do not exceed thirty percent (30%) of the household’s monthly income. For the pur- poses of housing intended for owner occu- pancy, “affordable housing” means residential housing that is within the means of and purchased by low- or moderate-income households. 3. “Downtown” refers to a geographical area depicted in the Eligible Areas for Multi- Family Housing Incentives Map (“Map”), which shall be maintained in the Office of the City Clerk. The boundaries of the Downtown shown on the Map are hereby made part of this Section, which shall be read and inter- preted in light of the contents of the Map. 4. “Household” means a single person, family, or unrelated persons living together. 4-1-220C 1 - 36.1 (Revised 9/15) 5. “Low-income household” means a single person, family, or unrelated persons living to- gether whose adjusted income is at or below eighty percent (80%) of the median income, as further defined in subsection C1bii(a) of this Section. 6. “Median income” means the median fam- ily income adjusted for family size for King County, as reported by the United States De- partment of Housing and Urban Development (HUD). In the event that HUD no longer pub- lishes median income figures for King County, the City may use or determine such other method as it may choose to determine the King County median income, adjusted for household size. 7. “Mixed-use” means a multi-family hous- ing residential project with at least one other nonresidential use in one or more multi-family housing buildings in the project, such as re- tail, office, entertainment, schools, confer- ence centers or a use approved in writing by the (CED) Administrator. The purpose of the mixed-use requirement is to implement the intent of the land use district, maximize the ef- ficient use of land, support transit use, and encourage the development of well-bal- anced, attractive, convenient, and vibrant ur- ban residential neighborhoods. The additional use excludes any accessory func- tions related to the residential use. Unless otherwise modified or waived in writing by the Administrator, the nonresidential mixed-use shall occupy at a minimum the ground floor along the street frontage with a depth of at least thirty feet (30') for any building in the project. 8. “Moderate-income household” means a single person, family, or unrelated persons living together whose adjusted income is at or below one hundred twenty percent (120%) of the median income, as further defined in sub- section C1bii(b) of this Section. 9. “Multi-family housing” means one or more new buildings designed for permanent residential occupancy, each with four (4) or more dwelling units. 10. “Permanent residential occupancy” means multi-family housing that provides ei- ther owner occupancy, or rental accommoda- tion that is leased for a period of at least one month but excluding transient rental accom- modations that predominantly offer accom- modation on a daily or weekly basis, for example, hotels and motels. 11. “Sunset Area” refers to a geographical area depicted in the Eligible Areas for Multi- Family Housing Incentives Map (“Map”), as it exists or may be amended, which shall be maintained in the Office of the City Clerk. The boundaries of the Sunset Area shown on the Map are hereby made part of this Section, which shall be read and interpreted in light of the contents of the Map. (Ord. 5760, 6-22- 2015) C. TAX EXEMPTION: 1. Duration of Exemption: The value of improvements qualifying under RMC 4-1-220D is exempt from ad valorem property taxation as follows: a. For properties for which applications are submitted before July 22, 2007, the value is exempt for ten (10) successive years beginning January 1st of the year immediately following the calendar year of issuance of the final certificate of tax exemption. b. For properties for which applications are submitted on or after July 22, 2007, the value is exempt: i. For eight (8) successive years beginning January 1st of the year im- mediately following the calendar year of issuance of the final certificate of tax exemption; or ii. For twelve (12) successive years beginning January 1st of the year im- mediately following the calendar year of issuance of the final certificate of tax exemption, if the property other- wise qualifies for the exemption and the applicant/owner rents or sells at least twenty percent (20%) of the multi-family housing units as afford- able housing to low and moderate in- come households as further defined in subsections (C)(1)(b)(ii)(a) and (C)(1)(b)(ii)(b) of this Section. 4-1-220D (Revised 9/15)1 - 36.2 (a) For rental projects, at least twenty percent (20%) of the multi-family housing units in the project must be rented through- out the duration of the twelve (12) year exemption period as af- fordable housing to low-income households at eighty percent (80%) or less of median income. (b) For ownership projects, at least twenty percent (20%) of the multi-family housing units in the project must be sold as afford- able housing to low or moderate income households at one hun- dred twenty percent (120%) or less of median income. c. The owner may use any combination of studio, one (1) bedroom, two (2) bed- room, and/or three (3) bedroom units to comply with the minimum twenty percent (20%) requirement in subsections (C)(1)(b)(ii)(a) and (C)(1)(b)(ii)(b) of this Section. d. If, in calculating the minimum twenty percent (20%) of the multi-family housing units in the project for affordable housing in subsection (C)(1)(b)(ii) of this Section, the number contains a fraction, then the minimum number of multi-family housing units for affordable housing shall be rounded up to the next whole number. e. When the project includes more than one building with multi-family housing units, all of the affordable housing units required in subsection (C)(1)(b)(ii) of this Section may not be located in the same building. 2. Limits on Exemption: The exemption does not apply to the value of land or to the value of nonhousing-related improvements not qualifying under RMC 4-1-220D, nor does the exemption apply to increases in assessed valuation of land and nonqualifying improve- ments. This Section also does not apply to in- creases in assessed valuation made by the County Assessor on nonqualifying portions of building and value of land, nor to increases made by lawful order of a County Board of Equalization, the Department of Revenue, or a county, to a class of property throughout the county or specific area of the county to achieve the uniformity of assessment or ap- praisal required by law. D. PROJECT ELIGIBILITY: To qualify for exemption from property taxation under this Section, the project must satisfy all of the following requirements: 1. Location: The property must be located in one of the designated “residential targeted areas” listed below in subsection D1a or D1b of this Section which are targeted for low-in- come housing serving households at or be- low eighty percent (80%) of the median income. If a part of any legal lot is within a res- idential targeted area, then the entire lot shall be deemed to lie within the residential tar- geted area. a. Sunset Area: Within the Sunset Area and in the Center Village (CV), Res- idential Multi-Family (RMF), or the Resi- dential-14 (R-14) Zone; or b. Downtown: In the Downtown and within the Center Downtown (CD) Zone or Residential-14 Zone (R-14). 2. Size and Structure: a. If the project is located in the Down- town and within the Residential-14 (R-14) Zone, or within the Sunset Area and in ei- ther the Residential Multi-Family (RMF) Zone or the Residential-14 (R-14) Zone, the project must (i) consist of a minimum total of ten (10) new dwelling units of multi-family housing, and (ii) be located within a new residential structure(s) or a new mixed-use development as allowed by the RMC for the specific zone. At least fifty percent (50%) of the space within the project shall be intended for permanent residential occupancy. b. If the project is located in the Down- town and the Center Downtown (CD) Zone, or is within the Sunset Area and in the Center Village (CV) Zone, the project must (i) consist of a minimum total of thirty (30) new dwelling units of multi- family housing and (ii) be located in a new mixed-use development, unless oth- erwise waived by the Administrator. If the Administrator waives the mixed-use de- 4-1-220E 1 - 36.3 (Revised 9/15) velopment requirement, the multi-family housing must be located in a new resi- dential structure(s). At least fifty percent (50%) of the space within the project shall be intended for permanent residential oc- cupancy. 3. Exception for Existing Residential Structure: In the case of an existing oc- cupied residential structure that is pro- posed for demolition and redevelopment as new multi-family housing, the project must provide as a minimum number of dwelling units in the new multi-family housing project, the greater of: a. Replace the existing number of dwelling units and, unless the exist- ing residential rental structure was vacant for twelve (12) months or more prior to demolition, provide for a minimum of four (4) additional dwell- ing units in the new multi-family housing project; or b. Provide the number of dwelling units otherwise required in subsec- tion (D)(2) of this Section. 4. Completion Deadline: The project must be completed within three (3) years from the date of approval of the contract by the City Council as provided in RMC 4-1-220F2 or by any extended deadline granted by the Administrator as provided in RMC 4-1-220I. (Ord. 5760, 6-22-2015) E. APPLICATION PROCEDURE: 1. Form: The owner of property applying for exemption under this Section shall submit an application to the Administrator on a form es- tablished by the Administrator. The owner shall verify the correctness of the information contained in the application by his/her signa- ture and affirmation made under penalty of perjury under the laws of the State of Wash- ington. The application shall contain such in- (Revised 9/15)1 - 36.4 This page left intentionally blank. 4-1-220H 1 - 37 (Revised 6/09) formation as the Administrator may deem necessary or useful, which at a minimum shall include: a. A completed City application form, including information setting forth the grounds for tax exemption and whether the owner elects to rent or sell at least twenty percent (20%) of the multi-family housing units as affordable housing to low- and moderate-income households to qualify for the twelve (12) year exemp- tion defined in subsection (C)(1)(b)(ii) of this Section; b. A brief written description of the project, and schematic site and floor plans of the multi-family dwelling units and the structure(s) in which they are proposed to be located; c. Floor and site plans of the proposed project, which plans may be revised by the owner provided such revisions are made and presented to the Administrator prior to the City’s final action on the ex- emption application; d. A statement from the owner acknowl- edging the potential tax liability when the property ceases to be eligible for exemp- tion under this Section. 2. Fee: At the time of initial application un- der this Section, the owner shall pay to the City an initial application fee of one thousand dollars ($1,000.00). 3. Deadline: The application shall be sub- mitted prior to the issuance of the building per- mit for the project, unless otherwise approved by the Council. The Administrator shall ap- prove or deny an exemption application within ninety (90) days of receipt of a complete ap- plication. (Ord. 5427, 11-17-2008) F. APPLICATION APPROVAL: 1. Approval: The Administrator may ap- prove an application if he or she finds that: a. The owner has complied with all of the requirements of this Section, includ- ing but not limited to the project eligibility requirements contained in RMC 4-1-220D and the application require- ments contained in RMC 4-1-220E; and b. The proposed project is, or will be at the time of completion, in conformance with all approved plans, and all applica- ble requirements of the Renton Municipal Code or other applicable requirements or regulations in effect at the time the appli- cation is approved. 2. Contract Required: If the application is approved, the owner shall enter into a con- tract with the City, approved by the City Coun- cil, regarding the terms and conditions of the project under this Section. 3. Issuance of Conditional Certificate: Following Council approval of the contract, the Administrator shall issue a conditional certificate of acceptance of tax exemption. The conditional certificate shall expire three (3) years from the date of Council approval of the contract unless an extension is granted as provided in RMC 4-1-220I. G. APPLICATION DENIAL: 1. Denial: The Administrator shall deny an application if the criteria in RMC 4-1-220F1 are not met. The Administrator shall state in writing the reasons for the denial and send notice of denial to the owner’s last known ad- dress within ten (10) days of the denial. 2. Appeal: An owner may appeal a denial of a tax exemption application to the City Council by filing a notice of appeal with the City Clerk within thirty (30) calendar days of receipt of notice of the denial. The appeal be- fore the City Council shall be based upon the record before the Administrator, and the Ad- ministrator’s decision will be upheld unless the owner can show that there is no substan- tial evidence on the record to support the Ad- ministrator’s decision. The City Council’s decision on appeal is final. H. AMENDMENT OF CONTRACT: An owner may request an amendment(s) to the contract by submitting a request in writing to the Administrator, together with a fee of five hundred dollars ($500.00), at any time within three (3) years of the date of the approval of the contract as provided for in RMC 4-1-220G2. The date for ex- piration of the conditional certificate shall not be 4-1-220I (Revised 6/09)1 - 38/40 extended by contract amendment unless all the conditions for extension set forth in RMC 4-1-220I are met. I. EXTENSION OF CONDITIONAL CERTIFICATE: 1. Application: The conditional certificate may be extended by the Administrator for a period not to exceed twenty four (24) consec- utive months. The owner shall submit a writ- ten request stating the grounds for the extension together with a fee of two hundred fifty dollars ($250.00). 2. Approval: The Administrator may grant an extension if the Administrator finds that: a. The anticipated failure to complete construction within the required time pe- riod is due to circumstances beyond the control of the owner; b. The owner has been acting, and could reasonably be expected to con- tinue to act, in good faith and with due dil- igence; and 4-1-220J 1 - 41 (Revised 8/08) c. All the conditions of the original con- tract between the owner and the City will be satisfied upon completion of the project. 3. Denial – Appeal: If an extension is de- nied, the Administrator shall state in writing the reason for denial and shall send notice to the owner’s last known address within ten (10) calendar days of the denial. An owner may appeal the denial of an extension to the Hearing Examiner by filing a notice of appeal with the City Clerk within fourteen (14) calen- dar days after issuance of the notice of the denial. The appeal before the Hearing Exam- iner shall follow the provisions of RMC 4-8-110E. The owner may appeal the Hearing Examiner’s decision to the King County Su- perior Court according to the procedures con- tained in RCW 34.05.510 through 34.05.598, as provided in RCW 84.14.090(6), within thirty (30) days of notification by the City to the owner of the decision. J. FINAL CERTIFICATE: 1. Application: Upon completion of the construction as provided in the contract be- tween the owner and the City, and upon issu- ance of a temporary certificate of occupancy, or a permanent certificate of occupancy if no temporary certificate is issued, the owner may request a final certificate of tax exemp- tion. The owner shall pay a fee of one thou- sand dollars ($1,000.00) and file with the Administrator such information as the Admin- istrator may deem necessary or useful to evaluate eligibility for the final certificate, which shall at a minimum include: a. A statement of expenditures made with respect to each multi-family housing unit and the total expenditures made with respect to the entire property; b. A description of the completed work and a statement of qualification for the exemption; c. The total monthly rent or total sale amount of each multi-family housing unit rented or sold to date; d. The income of each renter house- hold to date at the time of initial occu- pancy and the income of each initial purchaser of owner-occupied multi-fam- ily housing units to date at the time of pur- chase; e. If applicable, a statement that the project meets the affordable housing re- quirements in subsection (C)(1)(b)(ii) of this Section, along with the number, type, and specific multi-family housing units rented or sold to date, as applicable, to meet the affordable housing require- ments; f. Any additional information requested by the City pursuant to meeting any re- porting requirements under Chapter 84.14 RCW; and g. A statement that the work was com- pleted within the required three (3) year period or any approved extension. 2. Determination: Within thirty (30) days of receipt of all materials required for a final cer- tificate, the Administrator shall determine whether the completed work is consistent with the contract between the City and owner, whether all or a portion of the completed work is qualified for exemption under this Section and, if so, which specific improvements sat- isfy the requirements of this Section. 3. Filing with County Assessor: For projects that comply with the requirements of RMC 4-1-220J1, the City shall file a final cer- tificate of tax exemption with the County As- sessor within ten (10) days of the expiration of the thirty (30) day period provided in the prior subsection. 4. Recording: The Administrator is autho- rized to cause to be recorded, at the owner’s expense, in the real property records of the King County Department of Records and Elections, the contract with the City required under RMC 4-1-220F2, as amended under RMC 4-1-220H, if applicable, and/or such other document(s) as will identify such terms and conditions of eligibility for exemption un- der this Section as the Administrator deems appropriate for recording. 5. Denial: The Administrator shall notify the owner in writing that the City will not file a final certificate if: (a) the Administrator determines that the project was not completed within the 4-1-220K (Revised 8/08)1 - 42 required three (3) year period or any ap- proved extension, or was not completed in accordance with the contract between the owner and the City and the requirements of this Section, or the owner’s property is other- wise not qualified for the limited exemption under this Section; or (b) the owner and Ad- ministrator cannot come to an agreement on the allocation of the value of the improve- ments allocated to the exempt portion of the project. 6. Appeal: The owner may appeal the Ad- ministrator’s decision to the Hearing Exam- iner by filing a notice of appeal with the City Clerk within fourteen (14) calendar days after issuance of the notice of the denial. The ap- peal before the Hearing Examiner shall follow the provisions for appeal contained in RMC 4-8-110E. The owner may appeal the Hearing Examiner’s decision to the King County Su- perior Court according to the procedures con- tained in RCW 34.05.510 through 34.05.598, as provided in RCW 84.14.090(6), within thirty (30) days of notification by the City to the owner of the decision. K. ANNUAL CERTIFICATION AND REPORT: Within thirty (30) days after the first anniversary of the date the City issued the final certificate of tax exemption and each year thereafter for the dura- tion of the tax exemption period, the property owner shall file an annual report with the Admin- istrator. Failure to submit the annual report may result in cancellation of the tax exemption. The certification shall contain such information as re- quired by Chapter 84.14 RCW and as the Admin- istrator may deem necessary or useful, and shall at a minimum include the following information: 1. A statement of occupancy and vacancy of the multi-family dwelling units during the twelve (12) months ending with the anniver- sary date; 2. A certification that the property has not changed use and, if applicable, that the prop- erty has been in compliance with the afford- able housing requirements as described in subsection (C)(1)(b)(ii) of this Section since the date the City issued the final certificate of tax exemption and that the project continues to be in compliance with the contract with the City and the requirements of this Section; 3. A description of any improvements or changes to the property made after the City issued the final certificate of tax exemption; 4. The total monthly rent of each multi-fam- ily housing unit rented or the total sale amount of each multi-family housing unit sold to an initial purchaser during the twelve (12) months ending with the anniversary date; 5. The income of each renter household at the time of initial occupancy and the income of each initial purchaser of owner-occupied multi-family housing units at the time of pur- chase during the twelve (12) months ending with the anniversary date; 6. If applicable, a breakdown of the number, type, and specific multi-family housing units rented or sold during the twelve (12) months ending with the anniversary date, as applica- ble, to meet the affordable housing require- ments in subsection (C)(1)(b)(ii) of this Section; and 7. Any additional information requested by the City pursuant to meeting any reporting re- quirements under Chapter 84.14 RCW. L. CANCELLATION OF TAX EXEMPTION: 1. Cancellation: If at any time the Adminis- trator determines that: (a) the property no longer complies with the terms of the contract or with the requirements of this Section; (b) the use of the property is changed or will be changed to a use that is other than residen- tial; (c) the project violates applicable zoning requirements, land use regulations or build- ing code requirements; or (d) the property for any reason no longer qualifies for the tax ex- emption, the tax exemption shall be canceled and additional taxes, interest and penalties imposed pursuant to State law. Upon deter- mining that a tax exemption shall be can- celed, the Administrator shall notify the property owner by certified mail, return re- ceipt requested. 2. Appeal: The property owner may appeal the determination by filing a notice of appeal with the City Clerk, within thirty (30) days after issuance of the decision by the Administrator, specifying the factual and legal basis for the appeal. The appeal before the Hearing Ex- 4-1-230C 1 - 43 (Revised 2/16) aminer shall follow the procedures set forth in RMC 4-8-110E. At the appeal hearing, all af- fected parties may be heard and all compe- tent evidence received. The Hearing Examiner shall affirm, modify, or repeal the decision to cancel the exemption based on the evidence received. The Hearing Exam- iner shall give substantial weight to the Ad- ministrator’s decision to cancel the exemption, and the burden of proof and the burden of overcoming the weight accorded to the Administrator’s decision shall be upon the appellant. An aggrieved party may appeal the Hearing Examiner’s decision to the King County Superior Court in accordance with the procedures in RCW 34.05.510 through 34.05.598, as provided in RCW 84.14.110(2), within thirty (30) days after issuance of the decision of the Hearing Examiner. 3. Change of Use: If the owner intends to convert the multi-family housing to another use, the owner must notify the Administrator and the County Assessor within sixty (60) days of the change in use. Upon such change in use, the tax exemption shall be canceled and additional taxes, interest and penalties imposed pursuant to State law. M. SUNSET OF EXEMPTION FOR APPLICATIONS FOR CONDITIONAL CERTIFICATES: The City shall not accept new applications for conditional certificates as provided in RMC 4-1-220E after the close of business on Decem- ber 31, 2018, unless extended by City Council ac- tion. The City shall process (1) pending complete applications for a conditional certificate submitted before the close of business on December 31, 2018, and (2) applications for an extension of the conditional certificate and/or a final certificate re- ceived after the close of business on December 31, 2018, as provided in subsections D through J of this Section. Subsections C and J through L of this Section shall continue to apply to all proper- ties that have been or are issued a final certificate of tax exemption under RMC 4-1-220 until expira- tion, termination or cancellation of the tax exemp- tion. Incomplete applications for conditional certifi- cates as of the close of business on December 31, 2018, shall be denied and/or returned to own- ers. (Ord. 5061, 12-22-2003; Ord. 5151, 8-1-2005; Ord. 5192, 1-23-2006; Ord. 5249, 12-11-2006; Ord. 5400, 7-14-2008; Ord. 5525, 2-1-2010; Ord. 5669, 8-20-2012; Ord. 5760, 6-22- 2015; Ord. 5781, 12-7-2015) 4-1-230 SURETIES AND BONDS: A. CITY APPROVAL REQUIRED: All sureties posted with the City shall be approved as to form by the City Attorney and approved by the appropriate Administrator as to amount and adequacy. Sureties for public works construction permits and future public works street/utility main- tenance requirements shall be approved by the Public Works Administrator and all other sureties shall be approved by the Community and Eco- nomic Development Administrator. The City’s de- cision as to the acceptability of the security shall be conclusive. (Ord. 5676, 12-3-2012) B. TYPES OF SECURITY ACCEPTED FOR PUBLIC WORKS CONSTRUCTION PERMITS AND FUTURE PUBLIC WORKS STREET/UTILITY MAINTENANCE REQUIREMENTS: In order to ensure protection of City-owned facili- ties and ensure completion of required improve- ments to City standards, the City requires one of the following types of security in consideration of issuance of a public works construction permit: 1. Cash; 2. Letter of credit; 3. Set aside letter; provided, that the funds cannot be withdrawn, spent, or committed to any third party; 4. Savings account assigned to the City and blocked as to withdrawal by the secured party without the City’s approval; or 5. Performance or maintenance bond. C. TYPES OF SECURITY ACCEPTED FOR ALL OTHER PURPOSES: The following security devices are acceptable for the purposes of deferral requests, occupancy permit requests in advance of installation of re- quired landscaping or other improvements, criti- cal areas mitigation performance, and critical areas monitoring/maintenance: 1. Cash; 4-1-230D (Revised 2/16)1 - 44 2. Letter of credit; 3. Set aside letter; provided, that the funds cannot be withdrawn, spent, or committed to any third party; or 4. Savings account assigned to the City and blocked as to withdrawal by the secured party without the City’s approval. D. SECURITY REQUIREMENTS: 1. Payable to City: Any security device must be payable to the City upon demand by the City and not conditioned upon approval or other process involving the applicant. 2. Security Requirement Binding: The re- quirement of the posting of any security shall be binding on the applicant and the appli- cant’s heirs, successors and assigns. 3. Purpose of Security: Security must be unequivocally committed to the project being secured, and cannot be available for any other purpose. 4. Agreement Required: In case of any suit or action to enforce any provisions of this code, the developer shall pay the City all costs incidental to such litigation including reasonable attorney’s fees. The applicant shall enter into an agreement with the City re- quiring payment of such attorney’s fees and litigation costs. 5. Effect of Lapse of Security: Any secu- rity that, according to its terms, lapses upon a date certain, will cause the associated city approval (e.g., deferral, temporary occu- pancy permit, etc.) to lapse on that same date unless adequate substitute security has been posted prior to the termination date of the prior security. 6. Transfer of Responsibility: Whenever security has been accepted by the City, then no release of the owner or developer upon that security shall be granted unless a new party has been obligated to perform the work as agreed in writing to be responsible under the security, and has provided security. In the instance where security would be provided by a condominium owners association or prop- erty owners association, then it shall be nec- essary for the owners association to have voted to assume the obligation before the City may accept the security, and a duly cer- tified copy of the minutes of the owners asso- ciation shall be filed with the City along with the security to the City. 7. City Approval Required Prior to Trans- fer of Responsibility: The City shall not be required to permit a substitution of one party for another on any security if the Administra- tor feels that the new owner does not provide sufficient security to the City that the improve- ments will be installed when required. (Ord. 5676, 12-3-2012) 8. Default: In the event that improvements are not completed as required or mainte- nance is not performed satisfactorily, the Ad- ministrator shall notify the applicant/developer, property owner and guarantor in writing. The notice must state the specific defects that must be remedied and the date the work shall be completed. 9. Proceeding Against Security: In the event the applicant, developer, property owner, and/or guarantor fails to complete all improvement work required in compliance with this Title, and the City shall have to com- plete the improvements, the City reserves the right, in addition to all other remedies avail- able to it by law, to proceed against the secu- rity for funds necessary to complete the improvements. If the amount of security shall be less than the expense incurred by the City, the applicant, developer, and/or property owner shall be liable to City for the difference. 10. Release of Sureties for Private/On- Site Improvements: Sureties for completed or partially completed private/on-site im- provements shall not be released except upon written approval of the Administrator. 11. Release of Sureties for Public Im- provements: Sureties for completed or par- tially completed public improvements shall not be released except under the following conditions: a. The developer has submitted a schedule of improvements, the sequence for completion, and the value of each part of the public improvement for which a re- lease of surety shall be sought. 4-1-240B 1 - 45 (Revised 3/17) b. Each segment of the public improve- ment shall be useable by itself without the completion of the remainder of the im- provement. c. Each segment of the public improve- ment shall receive final inspection and approval of the City before release of the surety for that part of the improvement. d. All partial releases on each public im- provement shall constitute no more than one hundred percent (100%) of esti- mated value of the entire completed im- provement. e. All releases of surety shall be ap- proved in writing by the Administrator. (Ord. 5153, 9-26-2005) 4-1-240 COMMON OPEN SPACE SUBSTITUTIONS: A. APPLICABILITY: This Section is applicable to any development where common open space or a park is required by RMC 4-2-115, Residential Design and Open Space Standards, or RMC 4-3-100, Urban Design Regulations, or King County vested projects where tot lots or similar spaces are required. B. PUBLIC TRAIL OR PARK IMPROVEMENTS OR FEE-IN-LIEU FOR COMMON OPEN SPACE: Improvements to public trails, public parks, or payment of a fee may occur to reduce common open space requirements, if approval for such substitution is accepted by the Community Ser- vices Administrator. 1. Public Trail Improvement in Lieu of Common Open Space: The requirements for open space may be reduced where public trail improvements are being provided. On- site public trail improvements may occur as a substitute to common open space require- ments on a square footage basis, provided the trail has been identified in the Renton Trails and Bicycle Master Plan or the Parks, Recreation, Open Space, and Natural Re- sources Plan or an adopted community plan. Trails shall be constructed by the developer to standards specified by the Community Ser- vices Department and dedicated to and ac- cepted by the City of Renton as a public trail prior to final plat recording or short plat re- cording, or building permit final occupancy for non-subdivision projects. 2. Public Park Improvement in Lieu of Common Open Space: The requirements for open space may be reduced where public park improvements are being provided. On- site public park improvements may occur as a substitution to common open space re- quirements on a square footage basis pro- vided the park has been identified in the Parks, Recreation, Open Space, and Natural Resources Plan or an adopted community plan. The park shall be constructed by the de- veloper to standards specified by the Com- munity Services Department and dedicated to and accepted by the City of Renton as a public park prior to final plat recording or short plat recording, or building permit final occu- pancy for non-subdivision projects. 3. Fee in Lieu of Common Open Space: A fee-in-lieu may occur as a substitute to com- mon open space requirements; provided, that an off-site public park is within one-quarter (1/4) mile of the site proposed for develop- ment, safe and easy pedestrian access is pro- vided to such public park, and the public park shall be an integral part of the design ap- proach of the development. a. Fee Calculation: The fee shall be the equivalent of the monetary value of the required improvements for common open space plus the monetary value of the land area required to be placed in common open space. The project appli- cant shall provide the City with an esti- mate of the improvement value and an appraisal for the value of the land for the identified intended use with utilities and other non-structural improvements. The total monetary value of the fee-in-lieu shall be approved by the Community Ser- vices Department. b. The fee shall be paid prior to final plat recording or final short plat recording or building permit issuance for non-subdivi- sion projects. (Ord. 5591, 2-28-2011; Ord. 5676, 12-3-2012) 4-1-250A (Revised 3/17)1 - 46 4-1-250 MARIJUANA REGULATIONS: A. PURPOSE: The City of Renton, in an effort to comply with state law, has adopted marijuana laws that are in- tended to be consistent with Chapter 69.50 RCW, Uniform Controlled Substances Act, and Chapter 69.51A RCW, Medical Cannabis, as they exist or may be amended. (Ord. 5816, 10-3-2016) B. AUTHORITY: The City of Renton derives its authority to act on marijuana use, production, processing, sales, and cooperatives within its jurisdiction from Washington State Constitution Article XI, Section 11, Police and Sanitary Regulations; Chapters 69.50 and 69.51A RCW, as they exist or may be amended; its authority to regulate zoning within its jurisdiction; and any and all other authority granted to Renton by the State Legislature and the Washington State Liquor and Cannabis Board. (Ord. 5816, 10-3-2016) C. COOPERATIVES AND TRANSPORTERS: Marijuana cooperatives are not allowed in the City and marijuana transporters shall not be li- censed in the City. (Ord. 5816, 10-3-2016) D. BUSINESS REGULATION: By accepting a license issued pursuant to this chapter and/or Chapter 5-5 RMC, Business Li- censes, as they exist or may be amended, a licensee, jointly and severally, if more than one, agrees to indemnify and defend the City, its offi- cers, elected officials, employees, attorneys, agents, insurers, and self-insurance pool, if any, against all liability, claims and demands, on ac- count of injury, loss or damage, including, without limitation, claims arising from bodily injury, per- sonal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any man- ner connected with the operation of the mari- juana-related business that is the subject of the license. The licensee further agrees to investi- gate, handle, respond to, and to provide defense for and defend against, any such liability, claims, or demands at its expense, and to bear all other costs and expenses related thereto, including court costs and attorney fees. The Administrative Services Administrator may require a licensee to execute a written instrument confirming the provi- sions of this chapter. (Ord. 5816, 10-3-2016) E. LICENSE REQUIREMENT: All business licenses related to marijuana shall contain language that substantially conforms to the following: 1. Renton shall not be responsible or liable for any claim, defense, or anything related to the operation of a marijuana-related business activity. 2. By signing the business license applica- tion, the licensee accepts, agrees and ac- knowledges that it shall not have any claim against Renton related to any claim, defense, or loss related to the operation of a mari- juana-related business activity, and that the applicant shall hold Renton absolutely harm- less for any such claim, defense or loss. This Section shall govern the licensee’s responsi- bilities in the event of a claim, defense, or loss related to the operation of a marijuana-re- lated business activity. 3. By signing the business license applica- tion, the licensee accepts, agrees and ac- knowledges that under federal law, and more specifically the Supremacy Clause of the United States Constitution, Article VI, Para- graph 2, federal law generally takes prece- dence over Washington State laws, and even the Washington State Constitution. 4. Based on the supremacy clause and fed- eral law in general, the applicant may still be subject to arrest, prosecution, imprisonment, and/or fines for violating federal law, Renton shall have no duty, responsibility, or liability based on any of those events, and that Renton may be the entity to arrest, prosecute, imprison or fine the applicant. (Ord. 5816, 10- 3-2016) F. PROCEDURE FOR OBTAINING CITY LICENSE FOR MARIJUANA USE: 1. Any marijuana retailer, producer, or pro- cessor must obtain and maintain a valid Washington State Liquor and Cannabis Board license or endorsement to sell, pro- duce or process marijuana in the City of Renton at the State approved location. 2. Upon timely obtaining a marijuana li- cense or endorsement from the State and complying with the City Zoning Code and 4-1-260D 1 - 47 (Revised 5/18) other applicable City codes, and upon appli- cation and payment of all appropriate taxes and/or fees, a City business license may be issued. (Ord. 5767, 9-21-2015; Ord. 5816, 10-3-2016) G. LOCATION: 1. Marijuana zoning can be found in RMC 4- 2-060. 2. As defined and measured in WAC 314- 55 and as authorized under RCW 59.50.331, marijuana retailers, producers, and proces- sors shall not be located within one thousand feet (1,000') of any child care center, elemen- tary or secondary school, game arcade, li- brary, playground, public park, public transit center, or recreation center or facility. (Ord. 5816, 10-3-2016) H. MAXIMUM NUMBER OF MARIJUANA RETAIL LICENSES: The City will issue no more than five (5) business licenses to marijuana retailers. The licenses shall be issued to the first five (5) applicants that hold valid licenses from the Washington State Liquor and Cannabis Board and comply with City zoning and development requirements. The date appli- cations are received by the City shall be used for the purpose of determining order. (Ord. 5707, 3-24-2014; Ord. 5767, 9-21-2015; Ord. 5816, 10- 3-2016) 4-1-260 LANDMARK DESIGNATION AND PRESERVATION: A. PURPOSE: The purpose of this Section is to designate, pre- serve, protect, enhance, and perpetuate those sites, buildings, districts, structures, and objects which reflect significant elements of Renton’s cul- tural, ethnic, social, economic, political, architec- tural, aesthetic, archaeological, engineering, historic, and other heritage; to foster civic pride in the beauty and accomplishments of the past; to stabilize and improve the economic values and vi- tality of landmarks; to protect and enhance Renton’s tourist industry by promoting heritage- related tourism; to assist, encourage, and provide incentives to public and private owners to pre- serve, restore, rehabilitate, and use landmark buildings, sites, districts, structures, and objects; and to work cooperatively with other jurisdictions to identify, evaluate, and protect historic re- sources in furtherance of the purposes of this chamber. B. NOMINATION APPROVAL: No historic resource may proceed through the nomination procedure of King County Code 20.62.050 until the City has approved the historic resource for nomination. Approval shall be from the Mayor, subject to confirmation by the Council. Documentation of City approval shall be provided as part of the nomination submitted to King County. C. FEE RECOVERY: The City may require payment from the property owner or applicant for fees paid by the City to King County for service(s) conducted on behalf of a property owner or applicant by King County. D. INCORPORATION OF KING COUNTY PROVISIONS: The following sections of Chapter 20.62 King County Code (“KCC”) are incorporated by refer- ence herein and made part of this chapter: 1. KCC 20.62.020, Definitions, except as follows: a. Subsection H is changed to read: “Director” is the Administrator of the De- partment of Community and Economic Development, or designee. b. Add subsection Z: “Council” is the City of Renton City Council. 2. KCC 20.62.040, Designation Criteria, ex- cept that the reference to King County is changed to read City of Renton. 3. KCC 20.62.050, Nomination Procedure, except that subsection A is amended to add a sentence at the end of the paragraph to read: All nomination requests shall include property owner written consent and City of Renton approval, without such consent and approval King County will not accept the nomination request. 4. KCC 20.62.070, Designation Procedure, except that references to King County are changed to City of Renton. 4-1-260E (Revised 5/18)1 - 48 5. KCC 20.62.080, Certificate of Appropri- ateness Procedure, except the last sentence of subsection A. 6. KCC 20.62.100, Evaluation of Economic Impact. 7. KCC 20.62.110, Appeal Procedure, ex- cept that appeals shall be filed with the City of Renton City Clerk for decision by the Renton Hearing Examiner. 8. KCC 20.62.130, Penalty for Violation of Section 20.62.080. 9. KCC 20.62.140 Special Valuation for Historic Properties, except that the reference to King County in subsection C is changed to City of Renton. E. LANDMARKS COMMISSION AUTHORIZED: 1. The King County Landmarks Commis- sion (“Commission”), established pursuant to Chapter 20.62 KCC, is hereby designated and empowered to act as the landmarks com- mission for the City of Renton pursuant to the provisions of this section. 2. The Mayor with Council confirmation shall appoint the special member of the Com- mission, provided for in KCC 20.62.030. The special member shall have a demonstrated interest and competence in historic preserva- tion. The appointment shall be made for a three (3) year term. The special member shall serve until his or her successor is duly ap- pointed and confirmed. In the event of a va- cancy, an appointment shall be made to fill the vacancy in the same manner and with the same qualifications as if at the beginning of the term, and the person appointed to fill the vacancy shall hold the position for the re- mainder of the unexpired term. The special member may be reappointed but may not serve more than two (2) consecutive, three (3) year terms. A special member shall be deemed to have served one full term, if that special member resigns at any time after ap- pointment or if the special member serves more than two (2) years of an unexpired term. The special member of the Commission shall serve without compensation (except for out of pocket expenses incurred in connection with Commission meetings or programs). The City will reimburse expenses incurred by the member. 3. The Commission shall file its rules and regulations, including procedures consistent with this section, with the City Clerk. (Ord. 5855, 8-14-17) 2 - i (Revised 5/18) Chapter 2 ZONING DISTRICTS – USES AND STANDARDS CHAPTER GUIDE: Chapter 4-2 RMC contains zone-related land use regulations, and zone-related de- velopment standards, primarily in tabular form. Chapter 4-2 RMC additionally includes provisions for in- terpreting the Zoning Map that delineate the zoning and overlay districts and provisions for determining the permissibility of unclassified uses. Chapter 4-2 RMC does not contain procedural information. Re- lated permit processes (e.g., site development plan review, variance, conditional use permit, etc.) are located in chapters 4-8 and 4-9 RMC. In contrast, chapter 4-3 RMC applies to any property in the City that contains certain environmental characteristics, and chapter 4-3 RMC also applies to overlay dis- tricts that may or may not include more than one zone in order to apply special use restrictions and/or standards. Chapter 4-4 RMC applies regulations to property City-wide, regardless of zone district. (Ord. 5028, 11-24-2003) This Chapter last amended by Ord. 5876, January 22, 2018. SECTION PAGE NUMBER NUMBER 4-2-010 ZONES AND MAP DESIGNATIONS ESTABLISHED . . . . . . . . . . . . . . . . . . . . 1 A.Comprehensive Plan Designations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 B.Zoning Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 C.Zoning Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 D. Zones Implementing Comprehensive Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 E.Additional Restrictions on Land Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4-2-020 PURPOSE AND INTENT OF ZONING DISTRICTS . . . . . . . . . . . . . . . . . . . . . 2 A.General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 B.Resource Conservation Zone (RC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 C.Residential-1 (R-1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 D.Residential-4 (R-4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 E. Residential-6 (R-6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 F.Residential-8 (R-8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 G.Residential Manufactured Home Park (RMH) . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 H.Residential-10 (R-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 I.Residential-14 (R-14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 J.Residential Multi-Family (RMF) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 K.Commercial Neighborhood Zone (CN) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 L.Center Village Zone (CV) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2. Scale and Character . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 M.Commercial Arterial Zone (CA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 N.Center Downtown (CD) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 O.Commercial Office Zone (CO) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 P.Commercial Office Residential Zone (COR) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Q.Light Industrial Zone (IL) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 R.Medium Industrial Zone (IM) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 S.Heavy Industrial Zone (IH) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 T.Urban Center (UC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4-2-030 ZONING MAP INTERPRETATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 A.Boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 SECTION PAGE NUMBER NUMBER (Revised 5/18)2 - ii B.Differences in Street Layout . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 C.Conflict Between Zoning Map and Chapter Text . . . . . . . . . . . . . . . . . . . . . . . . 5 D.Conflict Between Zoning Map and Legal Description of Rezone Ordinance . . . 5 E.Designation of Special Zoning Categories and Time Limitations . . . . . . . . . . . . 6 F.Annual Map Update . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4-2-040 ZONING REGULATION INTERPRETATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 A.Wireless Communication Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 1. Entire Lot Considered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2. Installation Not Considered an Expansion of Nonconformity . . . . . . . . . . . . 7 4-2-050 PERMITTED LAND USES ESTABLISHED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 A.Categories of Uses Established . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 B.Zoning Use Tables Established . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 C.Interpretation of Zoning Use Tables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 1. Legend . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2. Other Requirements Applicable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3. Additional Use-Related Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4. Accessory Use Interpretations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 a. Rules of Interpretation for Accessory Uses . . . . . . . . . . . . . . . . . . . . . . . 9 5. Prohibited Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6. Unclassified Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 a. Criteria for Unclassified Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 7. Use Table Conflicts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 8. Existing Legal Nonconforming Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4-2-060 ZONING USE TABLE – USES ALLOWED IN ZONING DESIGNATIONS . . 11 A. Agriculture and Natural Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 B. Animals and Related Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 C. Residential . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 D. Other Residential, Lodging and Home Occupations . . . . . . . . . . . . . . . . . . . . . 11 E. Schools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 F. Parks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 G. Other Community and Public Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 H. Office and Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 I. Retail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 J. Entertainment and Recreation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 K. Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 L. Vehicle Related Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 M. Storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 N. Industrial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 O. Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 P. Wireless Communication Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Q. General Accessory Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 R. Temporary Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 4-2-070 (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 4-2-080 CONDITIONS ASSOCIATED WITH ZONING USE TABLES . . . . . . . . . . . . 21 A.Subject to the Following Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 B.(Deleted by Ord. 5675, 12-3-2012) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 C.(Deleted by Ord. 5357, 2-25-2008) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 SECTION PAGE NUMBER NUMBER 2 - iii (Revised 5/18) D.Downtown Business District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28.1 E. Arterial Streets Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 F. (Deleted by Ord. 5675, 12-3-2012) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 4-2-090 (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 4-2-100 ZONING STANDARDS TABLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 A.Standards Established . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 B.Tables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 C.Interpretation of Tables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 4-2-110 RESIDENTIAL DEVELOPMENT STANDARDS . . . . . . . . . . . . . . . . . . . . . . 31 A. Development Standards for Residential Zoning Designations (Primary and Attached Accessory Structures) . . . . . . . . . . . . . . . . . . . . . . . . . 32 B. Development Standards for Residential Development (Detached Accessory Buildings) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 C. Development Standards for Residential Manufactured Home Park Zoning Designation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 D. Conditions Associated with Development Standards Table for Residential Zoning Designations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 E. Illustrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 F. (Repealed by Ord. 5759, 6-22-2015) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 G. (Deleted by Ord. 5518, 12-14-2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 H. (Deleted by Ord. 5518, 12-14-2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 I. (Deleted by Ord. 5518, 12-14-2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 4-2-115 RESIDENTIAL DESIGN AND OPEN SPACE STANDARDS . . . . . . . . . . . . . 89 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 B. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 C. Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 D. Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 1. Review Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 2. Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 E. Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 1. Site Design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 2. Open Space . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 3. Residential Design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 4-2-120 COMMERCIAL DEVELOPMENT STANDARDS . . . . . . . . . . . . . . . . . . . . . . 103 A. Development Standards for Commercial Zoning Designations (CN, CV, CA, & UC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 B. Development Standards for Commercial Zoning Designations (CD, CO, & COR) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 C. Conditions Associated with Development Standards Tables for Commercial Zoning Designations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 D. (Deleted by Ord. 5355, 2-25-2008) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 E. (Repealed by Ord. 5759, 6-22-2015) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 F. (Repealed by Ord. 5759, 6-22-2015) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 4-2-130 INDUSTRIAL DEVELOPMENT STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . 124 A. Development Standards for Industrial Zoning Designations . . . . . . . . . . . . . . 125 SECTION PAGE NUMBER NUMBER (Revised 5/18)2 - iv B. Conditions Associated with Development Standards Table for Industrial Zoning Designations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126.1 4-2-140 VIOLATIONS OF THIS CHAPTER AND PENALTIES . . . . . . . . . . . . . . . . . 127 4-2-010D 2 - 1 (Revised 8/16) 4-2-010 ZONES AND MAP DESIGNATIONS ESTABLISHED: A. COMPREHENSIVE PLAN DESIGNATIONS: The City has been divided into Comprehensive Plan land use designations: (Ord. 5759, 6-22-2015) B. ZONING MAP: This Chapter shall consist of this text as well as that certain map on file in the Office of the City Clerk designated as the Zoning Map of the City. The boundaries of the various districts shall be shown on the Zoning Map and are hereby made a part of the Renton Municipal Code (RMC). This Title is to be read and interpreted in light of the contents of the Zoning Map. (Ord. 5759, 6-22- 2015) C. ZONING DISTRICTS: The City is divided into the following types of zon- ing districts and the following map symbols are established: (Ord. 5744, 1-12-2015; Ord. 5759, 6-22-2015) D. ZONES IMPLEMENTING COMPREHENSIVE PLAN: The Comprehensive Plan Designations are im- plemented by certain zones: (Ord. 5286, 5-14-2007; Ord. 5332, 12-10-2007; Ord. 5355, 2-25-2008; Ord. 5744, 1-12-2015; Ord. 5759, 6-22-2015) COMPREHENSIVE PLAN LAND USE DESIGNATION MAP SYMBOL Residential Low Density (LD) Residential Medium Density (MD) Residential High Density (HD) Commercial & Mixed Use (CMU) Commercial Office Residential (COR) Employment Area (EA) ZONE MAP SYMBOL Resource Conservation (RC) Residential-1 (R-1) Residential-4 (R-4) Residential-6 (R-6) Residential-8 (R-8) Residential Manufactured Home (RMH) Residential-10 (R-10) Residential-14 (R-14) Residential Multi-Family (RMF) Light Industrial (IL) Medium Industrial (IM) Heavy Industrial (IH) Center Downtown (CD) Center Village (CV) Commercial Arterial (CA) Commercial Neighborhood (CN) Commercial Office (CO) Commercial Office Residential (COR) Urban Center (UC) COMPREHENSIVE PLAN DESIGNATION IMPLEMENTING ZONES Residential Low Density (LD) Resource Conservation (RC) Residential-1 (R-1) Residential-4 (R-4) Residential Manufactured Home Park (RMH) Residential Medium Density Residential-6 (R-6) Residential-8 (R-8) Residential Manufactured Home Park (RMH) Residential High Density (RHD) Residential-10 (R-10) Residential-14 (R-14) Residential Manufactured Home Park (RMH) Residential Multi-Family (RMF) Commercial Neighborhood (CN) Commercial & Mixed Use (CMU) Center Downtown (CD) Center Village (CV) Commercial Arterial (CA) Commercial Office (CO) Urban Center (UC) Commercial Office Residential (COR) Commercial Office Residential (COR) Employment Area (EA) Commercial Arterial (CA) Commercial Office (CO) Light Industrial (IL) Medium Industrial (IM) Heavy Industrial (IH) Resource Conservation (RC) ZONE MAP SYMBOL 4-2-010E (Revised 8/16)2 - 2 E. ADDITIONAL RESTRICTIONS ON LAND USE: (Ord. 1472, 12-18-1953; Ord. 3101, 1-19-1977; Ord. 4302, 12-17-1990; Ord. 4519, 5-15-1995; Ord. 4851, 8-7-2000; Amd. Ord. 4963, 5-13-2002; Ord. 4971, 6-10-2002; Ord. 5100, 11-1-2004; Ord. 5355, 2-25-2008; Ord. 5357, 2-25-2008; Ord. 5437, 12-8-2008; Ord. 5571, 11-15-2010; Ord. 5759, 6-22-2015; Ord. 5804, 5-23-2016) 4-2-020 PURPOSE AND INTENT OF ZONING DISTRICTS: A. GENERAL: Approval of projects in the zones is contingent upon the determination that the proposed devel- opments are consistent with the purpose of the zone and the purpose and intent of the land use designations and guiding policies of the Compre- hensive Plan. The Comprehensive Plan Land Use Element pol- icies for each corresponding zone classification and all the Elements of the Comprehensive Plan shall be used together with the purpose state- ments for each zone and map designation set forth in the following sections to guide interpreta- tion and application of land use regulations within the zones and designations and any changes to the range of permitted uses within each zone through amendments to the code. (Ord. 5676, 12-3-2012) B. RESOURCE CONSERVATION ZONE (RC): The Resource Conservation Zone (RC) is estab- lished to provide a very low-density residential zone that endeavors to provide some residential use of lands characterized by extensive critical areas or lands with agricultural uses. It is in- tended to implement the Low Density Residential Comprehensive Plan designation. This zone pro- motes uses that are compatible with the functions and values of designated critical areas and allows for continued production of food and agricultural products. No minimum density is required. The Resource Conservation Zone is also in- tended to provide separation between areas of more intense urban uses and critical lands or ag- ricultural uses; encourage or preserve very low- density residential uses; reduce the intensity of uses in accordance with the extent of environ- mentally sensitive areas such as floodplains, wet- lands and streams, aquifers, wildlife habitat, steep slopes, and other geologically hazardous areas; allow for small-scale farming to commence or continue; and provide viable uses within urban separators. (Ord. 5759, 6-22-2015) C. RESIDENTIAL-1 (R-1): The Residential-1 Zone (R-1) is established to provide and protect suitable environments for res- idential development of lands characterized by pervasive critical areas where limited residential development will not compromise critical areas. It is intended to implement the Low Density Resi- dential Comprehensive Plan designation. The zone provides for suburban estate single family and clustered single family residential dwellings, at a maximum density of one dwelling unit per net acre, and allows for small scale farming associ- ated with residential use. Density bonus provi- sions, of up to eighteen (18) dwelling units per acre, are intended to allow assisted living to de- velop with higher densities within the zone. It is further intended to protect critical areas, provide separation between neighboring jurisdictions through designation of urban separators as ad- opted by the Countywide Policies, and prohibit the development of incompatible uses that may be detrimental to the residential or natural envi- ronment. (Ord. 5590, 2-28-2011; Ord. 5759, 6-22- 2015) D. RESIDENTIAL-4 (R-4): The Residential-4 Zone (R-4) is established to promote urban single family residential neighbor- TYPE OF LAND USE RESTRICTION ZONING MAP SYMBOL Automall Restrictions Dot Pattern TYPE OF LAND USE RESTRICTION REFERENCE OR CODE SECTION NO. Airport Related Height and Use Restrictions RMC 4-3-020 Critical Areas Regulations RMC 4-3-050 Automall District RMC 4-3-040 Downtown Business District RMC 4-2-080D Planned Urban Development RMC 4-9-150 Restrictive Covenants See Property Title Report Urban Design Regulations (Areas “A,” “B,” “C,” and “D”)RMC 4-3-100 4-2-020J 2 - 3 (Revised 8/17) hoods serviceable by urban utilities and contain- ing open space amenities. It is intended to implement the Residential Low Density Compre- hensive Plan designation. The Residential-4 (R- 4) allows a maximum density of four (4) dwelling units per net acre. The R-4 designation serves as a transition between rural designation zones and higher density residential zones. It is intended as an intermediate lower density residential zone. (Ord. 5355, 2-25-2008; Ord. 5759, 6-22-2015; Ord. 5842, 6-12-2017) E. RESIDENTIAL-6 (R-6): The Residential-6 Zone (R-6) is established for single family dwellings and is intended to imple- ment the Residential Medium Density Compre- hensive Plan designation. The R-6 zone allows a range of three (3) to six (6) dwelling units per net acre. Development in the R-6 zone is intended to be single family residential at moderate density. (Ord. 5744, 1-12-2015; Ord. 5759, 6-22-2015) F. RESIDENTIAL-8 (R-8): The Residential-8 Zone (R-8) is established for single family residential dwellings allowing a range of four (4) to eight (8) dwelling units per net acre. It is intended to implement the Residential Medium Density Comprehensive Plan designa- tion. Development in the R-8 Zone is intended to create opportunities for new single family residen- tial neighborhoods and to facilitate high-quality in- fill development that promotes reinvestment in existing single family neighborhoods. It is in- tended to accommodate uses that are compatible with and support a high-quality residential envi- ronment and add to a sense of community. (Ord. 5744, 1-12-2015; Ord. 5759, 6-22-2015) G. RESIDENTIAL MANUFACTURED HOME PARK (RMH): The Residential Manufactured Home Park Zone (RMH) is established to promote development that is single family in character and developed to offer a choice in land tenancy. Standards provide for safe and high-quality manufactured home neighborhoods. It is intended to implement the Residential Low Density Comprehensive Plan designation. The RMH Zone is intended to protect established manufactured home parks and to ex- pand the variety of affordable housing types avail- able within the City. (Ord. 5332, 12-10-2007; Ord. 5744, 1-12-2015; Ord. 5759, 6-22-2015) H. RESIDENTIAL-10 (R-10): The Residential-10 Zone (R-10) is established for high-density residential development that will pro- vide a mix of residential styles including small lot detached dwellings or attached dwellings such as townhouses and small-scale flats. Development promoted in the zone is intended to increase op- portunities for detached dwellings as a percent of the housing stock, as well as allow some small- scale attached housing choices and to create high-quality infill development that increases den- sity while maintaining the single family character of the existing neighborhood. Allowable base densities range from five (5) to ten (10) dwelling units per net acre. The zone serves as a transition to higher density multi-family zones. (Ord. 5286, 5-14-2007; Ord. 5520, 12-14-2009; Ord. 5744, 1- 12-2015; Ord. 5759, 6-22-2015) I. RESIDENTIAL-14 (R-14): The purpose of the Residential-14 Zone (R-14) is to encourage development, and redevelopment, of residential neighborhoods that provide a mix of detached and attached dwelling structures orga- nized and designed to combine characteristics of both typical single family and small-scale multi- family developments. Densities range from seven (7) to fourteen (14) units per net acre with oppor- tunities for bonuses up to eighteen (18) dwelling units per net acre. Structure size is intended to be limited in terms of bulk and scale so that the vari- ous unit types allowed in the zone are compatible with one another and can be integrated together into a quality neighborhood. Project features are encouraged, such as yards for private use, com- mon open spaces, and landscaped areas that en- hance a neighborhood and foster a sense of community. Civic and limited commercial uses may be allowed when they support the purpose of the designation. (Ord. 5286, 5-14-2007; Ord. 5520, 12-14-2009; Ord. 5744, 1-12-2015; Ord. 5759, 6-22-2015) J. RESIDENTIAL MULTI-FAMILY (RMF): The RMF Zone provides suitable environments for multi-family dwellings. It is further intended to conditionally allow uses that are compatible with and support a multi-family environment. The RMF allows for the development of both infill parcels in existing multi-family districts with compatible proj- ects and other multi-family development. Densi- ties range from ten (10) to twenty (20) du/acre with opportunities for bonuses up to twenty five (25) dwelling units per net acre. (Amd. Ord. 4971, 6-10-2002; Ord. 5286, 5-14-2007; Ord. 5573, 4-2-020K (Revised 8/17)2 - 4 11-15-2010; Ord. 5744, 1-12-2015; Ord. 5759, 6- 22-2015) K. COMMERCIAL NEIGHBORHOOD ZONE (CN): The purpose of the Commercial Neighborhood Zone (CN) is to provide for small-scale conve- nience retail/commercial areas offering incidental retail and service needs for the surrounding area. Uses serving a larger area may be appropriate if they also serve the residents of the immediate area and are compatible with the scale and char- acter of the neighborhood. This designation is the smallest and least intensive of the City’s commer- cial zones. (Ord. 5676, 12-3-2012; Ord. 5744, 1- 12-2015) L. CENTER VILLAGE ZONE (CV): 1. Purpose: The purpose of the Center Vil- lage Zone (CV) is to provide an opportunity for concentrated mixed-use residential and commercial redevelopment designed to ur- ban rather than suburban development stan- dards that supports transit-oriented development and pedestrian activity. Use al- lowances promote commercial and retail de- velopment opportunities for residents to shop locally. Uses and standards allow comple- mentary, high-density residential develop- ment, and discourage garden-style, multi- family development. 2. Scale and Character: The Center Vil- lage Zone (CV) is intended to provide suitable environments for district-scaled retail and commercial development serving more than one neighborhood, but not providing City- wide services. (Ord. 5286, 5-14-2007; Ord. 5744, 1-12-2015) M. COMMERCIAL ARTERIAL ZONE (CA): The purpose of the Commercial Arterial Zone (CA) is to evolve from “strip commercial” linear business districts to business areas character- ized by enhanced site planning and pedestrian orientation, incorporating efficient parking lot de- sign, coordinated access, amenities and boule- vard treatment with greater densities. The CA Zone provides for a wide variety of retail sales, services, and other commercial activities along high-volume traffic corridors. Residential uses may be integrated into the zone through mixed- use buildings. The zone includes the designated Automall District. (Ord. 5191, 12-12-2005; Ord. 5355, 2-25-2008; Ord. 5437, 12-8-2008; Ord. 5744, 1-12-2015) N. CENTER DOWNTOWN (CD): The purpose of the Center Downtown Zone (CD) is to provide a mixed-use urban commercial cen- ter serving a regional market as well as high-den- sity residential development. Uses include a wide variety of retail sales, services, multi-family resi- dential dwellings, and recreation and entertain- ment uses. (Ord. 5744, 1-12-2015) O. COMMERCIAL OFFICE ZONE (CO): The Commercial Office Zone (CO) is established to provide areas appropriate for professional, ad- ministrative, and business offices and related uses, offering high-quality and amenity work envi- ronments. In addition, a mix of limited retail and service uses may be allowed to primarily support other uses within the zone, subject to special con- ditions. Limited light industrial activities, which can effectively blend in with an office environ- ment, are allowed, as are medical institutions and related uses. (Ord. 5355, 2-25-2008; Ord. 5744, 1-12-2015) P. COMMERCIAL OFFICE RESIDENTIAL ZONE (COR): The purpose of the Commercial Office Residen- tial Zone (COR) is to provide for a mix of intensive office, hotel, convention center, and residential activity in a high-quality, master-planned develop- ment that is integrated with the natural environ- ment. Commercial retail and service uses that are architecturally and functionally integrated are per- mitted. Also, commercial uses that provide high economic value may be allowed if designed with the scale and intensity envisioned for the COR Zone. The scale and location of these sites will typically denote a gateway into the City and should be designed accordingly. (Amd. Ord. 5001, 2-10-2003; Ord. 5369, 4-14-2008; Ord. 5744, 1-12-2015; Ord. 5759, 6-22-2015) Q. LIGHT INDUSTRIAL ZONE (IL): The purpose of the Light Industrial Zone (IL) is to provide areas for low-intensity manufacturing, in- dustrial services, distribution, storage, and techni- cal schools. Uses allowed in this zone are generally contained within buildings. Material and/or equipment used in production are not stored outside. Activities in this zone do not gen- 4-2-030D 2 - 5 (Revised 9/15) erate external emissions such as smoke, odor, noise, vibrations, or other nuisances outside the building. Compatible uses that directly serve the needs of other uses in the zone are also allowed. (Ord. 5744, 1-12-2015) R. MEDIUM INDUSTRIAL ZONE (IM): The purpose of the Medium Industrial Zone (IM) is to provide areas for medium-intensity industrial activities involving manufacturing, processing, assembly, and warehousing. Uses in this zone may require some outdoor storage and may cre- ate some external emissions of noise, odor, glare, vibration, etc., but these are largely contained on- site. Compatible uses that directly serve the needs of other uses permitted within the district are also allowed zone-wide. Additionally, within the Employment Area designation, an even wider variety of commercial and service uses may be permitted. (Ord. 5650, 12-12-2011; Ord. 5744, 1- 12-2015; Ord. 5759, 6-22-2015) S. HEAVY INDUSTRIAL ZONE (IH): The purpose of the Heavy Industrial Zone (IH) is to provide areas for high-intensity industrial activ- ities involving heavy fabrication, processing of raw materials, bulk handling and storage, con- struction, and heavy transportation. Uses in this zone may require large outdoor areas in which to conduct operations. Environmental impacts may be produced that affect off-site areas, requiring isolation of the industrial activity from more sensi- tive land uses. Compatible uses that directly serve the needs of other uses permitted within the district are also allowed. (Ord. 5355, 2-25-2008; Ord. 5744, 1-12-2015) T. URBAN CENTER (UC): The Urban Center Zone (UC) is established to provide an area for pedestrian-scale urban mixed-use development that supports the resi- dential and employment goals of Renton’s Urban Center. The UC Zone is intended to attract a wide range of office, technology, commercial, and res- idential uses. The overall mix and intensity of uses within both zones will develop over time. Consequently, decisions made in early phases of redevelopment will need to take into consider- ation the potential for further infill and intensifica- tion of uses. The overall mix and intensity of uses is intended to create an urban rather than subur- ban character. The form of development is ex- pected to use urban development standards and therefore, setbacks, heights, landscaping, park- ing, and design standards are to be urban in scale and configured in a layout utilizing the street sys- tem to create a human-scale, pedestrian-oriented new center. Uses that support urban center de- velopment are allowed. Development is expected to include amenities such as gateways, water ac- cess, and open space. High-quality development is anticipated, encompassing a mix of residential neighborhoods, shopping, and employment dis- tricts and public facilities. The designation is also intended to allow continuation of airplane manu- facturing and accessory airplane manufacturing uses, as land area formerly occupied by those uses is transformed to combinations of retail, ser- vice, office, residential, and civic uses. (Ord. 3722, 4-25-1983; Ord. 4404, 6-7-1993; Ord. 4473, 9-12-1994; Ord. 4502, 3-13-1995; Ord. 4523, 6-5-1995; Ord. 4537, 6-19-1995; Ord. 4614, 6-17-1996; Ord. 4631, 9-9-1996; Ord. 4649, 1-6-1997; Ord. 4773, 3-22-1999; Ord. 4802, 10-25-1999; Amd. Ord. 4963, 5-13-2002; Ord. 5027, 11-24-2003; Ord. 5100, 11-1-2004; Ord. 5450, 3-2-2009; Ord. 5744, 1-12-2015; Ord. 5759, 6-22-2015) 4-2-030 ZONING MAP INTERPRETATION: A. BOUNDARIES: The district boundaries are, unless otherwise in- dicated, the centerlines of streets, centerlines of alleys or lot lines as shown on the maps. B. DIFFERENCES IN STREET LAYOUT: Where the street layout actually on the ground varies from that shown on the Zoning District Maps, the designations shown on the maps shall be applied to the street as actually laid out so as to carry out the intent and purpose of the zoning plan of that district. C. CONFLICT BETWEEN ZONING MAP AND CHAPTER TEXT: If any conflict exists between the Zoning District Map and the text of this Chapter, the text of the Chapter will prevail. D. CONFLICT BETWEEN ZONING MAP AND LEGAL DESCRIPTION OF REZONE ORDINANCE: If any conflict exists between the adopting Zoning Map of the City and the text of any rezone ordi- nance for any particular parcel of property, the text of the rezone ordinance will govern. Once any conflict is shown to exist, the City Council 4-2-030E (Revised 9/15)2 - 6 shall ask the Administration to determine the source of the conflict and to make a recommen- dation for any future action by the Council. The Council will hold a public hearing to determine if it wishes to take any action to resolve the conflict. Notification of the public hearing will be given to the property owners and parties of record to the rezone. (Ord. 5450, 3-2-2009) E. DESIGNATION OF SPECIAL ZONING CATEGORIES AND TIME LIMITATIONS: Properties having a zoning category subject to a time limitation, such as a Planned Urban Devel- opment approval or reversionary zoning, and those properties under contract rezone shall be specially designated on the Zoning Map to indi- cate their special nature and give notice to the public that further inquiry into their zoning status is necessary. (Ord. 5153, 9-26-2005) F. ANNUAL MAP UPDATE: The Zoning Map of the City of Renton shall be up- dated quarterly to reflect changes in the City boundary and any zoning ordinances adopted since the prior quarter. The official Zoning Map shall list the ordinance number and indicate effec- tive date on the face of the map. This shall be pre- sented to the Council for adoption by the Council as the formal and legal zoning classification for the properties within the corporate limits of the City. (Ord. 5450, 3-2-2009) (Ord. 1472, 12-18-1953; Ord. 3101, 1-17-1977; Ord. 4302, 12-17-1990; Amd. Ord. 4963, 5-13-2002) 4-2-050C 2 - 7 (Revised 6/09) 4-2-040 ZONING REGULATION INTERPRETATION: A. WIRELESS COMMUNICATION FACILITIES: 1. Entire Lot Considered: For purposes of determining whether the installation of a tower or antenna complies with zoning devel- opment regulations, including but not limited to setback requirements, lot coverage re- quirements and other such requirements, the dimensions of the entire lot shall control, even though antennas or towers may be located on leased parcels within such lots. 2. Installation Not Considered an Expan- sion of Nonconformity: Towers constructed and antennas installed in accordance with the provisions of this Chapter shall not be deemed to constitute the expansion of a non- conforming use or structure. A different exist- ing use of an existing structure on the same lot shall not preclude the installation of an an- tenna or tower on such lot. (Ord. 4689, 11-24-1997; Amd. Ord. 4963, 5-13-2002) 4-2-050 PERMITTED LAND USES ESTABLISHED: A. CATEGORIES OF USES ESTABLISHED: This Section establishes permitted, conditional, accessory and prohibited uses, by zone, for all properties within the Renton City Limits. All uses in a given zone are one of six (6) types: PERMITTED USES: Land uses allowed out- right within a zone. CONDITIONAL USES (ADMINISTRATIVE): Land uses which may be permitted within a zoning district following review by the Devel- opment Services Division Director to estab- lish conditions mitigating impacts of the use and to assure compatibility with other uses in the district. CONDITIONAL USES (HEARING EXAM- INER): Uses with special characteristics that may not generally be appropriate within a zoning district, but may be permitted subject to review by the Hearing Examiner to estab- lish conditions to protect public health, safety and welfare. ACCESSORY USES: Uses customarily inci- dental and subordinate to the principal use and located upon the same lot occupied by the principal use or on an abutting/adjacent lot that is under the same ownership as the principal lot. Some accessory uses are spe- cifically listed, particularly where a use is only allowed in an accessory form, whereas other accessory uses are determined by the Devel- opment Services Division on a case-by-case basis per RMC 4-2-050C4 and C6, Acces- sory Use Interpretations and Unclassified Uses. PROHIBITED USES: Any use which is not specifically enumerated or interpreted by the City as allowable in that district. Any use not specifically listed as a permitted, conditional, or accessory use is prohibited, except those uses determined to be unclassified and per- mitted by the Development Services Division Director pursuant to RMC 4-2-040C6. Any prohibited use is illegal and is a misdemeanor punishable under RMC 1-3-1. UNCLASSIFIED USE: A use which does not appear in a list of permitted, conditionally per- mitted, or accessory uses, but which is inter- preted by the Development Services Division Director as similar to a listed permitted, con- ditionally permitted or accessory use, and not otherwise prohibited, pursuant to RMC 4-2-050C6, Unclassified Uses. (Ord. 5159, 10-17-2005; Ord. 5356, 2-25-2008) B. ZONING USE TABLES ESTABLISHED: The following tables establish whether a specific use is permitted in a zoning district and whether the use is allowed as “permitted,” “conditional,” or “accessory” use. The zone is located on the hori- zontal row and the specific use is located on the vertical column of these tables. C. INTERPRETATION OF ZONING USE TABLES: 1. Legend: The following letters have the following meanings when they appear in the box at the intersection of the column and the row: 4-2-050C (Revised 6/09)2 - 8 2. Other Requirements Applicable: The above uses are subject to the review proce- dures specified in chapter 4-9 RMC, Permits – Specific, the development standards of chapters 4-3, Environmental Regulations and Overlay Districts, 4-4, City-Wide Property De- velopment Standards, and 4-6, Street and Utility Standards, and may be subject to addi- tional conditions as noted in subsection C3 of this Section. The Aquifer Protection Regula- tions of RMC 4-3-050, Critical Areas Regula- tions, further restrict usage of those properties located within the Aquifer Protec- tion Area Boundary shown in RMC 4-3-050Q, Maps. 3. Additional Use-Related Conditions: If a number also appears at the intersection of the column and the row, the use is also sub- ject to the additional requirements as listed immediately following the use table in RMC 4-2-080, Conditions Associated with Zoning Use Tables. All applicable requirements shall govern a use whether specifically identified in this Chapter or not. 4. Accessory Use Interpretations: The Development Services Division Director may determine if an unclassified use or a classi- fied use, even if not specifically listed as ac- cessory (AC), is permitted as an accessory use in a zone. Upon inquiry by an applicant, an administrative interpretation shall be made by the Development Services Division Director to determine if a proposed use is al- lowed as an accessory use utilizing the rules of interpretation in subsection C4a of this Section. If the applicant does not concur with the interpretation of whether a use is acces- sory or with the permit type applied to a use, appeal may be made pursuant to RMC 4-8-110. Interpretations made by the Devel- opment Services Division Director shall be documented, and updates to Title 4, when consistent with the title format and level of de- tail, shall incorporate “accessory use” inter- pretations upon approval by the legislative authority. P Permitted Use AD Conditional Use – Administrative H Conditional Use – Hearing Examiner AC Accessory Use 4-2-050C 2 - 9 (Revised 9/15) a. Rules of Interpretation for Acces- sory Uses: To determine whether a use is permitted as accessory, the Develop- ment Services Division Director shall uti- lize the following rules of interpretation: i. If a use is allowed or conditionally allowed in a zone as a “permitted” use, accessory uses associated with the primary use that are determined to be incidental, necessary and com- monly found with the permitted use may be allowed with the same permit type as the primary use, unless spe- cifically stated otherwise. ii. If a use is permitted or condition- ally permitted as a primary use, sub- ject to location restrictions, the listed use, even as an accessory use, is also subject to the same location re- strictions as the primary use, unless specifically stated otherwise. For ex- ample, if a use is restricted to a loca- tion within the Employment Area (EA) land use designation, then the accessory form of the use is only per- mitted in the EA, unless specifically stated otherwise. iii. Required parking, required site utilities/facilities, and other develop- ment standards required in order to establish or operate a use on a site according to the RMC are consid- ered accessory. 5. Prohibited Uses: If no symbol appears in the box at the intersection of the column and the row, the use is prohibited in that dis- trict unless otherwise determined by the De- velopment Services Division Director, pursuant to this subsection C6 of this Section, Unclassified Uses, or subsection C4, Acces- sory Use Interpretations. 6. Unclassified Uses: Upon inquiry by an applicant, an administrative interpretation shall be made by the Development Services Division Director to determine if a proposed use not specifically listed is allowed utilizing the criteria in subsection C6a of this Section. Should interpretation be made that a pro- posed, unlisted use not be allowed in a spe- cific zoning district, the Director shall indicate which zones, if any, do permit the use. If the Development Services Division Director’s in- terpretation indicates that an unlisted use is not consistent with the permitted, conditional or accessory uses in any district, or if a party does not concur with the permit type applied to a use, appeal may be made pursuant to RMC 4-8-110. Interpretations made by the Development Services Division Director shall be documented, and updates to Title 4, when consistent with the title format and level of de- tail, shall incorporate “unclassified use” inter- pretations upon approval by the legislative authority. a. Criteria for Unclassified Uses: In order to make a determination that an un- classified use is permitted, conditionally permitted or accessory, the Development Services Division Director must find that the use is: i. In keeping with the purpose and intent of the zone, and consistent with the Renton Comprehensive Plan policies; and ii. Similar in nature to, and no more intense than, a specifically listed per- mitted, conditional or accessory use; and iii. Consistent with subsection C4 of this Section, if determined to be per- missible as an accessory use. 7. Use Table Conflicts: In the event of a conflict between RMC 4-2-060, the Master Zoning Use Table and any other individual zoning use tables, RMC 4-2-070A through 4-2-070S, the provisions of RMC 4-2-060 shall have priority. 8. Existing Legal Nonconforming Uses: Where the term “existing” follows a listed use type within the table(s) (e.g., horticulture nurseries, existing), then those who can doc- ument that their nonconforming uses were le- gal at the time the nonconforming uses were established will be permitted to continue those nonconforming uses and given all the rights of other permitted uses within the dis- trict. In addition, these uses may be rebuilt “as is, where is” should they suffer damage. These uses may be remodeled without limita- tion on value and may be enlarged subject to current code requirements (e.g., height limits, 4-2-050C (Revised 9/15)2 - 10 lot coverage, density limits, setbacks, park- ing, etc.), unless otherwise specifically condi- tioned in RMC 4-2-080. (Ord. 4523, 6-5-1995; Ord. 4549, 8-21-1995, 2-12-1996; Ord. 4587, 3-18-1996; Ord. 4595, 4-8-1996; Ord. 4851, 8-7-2000; Ord. 4782, 5-24-1999; Ord. 4963, 5-13-2002; Ord. 5647, 12-12-2011; Ord. 5759, 6-22-2015) 4-2-060D 2 - 11 (Revised 5/18)4-2-060 Zoning Use Table – Uses Allowed in Zoning Designations: USES:RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONSRC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF IL IM IH CN CV CA CD CO COR UCA. AGRICULTURE AND NATURAL RESOURCESAgricultureP35 P35Home agricultureAC35 AC35 AC35 AC35 AC35 AC35 AC35 AC35 AC35Natural resource extraction/recoveryHHHHHHHHHHHHHHHHHHResearch – Scientific (small scale)PPPPPPPPPPPPPPPPPPPB. ANIMALS AND RELATED USESBeekeepingAC AC AC AC AC AC AC AC ACKennelsAD P37 P37 P37 AD AD AD ADStables, commercialAD ADPet day careP37P37P37ADADADADADADAD82Veterinary offices/clinicsP AD42 P P P P112 P P P29 P P82C. RESIDENTIALDetached dwellingPPPPP PPAttached dwellingsP73 P73 P P18 P73 P18 P3 P16 P P18Manufactured HomesManufactured homesP50 P50 P50 P50 P50 P P50 P50D. OTHER RESIDENTIAL, LODGING AND HOME OCCUPATIONSAccessory dwelling unitAD7 AD7 AD7 AD7 AD7 AD7 AD7Adult family homePPPPPPPPP P P3Assisted livingAD AD P P P P3 P40 P P96Caretaker’s residenceAC AC AC AC AC AC ACCongregate residenceAD P P3Group homes IAD H3Blank=Not Allowed P#=Permitted AD=Administrative Conditional Use AC=Accessory UseP=Permitted Use provided condition can be met H=Hearing Examiner Conditional Use #=Condition(s)Uses may be further restricted by: RMC 4-3-020, Airport Related Height and Use Restrictions; RMC 4-3-040C, Uses Permitted in the Renton Automall Improvement District; RMC 4-3-050, Critical Areas Regulations; RMC 4-3-090, Shoreline Master Program Regulations 4-2-060E (Revised 5/18)2 - 12Group homes II for 6 or lessADPPPPPPPP P P3 PGroup homes II for 7 or moreHHHHHHHH PHH3 ADHome occupations (RMC 4-9-090)AC AC AC AC AC AC AC AC AC AC AC AC AC AC ACLive-work unitAD AD ADE. SCHOOLSK-12 educational institution (public or private)H9 H9 H9 H9 H9 H9 H9 H9 H9 H H H H9 H9 H9 H9 H9 H87Other higher education institutionP29 P29 P29 P P P P21 AD87Schools/studios, arts and craftsPP29P29 P P P PTrade or vocational schoolPPH H H77F. PARKSParks, neighborhoodPPPPPPPPPPPPPPPPPPPParks, regional/community, existingPPPPPPPPPPPPPPPPPPPParks, regional/community, newAD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD PG. OTHER COMMUNITY AND PUBLIC FACILITIESCommunity FacilitiesCemeteryHHHHHHHHHHHH HHHHReligious institutionsHHHHHHHHHHHHHHHHHHHService and social organizationsHHHHHHHHHHHHHHHH12H21H82Public FacilitiesCity government officesAD AD AD AD AD AD AD AD AD AD AD AD AD AD AD P AD ADCity government facilitiesHHHHHHHHHHHHHHHHHHHCommunity health engagement location (CHEL)USES:RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONSRC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF IL IM IH CN CV CA CD CO COR UCBlank=Not Allowed P#=Permitted AD=Administrative Conditional Use AC=Accessory UseP=Permitted Use provided condition can be met H=Hearing Examiner Conditional Use #=Condition(s)Uses may be further restricted by: RMC 4-3-020, Airport Related Height and Use Restrictions; RMC 4-3-040C, Uses Permitted in the Renton Automall Improvement District; RMC 4-3-050, Critical Areas Regulations; RMC 4-3-090, Shoreline Master Program Regulations 4-2-060I 2 - 13 (Revised 5/18)Jails, existing municipalPDiversion facility and diversion interim service facilityH71 H71Secure community transition facilitiesH71 H71Other government offices and facilitiesHHHHHHHHHHHHHHHHHHHH. OFFICE AND CONFERENCEConference centersPPP HPPPP21P18Medical and dental officesAD42 PPPADP112PPPPP92Offices, generalAD42 PPPADP112PPPPP92I. RETAILAdult retail use (RMC 4-3-010)PPP PPPP12Big-box retailPPP P29 P79Drive-in/drive-through, retailAC80 AC80 AC80 AC80 AC61 AC80 AC61 AC82Eating and drinking establishmentsP1 P1 P1 P1 P1 P1 P1 AD33 P P P P22 P P P P12 P82 P82Fast food restaurantsP29 P61 P P61 P82Horticultural nurseries, existingAD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD ADHorticultural nurseries, newADAD29Marijuana retail (RMC 4-1-250)AD P AD P21 P82Retail salesAD33 AD AC AC AC P22 P P P P54 P21 P82Retail sales, outdoorP15 P30 P30 P30 P15 P15 P15 P15 P15TavernsAD P20 AD P21 P82Vehicle sales, largeP29 P29 P29 P29Vehicle sales, smallPPP P68USES:RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONSRC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF IL IM IH CN CV CA CD CO COR UCBlank=Not Allowed P#=Permitted AD=Administrative Conditional Use AC=Accessory UseP=Permitted Use provided condition can be met H=Hearing Examiner Conditional Use #=Condition(s)Uses may be further restricted by: RMC 4-3-020, Airport Related Height and Use Restrictions; RMC 4-3-040C, Uses Permitted in the Renton Automall Improvement District; RMC 4-3-050, Critical Areas Regulations; RMC 4-3-090, Shoreline Master Program Regulations 4-2-060J (Revised 5/18)2 - 14J. ENTERTAINMENT AND RECREATIONEntertainmentAdult entertainment business (RMC 4-3-010)PPP PPP12Card roomP52 P52 P52 P52Cultural facilitiesH H H H H H H H H ADADADADADADADADADADDance clubsP29 P29 P29 AD P20 AD P29 ADDance hallsP29 P29 P29 AD P20 AD P29 ADGaming/gambling facilities, not-for-profitH29 H29 H29 H20 H29Movie theatersP29 P29 P29 AD P20 P P12 P82Sports arenas, auditoriums, exhibition halls, indoorP29 P29 P29 P20 P H18Sports arenas, auditoriums, exhibition halls, outdoorP29 P29 P29 AD20 H18RecreationGolf courses (existing)PPPPPPPGolf courses, newHPHHHHHMarinasPP21 HRecreational facilities, indoor, existingH P33 P29 P29 P29 P P P P54 P21 P82Recreational facilities, indoor, newH P29 P4 P P P92 P12 P21 P82Recreational facilities, outdoorP29 P29 P29 H20 H29USES:RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONSRC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF IL IM IH CN CV CA CD CO COR UCBlank=Not Allowed P#=Permitted AD=Administrative Conditional Use AC=Accessory UseP=Permitted Use provided condition can be met H=Hearing Examiner Conditional Use #=Condition(s)Uses may be further restricted by: RMC 4-3-020, Airport Related Height and Use Restrictions; RMC 4-3-040C, Uses Permitted in the Renton Automall Improvement District; RMC 4-3-050, Critical Areas Regulations; RMC 4-3-090, Shoreline Master Program Regulations 4-2-060L 2 - 15 (Revised 8/17)K. SERVICESServices, GeneralBed and breakfast house, accessoryAD AD AD AD AD AD AD AD AD PBed and breakfast house, professionalAD AD AD5 AD PHotelP29 P29 P29 P P20 P P P P18MotelP29 P29 P29 P P20Off-site servicesP29 P29 P29 P29On-site servicesAD33 P29 P29 P29 P22 P P P P54 P21 P82Drive-in/drive-through serviceAC61 AC61 AC61 AC80 AC61 AC80 AC61 AC61 AC61 AC82Vehicle rental, smallPPPAD P20Vehicle and equipment rental, largeP29 P29 P29Day Care ServicesAdult day care IAC AC AC AC AC AC AC AC AC P P P P P P P P P P100Adult day care IIHHHHHHHPPPPPPPP12P21P100Day care centersH25 H25 H25 H25 H25 H25 H25 P P P P P P P P P21 P100Family day careAC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC3 AC AC ACHealthcare ServicesConvalescent centersH H H H P AD P3 P40 AD AD96Medical institutionsHHHHHHHHH56H56H56HHHHP40HHL. VEHICLE RELATED ACTIVITIESCar washesPPPAD2 P2Express transportation servicesAD P AD20Fuel dealersH59 PUSES:RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONSRC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF IL IM IH CN CV CA CD CO COR UCBlank=Not Allowed P#=Permitted AD=Administrative Conditional Use AC=Accessory UseP=Permitted Use provided condition can be met H=Hearing Examiner Conditional Use #=Condition(s)Uses may be further restricted by: RMC 4-3-020, Airport Related Height and Use Restrictions; RMC 4-3-040C, Uses Permitted in the Renton Automall Improvement District; RMC 4-3-050, Critical Areas Regulations; RMC 4-3-090, Shoreline Master Program Regulations 4-2-060L (Revised 8/17)2 - 16Industrial engine or transmission rebuildP28 P28 P28Parking garage, structured, commercial or publicPPP PP20P3PPP92Parking, surface, commercial or publicP29 P29 P29 P20 P3 ADPark and ride, dedicatedP107 P107 P107 P107 P107 P107 P107 P107Park and ride, shared-useP P P P P P P P P P P107 P109 P107 P P107Railroad yardsPTaxi standPADADTow truck operation/auto impoundment yardP36 H59 P AD36Transit centersH29 H29 H29 P H20 P H29 PTruck terminalsPVehicle fueling stationsPPP PP P29Vehicle fueling stations, existing legalPPPADPP P29Vehicle service and repair, largeAD2 P PVehicle service and repair, smallP2 P2 P2 AD2 AD2 AD2Wrecking yard, autoH59 HAir Transportation UsesAirplane manufacturingH59 P78Airplane manufacturing, accessory functionsAC P78Airplane sales and repairPAirport, municipalPUSES:RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONSRC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF IL IM IH CN CV CA CD CO COR UCBlank=Not Allowed P#=Permitted AD=Administrative Conditional Use AC=Accessory UseP=Permitted Use provided condition can be met H=Hearing Examiner Conditional Use #=Condition(s)Uses may be further restricted by: RMC 4-3-020, Airport Related Height and Use Restrictions; RMC 4-3-040C, Uses Permitted in the Renton Automall Improvement District; RMC 4-3-050, Critical Areas Regulations; RMC 4-3-090, Shoreline Master Program Regulations 4-2-060N 2 - 17 (Revised 5/18)Airport-related or aviation-related usesACHelipadsP111 H29 H29 H29 H H H78Helipads, commercialHH78M. STORAGEHazardous material storage, on site or off site, including treatmentH24 H24 H24Indoor storageP P P AC11 AC11 AC11 AC11 AC11 AC11Outdoor storage, existingP29 P29 P29 P64Outdoor storage, newP29 P29 P29 P64Self-service storageAD29 P59 P H22 H22Vehicle storageAD29 AD29 AD29WarehousingPPPN. INDUSTRIALIndustrial, GeneralAssembly and/or packaging operationsPPP P86Commercial laundries, existingP29 P29 P29 P4Commercial laundries, newP29 P29 P29Construction/contractor’s officePPPCraft distilleries with tasting rooms, small wineries, and micro-breweriesP PPPPPPIndustrial, heavyP14Laboratories: light manufacturingP29 P29 P29 AD P20 P3 AD54 P86USES:RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONSRC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF IL IM IH CN CV CA CD CO COR UCBlank=Not Allowed P#=Permitted AD=Administrative Conditional Use AC=Accessory UseP=Permitted Use provided condition can be met H=Hearing Examiner Conditional Use #=Condition(s)Uses may be further restricted by: RMC 4-3-020, Airport Related Height and Use Restrictions; RMC 4-3-040C, Uses Permitted in the Renton Automall Improvement District; RMC 4-3-050, Critical Areas Regulations; RMC 4-3-090, Shoreline Master Program Regulations 4-2-060O (Revised 5/18)2 - 18Laboratories: research, development and testingP28 P P H P20 AD3 AD H P86Manufacturing and fabrication, heavyH59 P67Manufacturing and fabrication, mediumP67 P67Manufacturing and fabrication, lightPPP PSolid Waste/RecyclingRecycling collection and processing centerP28 P28 P28 P29Recycling collection stationPPPPPPPPPSewage disposal and treatment plantsH59 HWaste recycling and transfer facilitiesH59 PO. UTILITIESCommunication broadcast and relay towersHHHHHHHHHH29H29H29HHHHHHElectrical power generation and cogenerationH H66 H66 H66 H66 H66 H66 H66 H66 H66Utilities, smallP5 P5 P5 P5 P5 P5 P5 P5 P5 P P P P P P P P P PUtilities, mediumAD5AD5AD5AD5AD5AD5AD5AD5AD5ADADADADADADADADADADUtilities, largeH5 H5 H5 H5 H5 H5 H5 H5 H5 H H H H H H H H H HP. WIRELESS COMMUNICATION FACILITIESAmateur radio antennaAD8 AD8 AD8 AD8 AD8 AD8 AD8 AD8 AD8 AD8 AD8 AD8 AD8 AD8 AD8Camouflaged WCFAD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD ADConcealed WCFAD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD ADUSES:RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONSRC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF IL IM IH CN CV CA CD CO COR UCBlank=Not Allowed P#=Permitted AD=Administrative Conditional Use AC=Accessory UseP=Permitted Use provided condition can be met H=Hearing Examiner Conditional Use #=Condition(s)Uses may be further restricted by: RMC 4-3-020, Airport Related Height and Use Restrictions; RMC 4-3-040C, Uses Permitted in the Renton Automall Improvement District; RMC 4-3-050, Critical Areas Regulations; RMC 4-3-090, Shoreline Master Program Regulations 4-2-060R 2 - 19 (Revised 5/18)(Ord. 4736, 8-24-1998; Ord. 4773, 3-22-1999; Ord. 4777, 4-19-1999; Ord. 4786, 7-12-1999; Ord. 4802, 10-25-1999; Ord. 4803, 10-25-1999; Ord. 4827, 1-24-2000; Ord. 4840, 5-8-2000; Ord. 4857, 8-21-2000; Ord. 4915, 8-27-2001; Ord. 4917, 9-17-2001; Amd. Ord. 4963, 5-13-2002; Ord. 4971, 6-10-2002; Ord. 4982, 9-23-2002; Ord. 4999, 1-13-2003; Ord. 5001, 2-10-2003; Ord. 5018, 9-22-2003; Ord. 5027, 11-24-2003; Ord. 5080, 6-14-2004; Ord. 5100, 11-1-2004; Ord. 5124, 2-7-2005; Major alterations to existing WCF structuresAD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD ADMinor alterations to existing WCF structuresPPPPPPPPPPPPPPPPPPPMonopole I support structuresH47H47H47H47H47H47H47H47H47H47H47H47H47H47H47H47H47H47Monopole II support structuresH47 H47 H47 H47 H47 H47 H47 H47 H47 H47 H47Small cells complying with a preferred concealment techniquePPPPPPPPPPPPPPPPPPPSmall cells submitting a concealment element planAD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD ADStealth towerAD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD ADQ. GENERAL ACCESSORY USESAccessory uses per RMC 4-2-050 and as defined in chapter 4-11 RMC, where not otherwise listed in Use TableAC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC ACR. TEMPORARY USESModel homes in an approved residential development: one model home on an existing lotP10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10Sales/marketing trailers, on-siteP10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10Storage yards or buildings used for constructionP10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10Temporary usesP10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10USES:RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONSRC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF IL IM IH CN CV CA CD CO COR UCBlank=Not Allowed P#=Permitted AD=Administrative Conditional Use AC=Accessory UseP=Permitted Use provided condition can be met H=Hearing Examiner Conditional Use #=Condition(s)Uses may be further restricted by: RMC 4-3-020, Airport Related Height and Use Restrictions; RMC 4-3-040C, Uses Permitted in the Renton Automall Improvement District; RMC 4-3-050, Critical Areas Regulations; RMC 4-3-090, Shoreline Master Program Regulations 4-2-070 (Revised 5/18)2 - 20 Ord. 5190, 12-12-2005; Ord. 5191, 12-12-2005; Ord. 5201, 4-17-2006; Ord. 5241, 11-27-2006; Ord. 5286, 5-14-2007; Ord. 5305, 9-17-2007; Ord. 5355, 2-25-2008; Ord. 5356, 2-25-2008; Ord. 5381, 5-12-2008; Ord. 5387, 6-9-2008; Ord. 5392, 6-23-2008; Ord. 5403, 7-21-2008; Ord. 5407, 9-15-2008; Ord. 5437, 12-8-2008; Ord. 5439, 12-8-2008; Ord. 5450, 3-2-2009; Ord. 5466, 7-13-2009; Ord. 5469, 7-13-2009; Ord. 5473, 7-13-2009; Ord. 5519, 12-14-2009; Ord. 5520, 12-14-2009; Ord. 5522, 12-14-2009; Ord. 5577, 11-15-2010; Ord. 5578, 11-15-2010; Ord. 5589, 2-28-2011; Ord. 5639, 12-12-2011; Ord. 5640, 12-12-2011; Ord. 5647, 12-12-2011; Ord. 5675, 12-3-2012; Ord. 5676, 12-3-2012; Ord. 5702, 12-9-2013; Ord. 5707, 3-24-2014; Ord. 5744, 1-12-2015; Ord. 5746, 1-12-2015; Ord. 5759 (Att. A), 6-22-2015; Ord. 5790 (Att. A), 4-25- 2016; Ord. 5798, 4-25-2016; Ord. 5837 (Atts. A, B), 6-12-2017; Ord. 5839 (Atts. A, B, C), 6-12- 2017; Ord. 5867 (Att. A), 12-11-2017; Ord. 5872 (Att. A), 12-11-2017; Ord. 5876 (Att. A), 1-22- 2018) 4-2-070 (Reserved) (Ord. 5387, 6-9-2008) 4-2-080A 2 - 21 (Revised 8/17) 4-2-080 CONDITIONS ASSOCIATED WITH ZONING USE TABLES: A. SUBJECT TO THE FOLLOWING CONDITIONS: 1. Specified uses are limited to locations within an existing or new golf course or regional park. 2. All operations shall be conducted entirely within an enclosed structure. a. Vehicles shall only be held on the property while being serviced and shall have an active repair or service invoice that shall be made available to the City upon the City’s request. b. Vehicle storage before or after service shall not be allowed. Vehicles held on the site shall be subject to the screen- ing and landscaping provisions in RMC 4-4-120, Storage Lots – Outside, unless enclosed within a building. c. Vehicle holding areas shall count toward the maximum lot coverage standard of the zone. d. Any overnight vehicle parking acces- sory to this use shall not be located in the front setback or in a side setback along a street. Additionally, in the CN or CV Zone, this use shall be associ- ated with a gas station. 3. These uses shall not be located on the ground floor of buildings in the Downtown Business District depicted in RMC 4-2- 080D. (Ord. 5804, 5-23-2016) 4. Existing commercial laundry uses may be continued and may be re-established for purposes of rebuilding upon unintentional destruction of property. Existing commer- cial laundry uses may not expand beyond their existing building footprint plus abutting easements, loading, or parking areas. Ren- ovations or alterations within the existing building footprint are permitted. Existing commercial laundry uses may add to the height of buildings provided that the height of the building not exceed forty two feet (42'), and that additional height be used for accessory office to support the commercial laundry uses. Existing offsite warehousing uses accessory to existing commercial laundry uses may be continued but shall not be expanded beyond their existing building footprint. 5. Aboveground public utility facilities, such as water towers, reservoirs, water treatment facilities, and pump stations shall be treated with public art, subject to approval by the Arts Commission. (Ord. 5790, 4-25- 2016) 6. Reserved. 7. Accessory dwelling units (ADUs) may be allowed as an accessory use to a detached single-family dwelling pursuant to the con- ditional use permit process. ADUs shall be subject to the development standards applicable to primary structures and con- sistent with the architectural character of the primary structure. The property owner shall file an affidavit affirming that the owner will occupy the principal dwelling or the ADU. Additionally, prior to the issuance of building permits the owner shall record a notice on the property title. The notice shall bear the notarized signature of all property owners listed on the property title and include: the legal description of the prop- erty, a copy of the approved site/floor plan, and the applicability of the restrictions and limitations regarding ADUs in RMC Title IV. No more than fifty (50) total ADUs may be permitted per calendar year. 8. A building-mounted amateur radio antenna that is six feet (6') or less in height or a free- standing, vertical monopole amateur radio antenna that is forty five feet (45') or less in height is permitted without a Conditional Use Permit. 9. Development consistent with a Master Plan approved pursuant to RMC 4-9-200, Mas- ter Plan and Site Plan Review, is consid- ered to be a permitted use. Other activities that are permitted include the addition of up to four (4) new portables, or changes in facilities not exceeding ten percent (10%) of gross floor area. Other proposed activi- ties require a Hearing Examiner Condi- tional Use Permit. 10. Specified uses are allowed consistent with the provisions of RMC 4-9-240, Temporary Use Permits. 4-2-080A (Revised 8/17)2 - 22 11. Storage of products shall be limited to prod- ucts related to retail, service, or office uses and shall not be located along the building street frontage or in areas visible to the public. 12. Specified use(s) shall be developed as part of a general offices building or a residential mixed use building, yet shall not occupy more than twenty five percent (25%) per building. 13. Reserved. 14. Marijuana producers and processors shall be located entirely within a permanently enclosed structure with a roof. 15. In the CD and CO Zones, outdoor retail sales are limited to farmer’s markets. In the RMF Zone, outdoor retail sales are limited to vending machines and retail product lockers. In all other zones, outdoor retail sales are limited to farmer’s markets, build- ing, hardware and garden products, vend- ing machines, and retail product lockers. Vending machines and retail product lock- ers shall comply with the following stan- dards: a. No more than two (2) units shall be permitted outside of a building; b. The maximum width of the combined units shall be no more than twelve feet (12'); c. The units shall not block any openings (e.g., windows, doors, etc.); d. The units shall not impede ADA accessibility; and e. The units shall not be located within a surface parking area or landscaped area, and shall be situated such that it abuts a building facade. (Ord. 5841, 6- 12-2017) 16. Attached dwelling units may be allowed through a Planned Urban Development pursuant to RMC 4-9-150, Planned Urban Development Regulations, and in confor- mance with the following: a. Mass Transit Facilities: At least fifty percent (50%) of the lot shall be located within one-quarter (1/4) mile (as the crow flies) of at least one of the following: i. Bus Stop: An official bus service stop that offers levels of service comparable to all of the following: (a) Service at least every ten (10) minutes during peak morning and evening travel times; (b) Fifteen (15) minute service during off-peak periods; (c) Scheduled service for late night/early mornings; (d) Full service seven (7) days a week. ii. Dedicated Park and Ride: A Park and Ride, as defined in RMC 4-11-160, Definitions P. iii. Commuter Rail: A passenger rail station. b. Mixed Use Building: The building shall incorporate commercial uses, with at least two (2) commercial uses on the ground floor: i. The two (2) required ground floor commercial uses shall be limited to retail sales, on-site services, eating and drinking establish- ments, and similar uses as deter- mined by the Administrator. ii. Additional commercial uses may be located above the ground floor, but shall be located below all dwelling units. iii. Industrial uses are prohibited. c. Building Form: The building shall be a minimum of eight (8) stories in height. Commercial space shall be provided on the ground floor at thirty feet (30') in depth along any street frontage. Averaging the minimum depth may be permitted through the site plan review process, provided no portion of the depth is reduced to less than twenty feet (20'). All commercial space provided on the ground floor shall have a minimum floor-to-ceiling height of fifteen feet (15'). Residential uses shall not be located on the ground floor along any public street frontage. 4-2-080A 2 - 23 (Revised 5/18) d. Structured Parking: Required park- ing for the dwelling units shall be pro- vided entirely within an attached structured parking facility. Any approved surface parking lots shall be located to the rear and/or side of the building. e. Prohibited Locations: The lot shall not be located within one thousand feet (1,000') of an adult retail or enter- tainment business located within the City of Renton. 17. Reserved. 18. Specified use(s) are not allowed within one thousand feet (1,000') of the centerline of Renton Municipal Airport runway. In the UC Zone, buildings adjacent to pedestrian-ori- ented streets, designated as such via Mas- ter Plan or similar document approved by the City, shall be mixed use with ground- floor commercial uses; in all other applica- ble Zones, buildings shall be mixed use with ground-floor commercial. Where required, commercial space shall be pro- vided on the ground floor at thirty feet (30') in depth along any street frontage. Averag- ing the minimum depth may be permitted through the site plan review process, pro- vided no portion of the depth is reduced to less than twenty feet (20'). All commercial space on the ground floor shall have a min- imum floor-to-ceiling height of fifteen feet (15'). Residential uses shall not be located on the ground floor along any street front- age. Residential uses are not permitted in the Benson, Cedar River, Talbot, or Valley Community Planning Areas. Community Planning Areas are identified in the City of Renton’s COR Maps, the City’s online interactive mapping application available through the City’s website. (Ord. 5778, 11- 16-2015) 19. Reserved. 20. Specified use(s) are not permitted within the Commercial and Mixed Use land use designation along Northeast Sunset Boule- vard, Northeast Fourth (4th) Street, or South Puget Drive. 21. Except for marinas, the use shall be housed in a structure containing one or more of the following uses: offices, resi- dences, hotels, convention centers, and/or research and development facilities. The requirements in this Section may be adjusted through the Master Plan process. 22. Self-service storage shall be part of a mixed use development. Retail sales uses in the CN Zone are limited to: flowers/plants and floral supplies; mini-marts; crafts, including supplies and finished products; gift shops; specialty markets; and other similar small scale, low-intensity commer- cial uses that serve nearby residents, as determined by the Community and Eco- nomic Development Administrator. 23. Reserved. 24. Use requires a Hearing Examiner Condi- tional Use Permit, unless that use is acces- sory in which case it is outright permitted. Use is not permissible in the area south of I- 405 and north of SW 16th Street, unless accessory, in which case it is outright per- mitted. Explosives and natural gas storage are not permissible in the IL Zone. 25. A preschool or day care center, when accessory to a public or community facility listed in RMC 4-2-060G, as it exists or may be amended, is considered a permitted use. 26. Reserved. 27. Reserved. 28. Industrial engine and transmission rebuild uses shall be conducted entirely indoors. In the CA Zone, body shops shall be con- ducted entirely indoors. For all other uses and zones, an Administrative Conditional Use Permit is required if operations are conducted outdoors. 29. Specified use(s) are only allowed in the Employment Area (EA) land use designa- tion west of Rainier Avenue South/ SR-167, provided: a. Gambling facilities, vehicle and equip- ment rental, and communication broadcast and relay towers are prohib- ited within the area south of I-405 and north of SW 16th Street. b. Outdoor storage (existing and new), vehicle storage, and large vehicle sales are only allowed in the area south of I-405 and west of Rainier Ave- 4-2-080A (Revised 5/18)2 - 24 nue South/SR-167. Outdoor storage is allowed as an accessory use in all industrial zones. (Ord. 5841, 6-12- 2017; Ord. 5867, 12-11-2017) 30. Except farmer’s markets, which are permit- ted in all industrial zones, the use is not allowed in the area south of I-405 and north of SW 16th Street. Lumberyards are not permitted in the IL Zone. 31. Reserved. 32. Reserved. 33. a. For lots zoned R-14 within the Sunset Area, as defined by Ordinance 5610 establishing a Planned Action for the Sunset Area, retail uses, eating/drink- ing establishments, and on-site ser- vice uses are prohibited unless they are accessory to a school, park, or entertainment and recreational use as allowed in RMC 4-2-060E, F and J. Commercial uses shall not be greater than five thousand (5,000) square feet of gross floor area. b. Specified uses are only permitted on the ground-floor level as part of a resi- dential project on R-14 zoned proper- ties fronting on South 7th Street. (Ord. 5839, 6-12-2017) 34. Reserved. 35. Sale of agricultural products is allowed as an accessory use, provided the conditions of RMC 4-4-015, Standards for Home Agri- cultural Sales and Agricultural Sales, are met. 36. Vehicles that have been towed shall be kept in a building. When not in use, towing trucks shall be kept in a building. Tow trucks are limited to Class A, B, and/or E. In the CA Zone, impound yards are prohibited and tow truck operations shall be a mixed use with either an auto body shop and/or a vehicle service and repair business. 37. Specified use(s) are prohibited in the area south of I-405 and north of SW 16th Street. (Ord. 5837, 6-12-2017) 38. Reserved. 39. Reserved. 40. Specified use(s) are permitted when located within the Commercial and Mixed Use (CMU) land use designation. 41. Reserved. 42. Specified uses are only permitted for prop- erties located along South 4th Street. (Amd. Ord. 4971, 6-10-2002; Ord. 5839, 6- 12-2017) 43. Reserved. 44. Reserved. 45. Reserved. 46. Reserved. 47. Monopoles are prohibited if located within three hundred feet (300') of residentially zoned property, unless the Administrator determines that all residentially zoned property within three hundred feet (300') of the proposed facility is undevelopable due to RMC 4-3-050, Critical Areas Regula- tions. 48. Reserved. 49. Reserved. 50. Manufactured homes shall be allowed only if in compliance with the Residential Design and Open Space Standards in RMC 4-2-115, as it exists or may be amended. 51. Reserved. 52. Card rooms are permitted when accessory to a permitted use where food and bever- ages are served on the premises and located in an area with an Employment Area (EA) land use designation and located south of I-405. In the case of the IM Zone, the location is further limited to IM-zoned areas south of SW 16th Street. Should any court of competent jurisdiction find that the City zoning for card rooms is unconstitu- tional or illegal, the City elects to permit the existing card rooms to continue operation as nonconforming legal uses and otherwise bans card rooms. 53. Reserved. 54. Specified use(s) are allowed outright in the Employment Area (EA) land use designa- tion. Outside the EA, the use shall be devel- oped as part of a mixed use building yet shall not occupy more than twenty five per- cent (25%) of a building whose primary use is general office or residential, and no more than twenty five percent (25%) of any one floor of an indoor recreation facility. 4-2-080A 2 - 25 (Revised 5/18) 55. Reserved. 56. Specified use(s) are prohibited within the Employment Area (EA). 57. Reserved. 58. Reserved. 59. The specified uses shall be prohibited within the area south of I-405 and north of SW 16th Street. 60. Reserved. 61. No drive-through service shall be permit- ted, except for financial institutions, and multi-story buildings in the CV and CD Zones, and uses permitted within the IL, IM, or IH Zones. Financial institutions are permitted a maximum of three (3) acces- sory drive-up windows that shall be part of the exterior wall of the financial institution structure. Drive-through lanes shall not be located between the street and the main pedestrian access to the buildings. These requirements may be adjusted through the site plan review process. 62. Reserved. 63. Reserved. 64. Specified use(s) are limited to storage in association with rental services. An Admin- istrative Conditional Use Permit is required within twelve hundred feet (1,200') of NE 4th Street. Use is prohibited within twelve hundred feet (1,200') of Sunset Boulevard. 65. Reserved. 66. Electrical power generation and co-genera- tion is permitted as an accessory use when located more than one hundred feet (100') from any property zoned for residential use, and producing less than ten (10) mega- watts of electricity. In the CO Zone, the use shall be accessory to a medical institution. 67. Chemical and allied products manufactur- ing operations, or operations that are con- ducted predominantly out of doors, require a Hearing Examiner issued Conditional Use Permit in the IM Zone, and an Admin- istrative Conditional Use Permit in the IH Zone, except that these uses are not per- missible in the area south of I-405 and north of SW 16th Street. 68. The use is permitted if conducted wholly within an enclosed building, or if the use is located within an Automall District pursuant to RMC 4-3-040 or an Industrial Zone (IL, IM, or IH). 69. Reserved. 70. Reserved. 71. Specified use(s) are only allowed south of I-405. 72. Reserved. 73. Garden style apartments are prohibited. Within the Center Village Zone, ground floor commercial development at a mini- mum of seventy five percent (75%) of the frontage of the building is required for all residential projects on parcels abutting NE Sunset Boulevard east of Harrington Ave- nue NE. 74. Reserved. 75. Reserved. 76. Reserved. 77. Specified use(s) are only permitted north of N. 8th Street and east of Logan Avenue North as part of a mixed use structure, lim- ited to training related to research and development, arts, computer sciences, business, culinary arts, medical-related fields and/or other knowledge-based indus- tries. 78. Specified use(s) are permitted in locations that are south of Gene Coulon Memorial Park, north of North Park Drive or west of Logan Avenue North, and east of the Cedar River. (Ord. 5867, 12-11-2017) 79. a. Big-box uses shall function as an anchor to larger retail developments that are planned as part of an inte- grated and cohesive center. b. Big-box use shall be connected to additional structures within a shopping center with supporting retail or service uses structures with common walls, or plazas, or other similar features, excluding pushcarts/kiosks. c. Buildings oriented along Park Avenue shall have one or more pedestrian entries on Park Avenue. 4-2-080A (Revised 5/18)2 - 26 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 “acces- sory” to the eating/drinking establish- ment. 81. Reserved. 82. Specified use(s) are permitted provided all of the following conditions are met: a. All development shall be architectur- ally and functionally integrated into the overall shopping center or mixed use development. Buildings shall be mixed use except for retail buildings with more than seventy five thousand (75,000) square feet, structured park- ing, and a maximum building footprint of sixty five thousand (65,000) square feet, or structures smaller than five thousand (5,000) square feet. Single- use retail buildings are not allowed east of Lake Washington Boulevard North; and b. In the UC Zone, buildings adjacent to pedestrian-oriented streets, as desig- nated via Master Plan or a similar doc- ument approved by the City, shall have ground-floor commercial uses. Where required, commercial space shall be provided on the ground floor at thirty feet (30') in depth along any street frontage. Averaging the minimum depth may be permitted through the site plan review process, provided no portion of the depth is reduced to less than twenty feet (20'). All commercial space on the ground floor shall have a minimum floor-to-ceiling height of fif- teen feet (15'); and c. Buildings oriented along Park Avenue shall have one or more pedestrian entries on Park Avenue. 83. Reserved. 84. Reserved. 85. Reserved. 86. Specified uses are limited to airplane man- ufacturing, biotechnology, life science, information technology (i.e., hardware, software, computer components), or other high technology industry. Except airplane manufacturing and associated uses, build- ings adjacent to pedestrian-oriented streets, designated as such via Master Plan or similar document approved by the City, shall have ground-floor commercial uses within them. 87. Specified use(s) are not allowed within one thousand feet (1,000') of the centerline of Renton Municipal Airport runway. 88. Reserved. 89. Reserved. 90. Reserved. 91. Reserved. 92. Specified use(s) shall be located within a mixed use structure. In the UC Zone, build- ings adjacent to pedestrian-oriented streets, designated as such via Master Plan or similar document approved by the City, shall have ground-floor commercial uses. Where required, commercial space shall be provided on the ground floor at thirty feet (30') in depth along any street frontage. Averaging the minimum depth may be permitted through the site plan review process, provided no portion of the depth is reduced to less than twenty feet (20'). All commercial space on the ground floor shall have a minimum floor-to-ceiling height of fifteen feet (15'). 93. Reserved. 94. Reserved. 95. Reserved. 96. Specified entertainment and sports uses shall not be permitted within one thousand feet (1,000') of the centerline of Renton Municipal Airport runway. Buildings adja- cent to pedestrian-oriented streets, desig- nated as such via Master Plan or similar document approved by the City, shall have ground-floor commercial uses within them. Convalescent centers are permitted only south of N. 8th Street, east of Logan Ave- nue North, north of North 6th Street, and west of Park Avenue North. 97. Reserved. 4-2-080A 2 - 27 (Revised 5/18) 98. Reserved. 99. Reserved. 100. Specified day care service uses shall not be permitted within one thousand feet (1,000') of the centerline of Renton Munici- pal Airport runway. Specified day care ser- vice uses must be located within a mixed use structure and be architecturally and functionally integrated into the overall shopping center or mixed use develop- ment. 101. Reserved. 102. Reserved. 103. Reserved. 104. Reserved. 105. Reserved. 106. Reserved. 107. Park and rides shall provide parking within a structured parking garage if located west or north of I-405. 108. Reserved. 109. Specified vehicle uses shall not be permit- ted in the area bounded by SW 7th Street, Shattuck Avenue, Airport Way and Hardie Avenue except when part of a mixed-use transit oriented development with struc- tured parking. 110. Reserved. 111. Helipad use is only permitted if the use and operation of the helipad is accessory to the primary residential use and it complies with all of the following conditions: a. There shall be only one aircraft use per single family residence. b. The use shall be limited to properties abutting Lake Washington with a mini- mum lake frontage of seventy five feet (75') as measured at the ordinary high water mark. c. The weight of the aircraft in use on the site shall not exceed six thousand (6,000) pounds. d. The helipad shall be approved by the Federal Aviation Administration (FAA), documented with a letter stating “no objection” or “no objection if certain conditions are met” for the establish- ment of the helipad site as the result of an FAA Aeronautical Study. If the FAA approval states “no objection if certain conditions are met,” the property owner shall maintain documentation that the conditions have been met and shall obtain the proper permits or approvals to meet those conditions, if required by federal, state, or local reg- ulation. Under no circumstances shall a helipad be permitted if the result of the FAA Aeronautical Study is “objec- tionable.” e. The helipad shall be approved by the FAA for arrivals and departures from the water side only. f. Arrival or departure of the aircraft shall occur between the hours of 7:00 a.m. and 10:00 p.m. except in case of emergency. A flight log shall be kept to document the time of all flights arriving or departing from the helipad. g. Documentation of compliance with the above conditions shall be provided to the City by the property owner, at the property owner’s expense, at the City’s request. 112. In the CV Zone, no office and conference uses are allowed for parcels fronting or tak- ing primary access from Edmonds Avenue NE. (Ord. 4186, 11-14-1988; Ord. 4404, 6-7-1993; Ord. 4432, 12-20-1993; Ord. 4466, 8-22-1994; Ord. 4631, 9-9-1996; Ord. 4736, 8-24-1998; Ord. 4773, 3-22-1999; Ord. 4777, 4-19-1999; Ord. 4786, 7-12-1999; Ord. 4802, 10-25-1999; Ord. 4803, 10-25-1999; Ord. 4827, 1-24-2000; Ord. 4840, 5-8-2000; Ord. 4847, 6-19-2000; Amd. Ord. 4963, 5-13-2002; Ord. 4982, 9-23-2002; Ord. 5001, 2-10-2003; Ord. 5018, 9-22-2003; Ord. 5027, 11-24-2003; Ord. 5028, 11-24-2003; Ord. 5080, 6-14-2004; Ord. 5100, 11-1-2004; Ord. 5124, 2-7-2005; Ord. 5191, 12-12-2005; Ord. 5241, 11-27-2006; Ord. 5286, 5-14-2007; Ord. 5305, 9-17-2007; Ord. 5355, 2-25-2008; Ord. 5356, 2-25-2008; Ord. 5369, 4-14-2008; Ord. 5381, 5-12-2008; Ord. 5392, 6-23-2008; Ord. 5403, 7-21-2008; Ord. 5407, 9-15-2008; Ord. 5432, 12-8-2008; Ord. 5436, 12-8-2008; Ord. 5437, 12-8-2008; Ord. 5466, 7-13-2009; Ord. 5471, 7-13-2009; Ord. 5473, 7-13-2009; Ord. 5520, 12-14-2009; Ord. 5529, 3-8-2010; Ord. 5577, 11-15-2010; Ord. 5639, 12-12-2011; Ord. 4-2-080B (Revised 5/18)2 - 28 5640, 12-12-2011; Ord. 5647, 12-12-2011; Ord. 5650, 12-12-2011; Ord. 5675, 12-3-2012; Ord. 5707, 3-24-2014; Ord. 5746, 1-12-2015; Ord. 5749, 1-12-2015; Ord. 5759, 6-22-2015) B. (Deleted by Ord. 5675, 12-3-2012) (Ord. 4722, 5-11-1998; Amd. Ord. 4963, 5-13-2002; Ord. 5355, 2-25-2008; Ord. 5437, 12-8-2008) C. (Deleted by Ord. 5357, 2-25-2008) (Ord. 4963, 5-13-2002) 4-2-080D 2 - 28.1 (Revised 5/18)Conflicts: See RMC 4-1-080.D. DOWNTOWN BUSINESS DISTRICT:(Amd. Ord. 4963, 5-13-2002; Ord. 5357, 2-25-2008; Ord. 5804, 5-23-2016; Ord. 5851, 8-7-17) (Revised 5/18)2 - 28.2 This page left intentionally blank. 4-2-080E 2 - 29 (Revised 8/17) E. ARTERIAL STREETS MAP: The map below is a conceptual arterial streets classification map provided for reference. The official Arterial Streets Map, which is on file in the Office of the City Clerk, is updated and adopted annually. (Ord. 4963, 5-13-2002; Ord. 5759 (Att. B), 2015) 4-2-080F (Revised 8/17)2 - 30 F. (Deleted by Ord. 5675, 12-3-2012) (Ord. 5100, 11-1-2004; Ord. 5191, 12-12-2005) 4-2-090 (Reserved) 4-2-100 ZONING STANDARDS TABLES: A. STANDARDS ESTABLISHED: The following tables contain density, dimension standards, and other limitations for the various zones. Additional development requirements found in these tables not related to zoning will also apply. B. TABLES: There are four (4) separate tables dealing with the following general land use categories and zones: RESIDENTIAL (RC, R-1, R-4, R-6, R-8, R-10, R-14) RESIDENTIAL MULTI-FAMILY (RMF) COMMERCIAL (CN, CV, CA, CD, CO, COR, UC) INDUSTRIAL (IL, IM, IH) (Ord. 5518, 12-14-2009; Ord. 5744, 1-12-2015; Ord. 5841, 6-12-2017) C. INTERPRETATION OF TABLES: Development standards are listed under each ap- plicable heading and the zones are listed at the left of each standard. The table cells contain the minimum and, in some cases, maximum require- ments of the zone. The small numbers (super- script) in a cell indicate additional requirements or detailed information which is not able to fit in the table format. A blank cell indicates there are no specific requirements. (Ord. 5518, 12-14-2009) C 2 - 31 (Revised 5/18) 4-2-110 RESIDENTIAL DEVELOPMENT STANDARDS 4-2-110A DEVELOPMENT STANDARDS FOR RESIDENTIAL ZONING DESIGNATIONS (PRIMARY AND ATTACHED ACCESSORY STRUCTURES) 4-2-110B DEVELOPMENT STANDARDS FOR RESIDENTIAL DEVELOPMENT (DETACHED ACCESSORY BUILDINGS) 4-2-110C DEVELOPMENT STANDARDS FOR RESIDENTIAL MANUFACTURED HOME PARK ZONING DESIGNATION 4-2-110D CONDITIONS ASSOCIATED WITH DEVELOPMENT STANDARDS TABLE FOR RESIDENTIAL ZONING DESIGNATIONS 4-2-110E ILLUSTRATIONS 4-2-110F (Repealed by Ord. 5759, 6-22-2015) 4-2-110G (Deleted by Ord. 5518, 12-14-2009) 4-2-110H (Deleted by Ord. 5518, 12-14-2009) 4-2-110I (Deleted by Ord. 5518, 12-14-2009) 4-2-110A (Revised 5/18)2 - 324-2-110A DEVELOPMENT STANDARDS FOR RESIDENTIAL ZONING DESIGNATIONS (PRIMARY AND ATTACHED ACCESSORY STRUCTURES) RCR-132R-410, 32R-6R-8R-10R-14RMFMinimum Net Density (per Net Acre)1, 15None 3 dwelling units4 dwelling units5 dwelling units307 dwelling units30Townhouse Development: n/aOther Attached Dwellings: 10 dwelling units30Maximum Net Density (per Net Acre, Except per Net 10 Acres in RC)2, 14, 151 dwelling unit1 dwelling unit7, 364 dwelling units6 dwelling units8 dwelling units3810 dwelling units2914 dwelling units2920 dwelling units29Maximum Number of Dwellings (per Legal Lot)21 dwelling with 1 accessory dwelling unit1 dwelling with 1 accessory dwelling unit71 dwelling with 1 accessory dwelling unit1 dwelling with 1 accessory dwelling unitDetached dwellings: 1 dwelling with 1 accessory dwelling unitAttached dwellings: n/aPer Maximum Net DensityMinimum Lot Size28, 3110 acres 1 acre39,000 sq. ft.347,000 sq. ft.345,000 sq. ft.34Detached dwellings: 4,000 sq. ft.Attached dwellings: n/aDetached dwellings: 3,000 sq. ft.Attached dwellings: n/an/aMinimum Lot Width31150 ft. 100 ft. 70 ft. 60 ft. 50 ft. 40 ft. 30 ft. Townhouse Development: 25 ft.Other Attached Dwellings: 50 ft.Minimum Lot Width31 (Corner Lots)175 ft. 110 ft. 80 ft. 70 ft. 60 ft. 50 ft. 40 ft. Townhouse Development: 30 ft.Other Attached Dwellings: 60 ft.Minimum Lot Depth31300 ft. 200 ft.3100 ft. 90 ft. 80 ft. 70 ft. 60 ft. Townhouse Development: 50 ft.Other Attached Dwellings: 65 ft.Minimum Front Yard4, 5, 3130 ft. 30 ft. 30 ft.3325 ft. 20 ft. except when all vehicle access is taken from an alley, then 15 ft.3915 ft.11, except when all vehicle access is taken from an alley, then 10 ft.39Townhouse Development: 10 ft.11Other Attached Dwellings: 20 ft.Minimum Rear Yard4, 22, 3135 ft. 30 ft. 25 ft.3325 ft. 20 ft.3915 ft.21, 3910 ft.21, 39Townhouse Development: 10 ft.13, 39Other Attached Dwellings: 15 ft.39 4-2-110A 2 - 33 (Revised 5/18)Minimum Side Yard4, 3125 ft. 15 ft. Combined 20 ft. with not less than 7.5 ft. on either side.Combined 15 ft. with not less than 5 ft. on either side.5 ft. Detached Units: 4 ft.Attached Units: 4 ft. for unattached side(s), 0 ft. for the attached side(s).23Detached Units: 4 ft.Attached Units: 4 ft. for unattached side(s), 0 ft. for the attached side(s).23Attached Units: 5 ft. for unattached side(s), 0 ft. for the attached side(s).13Minimum Secondary Front Yard4, 5, 31 (applies to Corner Lots)30 ft. 30 ft. 30 ft.3325 ft. 15 ft.1115 ft.1115 ft.11Townhouse Development: 10 ft.11Other Attached Dwellings: 20 ft.Maximum Building Coverage (including Primary and Accessory)10% 20% 35% 40% 50% 55% 65% Townhouse Development: 70%Other Attached Dwellings: 35%A maximum coverage of 45% may be allowed through the Hearing Examiner site development plan review process.Maximum Impervious Surface Area15% 25% 50% 55% 65% 70% 80% 75%Maximum Number of Stories32 3Maximum Wall Plate Height8, 9, 12, 18, 1932 ft. 24 ft. 24 ft., increase up to 32 ft. possible subject to administrative conditional use permit approval.32 ft.20Maximum Number of Units per Buildingn/a No more than 4 units per building.No more than 6 units per building.n/aMinimum Tree Density2 significant trees per 5,000 sq. ft.See RMC 4-4-130.Attached units: 4 significant trees per 5,000 sq. ft.See RMC 4-4-130.n/aRCR-132R-410, 32R-6R-8R-10R-14RMF 4-2-110A (Revised 5/18)2 - 34(Ord. 4869, 10-23-2000; Amd. Ord. 4963, 5-13-2002; Ord. 5100, 11-1-2004; Ord. 5132, 4-4-2005; Ord. 5153, 9-26-2005; Ord. 5306, 9-17-2007; Ord. 5355, 2-25-2008; Ord. 5383, 6-2-2008; Ord. 5387, 6-9-2008; Ord. 5401, 7-14-2008; Ord. 5450, 3-2-2009; Ord. 5473, 7-13-2009; Ord. 5518, 12-14-2009; Ord. 5526, 2-1-2010; Ord. 5528, 3-8-2010; Ord. 5529, 3-8-2010; Ord. 5531, 3-8-2010; Ord. 5590, 2-28-2011; Ord. 5649, 12-12-2011; Ord. 5650, 12-12-2011; Ord. 5675, 12-3-2012; Ord. 5702, 12-9-2013; Ord. 5726, 10-20-2014; Ord. 5744, 1-12-2015; Ord. 5759 (Att. C), 6-22-2015; Ord. 5790, 4-25-2016; Ord. 5791 (Att. A), 4-25-2016; Ord. 5798 (Att. A), 4-25-2016; Ord. 5841 (Att. A), 6-12-2017; Ord. 5867 (Att. B), 12-11-2017) Minimum Freeway Frontage Setback10 ft. landscaped setback from the street property line.Maximum Wireless Communication Facilities Height (including Amateur Radio Antennas)See RMC 4-4-140, Wireless Communication Facilities. Amateur radio antennas are allowed a maximum height of 6 feet without a Conditional Use Permit. Larger structures will have a maximum height determined by the Conditional Use Permit process, RMC 4-9-030, Conditional Use Permits.Design StandardsSee RMC 4-2-115, Residential Design and Open Space Standards.LandscapingSee RMC 4-4-070, Landscaping.Exterior LightingSee RMC 4-4-075, Lighting, Exterior On-Site.ScreeningSee RMC 4-4-095, Screening and Storage Height/Location Limitations.Exception for Pre-Existing Legal LotsSee RMC 4-10-010, Nonconforming Lots.RCR-132R-410, 32R-6R-8R-10R-14RMF 4-2-110B 2 - 35 (Revised 8/17) 4-2-110B DEVELOPMENT STANDARDS FOR RESIDENTIAL DEVELOPMENT (DETACHED ACCESSORY BUILDINGS) MAXIMUM NUMBER AND SIZE General RC, R-1, R-4, R-6, R-8, R- 10, R-14 and RMF Accessory structures shall only be allowed on lots in conjunction with a primary use. The total floor area of all accessory buildings shall not be greater than the floor area of the primary residential uses. The lot coverage of the primary residential structure combined with all accessory buildings shall not exceed the maximum lot coverage of the Zoning District.17 Accessory Dwelling Unit RC, R-1, R-4, R-6, R-8, R- 10 and R-14 1 unit per legal lot – 800 sq. ft. or 75% of primary residence, whichever is smaller.16 RMF n/a Other Types of Accessory Structures Allowed in Addition to Accessory Dwelling Unit RC and R-1 2 structures – max. 720 sq. ft. per structure, or 1 structure – max. 1,000 sq. ft. In addition, 1 barn or stable – max. 2,000 sq. ft., provided the lot is 5 acres or more. R-4, R-6, and R-8 2 structures – max. 720 sq. ft. per structure, or 1 structure – max. 1,000 sq. ft. R-10 and R-14 1 structure per residential unit – max. 400 sq. ft.; provided, that they are architecturally consistent with the principal structure. Except greenhouses, sheds, or other similar accessory structures – max. 150 sq. ft. MAXIMUM WALL PLATE HEIGHT18, 19 RC Accessory building – 12 ft. R-1, R-4, R-6, and R-8 Accessory building – 12 ft. Accessory dwelling units and animal husbandry or agricultural related structures are subject to the maximum wall plate height of subsection A of this Section, and associated conditions. Additionally, the structure shall not be taller than the primary dwelling. R-10 and R-14 Accessory building – 12 ft. Accessory dwelling unit and agricultural related structures are subject to the maximum wall plate height of subsection A of this Section, and associated conditions, except that the structure shall not be taller than the primary dwelling. RMF 25 ft. 20, except that the structure shall not be taller than the primary building(s). Maximum Height for Public Facilities shall be determined through site plan review. 4-2-110B (Revised 8/17)2 - 36 Maximum Height for Wireless Communication Facilities (Including Amateur Radio Antennas) RC, R-1, R-4, R-6, R-8, R- 10, R-14, and RMF See RMC 4-4-140, Wireless Communication Facilities. Freestanding vertical monopole amateur radio antennas are allowed a maximum height of 45 ft. without a Conditional Use Permit. Taller structures will have maximum height determined pursuant to RMC 4-9-030, Conditional Use Permits. LOCATION General RC, R-1, R-4, R-6, R-8, R- 10, R-14 and RMF 6 ft. from any residential structure. If sited closer than 6 ft., the structure will be considered to be attached. R-14 For any lot that abuts an alley, vehicular access to garages or carports shall be through the alley. When lots do not abut an alley, all garages and carports shall be located in the rear yard or side yard. MINIMUM SETBACKS Front Yard RC, R-1, R-4, R-6, R-8, R- 10, R-14 and RMF Setbacks applied to the primary structure also apply to accessory structures. Accessory structures shall not be located between the primary structure and a street.4 Side Yards for Accessory Buildings RC and R-1 5 ft., unless located between the rear of the house and the rear property line, then 0 ft. side yard is allowed. R-4, R-6, R-8, R-10, R-14 and RMF 3 ft., unless located between the rear of the house and the rear property line, then 0 ft. side yard is allowed. Side Yards for Accessory Dwelling Units RC 25 ft. R-1 25 ft. R-4 5 ft. R-6 5 ft. R-8 5 ft. R-10 and R-14 4 ft., except when along a street, then 8 ft. RMF n/a Rear Yards for Accessory Buildings RC 5 ft. R-1, R-4, R-6, R-8, R-10, R- 14 and RMF 3 ft., unless located between the rear of the house and the rear property line, then 0 ft. rear yard is allowed. Except for garages/carports accessed through alleys: to ensure adequate vehicular maneuvering area, garages and carports that are accessed through alleys shall be set back as follows: 1. 9 ft. garage doors shall be at least 26 ft. from the back edge of the alley, or 2. 16 ft. garage doors shall be at least 24 ft. from the back edge of the alley. 4-2-110B 2 - 37 (Revised 8/17) (Amd. Ord. 4963, 5-13-2002; Ord. 4999, 1-13-2003; Ord. 5100, 11-1-2004; Ord. 5132, 4-4-2005; Ord. 5450, 3-2-2009; Ord. 5473, 7-13-2009; Ord. 5518, 12-14-2009; Ord. 5590, 2-28-2011; Ord. 5675, 12-3-2012; Ord. 5726, 10-20-2014; Ord. 5744, 1-12-2015; Ord. 5759, 6-22-2015; Ord. 5790, 4-25-2016; Ord. 5841, 6-12- 2017) Rear Yards for Accessory Dwelling Units RC, R-1, R-4, R-6, R-8, R- 10, R-14 and RMF Accessory dwelling units that incorporate a garage/carport shall be set back as follows: 1. 9 ft. garage doors shall be at least 26 ft. from the back edge of the alley; or 2. 16 ft. garage doors shall be at least 24 ft. from the back edge of the alley. RC Determined through administrative review, to be no less than 10 ft. and no greater than 35 ft. from the back edge of the alley. R-1 and R-4 Determined through administrative review, to be no less than 10 ft. and no greater than 25 ft. from the back edge of the alley. R-6 and R-8 Determined through administrative review, to be no less than 5 ft. and no greater than 20 ft. from the back edge of the alley. R-10 and R-14 Determined through administrative review, to be no less than 5 ft. and no greater than 10 ft. from the back edge of the alley. RMF n/a Special Setbacks for Animal Husbandry or Agricultural Related Structures RC, R-1, R-4, R-6, R-8, R- 10, and R-14 Agricultural related structures – 50 ft. from any property line. Stables and other animal husbandry related structures, see RMC 4-4-010, Animal Keeping and Beekeeping Standards. RMF n/a Clear Vision Area RC, R-1, R-4, R-6, R-8, R- 10, R-14 and RMF In no case shall a structure over 42 in. in height intrude into the 20 ft. clear vision area defined in RMC 4-11-030. CRITICAL AREAS General RC, R-1, R-4, R-6, R-8, R- 10, and R-14 See RMC 4-3-050, Critical Areas Regulations, and 4-3-090, Shoreline Master Program Regulations. 4-2-110C (Revised 8/17)2 - 384-2-110CDEVELOPMENT STANDARDS FOR RESIDENTIAL MANUFACTURED HOME PARK ZONING DESIGNATIONNEW PARKDevelopment or RedevelopmentINDIVIDUAL MANUFACTURED HOME SPACESPrimary and Attached Accessory StructuresDETACHED ACCESSORY STRUCTURES5PARK AREA AND DENSITY1 (Net Density in Dwelling Units Per Net Acre)Minimum Park Site Area2 net acres.2NA NAMinimum Housing Density5 units per net acre.2NA NAMaximum Housing Density10 units per net acre.2NA NANUMBER OF RESIDENTIAL STRUCTURESMaximum NumberThe only permanent dwelling allowed on the mobile home park shall be the single family dwelling of the owner or manager.No more than 1 primary residential dwelling is allowed on each approved manufactured home space.On parcels at least 3,000 sq. ft. in size, only 1 detached building or structure is allowed; provided, the lot coverage requirement is not exceeded.LOT DIMENSIONSMinimum “Lot” Size for lots created after July 11, 19933,000 sq. ft. 3,000 sq. ft. 3,000 sq. ft.Minimum “Lot” Width for lots created after July 11, 199340 ft. for interior lots.50 ft. for corner lots.NA NAMinimum “Lot” Depth for lots created after July 11, 199375 ft. NA NAGeneral DesignEach lot shall be laid out so as to opti-mize view, privacy and other ameni-ties. Each lot shall be clearly defined.It shall be illegal to allow or permit any mobile home to remain in the mobile home park unless a proper space is available for it. NASETBACKS4Minimum Front YardNA 10 ft. 10 ft.Minimum Secondary Front YardNA 10 ft. 10 ft. 4-2-110C 2 - 39 (Revised 8/17)SETBACKS4 (Continued)Minimum Side YardNA 5 ft. for interior lots. 5 ft. for interior lots provided, that garages and carports shall be set back from the property “line” a suffi-cient distance to provide a minimum of 24 ft. of backout room either on-site or counting the accessway.Minimum Rear YardNA 5 ft. 5 ft. provided, that garages and car-ports shall be set back from the property line a sufficient distance to provide a minimum of 24 ft. of back-out room either on-site or counting the accessway.Minimum Freeway Frontage Setback10 ft. landscaped setback from the street property line.10 ft. landscaped setback from the street property line.10 ft. landscaped setback from the street property line.Setbacks for Mobile Home Parks Constructed Before 8-1-2010NAYard abutting a public street: 20 ft.Any yard abutting an exterior property boundary of the mobile home park: 5 ft.Minimum distance between mobile homes: 15 ft.Minimum distance between canopy and mobile home on an abutting lot: 5 ft.Setbacks from all other “lot lines”: 0 ft. (see RMC 4-2-110E)Yard abutting a public street: 20 ft.Any yard abutting an exterior property boundary of the mobile home park: 5 ft.Minimum distance between struc-ture and mobile home on an abut-ting lot: 5 ft.Setbacks from all other “lot lines”: 0 ft.Setbacks for Other UsesTo be determined through the land use review process.NA NADEVELOPMENT STANDARDS FOR RESIDENTIAL MANUFACTURED HOME PARK ZONING DESIGNATIONNEW PARKDevelopment or RedevelopmentINDIVIDUAL MANUFACTURED HOME SPACESPrimary and Attached Accessory StructuresDETACHED ACCESSORY STRUCTURES5 (Revised 8/17)2 - 40/76 This page left intentionally blank. 4-2-110C 2 - 77 (Revised 3/17)Conflicts: See RMC 4-1-080.SETBACKS4 (Continued)Clear Vision AreaIn no case shall a structure over 42 in. in height intrude into the 20 ft. clear vision area defined in RMC 4-11-030.In no case shall a structure over 42 in. in height intrude into the 20 ft. clear vision area defined in RMC 4-11-030.In no case shall a structure over 42 in. in height intrude into the 20 ft. clear vision area defined in RMC 4-11-030.PRIVATE STREET IMPROVEMENTSOn-Site Private Streets, Curbs and SidewalksAsphaltic or concrete streets and con-crete curbings shall be provided to each lot. The minimum width of streets shall be 30 ft. Concrete sidewalks of at least 5 ft. in width shall be placed along at least 1 side of each street or located in the back or side of each lot so that there is sidewalk access to all lots. Sidewalks shall be made of per-meable material to the extent required by the Surface Water Design Manual.NA NAIllumination: A street lighting plan shall be approved if it provides suffi-cient illumination between sunset and sunrise to illuminate adequately the roadways and walkways within a mobile home park.NA NABUILDING STANDARDSMaximum Building Height and Maximum Number of Stories30 ft. 30 ft. 15 ft.DEVELOPMENT STANDARDS FOR RESIDENTIAL MANUFACTURED HOME PARK ZONING DESIGNATIONNEW PARKDevelopment or RedevelopmentINDIVIDUAL MANUFACTURED HOME SPACESPrimary and Attached Accessory StructuresDETACHED ACCESSORY STRUCTURES5 4-2-110C (Revised 3/17)2 - 78 Conflicts: See RMC 4-1-080.Maximum Height for Wireless Communication FacilitiesSee RMC 4-4-140. See RMC 4-4-140. See RMC 4-4-140.BUILDING STANDARDS (Continued)Maximum Building Coverage(Including the primary manu-factured home and all enclosed accessory struc-tures and required deck or patio)NA 60%. The building coverage of the pri-mary residential structure along with all accessory buildings shall not exceed the maximum building cov-erage of this Zoning District.LANDSCAPINGGeneralSee RMC 4-4-070. See RMC 4-4-070. NARECREATION AREAGeneralA minimum of 10% of the total area of the park shall be reserved and shall be used solely and exclusively for a play-ground-recreation area.NA NAPARKINGMinimum RequirementsSee RMC 4-4-080.Each mobile home lot shall have a minimum of 2 off-street automobile parking spaces.Attached and detached garages and car-ports shall be set back from the property “line” a sufficient distance to provide a mini-mum of 24 ft. of backout room either on-site or counting the accessway.Each mobile home lot shall have a minimum of 2 off-street automobile parking spaces.Attached and detached garages and carports shall be set back from the property “line” a sufficient distance to provide a minimum of 24 ft. of backout room either on-site or counting the accessway.DEVELOPMENT STANDARDS FOR RESIDENTIAL MANUFACTURED HOME PARK ZONING DESIGNATIONNEW PARKDevelopment or RedevelopmentINDIVIDUAL MANUFACTURED HOME SPACESPrimary and Attached Accessory StructuresDETACHED ACCESSORY STRUCTURES5 4-2-110C 2 - 79 (Revised 8/17)(Ord. 3902, 4-22-1985; Ord. 4404, 6-7-1993; Amd. Ord. 4963, 5-13-2002; Ord. 5450, 3-2-2009; Ord. 5528, 3-8-2010; Ord. 5575, 11-15-2010; Ord. 5676, 12-3-2012; Ord. 5746, 1-12-2015; Ord. 5828, 12-12-2016; Ord. 5841 (Att. B), 6-12-2017)PATIO OR DECKGeneralNAA concrete patio or deck of not less than 125 sq. ft. with a minimum width of 8 ft. shall be provided for each mobile home park lot cre-ated after the effective date of this Section (9-19-1983). These structures will be counted toward the maximum lot coverage.A concrete patio or deck of not less than 125 sq. ft. with a minimum width of 8 ft. shall be provided for each mobile home park lot created after the effective date of this Sec-tion (9-19-1983). These structures will be counted toward the maximum lot coverage.SIGNSGeneralSee RMC 4-4-100. NA NAEXCEPTIONSPre-Existing “Lots”NANothing herein shall be determined to pro-hibit the construction of single family dwell-ing or manufactured home and its accessory building on a previously approved manufac-tured home “lot” provided that all setback, lot coverage, height limits, infrastructure, and parking requirements for this zone can be satisfied and provisions of RMC 4-3-050, Critical Areas, can be met.Nothing herein shall be determined to prohibit the construction of single family dwelling or manufactured home and its accessory building on a previously approved manufac-tured home “lot” provided that all setback, lot coverage, height limits, infrastructure, and parking require-ments for this zone can be satisfied and provisions of RMC 4-3-050, Critical Areas Regulations, can be met.CRITICAL AREASGeneralSee RMC 4-3-050 and 4-3-090. See RMC 4-3-050 and 4-3-090. See RMC 4-3-050 and 4-3-090.DEVELOPMENT STANDARDS FOR RESIDENTIAL MANUFACTURED HOME PARK ZONING DESIGNATIONNEW PARKDevelopment or RedevelopmentINDIVIDUAL MANUFACTURED HOME SPACESPrimary and Attached Accessory StructuresDETACHED ACCESSORY STRUCTURES5 4-2-110D (Revised 8/17)2 - 80 4-2-110D CONDITIONS ASSOCIATED WITH DEVELOPMENT STANDARDS TABLE FOR RESIDENTIAL ZONING DESIGNATIONS 1. a. Phasing, shadow platting, or land reserves may be used to satisfy the minimum density requirements if the applicant can demonstrate that the current development would not pre- clude the provision of adequate access and infrastructure to future development and would allow for the eventual satisfaction of minimum den- sity requirements through future development. Within the Urban Cen- ter, surface parking may be consid- ered a land reserve. b. In the event the applicant can show that minimum density cannot be achieved due to lot configuration, lack of access, environmental or physical constraints, minimum density require- ments may be waived. 2. Use-related provisions are not variable. Use-related provisions that are not eligible for a variance include: building size, units per structure/lot, or densities. Unless bonus size or density provisions are spe- cifically authorized, the modification of building size, units per structure, or densi- ties requires a legislative change in the code provisions and/or a Comprehensive Plan amendment/rezone. 3. Within designated urban separators, clus- tering is required; individual lots shall not be less than ten thousand (10,000) square feet and development shall be consistent with RMC 4-3-110, Urban Separator Over- lay Regulations. Outside of designated urban separators, clustering may be allowed in order to meet objectives such as preserving significant natural features, providing neighborhood open space, or facilitating the provision of sewer service. The maximum net density shall not be exceeded; except within urban separators a density bonus may be granted allowing the total density to achieve one dwelling unit per gross contiguous acre. In order for the bonus to be allowed, projects must provide native vegetation cover (either existing or new) on sixty five percent (65%) of the gross area of all parcels in the land use action, including both the area within and outside the open space corridor. In addition, projects shall provide at least one of the following: a. Enhancement of wetlands at a ratio of one-half (1/2) acre enhanced for one acre delineated within the urban sep- arator pursuant to RMC 4-3-050M12b, Evaluation Criteria, and RMC 4-3-050M12c, Wetlands Chosen for Enhancement. Enhance- ment proposed for a density bonus may not also be used for a mitigation for other wetland alterations; or b. The removal of and/or bringing into conformance with Renton standards of legal nonconforming uses from the site; or c. Natural surface pedestrian trails with public access. The trails can be part of an adopted trail system or, where there is no planned trail system, of a configuration approved by the Com- munity and Economic Development Administrator. In the absence of either wetlands or legal nonconforming uses on the site, public access and trails shall be provided and approved by the Community and Economic Develop- ment Administrator. 4. Allowed Projections into Setbacks: a. Fireplace Structures, Windows: Fire- place structures, bay or garden win- dows, enclosed stair landings, and similar structures as determined by the Zoning Administrator may project twenty four inches (24") into any set- back; provided, such projections are: i. Limited to two (2) per facade. ii. Not wider than ten feet (10'). b. Fences, Rockeries, and Retaining Walls: See RMC 4-4-040, Fences, Hedges, and Retaining Walls. c. Steps and Decks: Uncovered steps and decks not exceeding eighteen inches (18") above the finished grade 4-2-110D 2 - 81 (Revised 5/18) may project to any property line. Uncovered steps and decks having no roof covering and not exceeding forty two inches (42") high may be built within the front yard setback. d. Eaves: Eaves and cornices may proj- ect up to twenty four inches (24") into any required setback. e. Porches and Stoops: May project into front setbacks up to eight feet (8') and into side setbacks along a street up to five feet (5'). f. Overhead Weather Protection: Roofs and awnings situated above pedes- trian entryways may extend up to five feet (5') into a required setback and may extend no wider than three feet (3') on either side of the entryway. g. Accessibility Ramps: Ramps required for barrier free access, and meeting all Building Code requirements includ- ing slope and handrails, may intrude into required setbacks. This exemp- tion will be limited to the extent neces- sary to meet the Building Code requirements. h. Cisterns and Rain Barrels: Rain bar- rels, cisterns, and other rainwater catchment systems may intrude into a required setback as follows: i. Elements are not permitted in the front setback. ii. Elements which are less than fifty four inches (54") above finished grade and contain up to six hun- dred (600) gallons may intrude into a side or rear setback a dis- tance no greater than twenty per- cent (20%) of that setback, but must maintain at least three feet (3') of undisturbed setback. iii. Elements which are greater than fifty four inches (54") above fin- ished grade or contain over six hundred (600) gallons shall not intrude upon side and rear set- back requirements. i. Arbor, Pergola or Trellis: Allowed in required yard setbacks if they meet the following provisions: i. The length of any side shall not exceed twelve feet (12') and the footprint shall not exceed eighty (80) square feet, inclusive of eaves; ii. A maximum height from finished grade to the top of the structure of ten feet (10'); iii. Both sides and roof shall be at least fifty percent (50%) open, or, if latticework is used, there shall be a minimum opening of two inches (2") between crosspieces. iv. Limited to two (2) such structures per lot. j. Heating, Ventilation, and Air Condi- tioning (HVAC) Systems: HVAC Sys- tems may extend into any side or rear yard setback. (Ord. 5833, 4-3-2017) 5. The minimum front yard and secondary front yard setback for lots that abut required turnarounds (cul-de-sacs and hammerheads) may be reduced, excluding garage setbacks, to no less than five feet (5'), subject to the following: a. The maximum building coverage can- not be attained without a reduction of the front yard and/or secondary front yard setback; and b. The setback reduction is the minimum necessary to attain the allowed build- ing coverage; and c. If a setback reduction is approved under this provision the exceptions to setbacks pursuant to subsection D4 of this Section (Allowed Projections into Setbacks) shall apply unless the proposed projection is closer than five feet (5') to the property line/easement, except for eaves, which may encroach the minimum five feet (5') setback as specified in subsection D4 of this Section. d. The setback reduction may com- mence at a right angle to the point at which the right-of-way, tract or ease- ment begins to expand to form the turnaround. (Ord. 5841, 6-12-2017) 6. Reserved. (Ord. 5841, 6-12-2017; Ord. 5867, 12-11-2017) 4-2-110D (Revised 5/18)2 - 82 7. In the R-1 zone, assisted living facilities are eligible for bonus density pursuant to RMC 4-9-065, Density Bonus Review. The maximum number of assisted living dwell- ing units per lot is equal to maximum net density of the zone coupled with any approved density bonus pursuant to RMC 4-9-065, Density Bonus Review. 8. In no case shall building height exceed the maximum allowed by the Airport Related Height and Use Restrictions, for uses located within the Federal Aviation Admin- istration Airport Zones designated under RMC 4-3-020. 9. The allowed height of public facilities shall be determined through site plan review. 10. Reserved. (Ord. 5842, 6-12-2017) 11. Except for alley-accessed garages con- forming to subsection D39 of this Section, the vehicle entry for a garage or carport shall be set back twenty feet (20') from the property line where vehicle access is pro- vided; all other facades of a garage shall be subject to the applicable zone’s mini- mum setback. 12. Roofs of Modulated Facades: Wall plates of a modulated portion of a building may exceed the maximum wall plate height if the roof surface does not exceed the ridgeline of the primary roof surface. Such facade modulations shall be no wider than ten feet (10') or twenty five percent (25%) of the building elevation, whichever is greater. 13. If the lot abuts a single family residential zone (RC through R-14) a fifteen foot (15') setback shall be required along the abut- ting side(s) of the property. 14. For plats that create lots of a size large enough to allow future division under cur- rent lot size minimums and allow the potential to exceed current density maxi- mums, covenants shall be filed as part of the final plat requiring that future division of those lots in question must be consistent with the maximum density requirements as measured within the plat as a whole as of the time of future division, as well as the general lot size and dimension minimums then in effect. 15. Accessory dwelling units shall not be included in density calculations. 16. The square foot calculation shall not include porches, exterior stairs, or garages. 17. The lot coverage of accessory dwelling units shall not be calculated towards maxi- mum building/lot coverage. 18. Vertical Projections from Wall Plates: a. Roofs with a pitch equal to or greater than 4:12 may project an additional six (6) vertical feet from the maximum wall plate height. If the height of wall plates on a building are less than the stated maximum the roof may project higher to account for the difference, yet the combined height of both fea- tures shall not exceed the combined maximums (e.g., if the maximum wall plate height of a zone is twenty-four feet (24') and the wall plates of a structure are no taller than twenty feet (20'), the roof may project up to ten feet (10') instead of six feet (6')). Com- mon rooftop features, such as chim- neys, may project an additional four (4) vertical feet from a roof surface. b. The topmost surface of roofs pitched less than 4:12 and rooftop decks shall be below the maximum wall plate height unless such surfaces are stepped back one-and-a-half (1.5) horizontal feet from each minimum building setback line for each one ver- tical foot above the maximum wall plate height, in which case they may extend up to six (6) vertical feet above the maximum wall plate height. Deck enclosures (i.e., railings) located above the maximum wall plate height and not stepped back shall be con- structed of transparent tempered glass or its equivalent, as determined by the Administrator. (Ord. 5841, 6- 12-2017) 19. Shed Roofs: Wall plates supporting a pri- mary roof surface that has only one slop- ing plane (e.g., shed roof) may exceed the stated maximum if the average of wall 4-2-110D 2 - 82.1 (Revised 8/17) plate heights is equal to or less than the maximum wall plate height allowed. 20. An additional ten feet (10') of maximum wall plate height and an additional story for a residential dwelling structure may be obtained through the provision of addi- tional amenities such as additional recre- ation facilities, underground parking, and additional landscaped open space areas; as determined through the site develop- ment plan review process and depending on the compatibility of the proposed build- ings with adjacent or abutting existing resi- dential development. The maximum wall plate height of a residential structure shall not exceed forty two feet (42'). 21. The Community and Economic Develop- ment Administrator or designee may mod- ify this provision through the site development plan review process where it is determined that specific portions of the required on-site perimeter landscaping strip may be developed and maintained as a usable public open space with an open- ing directly to a public entrance. 22. Corner lots required to have a front yard and a secondary front yard are relieved of the requirement to have a rear yard; in place of a rear yard setback, the side yard setback of the zone shall apply. (Ord. 5841, 6-12-2017) 23. Reserved. 24. Reserved. 25. Reserved. 26. Reserved. 27. Reserved. 28. For lots created after November 10, 2004. 29. A density bonus may be granted for devel- opments that satisfy the criteria and stan- dards of RMC 4-9-065, Density Bonus Review. 30. Minimum density requirements shall not apply to the renovation or conversion of an existing structure. Additionally, in the R-l zone only, minimum density requirements shall not apply to the subdivision or devel- opment of a legal lot one-half (1/2) gross acre or less in size as of March 1, 1995. 31. In order to meet the variation requirements of RMC 4-2-115, lot dimensions and set- backs are allowed to be decreased and/or increased; provided, that when averaged the applicable lot standards of the zone are met. The minimum front and rear yard setback reduction shall be limited to two and one-half feet (2.5') or ten percent (10%), whichever is greater. The minimum lot width and lot area reduction shall be limited to ten percent (10%) of the lot width and lot area of the zone. The variation requirements of RMC 4-2-115 do not require variations to the lot depth require- ments; therefore the averaging provision is not applicable to the minimum lot depth requirements. (Ord. 5841, 6-12-2017) 32. Reserved. (Ord. 5842, 6-12-2017) 33. In the R-4 zone, the following exceptions apply: a. When parking is provided in the rear yard of the lot with access from a pub- lic right-of-way or alley the minimum front yard shall be twenty feet (20'). b. The Administrator may reduce the setback by a maximum of fifty percent (50%) of the required setback when all of the following conditions apply: i. The setback that was required at the time of initial construction was less than the current requirement; ii. A reduced setback is appropriate given the character of the imme- diate neighborhood; and iii. There are no other alternative locations that can reasonably accommodate the request with- out encroaching into a setback. 34. For short plats of parcels smaller than one acre, one parcel may be allowed to be smaller than the required minimum lot size indicated in subsection A of this Section, Residential Development Standards. If all other parcels meet the required minimum lot size standard of the zone, one parcel may be allowed to meet the following reduced minimum lot size (not applicable for cluster development): a. R-4: Eight thousand (8,000) square feet. b. R-6: Six thousand two hundred fifty (6,250) square feet. 4-2-110D (Revised 8/17)2 - 82.2 c. R-8: Four thousand five hundred (4,500) square feet. (Ord. 5841, 6-12- 2017) 35. Reserved. 36. For parcels that are in designated urban separators in the R-1 zone, up to one unit per gross acre may be permitted subject to conditions in RMC 4-3-110, Urban Separa- tor Overlay Regulations. 37. Reserved. 38. For parcels in the R-8 zone, the maximum density shall be six (6) dwelling units per net acre when alleys are not part of the proposed or existing street configuration, and alleys are considered practical, as specified in RMC 4-7-150E5, Alley Access. 39. In the R-8, R-10, R-14, and RMF zones: To ensure adequate vehicular maneuver- ing area, garages and carports that are accessed through alleys shall be set back as follows: a. Nine-foot (9') garage doors shall be at least twenty six feet (26') from the back edge of the alley; or b. Sixteen-foot (16') garage doors shall be at least twenty four feet (24') from the back edge of the alley. (Amd. Ord. 4963, 5-13-2002; Ord. 5100, 11-1-2004; Ord. 5132, 4-4-2005; Ord. 5153, 9-26-2005; Ord. 5306, 9-17-2007; Ord. 5355, 2-25-2008; Ord. 5383, 6-2-2008; Ord. 5473, 7-13-2009; Ord. 5518, 12-14-2009; Ord. 5528, 3-8-2010; Ord. 5531, 3-8-2010; Ord. 5573, 11-15-2010; Ord. 5590, 2-28-2011; Ord. 5650, 12-12-2011; Ord. 5676, 12-3-2012; Ord. 5726, 10-20-2014; Ord. 5744, 1-12-2015; Ord. 5749, 1-12-2015; Ord. 5759, 6-22-2015; Ord. 5790, 4- 25-2016; Ord. 5791, 4-25-2016; Ord. 5798, 4-25- 2016) 4-2-110E Exceptions and additional standards are located in RMC 4-2-080.2 - 83 (Revised 6/09) 4-2-110E ILLUSTRATIONS: 4-2-110E (Revised 6/09)2 - 84 Exceptions and additional standards are located in RMC 4-2-080. 4-2-110E Exceptions and additional standards are located in RMC 4-2-080.2 - 85 (Revised 3/10) 4-2-110E (Revised 3/10)2 - 86 Exceptions and additional standards are located in RMC 4-2-080. 4-2-110E Exceptions and additional standards are located in RMC 4-2-080.2 - 87 (Revised 4/11) 4-2-110E (Revised 4/11)2 - 88 Exceptions and additional standards are located in RMC 4-2-080.(Amd. Ord. 4963, 5-13-2002; Ord. 5100, 11-1-2004; Ord. 5450, 3-2-2009; Ord. 5518, 12-14-2009; Ord. 5575, 11-15-2010) 4-2-115B 2 - 89 (Revised 8/17) 4-2-110F (Repealed by Ord. 5759, 6-22-2015) 4-2-110G(Deleted by Ord. 5518, 12-14-2009) 4-2-110H (Deleted by Ord. 5518, 12-14-2009) 4-2-110I (Deleted by Ord. 5518, 12-14-2009) 4-2-115 RESIDENTIAL DESIGN AND OPEN SPACE STANDARDS: A. PURPOSE: 1. These Residential Design and Open Space Standards are conceived to imple- ment policies established in the Land Use El- ement of the Comprehensive Plan, enhance quality of life by encouraging new residential development to produce beautiful neighbor- hoods of well-designed homes, and to miti- gate adverse impacts of density for the neighborhood and the surrounding commu- nity. These standards are divided into three (3) areas: a. Site Design: Quality neighborhoods are characterized by well landscaped, safe, pedestrian oriented streets fronted by a variety of housing types. These qualities are enhanced by lots in a variety of sizes and widths and by homes which vary in scale and massing, each with a prominent entry and generous fenestra- tion facing the street. Garages, while a necessity to today’s lifestyles, should not visually dominate the streetscape. b. Open Space: In order to provide res- idents with a livable community, private and public open space shall be provided. Public open spaces shall be located so that a hierarchy and/or variety of open spaces throughout the neighborhood is created. c. Residential Design: Key character- istics of attractive neighborhoods include variety of housing architectural styles, enhanced by attention to selection of ex- terior materials, colors, and architectural detailing. 2. This Section lists elements that are re- quired to be included in all residential devel- opment in the zones stated in subsection B of this Section. Each element includes both standards and guidelines. Standards are pro- vided for predictability. These standards specify a prescriptive manner in which the re- quirement can be met. Guidelines for each el- ement are provided for flexibility. These guidelines provide direction for those who seek to meet the required element in a man- ner that is different from the standards. a. The determination as to the satisfac- tion of the requirement through the use of the guidelines is to be made by the Com- munity and Economic Development Ad- ministrator when no other permit or approval requires Hearing Examiner re- view. b. When it has been determined that the proposed manner of meeting the de- sign requirement through guidelines is sufficient, the applicant shall have satis- fied that design requirement. (Ord. 5676, 12-3-2012; Ord. 5759, 6-22-2015) B. APPLICABILITY: 1. This Section shall apply to all new dwell- ing units in the following zones: Resource Conservation (RC), Residential-1 (R-1), Res- idential-4 (R-4), Residential-6 (R-6), Resi- dential-8 (R-8), Residential-10 (R-10), and Residential-14 (R-14), and unit lot subdivi- sions within the RMF zone. The standards of the Site Design subsection are required to be addressed at the time of subdivision applica- tion. The standards of the Residential Design subsection are required to be addressed at the time of application for building permits. The standards of Residential Design are re- quired to be addressed for the building for which the building permit is being issued. (Ord. 5744, 1-12-2015; Ord. 5759, 6-22- 2015; Ord. 5818, 10-17-2016) 2. Additions and/or expansions to detached or attached dwellings that are valued at fifty thousand dollars ($50,000.00) or more, or at 4-2-115C (Revised 8/17)2 - 90 fifty percent (50%) or greater of the most re- cent assessment or appraisal shall require that the entire dwelling or structure comply with the standards of the Residential Design subsection. 3. When new dwelling units are created in the Residential Ten Dwelling Units per Acre (R-10) and Residential Fourteen Dwelling Units per Acre (R-14) zones, any existing dwelling units included in the development shall comply with the standards of this Sec- tion. (Ord. 5649, 12-12-2011; Ord. 5675, 12-3-2012; Ord. 5726, 10-20-2014) C. EXEMPTIONS: The design regulations shall not apply to interior remodels of existing buildings or structures pro- vided the alterations do not modify the building fa- cade. D. ADMINISTRATION: 1. Review Process: Applications subject to these design regulations shall be processed as a component of the governing land use process. 2. Authority: The Administrator shall have the authority to approve, approve with condi- tions, or deny proposals based upon the pro- visions of these design regulations when no other permit or approval requires Hearing Ex- aminer review. Proposals will be considered on the basis of individual merit, the overall in- tent of the standards and guidelines, and cre- ative design alternatives will be encouraged in order to achieve the purposes of the design regulations. (Ord. 5676, 12-3-2012; Ord. 5726, 10-20-2014) E. REQUIREMENTS: 1. Site Design: LOT CONFIGURATION: Variety in the configuration of lots enhances the image of variety of hous- ing stock and helps minimize perceptions of monotony. Guidelines: Developments shall create pedestrian oriented environments and amplify the mutual relationship between housing units, roads, open space, and pedestrian amenities, while also protecting the privacy of individuals. Lots shall be configured to encourage variety within the development. To the maximum extent practicable as defined by the Surface Water Design Manual, retain soils with potential for infiltration. Standards: RC, R-1, and R-4 n/a R-6 and R- 8 One of the following is required of preliminary plat applications: 1. Lot width variation of ten feet (10') minimum of one per four (4) abutting street- fronting lots, or 2. Minimum of four (4) lot sizes (minimum of four hundred (400) gross square feet size difference) for street-fronting lots, or 3. A front yard setback variation of at least five feet (5') minimum for at least every four (4) abutting street fronting lots. All zones Lots shall be configured to achieve both of the following: 1. The location of stormwater infiltrating LID facilities is optimized, consistent with the Surface Water Design Manual. Building and property line setbacks are specified in the Surface Water Design Manual for infiltration facilities. 2. Soils with good infiltration potential for stormwater management are preserved to the maximum extent practicable as defined by the Surface Water Design Manual. 4-2-115E 2 - 91 (Revised 8/17) R-10 and R-14 Developments of more than four (4) structures shall incorporate a variety of home sizes, lot sizes, and unit clusters. Dwellings shall be arranged to ensure privacy so that side yards abut other side yards (or rights-of-way) and do not abut front or back yards. Lots accessed by easements or pipestems shall be prohibited. GARAGES: The minimization of the visual impact of garages contributes to creating communities that are oriented to people and pedestrians, as opposed to automobiles. Guidelines: The visual impact of garages shall be minimized, while porches and front doors shall be the emphasis of the front of the home. Garages shall be located in a manner that minimizes the presence of the garage and shall not be located at the end of view corridors. Alley access is encouraged. If used, shared garages shall be within an acceptable walking distance to the housing unit it is intended to serve. Standards: RC and R-1 n/a R-4, R-6, and R-8 If an attached garage is wider than twenty six feet (26'), at least one garage door shall be recessed a minimum of four feet (4') from the other garage door. Additionally, one of the following is required: 1. The front porch projects in front of the garage a minimum of five feet (5'), and is a minimum of twelve feet (12') wide, or 2. The roof extends at least five feet (5') (not including eaves) beyond the front of the garage for at least the width of the garage plus the porch/stoop area, or 3. The garage is alley accessed, or 4. The garage entry does not face a public and/or private street or an access easement, or 5. The garage width represents no greater than fifty percent (50%) of the width of the front facade at ground level, or 6. The garage is detached, or 7. The garage doors contain a minimum of thirty percent (30%) glazing, architectural detailing (e.g., trim and hardware), and are recessed from the front facade a minimum of five feet (5'), and from the front porch a minimum of seven feet (7'). R-10 and R-14 Garages may be attached or detached. Shared garages are also allowed, provided the regulations of RMC 4-4-080 are met. Carports are not allowed. One of the following is required: 1. The front porch projects in front of the garage a minimum of five feet (5'), and is a minimum of twelve feet (12') wide, or 2. The garage is detached and set back from the front of the house and/or porch at least six feet (6'). Additionally, all of the following is required: 1. Garage design shall be of similar design to the homes, and 2. If sides of the garage are visible from streets, sidewalks, pathways, trails, or other homes, architectural details shall be incorporated in the design. If shared garages are allowed, they may share the structure with other homes and all of the following is required: 1. Each unit has garage space assigned to it, and 2. The garage is not to be located further than one hundred sixty feet (160') from any of the housing units to which it is assigned, and 4-2-115E (Revised 8/17)2 - 92 (Ord. 5675, 12-3-2012; Ord. 5726, 10-20-2014; Ord. 5828, 12-12-2016; Ord. 5841, 6-12-2017) 2. Open Space: 3. The garage shall not exceed forty four feet (44') in width, and shall maintain an eight foot (8') separation from any dwellings. OPEN SPACE: Open space is a significant element in the development of livable communities and creates opportunities for good health. Guidelines: All open space shall be designed to preserve existing trees particularly native conifers, native deciduous trees, and other native vegetation consistent with RMC 4-4-070, Landscaping. Except for Native Growth Protection Areas, all common open space areas shall be designed to accommodate both active and passive recreational opportunities and be visible and open to the street. Pocket parks shall be designed to serve four (4) to ten (10) homes. Private yards are located at the rear or side of homes and can include trees, planting beds, and privacy fences. Reciprocal use easements can provide greater usability of private yards. Landscaping: R-10 and R-14 See RMC 4-4-070, Landscaping. Standards for Parks: R-10 and R-14 For developments that are less than ten (10) net acres: No park is required, but is allowed. For developments that are greater than ten (10) net acres: A minimum of one one- half (.5) acre park, in addition to the common open space requirement, is required. Standards for Common Open Space: R-10 and R-14 Developments of three (3) or fewer dwelling units: No requirement to provide com- mon open space. Developments of four (4) or more units: Required to provide common open space as outlined below. Above ground drainage facilities (i.e., ponds, swales, ditches, rain gar- dens, etc.) shall not be counted towards the common open space requirement. 1. For each unit in the development, three hundred fifty (350) square feet of common open space shall be provided. 2. Open space shall be designed as a park, common green, pea-patch, pocket park, or pedestrian entry easement in the development and shall include picnic areas, space for recreational activities, and other activities as appropriate. 3. Open space shall be located in a highly visible area and be easily accessible to the neighborhood. 4. Open space(s) shall be contiguous to the majority of the dwellings in the develop- ment and accessible to all dwellings, and shall be at least twenty feet (20') wide. 5. A pedestrian entry easement can be used to meet the access requirements if it has a minimum width of twenty feet (20') with a minimum five feet (5') of sidewalk. 6. Pea-patches shall be at least one thousand (1,000) square feet in size with indi- vidual plots that measure at least ten feet by ten feet (10' x 10'). Additionally, the pea-patch shall include a tool shed and a common area with space for compost bins. Water shall be provided to the pea-patch. Fencing that meets the standards for front yard fencing shall surround the pea-patch with a one foot (1') landscape area on the outside of the fence. This area is to be landscaped with flowers, plants, and/or shrubs. 4-2-115E 2 - 93 (Revised 8/17) (Ord. 5591, 2-28-2011; Ord. 5649, 12-12-2011; Ord. 5675, 12-3-2012; Ord. 5726, 10-20-2014; Ord. 5828, 12-12-2016; Ord. 5841, 6-12-2017) 7. Grass-crete or other pervious surfaces may be used in the common open space for the purpose of meeting the one hundred fifty feet (150') distance requirement for emergency vehicle access but shall not be used for personal vehicle access or to meet off-street parking requirements. 8. Common open space areas shall have a maximum slope of five percent (5%). 9. Obstructions, such as retaining walls and fences, shall not be placed in common open spaces. Standards for Private Yards: R-10 and R-14 Developments of three (3) or fewer dwelling units: Each individual dwelling shall have a private yard that is at minimum six hundred (600) square feet in size. Backyard patios and reciprocal use easements may be included in the calculation of private yard. Developments of four (4) or more dwelling units: Each ground-related dwelling shall have a private yard that is at least two hundred fifty (250) square feet in size with no dimension less than eight feet (8') in width. An additional two hundred fifty (250) square feet of open space per unit shall be added to the required amount of common open space for each unit that is not ground related. Common Open Space or Park Substitutions: R-10 and R-14 See RMC 4-1-240. Sidewalks, Pathways, and Pedestrian Easements: R-10 and R-14 All of the following are required: 1. Sidewalks shall be provided throughout the neighborhood. The sidewalk may dis- connect from the road, provided it continues in a logical route throughout the de- velopment. Permeable pavement sidewalks shall be used where feasible, consistent with the Surface Water Design Manual. 2. Front yards shall have entry walks that are a minimum width of three feet (3') and a maximum width of four feet (4'). 3. Pathways shall be used to connect common parks, green areas, and pocket parks to residential access streets, limited residential access streets, or other pedestrian connections. They may be used to provide access to homes and common open space. They shall be a minimum three feet (3') in width and made of paved as- phalt, concrete, or porous material such as: porous paving stones, crushed gravel with soil stabilizers, or paving blocks with planted joints. Sidewalks or pathways for parks and green spaces shall be located at the edge of the common space to allow a larger usable green and easy access to homes. 4. Pedestrian Easement Plantings: Shall be planted with plants and trees. Trees are required along all pedestrian easements to provide shade and spaced twenty feet (20') on center. Shrubs shall be planted in at least fifteen percent (15%) of the easement and shall be spaced no further than thirty six inches (36") on center. 5. For all homes that do not front on a residential access street, limited residential access street, a park, or a common green: Pedestrian entry easements that are at least fifteen feet (15') wide plus a five-foot (5') sidewalk shall be provided. 4-2-115E (Revised 8/17)2 - 94 3. Residential Design: PRIMARY ENTRY: Homes with a visually prominent front entry foster the sense that the community is oriented to pedestrians. Features like porches and stoops at the front entry provide opportunity for social interaction and can contribute to a sense of place for residents. Additionally, porches work to minimize the appearance of bulk by breaking up the facade. Guidelines: Entrances to homes shall be a focal point and allow space for social interaction. Front doors shall face the street and be on the facade closest to the street. When a home is located on a corner lot (i.e., at the intersection of two roads or the intersection of a road and a common space) a feature like a wrapped porch shall be used to reduce the perceived scale of the house and engage the street or open space on both sides. Standards: RC and R-1 n/a R-4, R-6, and R-8 The entry shall include a porch or stoop with a minimum depth of five feet (5') and min- imum height of twelve inches (12") above grade. Exception: in cases where accessibility (ADA) is a priority, an accessible route may be taken from a front driveway. R-10 and R-14 Both of the following are required: 1. The entry shall take access from and face a street, park, common green, pocket park, pedestrian easement, or open space, and 2. The entry shall include a porch or stoop with a minimum depth of five feet (5') and minimum height twelve inches (12") above grade. Exception: in cases where accessibility (ADA) is a priority, an accessible route may be taken from a front driveway. FACADE MODULATION: The modulation of facades creates an appearance of variety, as well as visual breaks that help to create visual interest. Guidelines: Buildings shall not have monotonous facades along public areas. Dwellings shall include articulation along public frontages; the articulation may include the connection of an open porch to the building, a dormer facing the street, or a well-defined entry element. Standards: RC and R-1 n/a R-4, R-6, and R-8 One of the following is required: 1. An offset of at least one story that is at least ten feet (10') wide and two feet (2') in depth on facades visible from the street, or 2. At least two feet (2') offset of second story from first story on one street facing fa- cade. R-10 and R-14 Both of the following are required: 1. The primary building elevation oriented toward the street or common green shall have at least one articulation or change in plane of at least two feet (2') in depth; and 2. A minimum one side articulation that measures at least one foot (1') in depth shall occur for all facades facing streets or public spaces. 4-2-115E 2 - 95 (Revised 8/17) WINDOWS AND DOORS: Windows and front doors are an integral part of the architectural charac- ter of a home and when they incorporate architectural elements of the home, they contribute to the overall balance and integration of the building form. Additionally, when they represent a significant amount of the facade of a home, they amplify the sense that the community is oriented to people. Guidelines: Windows and front doors shall serve as an integral part of the character of the home. Primary windows shall be proportioned vertically rather than horizontally. Vertical windows may be combined together to create a larger window area. Front doors shall be a focal point of the dwelling and be in scale with the home. All doors shall be of the same character as the home. Standards: RC and R-1 n/a R-4, R-6, and R-8 Windows and doors shall constitute twenty five percent (25%) of all facades facing street frontage or public spaces. R-10 and R-14 All of the following are required: 1. Primary windows shall be proportioned vertically, rather than horizontally, and 2. Vertical windows may be combined together to create a larger window area, and 3. All doors shall be made of wood, fiberglass, metal, or glass and trimmed with three and one-half inches (3 1/2") minimum head and jamb trim around the door, and 4. Screen doors are permitted, and 5. Primary entry doors shall face a street, park, common green, pocket park, or pe- destrian easement and shall be paneled or have inset windows, and 6. Sliding glass doors are not permitted along a frontage elevation or an elevation facing a pedestrian easement. SCALE, BULK, AND CHARACTER: Residential communities are intended for people and homes that have appropriate scale and bulk contribute to the sense of orientation to people. Variety in the char- acter of homes helps to minimize visual monotony while helping to foster a perception of uniqueness of place. Guidelines: A diverse streetscape shall be provided by using elevations and models that demonstrate a variety of floor plans, home sizes, and character. Neighborhoods shall have a variety of home sizes and character. Standards: RC and R-1 n/a R-4, R-6, and R-8 A variety of elevations and models that demonstrate a variety of floor plans, home sizes, and character shall be used. Additionally, both of the following are required: 1. A minimum of three (3) differing home models for each ten (10) contiguous abut- ting homes, and 2. Abutting houses must have differing architectural elevations. 4-2-115E (Revised 8/17)2 - 96 R-10 and R-14 All of the following are required: 1. The primary building form shall be the dominating form and elements such as porches, principal dormers, or other significant features shall not dominate, and 2. Primary porch plate heights shall be one story. Stacked porches are allowed, and 3. To differentiate the same models and elevations, different colors shall be used, and 4. For single family dwellings, no more than two (2) of the same model and elevation shall be built on the same block frontage and the same model and elevation shall not be abutting. ROOFS: Roof forms and profiles are an important component in the architectural character of homes and contribute to the massing, scale, and proportion of the home. Roofs also provide opportunity to create variety, especially for homes of the same model. Guidelines: Roofs shall represent a variety of forms and profiles that add character and relief to the landscape of the neighborhood. The use of bright colors, as well as roofing that is made of material like gravel and/or a reflective material, is discouraged. Standards: RC and R-1 n/a R-4, R-6, and R-8 A variety of roof forms appropriate to the style of the home shall be used. R-10 and R-14 Both of the following are required: 1. A variety of roofing colors shall be used within the development and all roof mate- rial shall be fire retardant; and 2. Single family residential subdivisions shall use a variety of roof forms appropriate to the style of the home. EAVES: The design of eaves and overhangs act as unifying elements in the architectural character of a home. When sized adequately and used consistently, they work to create desirable shadows that help to create visual interest especially from blank, unbroken wall planes. Guidelines: Eaves should be detailed and proportioned to complement the architectural style of the home. Standards: RC and R-1 n/a R-4, R-6, and R-8 Both of the following are required: 1. Eaves projecting from the roof of the entire building at least twelve inches (12") with horizontal fascia or fascia gutter at least five inches (5") deep on the face of all eaves, and 2. Rakes on gable ends must extend a minimum of two inches (2") from the surface of exterior siding materials. R-10 and R-14 The following is required: Eaves shall be at least twelve inches (12") with horizontal fas- cia or fascia gutter at least five inches (5") deep on the face of all eaves. 4-2-115E 2 - 97 (Revised 8/17) ARCHITECTURAL DETAILING: Architectural detailing contributes to the visual appeal of a home and the community. It helps to create a desirable human scale and a perception of a quality, well- designed home. Guidelines: Architectural detail shall be provided that is appropriate to the architectural character of the home. Detailing like trim, columns, and/or corner boards shall reflect the architectural character of the house. Standards: RC and R-1 n/a R-4, R-6, and R-8 If one siding material is used on any side of the dwelling that is two stories or greater in height, a horizontal band that measures at least eight inches (8") is required between the first and second story. Additionally, one of the following is required: 1. Three and one-half inch (3 1/2") minimum trim surrounds all windows and details all doors, or 2. A combination of shutters and three and one-half inches (3 1/2") minimum trim de- tails all windows, and three and one-half inches (3 1/2") minimum trim details all doors. R-10 and R-14 All of the following are required: 1. Three and one-half inches (3 1/2") minimum trim surrounds all windows and de- tails all doors, and 2. At least one of the following architectural details shall be provided on each home: shutters, knee braces, flower boxes, or columns, and 3. Where siding is used, metal corner clips or corner boards shall be used and shall be at minimum two and one-half inches (2 1/2") in width and painted. If shutters are used, they shall be proportioned to the window size to simulate the ability to cover them, and 4. If columns are used, they shall be round, fluted, or strongly related to the home's architectural style. Six inches by six inches (6" x 6") posts may be allowed if cham- fered and/or banded. Exposed four inches by four inches (4" x 4") and six inches by six inches (6" x 6") posts are prohibited. MATERIALS AND COLOR: The use of a variety of materials and color contributes to the sense of diversity of housing stock in the community. Guidelines: A diversity of materials and color shall be used on homes throughout the community. A variety of materials that are appropriate to the architectural character of the neighborhood shall be used. A diverse palette of colors shall be used to reduce monotony of color or tone. Standards: RC and R-1 n/a R-4, R-6, and R-8 For subdivisions and short plats, abutting homes shall be of differing color. Color palettes for all new dwellings, coded to the home elevations, shall be submitted for approval. Additionally, one of the following is required: 1. A minimum of two (2) colors is used on the home (body with different color trim is acceptable), or 2. A minimum of two (2) differing siding materials (horizontal siding and shingles, sid- ing and masonry or masonry-like material, etc.) is used on the home. One alterna- tive siding material must comprise a minimum of thirty percent (30%) of the street facing facade. If masonry siding is used, it shall wrap the corners no less than twenty four inches (24"). 4-2-115E (Revised 8/17)2 - 98 R-10 and R-14 All of the following are required: 1. Acceptable exterior wall materials are: wood, cement fiberboard, stucco, stone, and standard sized brick three and one-half inches by seven and one-half inches (3 1/2" x 7 1/2") or three and five eighths inches by seven and five-eighths inches (3 5/8" x 7 5/8"). Simulated stone, wood, stone, or brick may be used to detail homes, and 2. When more than one material is used, changes in a vertical wall, such as from wood to brick, shall wrap the corners no less than twenty four inches (24"). The material change shall occur at an internal corner or a logical transition such as aligning with a window edge or chimney. Material transition shall not occur at an exterior corner, and 3. Multiple colors on buildings shall be provided. Muted deeper tones, as opposed to vibrant primary colors, shall be the dominant colors. Color palettes for all new structures, coded to the home elevations, shall be submitted for approval. 4. Gutters and downspouts shall be integrated into the color scheme of the home and be painted, or of an integral color, to match the trim color. MAIL AND NEWSPAPERS Guidelines: Mailboxes shall be located so that they are easily accessible to residents. They shall also be architecturally compatible with the homes. R-10 and R-14 All of the following are required: 1. Mailboxes shall be clustered and located so as to serve the needs of USPS while not adversely affecting the privacy of residents; 2. Mailboxes shall be lockable consistent with USPS standard; 3. Mailboxes shall be architecturally enhanced with materials and details typical of the home's architecture; and 4. Newspaper boxes shall be of a design that reflects the character of the home. HOT TUBS, POOLS, AND MECHANICAL EQUIPMENT Guidelines: Hot tubs, pools, and mechanical equipment shall be placed so as to not negatively impact neighbors. R-10 and R-14 Hot tubs and pools shall only be located in back yards and designed to minimize sight and sound impacts to adjoining property. Pool heaters and pumps shall be screened from view and sound insulated. Pool equipment must comply with codes regarding fenc- ing. UTILITIES R-10 and R-14 Utility boxes that are not located in alleyways or away from public gathering spaces shall be screened with landscaping or berms. 4-2-115E 2 - 99 (Revised 8/17) (Ord. 5518, 12-14-2009; Ord. 5649, 12-12-2011; Ord. 5744, 1-12-2015; Ord. 5790, 4-25-2016; Ord. 5841, 6-12-2017) DUMPSTER/TRASH/RECYCLING COLLECTION AREA R-10 and R-14 Both of the following are required: 1. Trash and recycling containers shall be located so that they have minimal impact on residents and their neighbors and so that they are not visible to the general pub- lic; and 2. A screened enclosure in which to keep containers shall be provided or garages shall be built with adequate space to keep containers. Screened enclosures shall not be located within front yards. (Revised 8/17)2 - 100/102 This page left intentionally blank. 4-2-120 2 - 103 (Revised 5/16)Conflicts: See RMC 4-1-080.4-2-120 COMMERCIAL DEVELOPMENT STANDARDS4-2-120A DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CN, CV, & CA)4-2-120B DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CD, CO, & COR)4-2-120C CONDITIONS ASSOCIATED WITH DEVELOPMENT STANDARDS TABLES FOR COMMERCIAL ZONING DESIGNATIONS4-2-120D (Repealed by Ord. 5355, 2-25-2008)4-2-120E (Repealed by Ord. 5759, 6-22-2015)4-2-120F (Repealed by Ord. 5759, 6-22-2015) 4-2-120A (Revised 5/16)2 - 104 Conflicts: See RMC 4-1-080.4-2-120ADEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CN, CV, CA, & UC) CNCVCAUCLOT DIMENSIONSMinimum Lot Size for lots created after Nov. 10, 20045,000 sq. ft. 25,000 sq. ft. 5,000 sq. ft.Residential Plats: n/aAll Other Plats: 25 acres.Minimum lot size can be amended through Mas-ter Plan and Site Plan Review, RMC 4-9-200.Minimum Lot Width/Depth for lots created after Nov. 10, 2004NoneResidential Plats: width shall be 14 ft., depth shall be 65 ft.All Other Plats: NoneLOT COVERAGEMaximum Lot Coverage for Buildings65% of total lot area or 75% if parking is provided within the building or within an on-site parking garage.90% of total area or 100% if parking is pro-vided within the building or within a parking garage.DENSITY (Dwelling Units per Net Acre)Minimum Net Residential Density9None 20 dwelling units per net acre.10 dwelling units per net acre.20 dwelling units per net acre except for mixed use development. 4-2-120A 2 - 105 (Revised 8/17)Maximum Net Residential Density94 dwelling units per structure.80 dwelling units per net acre.1, 2160 dwelling units per net acre in the City Center and Highlands Commu-nity Planning Areas.30 dwelling units per net acre in the East Plateau and Kennydale Commu-nity Planning Areas.85 du/acre (150 du/acre) if ground floor commer-cial is provided.1, 21SETBACKSMinimum Front Yard14,1815 ft. The minimum setback may be reduced to 0 ft. through the site plan review process, provided blank walls are not located within the reduced set-back.Determined through site plan review4,5,8Maximum Front Yard1820 ft.15Determined through site plan review4,5,8Minimum Secondary Front Yard14,1815 ft. The minimum setback may be reduced to 0 ft. through the site plan review process, provided blank walls are not located within the reduced set-back.Determined through site plan review4,5,8Maximum Secondary Front Yard1820 ft. Determined through site plan review4,5,8Minimum Freeway Frontage Setback10 ft. landscaped setback from the property line. n/aMinimum Rear Yard18None, except 15 ft. if lot abuts a lot zoned residential. Determined through site plan review4,5,8Minimum Side Yard18None, except 15 ft. if lot abuts or is adjacent to a lot zoned residential. Determined through site plan review4,5,8Clear Vision AreaIn no case shall a structure over 42 in. in height intrude into the 20 ft. clear vision area defined in RMC 4-11-030.DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CN, CV, CA, & UC) (Continued)CNCVCAUC (Revised 8/17)2 - 106/108 This page left intentionally blank. 4-2-120A 2 - 109 (Revised 9/15)Conflicts: See RMC 4-1-080.BUILDING LIMITATIONSMaximum Gross Floor Area of Any Single Commercial Use on a Site5,000 gross sq. ft. The maximum size shall not be exceeded, except by conditional use permit.2,9 These restrictions do not apply to residential uses subject to net density limitations.NoneMaximum Gross Floor Area of Any Single Office Use on a Site2, 93,000 gross sq. ft. The maximum size shall not be exceeded, except by conditional use permit.2,9 These restrictions do not apply to residential uses subject to net density limitations.NoneBuilding OrientationAll commercial uses shall have their primary entrance and shop dis-play window oriented toward the street front-age.See urban design regu-lations in RMC 4-3-100.Commercial and civic uses shall provide entry features on all sides of a building facing a public right-of-way or parking lot.The front entry of resi-dential only uses shall be oriented to a public or private street developed to the required stan-dards in RMC 4-6-060.See urban design regulations in RMC 4-3-100.DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CN, CV, & CA) (Continued)CN CV CA UC 4-2-120A (Revised 9/15)2 - 110 Conflicts: See RMC 4-1-080.LANDSCAPINGGeneralSee RMC 4-4-070HEIGHTMaximum Building Height,6,14,16 except for Public Facilities6,2035 ft. 50 ft., except 60 ft. if the ground floor of the build-ing is in commercial use.50 ft., except 60 ft. for mixed use (commercial and residential) in the same building.Heights may exceed the Zone’s maximum height with a Conditional Use Permit.1610 stories along primary and secondary arterials.6 stories along residen-tial/minor collectors.Townhouses: 3 storiesMaximum Height for Wireless Communication Facilities6See RMC 4-4-140SCREENINGOutdoor, Loading, Repair, Maintenance, Work, or Storage Areas; Surface-Mounted Utility and Mechanical Equipment; Roof Top Equipment (Except for Telecommunication Equipment)See RMC 4-4-095Refuse or RecyclablesSee RMC 4-4-090PARKINGGeneralSee RMC 10-10-13 and 4-4-080DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CN, CV, & CA) (Continued)CN CV CA UC 4-2-120A 2 - 111 (Revised 9/15)Conflicts: See RMC 4-1-080.Required Location for Parking Businesses Located in Single Family Dwell-ings or Duplexes: Parking may not occur in front of the building and/or in the area between the front lot line and the front building line; parking must occur at the side or rear of the property. Parking may be accommodated off site in accordance with RMC 4-4-080E2 or at joint use facilities in accordance with RMC 4-4-080E3.Residential Uses: Required parking shall be located underground or under building (on the first floor of the struc-ture), or in an attached or detached structure. Any additional parking may not be located between the building and public street unless located within a struc-tured parking garage.Commercial Uses: Parking may not be located between the building and the public street unless located within a structured park-ing garage.Mixed Use: Joint park-ing is required subject to RMC 4-4-080E3.Parking for residential units shall be enclosed within the same building as the unit it serves.On a Pedestrian-Ori-ented Street: Parking shall not be located between buildings and pedestrian-oriented streets unless located within a structured park-ing garage.On Other Arterials, Local Streets, and Internal Streets: All res-idential parking shall be structured parking except parking required for guests. Parking for all uses shall be located consistent with RMC 4-3-100, Urban Design Regulations. Site plan-ning must demonstrate feasible future location of structured parking to accommodate infill development.DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CN, CV, & CA) (Continued)CN CV CA UC 4-2-120A (Revised 9/15)2 - 112 Conflicts: See RMC 4-1-080.ACCESSPedestrianA pedestrian connection shall be provided from a public entrance to the street, in order to pro-vide direct, clear and separate pedestrian walks from sidewalks to building entries and internally from buildings to abutting retail proper-ties.See Urban Design Regulations in RMC 4-3-100VehicularNone A connection shall be provided for site-to-site vehicle access ways, where topographically feasible, to allow a smooth flow of traffic across abutting CA lots without the need to use a street. Access may comprise the aisle between rows of parking stalls, but is not allowed between a building and a public street.A connection shall be provided for site-to-site vehicle access ways, where topographically feasible, to allow a smooth flow of traffic across abutting UC lots without the need to use a street. Access may comprise the aisle between rows of parking stalls.DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CN, CV, & CA) (Continued)CN CV CA UC 4-2-120A 2 - 113 (Revised 8/17)(Ord. 4773, 3-22-1999; Ord. 4777, 4-19-1999; Ord. 4803, 10-25-1999; Ord. 4851, 8-7-2000; Ord. 4917, 9-17-2001; Amd. Ord. 4963, 5-13-2002; Ord. 5018, 9-22-2003; Ord. 5028, 11-24-2003; Ord. 5100, 11-1-2004; Ord. 5153, 9-26-2005; Ord. 5191, 12-12-2005; Ord. 5286, 5-14-2007; Ord. 5330, 12-10-2007; Ord. 5331, 12-10-2007; Ord. 5387, 6-9-2008; Ord. 5437, 12-8-2008; Ord. 5528, 3-8-2010; Ord. 5744, 1-12-2015; Ord. 5746, 1-12-2015; Ord. 5759 (Att. D), 6-22-2015; Ord. 5778 (Att. A), 11-16-2015; Ord. 5791 (Att. B), 4-25-2016; Ord. 5795 (Att. A), 4-25-2016; Ord. 5841 (Att. C), 6-12-2017) SIGNSGeneralSee RMC 4-4-10011See RMC 4-4-100.Pole signs and roof signs are prohibited. Signs are subject to Urban Design Regula-tions (RMC 4-3-100).LOADING DOCKSLocation within SiteSee RMC 4-4-080.Shall not be permitted on the side of the lot adjacent to or abutting a lot zoned residential.3Parking, docking and loading areas for truck traffic shall be off-street and screened from view of abutting public streets.DUMPSTER/RECYCLING COLLECTION AREASize and Location of Refuse or Recycling AreasSee RMC 4-4-090CRITICAL AREASGeneralSee RMC 4-3-050DESIGN REGULATIONSGeneraln/a See Urban Design Regulations in RMC 4-3-100.DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CN, CV, CA, & UC) (Continued)CNCVCAUC 4-2-120B (Revised 8/17)2 - 1144-2-120BDEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CD, CO, & COR) CDCOCORLOT DIMENSIONSMinimum Lot Size for lots created after July 11, 1993None 25,000 sq. ft. NoneMinimum Lot Width/Depth for lots created after July 11, 1993NoneLOT COVERAGEMaximum Lot Coverage for BuildingsNone 65%19 of total lot area or 75%19 if parking is provided within the building or within a parking garage.DENSITY (Dwelling Units per Net Acre)Minimum Net Residential Density25 dwelling units per net acre.9The minimum density requirements shall not apply to the subdivision and/or development of a legal lot 1/2 acre or less in size as of March 1, 1995.75 dwelling units per net acre if within a mixed use buildingWhere a development involves resi-dential, the minimum density shall be 30 dwelling units per net acre.9The same area used for commercial and office development can also be used to calculate residential density. Where commercial and/or office areas are utilized in the calculation of density, the City may require restric-tive covenants to ensure the maxi-mum density is not exceeded should the property be subdivided or in another manner made available for separate lease or conveyance. 4-2-120B 2 - 115 (Revised 8/17)Maximum Net Residential Density9100 dwelling units per net acre.Density may be increased to 150 dwelling units per net acre subject to administrative conditional use permit approval.1, 21150 dwelling units per net acre if within a mixed use building.Density may be increased up to 250 dwelling units per net acre subject to administrative conditional use permit approval.1, 2150 dwelling units per net acre.1, 21The same area used for commercial and office development can also be used to calculate residential density. Where commercial and/or office areas are utilized in the calculation of density, the City may require restric-tive covenants to ensure the maxi-mum density is not exceeded should the property be subdivided or in another manner made available for separate lease or conveyance.SETBACKSMinimum Front Yard14,18NoneResidential Mixed Use Buildings: 0 ft.Buildings less than 25 ft. in height: 15 ft.19Buildings 25 ft. to 80 ft. in height: 20 ft.13,19Buildings over 80 ft. in height: 30 ft.13,19Determined through site plan review.Maximum Front Yard1815 ft. – for buildings 25 ft. or less in height.None – for that portion of a building over 25 ft. in height.Residential Mixed Use Buildings: 15 ft.All Other Buildings: NoneDetermined through site plan review.DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CD, CO, & COR) (Continued)CDCOCOR 4-2-120B (Revised 8/17)2 - 116Minimum Secondary Front Yard14,18None 0 ft.19 for Residential Mixed use Build-ings15 ft.19 – for buildings less than 25 ft. in height.20 ft.13,19 – for buildings 25 ft. to 80 ft. in height.30 ft.13,19 – for buildings over 80 ft. in height.Determined through site plan review.Maximum Secondary Front Yard1815 ft. – for buildings 25 ft. or less in height.None – for that portion of a building over 25 ft. in height.Residential Mixed Use Buildings: 15 ft.15All Other Buildings: NoneDetermined through site plan review.Minimum Freeway Frontage Setback10 ft. landscaped setback from the property line.Minimum Rear Yard14,18None, unless the CD lot abuts a lot zoned residential, then there shall be a 15 ft. landscaped strip or a 5 ft. wide sight-obscuring landscaped strip and a solid 6 ft. high barrier used along the common boundary.None required, except, 15 ft. if abut-ting a lot zoned residential.Determined through site plan review.Minimum Side Yard18None None required, except 15 ft. if abut-ting or adjacent to a residential zone.Determined through site plan review.Clear Vision Arean/a In no case shall a structure over 42 in. in height intrude into the 20 ft. clear vision area defined in RMC 4-11-030.LANDSCAPINGGeneralSee RMC 4-4-070HEIGHTMaximum Building Height95 ft.6,10250 ft.6,1210 stories and/or 125 ft.6DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CD, CO, & COR) (Continued)CDCOCOR 4-2-120B 2 - 117 (Revised 9/15)Conflicts: See RMC 4-1-080.Maximum Building Height When a Lot Is Abutting7 a Lot Designated as Residential20 ft. more than the maximum height allowed in the abutting residential zone.6,1720 ft. more than the maximum height allowed in the abutting residential zone.6Determined through site plan review.Maximum Height for Wireless Communication Facilities6See RMC 4-4-140SCREENINGMinimum Required for Outdoor Loading, Repair, Maintenance, Storage or Work Areas; Surface-Mounted Utility and Mechanical Equipment; Roof Top Equipment (Except for Telecommunication Equipment)See RMC 4-4-095Refuse or RecyclingSee RMC 4-4-090PARKING AND LOADINGGeneralSee RMC 4-4-080 and RMC 10-10-13 See RMC 4-4-080 and RMC 10-10-13. Direct arterial access to individual structures shall occur only when alternative access to local or collector streets or consolidated access with adjacent uses is not feasible.Required Location for ParkingAll parking shall be provided in the rear portion of the yard, with access taken from an alley, when available. Parking shall not be located in the front yard, nor in a side yard facing the street nor rear yard facing the street. Parking may be located off-site or subject to a joint parking require-ment.n/aDEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CD, CO, & COR) (Continued)CD CO COR 4-2-120B (Revised 9/15)2 - 118 Conflicts: See RMC 4-1-080.PEDESTRIAN ACCESSGeneraln/a A pedestrian connection shall be pro-vided from a public entrance to the street, unless the Reviewing Official determines that the requirement would unduly endanger the pedes-trian.Determined through site plan review.SIGNSGeneralSee RMC 4-4-100LOADING DOCKSLocationFor permitted manufacturing and fab-rication uses, parking, docking and loading areas for truck traffic shall be off-street and screened from view of abutting public streets.Not permitted on the side of the lot adjacent or abutting to a lot zoned residential.3Determined through site plan review.DUMPSTER/RECYCLING COLLECTION AREASize and Location of Refuse or Recycling AreasSee RMC 4-4-090CRITICAL AREASGeneralSee RMC 4-3-050 and 4-3-090SPECIAL DEVELOPMENT STANDARDSDesign RegulationsSee RMC 4-3-100, Urban Design RegulationsDesign District D of RMC 4-3-100, Urban Design Regulations, shall apply to all residential mixed use buildings.Urban Design Regulations are not applicable to other buildings.See RMC 4-3-100, Urban Design Regulations.DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CD, CO, & COR) (Continued)CD CO COR 4-2-120B 2 - 119 (Revised 8/17)(Ord. 4466, 8-22-1994; Ord. 4631, 9-9-1996; Ord. 4773, 3-22-1999; Ord. 4802, 10-25-1999; Ord. 4854, 8-14-2000; Ord. 4900, 3-19-2001; Amd. Ord. 4963, 5-13-2002; Ord. 4971, 6-10-2002; Ord. 5001, 2-10-2003; Ord. 5028, 11-24-2003; Ord. 5153, 9-26-2005; Ord. 5357, 2-25-2008; Ord. 5369, 4-14-2008; Ord. 5387, 6-9-2008; Ord. 5503 (Att. A), 11-16-2009, eff. 11-21-2009; Ord. 5528, 3-8-2010; Ord. 5744, 1-12-2015; Ord. 5746, 1-12-2015; Ord. 5759, 6-22-2015; Ord. 5791 (Att. C), 4-25-2016; Ord. 5841 (Att. D), 6-12-2017) Upper Story SetbacksSee RMC 4-3-100, Urban Design RegulationsResidential mixed use buildings: buildings or portions of buildings that exceed one hundred feet (100') in height shall include upper story set-backs as follows: The minimum set-back for a seventh (7th) story and succeeding stories shall be ten feet (10') minimum from the preceding story, applicable to each story, or an equivalent standard that adds interest and quality to the building.Buildings or portions of buildings that exceed fifty feet (50') in height shall include upper story setbacks as fol-lows: The minimum setback for a fifth story and succeeding stories shall be ten feet (10') minimum from the pre-ceding story, applicable to each story or an equivalent standard that adds interest and quality to the building.Roofline and Facade ModulationSee RMC 4-3-100, Urban Design RegulationsResidential mixed use buildings: buildings shall provide vertical and horizontal modulation of roof lines and facades of not less than two feet (2') at a minimum interval of forty feet (40') per building face, or an equiva-lent standard that adds interest and quality to the building.Buildings shall provide vertical and horizontal modulation of roof lines and facades of not less than two feet (2') at a minimum interval of forty feet (40') per building face, or an equiva-lent standard that adds interest and quality to the building.DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CD, CO, & COR) (Continued)CDCOCOR 4-2-120C (Revised 8/17)2 - 120 4-2-120C CONDITIONS ASSOCIATED WITH DEVELOPMENT STANDARDS TABLES FOR COMMERCIAL ZONING DESIGNATIONS 1. A density bonus may be granted for devel- opments that satisfy the criteria and stan- dards of RMC 4-9-065, Density Bonus Review. 2. The following table indicates the maximum requested size/standard change that may be allowed by an Administrative Condi- tional Use Permit. Increases above these levels may not be achieved by a variance or the conditional use permit process. 3. These provisions may be modified through the site plan review process where the applicant can show that the same or better result will occur because of creative design solutions, unique aspects or use, etc., that cannot be fully anticipated at this time. 4. UC Zone Upper-Story Setback: Buildings or portions of buildings that exceed fifty feet (50') in height and are located within one hundred feet (100') of a shoreline shall include upper story setbacks for the facade facing the shoreline and for facades facing publicly accessible plazas as follows: The minimum setback for a fifth story and suc- ceeding stories shall be ten feet (10') mini- mum from the preceding story, applicable to each story. Projects not meeting the upper story setbacks defined above may be approved through the modification pro- cedure pursuant to RMC 4-9-250D, when superior design is demonstrated the deci- sion criteria are met. 5. Shoreline Master Plan Setbacks in the UC Zone: In the UC Zone, where the applicable Shoreline Master Program set- back is less than fifty feet (50'), the City may increase the setback up to one hun- dred percent (100%) if the City determines additional setback area is needed to ensure adequate public access, emer- gency access or other site planning or environmental considerations. 6. In no case shall building height exceed the maximum allowed by the Airport Compati- ble Land Use Restrictions, for uses located within the Federal Aviation Administration Airport Zones designated under RMC 4-3-020. 7. Abutting is defined as “Lots sharing com- mon property lines.” 8. UC Zone Architectural Requirement: Buildings that are immediately adjacent to or abutting a public park, open space, or trail shall incorporate building articulation and textural variety, in addition to at least one of the following features: a. Incorporate building modulation to reduce the overall bulk and mass of buildings; or b. Provide at least one architectural pro- jection for each dwelling unit of not less than two feet (2') from the wall plane and not less than four feet (4') wide; or c. Provide vertical and horizontal modu- lation of roof lines and facades of not less than two feet (2') at a minimum interval of forty feet (40') per building face, or an equivalent standard that adds interest and quality to the proj- ect. 9. Use-related provisions are not variable. Use-related provisions that are not eligible for a variance include: building size, units per structure/lot, or densities. Unless bonus size or density provisions are spe- cifically authorized, the modification of building size, units per structure, or densi- ties requires a legislative change in the code provisions and/or a Comprehensive Plan amendment/rezone. APPLICABLE ZONE STANDARD CHANGE REQUEST CN Uses restricted to 3,000 gross sq. ft. – increases: Between 3,000 – 5,000 sq. ft. CN Uses restricted to 5,000 gross sq. ft. – increases up to: 20% or 1,000 gross sq. ft. All of the CV Zone Uses restricted to 65,000 gross sq. ft. – increases up to: 40% or 26,000 gross sq. ft. 4-2-120C 2 - 120.1 (Revised 5/16) 10. Heights may exceed the maximum height under an Administrative Conditional Use Permit. (Revised 5/16)2 - 120.2 This page left intentionally blank. 4-2-120C 2 - 121 (Revised 9/15) In consideration of a request for a Conditional Use Permit for a building height in excess of ninety five feet (95'), the Community and Eco- nomic Development Administrator shall consider the following factors in addition to the criteria in RMC 4-9-030, Conditional Use Permits, among all other relevant information: a. Location Criteria: The proximity of arterial streets which have sufficient capacity to accommodate traffic gen- erated by the development. Develop- ments are encouraged to locate in areas served by transit shall be con- sidered. b. Comprehensive Plan: The pro- posed use shall be compatible with the general purpose, goals, objectives and standards of the Comprehensive Plan, the zoning regulations and any other plan, program, map or regula- tion of the City. c. Effect on Adjacent or Abutting Properties: Buildings in excess of ninety five feet (95') in height at the proposed location shall not result in substantial or undue adverse effects on adjacent or abutting property. When a building in excess of ninety five feet (95') in height is adjacent or abutting to a lot designated residential on the City Comprehensive Plan, then setbacks shall be equivalent to the requirements of the adjacent or abut- ting residential zone. d. Bulk: Buildings near public open spaces should permit public access and, where feasible, physical access to the public open space. Whenever practicable, buildings should be ori- ented to minimize the shadows they cause on publicly accessible open space. e. Light and Glare: Due consideration shall be given to mitigation of light and glare impacts upon streets, major public facilities and major public open spaces. 11. Freestanding signs are restricted to monu- ment signs in the Commercial Arterial (CA) Zone along Rainier Avenue North. 12. Heights may exceed the maximum height by up to fifty feet (50') with bonuses for pla- zas and other amenities, subject to an Administrative Conditional Use Permit. 13. A reduced minimum setback of no less than fifteen feet (15') may be allowed for structures in excess of twenty five feet (25') in height through the site plan review process. 14. The vehicle entry for a personal garage (not structured parking) or carport shall be set back twenty feet (20') from any public right-of-way where vehicle access is pro- vided; all other facades of a garage shall be subject to the applicable zone’s mini- mum setback. 15. Maximum Setback: a. The maximum setback may be modi- fied through the site plan review if the applicant can demonstrate that the proposed development meets the fol- lowing criteria: i. Orients development to the pedestrian through such mea- sures as providing pedestrian walkways beyond those required by the Renton Municipal Code (RMC), encouraging pedestrian amenities and supporting alterna- tives to single occupant vehicle (SOV) transportation; and ii. Creates a low-scale streetscape through such measures as foster- ing distinctive architecture and mitigating the visual dominance of extensive and unbroken park- ing along the street front; and iii. Promotes safety and visibility through such measures as dis- couraging the creation of hidden spaces, minimizing conflict between pedestrian and traffic, and ensuring adequate setbacks to accommodate required parking and/or access that could not be provided otherwise. b. Alternatively, the maximum setback requirement may be modified if the applicant can demonstrate that the preceding criteria cannot be met by addressing the criteria below. How- ever, those criteria that can be met shall be addressed in the site devel- opment plan. 4-2-120C (Revised 9/15)2 - 122 i. Due to factors including but not limited to the unique site design requirements or physical site con- straints such as critical areas or utility easements, the maximum setback cannot be met; or ii. One or more of the above criteria would not be furthered or would be impaired by compliance with the maximum setback; or iii. Any function of the use which serves the public health, safety or welfare would be materially impaired by the required setback. 16. The following height requests may be allowed by an administrative conditional use permit: In consideration of a request for a Condi- tional Use Permit for additional building height, all relevant information and the fol- lowing factors shall be considered along with the criteria in RMC 4-9-030, Condi- tional Use Permits: a. Location Criteria: Proximity of arte- rial streets that have sufficient capac- ity to accommodate traffic generated by the development. Developments are encouraged to locate in areas served by transit. b. Comprehensive Plan: The pro- posed use shall be compatible with the general purpose, goals, objectives and standards of the Comprehensive Plan, the zoning regulations and any other plan, program, map or regula- tion of the City. c. Effect on Adjacent or Abutting Properties: Building heights shall not result in substantial or undue adverse effects on adjacent and abutting prop- erty. When a building in excess of the maximum height is proposed adjacent to or abutting a lot zoned residential, the setbacks shall be equivalent to the requirements of the adjacent Resi- dential Zone if the setback standards exceed the requirements of the Com- mercial Zone. 17. Heights may exceed the zone’s maximum height under Hearing Examiner Condi- tional Use Permit. 18. Allowed Projections into Setbacks: a. Steps and decks having no roof and being not over forty two inches (42") in height may be built within a front yard setback. b. Eaves and cornices may project up to twenty four inches (24") into any required setback. c. Accessory buildings when erected so that the entire building is within a dis- tance of thirty feet (30’) from the rear lot line may also occupy the side yard setback of an inside lot line. d. Where below-grade structures are permitted to have zero (0) front yard/street setbacks, structural foot- ings may minimally encroach into the public right-of-way, subject to approval of the Community and Eco- nomic Development Administrator. 19. Specified development standards may be modified with an approved Master Plan. 20. Public facilities are allowed the follow- ing height bonus: publicly owned struc- tures shall be permitted an additional fifteen feet (15') in height above that other- wise permitted in the zone if “pitched roofs,” as defined herein, are used for at least sixty percent (60%) or more of the roof surface of both primary and accessory structures. In addition, in zones where the maximum permitted building height is less than seventy five feet (75'), the maximum height of a publicly owned structure may be increased as follows, up to a maximum height of seventy five feet (75') to the high- est point of the building: a. When abutting a public street, one (1) additional foot of height for each addi- tional one and one-half feet (1-1/2') of perimeter building setback beyond the minimum street setback required at APPLICABLE ZONE HEIGHT CHANGE REQUEST All of the CV Zone Exceed height of 50 feet Exceed height of 45 feet when abut- ting R-6, R-8, or R-10 Zone All of the CA Zone Exceed maximum height 4-2-120F 2 - 123 (Revised 5/16) street level unless such setbacks are otherwise discouraged; and b. When abutting a common property line, one additional foot of height for each additional two feet (2') of perime- ter building setback beyond the mini- mum required along a common property line; and c. On lots four (4) acres or greater, five (5) additional feet of height for every one percent (1%) reduction below a twenty percent (20%) maximum lot area coverage by buildings for public amenities such as recreational facili- ties, and/or landscaped open space areas, etc., when these are open and accessible to the public during the day or week. 21. Assisted living facilities are eligible for bonus density pursuant to RMC 4-9-065, Density Bonus Review. 22. Reserved. 23. Reserved. 24. Reserved. 25. Reserved. (Ord. 1472, 2-18-1953; Ord. 1905, 8-15-1961; Ord. 4404, 6-7-1993; Ord. 4593, 4-1-1996; Ord. 4773, 3-22-1999; Ord. 4802, 10-25-1999; Ord. 4803, 10-25-1999; Ord. 4854, 8-14-2000; Amd. Ord. 4963, 5-13-2002; Ord. 5028, 11-24-2003; Ord. 5100, 11-1-2004; Ord. 5156, 9-26-2005; Ord. 5191, 12-12-2005; Ord. 5357, 2-25-2008; Ord. 5369, 4-14-2008; Ord. 5437, 12-8-2008; Ord. 5450, 3-2-2009; Ord. 5519, 12-14-2009; Ord. 5676, 12-3-2012; Ord. 5744, 1-12-2015; Ord. 5759, 6-22-2015; Ord. 5791, 4-25-2016) 4-2-120D(Repealed by Ord. 5355, 2-25-2008) 4-2-120E (Repealed by Ord. 5759, 6-22-2015) 4-2-120F (Repealed by Ord. 5759, 6-22-2015) 4-2-130 (Revised 5/16)2 - 124 4-2-130 INDUSTRIAL DEVELOPMENT STANDARDS 4-2-130A DEVELOPMENT STANDARDS FOR INDUSTRIAL ZONING DESIGNATIONS 4-2-130B CONDITIONS ASSOCIATED WITH DEVELOPMENT STANDARDS TABLE FOR INDUSTRIAL ZONING DESIGNATIONS 4-2-130A 2 - 125 (Revised 8/17) 4-2-130A DEVELOPMENT STANDARDS FOR INDUSTRIAL ZONING DESIGNATIONS IL IM IH LOT DIMENSIONS Minimum Lot Size for lots created after September 1, 1985 35,000 sq. ft. Minimum Lot Width/ Depth for lots created after September 1, 1985 None LOT COVERAGE Maximum Lot Cover- age for Buildings 65% of total lot area or 75% if parking is provided within the building or within a parking garage None HEIGHT Maximum Building Height5, except for Public Facilities5,13 50 ft., except 100 ft. if lot is located in the Employment Area (EA)4,13 None Maximum Height for Wireless Communi- cation Facilities5 See RMC 4-4-140. SETBACKS8,11 Minimum Front Yard Principal Arterial streets:12 20 ft. Other streets: 15 ft.; provided, that 20 ft. is required if a lot is adjacent to or abutting a lot zoned residential. Principal Arterial streets:12 20 ft. Other streets: 15 ft. Except 50 ft. is required if a lot is adjacent to or abutting a lot zoned residential. Principal Arterial streets:12 20 ft. Other streets: 15 ft. Minimum Secondary Front Yard Principal Arterial streets:12 20 ft. Other streets: 15 ft. Except 50 ft. is required if a lot is adjacent to or abutting a lot zoned residential. Principal Arterial streets:12 20 ft. Other streets: 15 ft. Minimum Freeway Frontage Setback 10 ft. landscaped setback from the property line. 4-2-130A (Revised 8/17)2 - 126 (Ord. 4851, 8-7-2000; Amd. Ord. 4963, 5-13-2002; Ord. 5153, 9-26-2005; Ord. 5528, 3-8-2010; Ord. 5574, 11-15-2010; Ord. 5676, 12-3-2012; Ord. 5744, 1-12-2015; Ord. 5746, 1-12-2015; Ord. 5759, 6-22-2015; Ord. 5841, 6-12-2017) Minimum Rear and Side Yards11 None, except 20 ft. if lot is adjacent to or abutting a lot zoned residential; which may be reduced to 15 ft. through the Site Plan development review process. None, except 50 ft. if lot is adjacent to or abutting a lot zoned residential. None, except 50 ft. if lot abuts a lot zoned residential. 20 ft. if lot abuts a lot zoned CN, CV, CA, CD, CO, COR, or lot with Public Facilities. Clear Vision Area In no case shall a structure over 42 in. in height intrude into the 20 ft. clear vision area defined in RMC 4-11-030. LANDSCAPING General See RMC 4-4-070 SCREENING Minimum Required for Outdoor Loading, Repair, Maintenance or Work Areas; Out- door Storage, Refuse or Dumpster Areas See RMC 4-4-095 Special Screening Requirements for Tow Truck Opera- tions and Impound- ment Yards NA 6 to 10 ft. high solid wall or sight-obscuring fence required. LOADING DOCKS Location Not permitted on the side of the lot that is adjacent to or abutting a lot zoned residential.2 NA DUMPSTER/RECYCLING COLLECTION STATION OR CENTER Location of Refuse or Recycling Areas See RMC 4-4-090 PARKING General See RMC 4-4-080 and 10-10-13 SIGNS General See RMC 4-4-100 CRITICAL AREAS General See RMC 4-3-050 and 4-3-090 DEVELOPMENT STANDARDS FOR INDUSTRIAL ZONING DESIGNATIONS (Continued) IL IM IH 4-2-130B 2 - 126.1 (Revised 8/17) 4-2-130B CONDITIONS ASSOCIATED WITH DEVELOPMENT STANDARDS TABLE FOR INDUSTRIAL ZONING DESIGNATIONS 1. Reserved. 2. These provisions may be modified through the site development plan review where the applicant can show that the same or better result will occur because of creative design solutions, unique aspects or use, etc., which have not been fully planned at the time of site plan development review. 3. Reserved. 4. To construct a building or structure in excess of fifty feet (50'), outside the EA, requires an Administrative Conditional Use Permit. 5. For uses located within the Federal Avia- tion Administration Airport Zones desig- nated under RMC 4-3-020, Airport Related Height and Use Restrictions, in no case shall building height exceed the maximum allowed by that Section. 6. Reserved. 7. Reserved. 8. Specified development standards may be modified by an Administrative Conditional Use Permit in the Employment Area, or by a Hearing Examiner Conditional Use Per- mit outside the Employment Area. 9. Reserved. 10. Reserved. 11. Allowed Projections into Setbacks: a. Eaves and cornices may extend over the required setback for a distance of up to twenty four inches (24"). b. Accessory buildings when erected so that the entire building is within a dis- tance of thirty feet (30') from the rear lot line may also occupy the side yard setback of an inside lot line. c. Steps and decks having no roof and not exceeding forty two inches (42") high may be built within a front set- back. 12. References to “principal arterial streets” include principal arterials as defined in the Arterial Street Plan and depicted in RMC 4-2-080E. (Ord. 5804, 5-23-2016) 13. Public facilities are allowed the following height bonus: publicly owned structures shall be permitted an additional fifteen feet (15') in height above that otherwise permit- ted in the zone if “pitched roofs,” as defined herein, are used for at least sixty percent (60%) or more of the roof surface of both primary and accessory structures. In addition, in zones where the maximum permitted building height is less than sev- enty five feet (75'), the maximum height of a publicly owned structure may be increased as follows, up to a maximum height of seventy five (75') to the highest point of the building: a. When abutting a public street, one additional foot of height for each addi- tional one and one-half feet (1-1/2') of perimeter building setback beyond the minimum street setback is required at street level unless such setbacks are otherwise discouraged (e.g., inside the Center Downtown Zone); b. When abutting a common property line, one additional foot of height for each additional two feet (2') of perime- ter building setback beyond the mini- mum is required along a common property line; and c. On lots four (4) acres or greater, five (5) additional feet of height for every one percent (1%) reduction below a twenty percent (20%) maximum lot area coverage for public amenities such as recreational facilities, and/or landscaped open space areas, etc., when these are open and accessible to the public during the day or week, is permitted. (Amd. Ord. 4963, 5-13-2002; Ord. 5519, 12-14-2009; Ord. 5574, 11-15-2010; Ord. 5607, 6-6-2011; Ord. 5676, 12-3-2012; Ord. 5744, 1-12- 2015; Ord. 5759, 6-22-2015) (Revised 8/17)2 - 126.2 This page left intentionally blank. 4-2-140 2 - 127 (Revised 9/15) 4-2-140 VIOLATIONS OF THIS CHAPTER AND PENALTIES: Unless otherwise specified, violations of this Chapter are misdemeanors subject to RMC 1-3-1. (Amd. Ord. 4856, 8-21-2000; Ord. 5159, 10-17-2005) 3 - i (Revised 5/18) Chapter 3 ENVIRONMENTAL REGULATIONS AND OVERLAY DISTRICTS CHAPTER GUIDE: Regulations restricting or governing development of environmentally sensitive ar- eas, including shorelines of the state, are contained in chapter 4-3 RMC. These regulations are applied based on whether an environmentally sensitive or shoreline of the state are present within or nearby a property, irrespective of zoning district. Overlay districts unrelated to zoning boundaries are also in- cluded, and may restrict uses or apply special development standards. This Chapter does not contain procedural information. Related permit processes (i.e., shoreline permit procedures, aquifer permit pro- cedures) are located in chapters 4-8 and 4-9 RMC. This Chapter last amended by Ord. 5867, December 11, 2017. SECTION PAGE NUMBER NUMBER 4-3-010 ADULT RETAIL AND ENTERTAINMENT REGULATIONS. . . . . . . . . . . . . . . . 1 A. Prohibited in Certain Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 B. Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 C. Measurement Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 D. Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 E. Violations of This Chapter and Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 F. Nonconforming Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1. Amortization Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2. Extension Requests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 a. Timing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 b. Decision Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 c. Process. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 d. Maximum Extension Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 e. Appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4-3-020 AIRPORT RELATED HEIGHT AND USE RESTRICTIONS . . . . . . . . . . . . . . . 2 A. Airport Influence Area Established. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 B. Height Limits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 C. Use Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 D. Hazard Marking and Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2.1 E. Safety Verification and Notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2.1 F. Airport Influence Area Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 G. Federal Aviation Regulation Part 77 Objects Affecting Navigable Airspace . . . . 5 H. Renton Municipal Airport Annual Average Noise Exposure Map . . . . . . . . . . . . 6 4-3-030 (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4-3-040 AUTOMALL DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 B. Applicability – Renton Automall District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 1. Automall Area A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2. Automall Area B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 3. Automall Area C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 C. Uses Permitted in the Renton Automall District . . . . . . . . . . . . . . . . . . . . . . . . . . 8 (Revised 5/18)3 - ii SECTION PAGE NUMBER NUMBER D. Development Standards for Uses Located within the Renton Automall – Areas A, B and C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 E. Potential Waiver of Street Vacation Fees for Dealerships Located within the Renton Automall Area A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 F. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 G. Map of Automall Overlay Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4-3-050 CRITICAL AREAS REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 B. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 1. Lands to Which These Regulations Apply and Non-regulated Lands . . . . . 10 2. Activities to Which These Regulations Apply. . . . . . . . . . . . . . . . . . . . . . . . 13 C. Exempt, Prohibited and Nonconforming Activities . . . . . . . . . . . . . . . . . . . . . . . 13 1. Permit Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 a. Development or Alteration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 b. Operating and Closure Permits – Wellhead Protection Areas . . . . . . . . 14 2. Letter of Exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 a. Flood Hazard Areas, Geologically Hazardous Areas, Habitat Conservation Areas, Streams and Lakes, Wellhead Protection Areas, Wetlands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 b. Applicability of Requirements to Exempt Activities. . . . . . . . . . . . . . . . . 14 c. Reports and Mitigation Plans Required . . . . . . . . . . . . . . . . . . . . . . . . . 14 d. Administrator Findings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 3. Exemptions – Critical Areas and Buffers . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 a. Conservation, Enhancement, Education and Related Activities . . . . . . 15 b. Research and Site Investigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 c. Agricultural, Harvesting, Vegetation Management. . . . . . . . . . . . . . . . . 15 d. Surface Water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 e. Roads, Parks, Public and Private Utilities . . . . . . . . . . . . . . . . . . . . . . . 15 f. Temporary Wetland Impacts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 g. Maintenance and Construction – Existing Uses and Facilities. . . . . . . . 16 h. Emergency Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 i. Hazardous Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 4. Exemptions – In Buffers Only. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 a. Activities in Critical Area Buffers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 5. Prohibited Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 a. Floodways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 b. Streams/Lakes and Wetlands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 c. Wellhead Protection Areas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 6. Nonconforming Activities or Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 D. Administration and Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 1. Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 a. Relationship to Other Agencies and Regulations. . . . . . . . . . . . . . . . . . 22 2. Duties of Administrator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 a. Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 b. Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 c. Finding of Conformance Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 3. Flood Hazard Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 3 - iii (Revised 9/15) SECTION PAGE NUMBER NUMBER 4. Wellhead Protection Areas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 a. Annual Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 b. Potential to Degrade Groundwater – Zone 2 . . . . . . . . . . . . . . . . . . . . . 23 c. Finding of Conformance Required – Wellhead Protection Areas. . . . . . 23 5. Review Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 a. General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 b. Conditions of Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 c. Geologically Hazardous Areas, Habitat Conservation Areas, Streams and Lakes, and Wetlands. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 E. Maps. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.1 1. Maps Show Approximate Location of Critical Areas. . . . . . . . . . . . . . . . . .24.1 2. Map Updates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.1 3. Flood Hazard Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.1 a. Basic Map and Documentation Identifying Hazards. . . . . . . . . . . . . . .24.1 b. When Federal Insurance Study is Not Available . . . . . . . . . . . . . . . . .24.1 4. Steep Slope Delineation Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.1 5. Streams and Lakes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.1 a. Reclassification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.1 b. Salmonid Migration Barriers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.1 6. Wetlands. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.1 F. Submittal Requirements and Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.2 1. Preapplication Consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.2 2. Plans and Studies Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.2 a. Geologically Hazardous Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.2 b. Habitat Conservation Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.3 c. Streams and Lakes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.3 d. Wellhead Protection Areas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.3 e. Wetlands. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.3 f. Period of Validity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.3 3. Testing Authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.3 a. Pipeline Requirements – Zone 1, As Identified in Subsection G8 of This Section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.3 b. Pipeline Requirements – Zone 2, As Identified in Subsection G8 of This Section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.4 4. Submittal Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.4 5. Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.4 6. Independent Secondary Review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.4 a. All Critical Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.4 b. Additional Requirements for Geologically Hazardous Areas . . . . . . . .24.4 7. Waiver of Submittal Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.5 a. Habitat Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.5 b. Streams and Lakes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.5 c. Wetland Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.5 G. Development Standards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.5 1. General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.5 2. Critical Area Buffers and Structure Setbacks from Buffers. . . . . . . . . . . . .24.5 (Revised 9/15)3 - iv SECTION PAGE NUMBER NUMBER 3. Native Growth Protection Areas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.7 a. Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.7 b. May Be Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.7 c. Application as Condition of Approval When Otherwise Not Required . 24.8 d. Standards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.8 e. Method of Creation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.8 f. Marking Prior to and During Construction . . . . . . . . . . . . . . . . . . . . . . 24.8 g. Permanent Fencing Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.8 h. Signage Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.8 i. Responsibility for Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.8 j. Maintenance Covenant and Note Required . . . . . . . . . . . . . . . . . . . . . 24.9 4. Flood Hazard Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.9 a. Classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.9 b. Data to Be Used for Existing and Future Flow Conditions . . . . . . . . . . 24.9 c. General Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.9 d. Specific Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.10 e. Additional Restrictions within Floodways . . . . . . . . . . . . . . . . . . . . . . 24.12 f. Critical Facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.12 g. Compensatory Storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.12 5. Geologically Hazardous Areas Defined . . . . . . . . . . . . . . . . . . . . . . . . . . 24.13 a. Steep Slope Types. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.13 b. Landslide Hazards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.13 c. Erosion Hazards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.13 d. Seismic Hazards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.14 e. Coal Mine Hazards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.14 f. Protected Slopes, as defined in subsection G5aii of this Section . . . 24.14 g. Sensitive Slopes – Medium, High and Very High Landslide Hazards – High Erosion Hazards. . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.14 h. Very High Landslide Hazards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.14 i. Coal Mine Hazards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.14 6. Habitat Conservation Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.15 a. Classification of Critical Habitats . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.15 b. Mapping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.15 c. Buffers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.15 d. Alterations Require Mitigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.15 7. Streams and Lakes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.15 a. Classification System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.15 b. Non-regulated. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.16 c. Measurement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.16 d. Stream/Lake Buffer Width Requirements. . . . . . . . . . . . . . . . . . . . . . 24.16 e. Criteria for Permit Approval – Type F, Np, and Ns. . . . . . . . . . . . . . . 24.17 f. Incentives for Restoration of Streams Located in an Underground Pipe or Culvert . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.17 8. Wellhead Protection Areas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.18 a. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.18 b. Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.19 c. Limited Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.22 3 - v (Revised 9/15) SECTION PAGE NUMBER NUMBER d. Use of Pesticides and Nitrates – All Wellhead Protection Areas . . . .24.24 e. Wastewater Disposal Requirements – Zones 1 and 2 . . . . . . . . . . . .24.24 f. Surface Water Requirements – Zones 1 and 2 . . . . . . . . . . . . . . . . .24.24 g. Pipeline Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.24 h. Construction Activity Standards – Zones 1 and 2. . . . . . . . . . . . . . . .24.25 i. Fill Material Requirements – Zones 1 and 2. . . . . . . . . . . . . . . . . . . .24.25 j. Regulations for Existing Solid Waste Landfills – Zones 1 and 2. . . . .24.25 k. Fuel Oil Heating Systems – Zones 1 and 2 . . . . . . . . . . . . . . . . . . . .24.25 9. Wetlands. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.25 a. Applicability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.25 b. Delineation of Regulatory Edge of Wetlands . . . . . . . . . . . . . . . . . . .24.25 c. Wetland Categorization or Categorization System. . . . . . . . . . . . . . .24.26 d. Wetland Buffers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.26 e. Cooperative Wetland Compensation: Mitigation Banks, In-Lieu Fee Programs, or Special Area Management Programs (SAMP) . . . . . . .24.27 H. Alterations to Critical Areas and/or Buffers – General Requirements . . . . . .24.28 1. General Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.28 2. Authority and Documentation of Required Findings. . . . . . . . . . . . . . . . .24.28 3. Studies Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.28 4. Surety, Mitigation, and Monitoring Required . . . . . . . . . . . . . . . . . . . . . .24.29 5. Corrective Actions Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.29 6. Public Notice Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.29 I. Alterations to Critical Areas Buffers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.29 1. Maximum Permissible Administrative Alterations to Critical Areas Buffers – Alteration of Critical Area Buffers . . . . . . . . . . . . . . . . . . . . . . .24.29 2. Streams . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.29 a. Criteria for Reduction of Degraded Stream Buffer Width with Enhancement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.29 b. Criteria for Approval of Averaged Stream Buffer . . . . . . . . . . . . . . . .24.30 c. Criteria for Approval of Reduced Buffer for Type Np and Ns Streams to be Daylighted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.30 3. Wetlands. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.30 a. Criteria for Reduction of Wetland Buffer Width with Enhancement . .24.30 b. Criteria for Averaging of Wetland Buffer Width. . . . . . . . . . . . . . . . . .24.31 J. Alterations to Critical Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.31 1. Criteria for Modifying Geologically Hazardous Area Standards . . . . . . . .24.31 2. Alterations Within Streams and Lakes or Associated Buffers . . . . . . . . .24.32 a. Criteria for Administrative Approval of Transportation Crossings in Stream/Lake or Buffer Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.32 b. Criteria for Administrative Approval of Utilities in Stream/Lake or Buffer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.32 c. Administrative Approval of In-Water Structures or In-Water Work . . .24.33 d. Administrative Approval of Dredging . . . . . . . . . . . . . . . . . . . . . . . . .24.33 e. Administrative Approval of Stream Relocation . . . . . . . . . . . . . . . . . .24.33 3. Criteria for Modifying Wellhead Protection Area Standards. . . . . . . . . . .24.34 4. Criteria for Approving Wetland Alterations . . . . . . . . . . . . . . . . . . . . . . . .24.34 K. Variances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.35 (Revised 9/15)3 - vi SECTION PAGE NUMBER NUMBER L. Mitigation, Maintenance and Monitoring . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.35 1. Mitigation Plan Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.35 a. Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.35 b. Mitigation Sequencing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.36 c. Based on Best Available Science. . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.36 d. Mitigation Alternatives and Location. . . . . . . . . . . . . . . . . . . . . . . . . . 24.36 e. Timing of Mitigation Plan – Final Submittal and Mitigation Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.37 f. Timing of Construction and/or Building Permit Issuance . . . . . . . . . . 24.37 g. When Stream or Lake Mitigation Plan Is Required . . . . . . . . . . . . . . 24.37 2. Surety Devices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.38 a. Required for Mitigation Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.38 b. Time Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.38 3. Monitoring. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.38 M. Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.39 1. General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.39 2. Record Required – Flood Hazard Areas . . . . . . . . . . . . . . . . . . . . . . . . . 24.39 N. Unauthorized Alterations and Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . 24.39 1. Stop Work Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.39 2. Requirement and Timing for Restoration Plan and Site Restoration . . . . 24.39 3. Minimum Performance Standards for Restoration. . . . . . . . . . . . . . . . . . 24.39 a. Wellhead Protection Areas, Flood Hazard Areas, Wetlands, and Habitat Conservation Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.39 b. Geologic hazards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.39 4. Site Investigations Authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.40 5. Penalties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.40 4-3-060 (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.40 4-3-070 PIPELINE NOTICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.40 A. Purpose and Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.40 B. Required Notice on Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.40 4-3-080 (Repealed by Ord. 5759, 6-22-2015) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.40 4-3-090 SHORELINE MASTER PROGRAM REGULATIONS . . . . . . . . . . . . . . . . 24.40 A. Program Elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.40 B. Regulated Shorelines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.41 1. Shorelines of Statewide Significance. . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.41 2. Shorelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.41 3. The Jurisdictional Area Includes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.41 C. Shorelines Overlay Districts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.41 1. Natural Environment Overlay District. . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.41 a. Designation of the Natural Environment Overlay District . . . . . . . . . . 24.41 b. Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.41 c. Acceptable Activities and Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.41 2. Urban Conservancy Overlay District . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.41 a. Designation of the Shoreline Urban Conservancy Environment Overlay District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.41 b. Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.41 c. Acceptable Activities and Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.42 3 - vii (Revised 9/15) SECTION PAGE NUMBER NUMBER 3. Single Family Residential Overlay District . . . . . . . . . . . . . . . . . . . . . . . .24.42 a. Designation of the Single Family Residential Overlay . . . . . . . . . . . .24.42 b. Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.42 c. Acceptable Activities and Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.42 4. Shoreline High Intensity Overlay District . . . . . . . . . . . . . . . . . . . . . . . . .24.42 a. Designation of the High Intensity Overlay District. . . . . . . . . . . . . . . .24.42 b. Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.42 c. Acceptable Activities and Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.42 5. Shoreline High Intensity – Isolated Lands – Overlay District . . . . . . . . . .24.42 a. Designation of the High Intensity – Isolated Lands – Overlay District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.42 b. Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.43 c. Acceptable Activities and Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.43 6. Aquatic Shoreline Overlay District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.43 a. Designation of the Aquatic Overlay District . . . . . . . . . . . . . . . . . . . .24.43 b. Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.43 c. Acceptable Activities and Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.43 D. General Development Standards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.43 1. Applicability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24.43 2. Environmental Effects. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 a. No Net Loss of Ecological Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 b. Burden on Applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 c. Critical Areas within Shoreline Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . 25 d. Wetlands within Shoreline Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . 27 e. Development Standards for Aquatic Habitat . . . . . . . . . . . . . . . . . . . . . 35 3. Use Compatibility and Aesthetic Effects. . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 a. General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 b. View Obstruction and Visual Quality . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 c. Community Disturbances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 d. Design Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 e. Screening Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 4. Public Access. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 a. Physical or Visual Access Required for New Development . . . . . . . . . . 37 b. Public Access Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 c. Criteria for Modification of Public Access Requirements . . . . . . . . . . . . 37 (Revised 9/15)3 - viii/x This page left intentionally blank. 3 - xi (Revised 12/11) SECTION PAGE NUMBER NUMBER d. Design Criteria for Public Access Sites . . . . . . . . . . . . . . . . . . . . . . . . . 38 e. Public Access Development Standards . . . . . . . . . . . . . . . . . . . . . . . . . 39 f. Public Access Requirements by Reach . . . . . . . . . . . . . . . . . . . . . . . . . 40 5. Building and Development Location – Shoreline Orientation. . . . . . . . . . .40.3 a. General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.3 b. Design and Performance Standards . . . . . . . . . . . . . . . . . . . . . . . . . .40.3 6. Archaeological, Historical, and Cultural Resources . . . . . . . . . . . . . . . . . .40.4 a. Detailed Cultural Assessments May Be Required . . . . . . . . . . . . . . . .40.4 b. Coordination Encouraged. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.4 c. Detailed Cultural Assessments Required. . . . . . . . . . . . . . . . . . . . . . .40.4 d. Work to Stop Upon Discovery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.4 e. Access for Educational Purposes Encouraged . . . . . . . . . . . . . . . . . .40.4 7. Standards for Density, Setbacks, and Height. . . . . . . . . . . . . . . . . . . . . . .40.4 a. Shoreline Bulk Standards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.4 b. City-Wide Development Standards . . . . . . . . . . . . . . . . . . . . . . . . . . .40.9 c. Measurement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.9 d. Activities Exempt from Buffers and Setbacks. . . . . . . . . . . . . . . . . . . .40.9 8. Private Property Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.10 9. Treaty Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.10 E. Use Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.10 1. Shoreline Use Table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.10 2. Aquaculture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.16 a. No Net Loss Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.16 b. Aesthetics. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.16 c. Structure Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.16 3. Boat Launching Ramps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.16 a. Boat Launching Ramps Shall Be Public. . . . . . . . . . . . . . . . . . . . . . .40.16 b. No Net Loss Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.16 c. Consideration of Impacts on Adjacent Uses. . . . . . . . . . . . . . . . . . . .40.16 d. Water and Shore Characteristics . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.16 e. Topography . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.16 f. Design to Ensure Minimal Impact. . . . . . . . . . . . . . . . . . . . . . . . . . . .40.16 g. Surface Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.16 h. Shore Facilities Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.17 4. Commercial and Community Services . . . . . . . . . . . . . . . . . . . . . . . . . . .40.17 a. Use Preference and Priorities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.17 b. Over-Water Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.18 c. Setbacks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.18 d. Scenic and Aesthetic Qualities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.18 5. Industrial Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.18 a. Use Preferences and Priorities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.18 b. Clustering of Non-Water-Oriented . . . . . . . . . . . . . . . . . . . . . . . . . . .40.19 c. Over-Water Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.19 d. Materials Storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.19 e. No Discharge Allowed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.19 f. Offshore Log Storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.20 g. Scenic and Aesthetic Qualities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.20 (Revised 12/11)3 - xii SECTION PAGE NUMBER NUMBER 6. Marinas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.20 a. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.20 b. Lake Washington . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.20 c. Location Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.20 d. Design Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.20 e. Operation Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.21 7. Piers and Docks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.22 a. General Criteria for Use and Approval of All New or Expanded Piers and Docks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.22 b. Additional Criteria for New or Expanded Residential Docks. . . . . . . . 40.22 c. Design Criteria – General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.24 d. Design Standards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.25 e. Maintenance and Repair of Docks . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.28 f. Buoy and Float Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.29 g. Variance to Dock and Pier Dimensions . . . . . . . . . . . . . . . . . . . . . . . 40.29 8. Recreation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.29 a. When Allowed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.29 b. Location Relative to the Shoreline . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.30 c. Over-Water Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.30 d. Public Recreation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.30 e. Private Recreation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.30 9. Residential Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.31 a. Single Family Priority Use and Other Residential Uses . . . . . . . . . . . 40.31 b. General Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.31 c. Public Access Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.31 d. Shoreline Stabilization Prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.31 e. Critical Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.32 f. Vegetation Conservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.32 g. New Private Docks Restricted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.32 h. Floating Residences Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.32 10. Transportation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.32 a. General Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.32 b. Roads. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.32 c. Railroads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.33 d. Trails. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.33 e. Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.33 f. Aviation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.34 11. Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.35 a. Criteria for All Utilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.35 b. Special Considerations for Pipelines . . . . . . . . . . . . . . . . . . . . . . . . . 40.37 c. Major Utilities – Specifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.37 d. Local Service Utilities, Specifications. . . . . . . . . . . . . . . . . . . . . . . . . 40.38 F. Shoreline Modification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.40 1. Vegetation Conservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.40 a. Standard Vegetation Conservation Buffer Width . . . . . . . . . . . . . . . . 40.40 b. Vegetation Conservation Buffer Widths by Reach . . . . . . . . . . . . . . . 40.40 3 - xiii (Revised 5/18) SECTION PAGE NUMBER NUMBER c. Alternative Vegetated Buffer Widths and Setbacks for Existing Single Family Lots. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.40 d. Reduction of Vegetated Buffer or Setback Width. . . . . . . . . . . . . . . .40.41 e. Increased Buffer Widths . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.43 f. Averaging of Buffer Width. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.43 g. Buffer Enhancement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.43 h. Exemption Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.43 i. Vegetation Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.44 j. Documentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.45 k. Off-Site Vegetation Conservation Fund . . . . . . . . . . . . . . . . . . . . . . .40.45 l. Vegetation Conservation Buffer Standards by Reach . . . . . . . . . . . .40.45 2. Landfill and Excavation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.48 a. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.48 b. Criteria for Allowing Landfills and Excavations Below Ordinary High Water Mark . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.48 c. Review Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.48 d. Performance Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.49 e. Shoreline Conditional Use Required . . . . . . . . . . . . . . . . . . . . . . . . .40.49 3. Dredging. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.49 a. General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.49 b. Dredging Limited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.49 c. Dredging Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.50 d. Review Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.50 e. Shoreline Conditional Use Required . . . . . . . . . . . . . . . . . . . . . . . . .40.51 4. Shoreline Stabilization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.52 a. General Criteria for New or Expanded Shoreline Stabilization Structures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.52 b. Design Criteria for New or Expanded Shoreline Stabilization Structures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.55 c. Existing Shoreline Stabilization Structures. . . . . . . . . . . . . . . . . . . . .40.55 5. Flood Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.56 a. Permitted Flood Control Projects . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.56 b. Prohibited Flood Control Projects. . . . . . . . . . . . . . . . . . . . . . . . . . . .40.56 c. Long-Term Compatibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.56 d. Criteria for Allowing Flood Control Projects . . . . . . . . . . . . . . . . . . . .40.56 e. Native Vegetation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.56 f. Consideration of Alternatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.56 g. Public Access Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 6. Stream Alteration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 a. Definition of Stream Alteration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 b. Alterations to Be Minimized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 c. Allowed if No Feasible Alternative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 d. Allowed for Flood Hazard Reduction . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 e. Prohibited Alterations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 f. Detriment to Adjacent Parcels Prohibited. . . . . . . . . . . . . . . . . . . . . . . . 41 g. Applicant’s Responsibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 h. Professional Design Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 (Revised 5/18)3 - xiv SECTION PAGE NUMBER NUMBER i. Impacts to Aquatic Life to Be Minimized . . . . . . . . . . . . . . . . . . . . . . . . 41 j. Flow Levels to Be Maintained . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 k. Conditional Use Required in a Channel Migration Zone (CMZ). . . . . . . 41 4-3-095 (Deleted by Ord. 5286, 5-14-2007). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 4-3-100 URBAN DESIGN REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 B. Applicability and Conflicts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 1. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 2. Conflicts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 C. Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 1. Interior Remodels. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 2. Aircraft Manufacturing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 D. Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 1. Review Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 2. Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 E. Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 1. Site Design and Building Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 2. Parking and Vehicular Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 3. Pedestrian Environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 4. Recreation Areas and Common Open Space . . . . . . . . . . . . . . . . . . . . . . . 61 5. Building Architectural Design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 6. Signage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 7. Lighting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 F. Modification of Minimum Standards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 G. Exceptions for Districts ‘A’ and ‘B’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 H. Variance (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 I. Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 4-3-105 (Deleted by Ord. 4992, 12-9-2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 4-3-110 URBAN SEPARATOR OVERLAY REGULATIONS . . . . . . . . . . . . . . . . . . . . . 73 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 B. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 C. Urban Separators Maps. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 1. May Valley Urban Separator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 2. Talbot Urban Separator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 3. Soos Creek Urban Separator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74.1 4. Lake Desire Urban Separator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74.2 D. Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 1. Review Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 2. Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 E. Urban Separator Overlay Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 1. Contiguous Open Space Corridor Established. . . . . . . . . . . . . . . . . . . . . . . 75 2. Dedication of Open Space Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 3. Uses Allowed in Contiguous Open Space . . . . . . . . . . . . . . . . . . . . . . . . . . 75 4. Uses in Portions of the Urban Separator Outside the Established Contiguous Open Space Corridor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 5. Standards Within Entire Urban Separator . . . . . . . . . . . . . . . . . . . . . . . . . . 76 6. Modification of Mapped Contiguous Open Space . . . . . . . . . . . . . . . . . . . . 77 3 - xv (Revised 3/13) SECTION PAGE NUMBER NUMBER 4-3-120 VIOLATIONS OF THIS CHAPTER AND PENALTIES . . . . . . . . . . . . . . . . . . 77 A. Enforcement Officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 B. Violations of This Chapter and Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 C. Tests. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 4-3-010D 3 - 1 (Revised 9/15) 4-3-010 ADULT RETAIL AND ENTERTAINMENT REGULATIONS: (Amd. Ord. 4827, 1-24-2000) A. PROHIBITED IN CERTAIN AREAS: Adult motion picture theaters, peep shows, pan- orams, adult retail uses, and places of adult enter- tainment are prohibited: 1. Within one thousand feet (1,000') of any residential zone or any single family or multi- ple family residential use; and 2. Within one thousand feet (1,000') of any public or private elementary or secondary school; and 3. Within one thousand feet (1,000') of any family day care, day care center for children, nursery, or preschool; and 4. Within one thousand feet (1,000') of any facility or institution used primarily for reli- gious purposes; and 5. Within one thousand feet (1,000') of any public park with the exclusion of public parks which solely consist of a public trail; and 6. Within one thousand feet (1,000') of any other established adult motion picture the- ater, peep show, panoram, adult retail use, or place of adult entertainment; and 7. Within one thousand feet (1,000') of an alcohol-serving tavern, bar, dance hall, restaurant or similar business; and 8. The City retains the discretion, when rare circumstances exist, to permit a use closer than the delineated setback distance if natu- ral features such as a wetland, natural area or creek or a built feature such as a major road creates an actual setback that is greater than the direct line setback. (Amd. Ord. 4773, 3-22-1999; Ord. 4828, 1-24-2000; Ord. 5597, 4-25-2011) B. EXCEPTIONS: Adult retail uses and adult entertainment busi- nesses, as defined herein, shall be permitted pro- vided the following geographic criteria can be met: 1. Located within those zones west of State Route 167 and south of Interstate 405; 2. Located south of and not facing SW 16th Street; 3. Located west of and not facing East Val- ley Highway; 4. Not located within one thousand feet (1,000') of any established adult motion pic- ture theater, peep show, panoram, adult retail use, or place of adult entertainment; 5. Not located on a parcel that shares the same street frontage of any established adult motion picture theater, peep show, panoram, adult retail use, or place of adult entertain- ment; and a. Parcels located along or taking pri- mary access from the same street with- out a bisecting primary arterial shall be considered to share the same street frontage. b. Parcels located within five hundred feet (500') of a street intersection shall be considered to have street frontage along both intersecting streets. 6. Not located on or between SW 43rd and SW 41st Streets; and 7. Not located within one thousand feet (1,000') of the Boeing “Longacres” property. (Ord. 5597, 4-25-2011; Ord. 5759, 6-22- 2015) C. MEASUREMENT PROCEDURE: The distances provided in this Section shall be measured by following a straight line, without re- gard to intervening buildings, from the nearest point of the property parcel upon which the pro- posed use is to be located to the nearest point of the parcel of property, street or land use district boundary line from which the proposed land use is to be separated. (Ord. 5597, 4-25-2011) D. LIABILITY: Nothing in this Section is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any City regulation or statute of the State of Washington regarding public nuisances, sexual conduct, lewdness or obscene or harmful 4-3-010E (Revised 9/15)3 - 2 matter or the exhibition or public display thereof. (Ord. 5597, 4-25-2011) E. VIOLATIONS OF THIS CHAPTER AND PENALTIES: Violation of this Section on adult retail and enter- tainment regulations is declared to be a public nuisance per se, which may be abated by the City by way of civil abatement procedures, RMC 1-3-3, or RMC 1-3-2, Civil Penalties, or both, and not by criminal prosecution. (Ord. 4261, 2-26-1990; Ord. 5159, 10-17-2005; Ord. 5597, 4-25-2011) F. NONCONFORMING USES: 1. Amortization Schedule: Any adult en- tertainment, activity, use, or retail use located within the City limits on the effective date of Ordinance No. 4827 (February 27, 2000) that is made nonconforming by this Section shall be terminated within one year. 2. Extension Requests. a. Timing: Such termination date may be extended upon the approval of an ap- plication filed with the City within one hundred twenty (120) days of the effec- tive date of the ordinance codified in this Section requesting an extension to such one-year amortization period. b. Decision Criteria: The administra- tive decision on whether or not to ap- prove any extension period and the length of such period shall be based upon the applicant demonstrating a sig- nificant economic hardship that is based on an irreversible financial investment or commitment unique to that location made prior to the effective date of the ordinance codified in this Section including, but not limited to, fixed assets and tenant im- provements. A determination of signifi- cant economic hardship shall be based upon the degree to which the require- ments of this Section diminish the viabil- ity of the business or precludes reasonable alternative uses of the sub- ject property. c. Process: The extension request shall be processed as a Type V proce- dure pursuant to RMC 4-8-080G. d. Maximum Extension Period: No extension period shall be greater than one year. e. Appeals: Rights to appeal the deci- sion are governed by the provisions of RMC 4-8-110E8 and F6. (Ord. 4828, 1-24-2000; Ord. 5597, 4-25-2011) 4-3-020 AIRPORT RELATED HEIGHT AND USE RESTRICTIONS: A. AIRPORT INFLUENCE AREA ESTABLISHED: In order to regulate the use of property in the vi- cinity of the airport, all of the land within Safety Zones 1 through 6 of the Renton Municipal Airport shall be known as the Airport Influence Area, as shown in subsection F of this Section. (Ord. 5029, 11-24-03) B. HEIGHT LIMITS: Except as otherwise provided in this Code, no structure or tree shall penetrate the Federal Avia- tion Regulation Part 77 Objects Affecting Naviga- ble Airspace, as shown in subsection G of this Section. (Ord. 1542, 4-17-1956; Ord. 1829, 5-17-1960; Amd. Ord. 5029, 11-24-03) C. USE RESTRICTIONS: 1. Notwithstanding any other provisions of this Code, no use may be made of land within Airport Safety Zones 1 through 4, as shown in subsection F of this Section, in such a man- ner as to create electrical interference with ra- dio communication between the airport and aircraft, making it difficult for fliers to distin- guish between airport lights and others, result in glare in the eyes of fliers using the airport, impair visibility in the vicinity thereof, or other- wise endanger the landing, taking off, or ma- neuvering of aircraft. 2. Places of public assembly in the Airport Influence Area, as shown in subsection F of this Section, may be conditioned in terms of frequency of use, time of use, and number of people assembled. 3. Residential uses may be conditioned in relation to residential density in the Airport In- fluence Area, as shown in subsection F of this Section. 4-3-020E 3 - 2.1 (Revised 8/11) 4. Nonresidential uses may be conditioned in relation to intensity of use in the Airport In- fluence Area, as shown in subsection F of this Section. 5. Bird attractants, such as uncovered refuse dumpsters, and uses that produce smoke, dust, glare, vapor, gasses or other emissions may be restricted in the Airport In- fluence Area, as shown in subsection F of this Section. 6. Noise-sensitive uses shall be prohibited from locating within the 65 DNL (or higher) noise contour of the Renton Municipal Air- port, as shown in subsection H of this Sec- tion. (Ord. 5029, 11-24-03) D. HAZARD MARKING AND LIGHTING: Any permit or variance granted as provided in this Section and affecting Airport Safety Zones 1 through 4, as shown in subsection F of this Sec- tion, shall be so conditioned as to require the owner of the structure or tree in question to install, operate and maintain thereon, at the owner’s own expense, such markers and lights as may be nec- essary to give adequate notice to aircraft of the presence of such airport hazard. E. SAFETY VERIFICATION AND NOTIFICATION: 1. Land Use Permit Master Applications for proposed projects to be located within the Air- port Influence Area shall require one of the following: a. A certificate from an engineer or land surveyor, that clearly states that the pro- posed use will not penetrate the Federal Aviation Administration Regulation Part 77 Objects Affecting Navigable Airspace (subsection G of this Section); or b. The maximum elevation of proposed buildings or structures based on the es- tablished airport elevation reference da- tum will not penetrate the Federal Aviation Administration Regulation Part 77 Objects Affecting Navigable Airspace (subsection G of this Section). Elevations shall be determined by an engineer or land surveyor. 2. Within the Airport Influence Area, as shown in subsection F of this Section, disclo- sure notice shall be placed on land title when (Revised 8/11)3 - 2.2 This page left intentionally blank. 4-3-020E 3 - 3 (Revised 1/05) property is subdivided, or as part of approval of conditional use permits, special use per- mits, building permits, or other SEPA nonex- empt projects. Such notice may relate to noise, low overhead flights, aviation opera- tions that create high levels of noise, or avia- tion operations at night when there is greater sensitivity to noise. 3. Prior to approval of residential land use or other land uses where noise-sensitive ac- tivities may occur within the Airport Influence Area, as shown in subsection F of this Sec- tion, an avigation easement shall be granted to the City of Renton. The avigation ease- ment shall be approved by the City Attorney prior to recording. 4. Prior to approval of land uses where avi- ation overflight may occur within the Airport Influence Area, as shown in subsection F of this Section, an avigation easement shall be granted to the City of Renton. The avigation easement shall be approved by the City Attor- ney prior to recording. 5. Applicants for projects located within the Airport Influence Area shall submit a descrip- tion of construction and a construction sched- ule prior to issuance of building permits to prevent construction equipment, such as cranes, from penetrating the airspace without prior notification to responsible parties. (Ord. 1542, 4-17-1956; Amd. Ord. 5029, 11-24- 03; Ord. 5100, 11-1-04) 4-3-020F (Revised 1/05)3 - 4 F. AIRPORT INFLUENCE AREA MAP: (Ord. 5029, 11-24-03; Ord. 5100, 11-1-04) 4-3-020G 3 - 5 (Revised 1/05) G. FEDERAL AVIATION REGULATION PART 77 OBJECTS AFFECTING NAVIGABLE AIRSPACE: (Ord. 5100, 11-1-04) 4-3-020H (Revised 1/05)3 - 6 H. RENTON MUNICIPAL AIRPORT ANNUAL AVERAGE NOISE EXPOSURE MAP: (Ord. 5029, 11-24-03; Ord. 5100, 11-1-04) 4-3-040B 3 - 7 (Revised 5/18) 4-3-030 (Reserved) 4-3-040 AUTOMALL DISTRICT: A. PURPOSE: These regulations establish development stan- dards to implement the Renton Automall Im- provement Plan by guiding the redevelopment of the Automall District. (Ord. 5191, 12-12-2005; Ord. 5437, 12-8-2008; Ord. 5759, 6-22-2015) B. APPLICABILITY – RENTON AUTOMALL DISTRICT: 1. Automall Area A: Those properties within the areas bounded by South Grady Way on the north, Rainier Avenue South (SR- 167) on the east, I-405 on the south, and Seneca Avenue South on the west, and that area bounded by SW Grady Way on the north, Raymond Avenue SW on the west, Seneca Avenue SW on the east, and the al- ley midway between SW Grady Way and SW 12th Street on the south. 2. Automall Area B: Those properties the majority of which fall within the following de- scribed areas: That area along the south side of SW Grady Way defined by the alley be- tween SW Grady Way and SW 12th Street on the north, Seneca Avenue SW on the east, Raymond Avenue SW on the west, and I-405 on the south; That area along the south side of SW Grady Way west of Raymond Avenue South be- tween SW Grady Way on the north, Raymond Avenue South on the east, a north/south line approximately four hundred feet (400') west of Raymond Avenue SW on the west, and I- 405 on the south; That area along the north side of SW Grady Way west of Lind Avenue South bounded by SW Grady Way on the south, Oakesdale Av- enue SW on the west, SW 10th Street and its southwesterly extension on the north, and Lind Avenue SW on the east; That area along the north side of SW Grady Way between Lind Avenue to the west and Rainier Avenue South on the east. Beginning at a point approximately four hundred feet (400') north of SW Grady Way along the east side of Lind Avenue SW on the west, then east for a distance of approximately three hundred twenty five feet (325'), then south to a point approximately one hundred eighty feet (180') north of SW Grady Way, then east from this point parallel to SW Grady Way to a point approximately ninety feet (90') west of Rainier Avenue South, then north from this point approximately sixty feet (60'), then west approximately fifty feet (50'), and then north approximately two hundred fifteen feet (215') and then east approximately one hundred sixty feet (160') to Rainier Avenue South on the east; That area north of South 7th Street and west of Hardie Avenue generally described as the area beginning at the northwest corner of South 7th Street and Hardie Avenue South and then proceeding west approximately four hundred twenty five feet (425'), then north ap- proximately four hundred fifty feet (450') to the southern edge of the Burlington Northern Railroad right-of-way, then east along the rail- road right-of-way approximately two hundred thirty five feet (235') to Hardie Avenue and then south along Hardie Avenue to the begin- ning point; That area north of South 7th Street between Hardie Avenue on the west, the Burlington Northern Railroad right-of-way on the north, and Rainier Avenue on the east; That area north of South 7th Street between Rainier Avenue South on the west, a line ap- proximately one hundred ninety feet (190') north of and parallel to South 7th Street on the north, and Shattuck Avenue South on the east; The triangular area on the south side of South 7th Street between Hardie Avenue on the west and Rainier Avenue on the east; The larger area north of South Grady Way between Rainier Avenue on the west and Shattuck Avenue South on the east between South 7th Street on the north and South Grady Way on the south; That area north of South Grady Way between Shattuck Avenue South on the west, the northern edge of the former railroad right-of- 4-3-040C (Revised 5/18)3 - 8 way approximately one hundred fifty feet (150') north of S. Grady Way, and Talbot Road/Smithers Avenue S. on the east; and That area along the south side of S. Grady Way east of Talbot Road bounded by Talbot Road on the west, S. Grady Way on the northwest, Renton City Hall on the north/ northeast, Benson Road S. on the east/ southeast, and the I-405 right-of-way on the south. Together with those properties and portions thereof zoned Commercial Arterial (CA) within the area between SR-167/Rainier Ave- nue South on the west, South Grady Way on the north, Talbot Road South on the east and I-405 on the south. 3. Automall Area C: Those properties bounded by SR-167 on the east, Lind Avenue SW on the west, SW 41st Street on the south, and the approximate course of Panther Creek on the north. (Ord. 5191, 12-12-2005; Ord. 5355, 2-25-2008; Ord. 5437, 12-8-2008; Ord. 5675, 12-3-2012; Ord. 5759, 6-22-2015) C. USES PERMITTED IN THE RENTON AUTOMALL DISTRICT: The following use provisions take precedence over the underlying zoning: D. DEVELOPMENT STANDARDS FOR USES LOCATED WITHIN THE RENTON AUTOMALL – AREAS A, B AND C: All permitted uses in Area A and all auto sales and related uses in Areas B and C of the Renton Automall shall comply with the following development standards: 1. USES ALLOWED IN AREA A Only the following uses are permitted within Automall Area A 2. USES ALLOWED IN AREAS B AND C Within the CA Zone: Small vehicle sales; Secondary uses including: Licensing bureaus, car rentals, public parking, and other uses determined by the Administrator to directly support dealerships; Within the IM Zone: Small vehicle sales, and existing office; Secondary uses including: Licensing bureaus, car rentals, public parking, off-site parking consistent with RMC 4-4-080E2 and other uses determined by the Administrator to directly support dealerships. All uses permitted by the under- lying zoning ALL USES IN AREA A, DEALERSHIPS AND RELATED USES IN AREAS B AND C SERVICE AREA ORIENTATION Service areas shall not face public street frontage. LANDSCAPING – STREET FRONTAGE LANDSCAPING REQUIREMENTS for lots that abut Lind Avenue S.W., S.W. Grady Way, Talbot Road S. (SR-515), East Valley Road, or Rainier Avenue S. A 15-foot-wide landscape strip along these street frontages. This frontage requirement is in lieu of the frontage requirement listed for the zone in chapter 4-2 RMC. Unimproved portions of the right-of-way may be used in combination with abutting private property to meet the required 15-foot landscape strip width. The landscaping shall include a minimum 30-inch-high berm and red maples (Acer rubrum), or other equivalent tree species required or approved by the Administrator on the City’s Approved Tree List per RMC 4-4-070L, planted 25 feet on center. 4-3-040G 3 - 9 (Revised 5/18) (Amd. Ord. 5355, 2-25-2008; Ord. 5676, 12-3-2012; Ord. 5828, 12-12-2016) E. POTENTIAL WAIVER OF STREET VACATION FEES FOR DEALERSHIPS LOCATED WITHIN THE RENTON AUTOMALL AREA A: All street vacation fees and compensation for the right-of-way may be waived by the Council for de- veloping properties in Area A, provided: 1. The properties are designated to be va- cated on the Automall Improvement Plan Map, 2. The application for street vacation con- forms to RMC 9-14-10, Administrative Proce- dure for Right-of-Way Vacations, and 3. The uses proposed conform to subsec- tion C of this Section. (Amd. Ord. 4749, 10-19-1998) F. Reserved. (Amd. Ord. 5331, 12-10-2007; Ord. 5437, 12-8-2008) G. MAP OF AUTOMALL OVERLAY DISTRICTS: The Automall Overlay is identified in the City of Renton’s COR Maps, the City’s online interactive mapping application available through the City’s website. (Amd. Ord. 5355, 2-25-2008; Ord. 5675, 12-3-2012; Ord. 5759, 6-22-2015; Ord. 5867, 12- 11-2017) LANDSCAPING – MINIMUM AMOUNT AND LOCATION Minimum 2.5% of the gross site area shall be provided as on-site landscaping. Landscaping shall be consolidated and located at site entries, building fronts, or other visually prominent locations as approved through the site plan development review process. Minimum landscaping may be reduced to 2% of the gross site area where bioretention, permeable paving, or other low impact development techniques consistent with the Surface Water Design Manual are integrated. LANDSCAPE MAINTENANCE AND TREE REMOVAL All landscaping is subject to maintenance pursuant to RMC 4-4-070P. WHEEL STOPS If frontage landscaping is relocated, then permanent wheel stops or continuous curbs must be installed a minimum of 2.5 feet from sidewalks to prevent bumper overhang of sidewalks. Where these requirements differ from the requirements of the parking, loading and driveway regulations of chapter 4-4 RMC, these requirements shall govern. CUSTOMER PARKING Customer parking shall be designated and striped near entry drives and visible from public streets. Where possible, customer parking shall be combined with abutting dealership customer parking and shared access. Where these requirements differ from the requirements of the parking, loading and driveway regulations of chapter 4-4 RMC, these requirements shall govern. AUTOMALL RIGHT-OF-WAY IMPROVEMENT PLAN COORDINATION Development shall be coordinated with the adopted right-of-way improvement plan which addresses gateways, signage, landscaping, and shared access. AUTOMALL IMPROVEMENT PLAN COMPLIANCE All development shall coordinate with the Automall Improvement Plan adopted by Resolution No. 3457. The plan addresses potential street vacations, right-of-way improvements, area gateways, signage, landscaping, circulation, and shared access. ALL USES IN AREA A, DEALERSHIPS AND RELATED USES IN AREAS B AND C 4-3-050A (Revised 5/18)3 - 10 4-3-050 CRITICAL AREAS REGULATIONS: 4-3-050A PURPOSE 4-3-050B APPLICABILITY 4-3-050C EXEMPT, PROHIBITED AND NONCONFORMING ACTIVITIES 4-3-050D ADMINISTRATION AND INTERPRETATION 4-3-050E MAPS 4-3-050F SUBMITTAL REQUIREMENTS AND FEES 4-3-050G DEVELOPMENT STANDARDS 4-3-050H ALTERATIONS TO CRITICAL AREAS AND/OR BUFFERS – GENERAL REQUIREMENTS 4-3-050I ALTERATIONS TO CRITICAL AREAS BUFFERS 4-3-050J ALTERATIONS TO CRITICAL AREAS 4-3-050K VARIANCES 4-3-050L MITIGATION, MAINTENANCE AND MONITORING 4-3-050M APPEALS 4-3-050N UNAUTHORIZED ALTERATIONS AND ENFORCEMENT A. PURPOSE: The purposes of this Section are to: 1. Manage development activities to protect environmental quality, promote diversity of species, and habitat within the City; 2. Ensure that activities in or affecting criti- cal areas do not threaten public safety, cause nuisances, or destroy or degrade critical area functions and values; 3. Prevent the loss of critical area acreage and functions and strive for a net gain over present conditions through restoration where feasible; 4. Assist or further the implementation of the policies of the Growth Management Act, the State Environmental Policy Act, and the City Comprehensive Plan; 5. Provide City officials with information to evaluate, approve, condition or deny public or private development proposals with regard to critical area impacts; 6. Protect the public life, health, safety, wel- fare, and property by minimizing and manag- ing the adverse environmental impacts of development within and abutting critical ar- eas; 7. Protect the public from: a. Avoidable monetary losses due to maintenance and replacement of public facilities and utilities, property damage, public mitigation of avoidable impacts, and public emergency rescue and relief operations; and b. Potential litigation on improper con- struction practices occurring in critical ar- eas; 8. Reduce the potential for damage to life and property from abandoned coal mines, and return the land to productive uses; 9. Maintain, to the extent practicable, a sta- ble tax base by providing for the sound use and development of areas of flood hazard ar- eas so as to minimize future flood blight ar- eas; and 10. Protect riparian habitat in order to pro- vide for bank and channel stability, sustained water supply, flood storage, recruitment of woody debris, leaf litter, nutrients, sediment and pollutant filtering, shade, shelter, and other functions that are important to both fish and wildlife. B. APPLICABILITY: 1. Lands to Which These Regulations Apply and Non-regulated Lands: The fol- lowing critical areas are regulated by this Section. Multiple development standards may apply to a site feature based upon over- lapping critical area(s) and/or critical area classifications: a. Flood hazard areas. b. Steep slopes (must have a minimum vertical rise of fifteen feet (15')), landslide hazards, erosion hazards, seismic haz- ards, and/or coal mine hazards or on sites within fifty feet (50') of steep slopes, landslide hazards, erosion hazards, seis- mic hazards, and/or coal mine hazards classified under RMC 4-3-050G5a which are located on abutting or adjacent sites. 4-3-050B 3 - 11 (Revised 5/18) c. Habitat Conservation Areas. d. Streams and Lakes. All applicable requirements of this Section apply to Class F, Np, and Ns water bodies, as de- fined in subsection G7 of this Section or on sites within one hundred feet (100') of Class F, Np, and Ns water bodies, except Type S water bodies, inventoried as “Shorelines of the State,” are not subject to this Section, and are regulated in RMC 4-3-090, Shoreline Master Program Reg- ulations, and RMC 4-9-190, Shoreline Permits. e. Wellhead Protection Areas. f. Wetlands, Categories I, II, III, and IV or on sites within two hundred feet (200') of Category I, II, III, and IV wetlands. Wetlands created or restored as a part of a miti- gation project are regulated wetlands. Regulated (Revised 5/18)3 - 12 This page left intentionally blank. 4-3-050C 3 - 13 (Revised 9/15) wetlands do not include those artificial wetlands intentionally created from nonwetland sites, in- cluding, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention fa- cilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wet- lands created after July 1, 1990, that were unin- tentionally created as a result of the construction of a road, street, or highway. g. Sites Separated from Critical Ar- eas, Nonregulated: As determined by the Administrator, these regulations may not apply to development proposed on sites that are separated from critical ar- eas by pre-existing, intervening, and law- fully created structures, roads, or other substantial existing improvements. For the purposes of this Section, the inter- vening lots/parcels, roads, or other sub- stantial improvements shall be found to: i. Separate the subject upland property from the critical area due to their height or width; and ii. Substantially prevent or impair delivery of most functions from the subject upland property to the critical area. Such determination and evi- dence shall be included in the appli- cation file. Public notification shall be given as follows: (a) For applications that are not subject to notices of application pursuant to Chapter 4-8 RMC, notice of the buffer determination shall be given by posting the site and notifying parties of record, if any, in accordance with Chapter 4-8 RMC. (b) For applications that are subject to notices of application, the buffer determination or re- quest for determination shall be included with notice of applica- tion. Upon determination, notifi- cation of parties of record, if any, shall be made. 2. Activities to Which These Regulations Apply: The provisions of this Section shall apply to any regulated activity that potentially affects a critical area or its buffer unless oth- erwise exempted by these regulations. Where a regulated activity would be partly within and partly outside a critical area or its buffer, the entire activity shall be reviewed pursuant to the requirements of this Section. Applicable activities are as follows: a. Removing, excavating, disturbing, or dredging soil, sand, gravel, minerals, or- ganic matter or materials of any kind. b. Dumping, discharging, or filling with any material. c. Draining, flooding, or disturbing the water level or water table, or diverting or impeding water flow. d. Driving pilings or placing obstruc- tions. e. Constructing, substantially recon- structing, demolishing, or altering the size of any structure or infrastructure. f. Destroying or altering vegetation through clearing, grading, harvesting, shading, or planting vegetation that would negatively affect the character of a critical area. g. Changing, significantly, water tem- perature, physical or chemical character- istics of water sources, including quantity and pollutants by any activity. h. Affecting, potentially, a critical area or buffer by any other activity not other- wise exempt from the provisions of this Section as determined by the depart- ment. C. EXEMPT, PROHIBITED AND NONCONFORMING ACTIVITIES: 1. Permit Required: a. Development or Alteration: Prior to any development or alteration of a prop- erty containing a critical area as defined in subsection B of this Section, entitled Applicability, the owner or designee must obtain a development permit, critical area permit, and/or letter of exemption. No separate critical area permit is required for a development proposal which re- 4-3-050C (Revised 9/15)3 - 14 quires development permits or which has received a letter of exemption. b. Operating and Closure Permits – Wellhead Protection Areas: Wellhead Protection Areas operating permit and closure permit requirements are con- tained in RMC 4-9-015, Aquifer Protec- tion Areas Permits. 2. Letter of Exemption: a. Flood Hazard Areas, Geologically Hazardous Areas, Habitat Conserva- tion Areas, Streams and Lakes, Well- head Protection Areas, Wetlands: Except in the case of public emergen- cies, all other exemptions in this subsec- tion C may require that a letter of exemption be obtained from the Adminis- trator prior to construction or initiation of activities. b. Applicability of Requirements to Exempt Activities: Exempt activities provided with a letter of exemption may intrude into the critical area or required buffer subject to any listed conditions or requirements. Exempt activities do not need to comply with mitigation ratios of subsection J of this Section unless re- quired in exemption criteria. c. Reports and Mitigation Plans Re- quired: A critical area report, and/or en- hancement or mitigation plan shall be required pursuant to subsections F and L of this Section, unless otherwise waived by the Administrator. d. Administrator Findings: In deter- mining whether to issue a letter of ex- emption for activities listed in this subsection C, the Administrator shall find that: i. The activity is not prohibited by this or any other provision of the Renton Municipal Code or State or Federal law or regulation; ii. The activity will be conducted us- ing best management practices as specified by industry standards or applicable Federal agencies or sci- entific principles; iii. Impacts are minimized and, where applicable, disturbed areas are immediately restored; iv. Where water body or buffer dis- turbance has occurred in accordance with an exemption during construc- tion or other activities, revegetation with native vegetation shall be re- quired; v. If a hazardous material, activity, and/or facility that is exempt pursu- ant to this Section has a significant or substantial potential to degrade groundwater quality, then the Admin- istrator may require compliance with the Wellhead Protection Area re- quirements of this Section otherwise relevant to that hazardous material, activity, and/or facility. Such determi- nations will be based upon site and/ or chemical-specific data. 3. Exemptions – Critical Areas and Buf- fers: Exempt activities are listed in the follow- ing table. If an “X” appears in a box, the listed exemption applies in the specified critical area and required buffer. If an “X” does not appear in a box, then the exemption does not apply in the particular critical area or required buffer. Where utilized in the following table the term “restoration” means returning the subject area back to its original state or better following the performance of the exempt ac- tivity. Activities taking place in critical areas and their associated buffers and listed in the following table are exempt from the applica- ble provisions of this Section, provided a let- ter of exemption has been issued. Whether the exempted activities are also exempt from permits will be determined based upon appli- cation of chapters 4-8 and 4-9 RMC, or other applicable sections of the Renton Municipal Code. 4-3-050C 3 - 15 (Revised 9/15) EXEMPT ACTIVITIES – PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS EXEMPT ACTIVITY Flood Hazard Areas Geologic Hazard Area Habitat Conservation Area Streams and Lakes: Type F, Np, & Ns Wellhead Protection Areas Wetlands a. Conservation, Enhancement, Education and Related Activities: i. Natural Resource/Habitat Conservation or Preservation2 XX X X X 1 X ii. Enhancement activities as defined in Chapter 4-11 RMC XX X X X iii. Approved Restoration/ Mitigation3 XX X X X 1 X b. Research and Site Investigation: i. Nondestructive Education and Research XX X X X 1 X ii. Site Investigative Work 4 XX X X X 1 X c. Agricultural, Harvesting, Vegetation Management: i. Harvesting Wild Foods 5 XX X X X 1 X ii. Existing/Ongoing Agricultural Activities6 XX X X X iii. Dangerous Trees 7 XX X X 8 X1 X8 d. Surface Water: i. New Surface Water Discharges9 XX X ii. Modification of existing Regional Stormwater Facilities10 X iii. Flood Hazard Areas Reduction11 XX iv. Storm Drainage Piping 12 X e. Roads, Parks, Public and Private Utilities 18: i. Relocation of Existing Utilities out of Critical Area and Buffer13 XX X X X 1 X ii. New trails, existing Parks, Trails, Roads, Facilities, and Utilities – Maintenance, Operation, Repair, and the Construction of New Trails14 XX X X iii. Utilities, Traffic Control, Walkways, Bikeways Within Existing, Improved Right-of-Way or Easements15 XX X X iv. Modification of Existing Utilities and Streets by Ten Percent (10%) or Less16 XX17 X17 f. Temporary Wetland Impacts: i. Temporary Wetland Impacts19 XX 4-3-050C (Revised 9/15)3 - 16 Footnotes: 1. If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant or substantial potential to degrade groundwater quality, then the Administrator may require compliance with the Wellhead Protection Area requirements of this Section otherwise relevant to that hazardous material activity and/or facility. 2. Conservation or preservation of soil, water, vegetation, fish and other wildlife. 3. Any critical area and/or buffer restoration or other mitigation activities which have been approved by the City. 4. Site investigative work necessary for land use application submittals such as surveys, soil logs, perco- lation tests and other related activities. Investigative work shall not disturb any more than five percent (5%) of the critical area and required buffer. In every case, impacts shall be minimized and disturbed areas shall be immediately restored at a one-to-one (1:1) ratio. 5. The harvesting of wild foods in a manner that is not injurious to natural reproduction of such foods and provided the harvesting does not require tilling of soil, planting of crops or alteration of the critical area. 6. Existing and ongoing agricultural activities including farming, horticulture, aquaculture and/or mainte- nance of existing irrigation systems. Activities on areas lying fallow as part of a conventional rotational cycle are part of an ongoing operation; provided, that the agricultural activity must have been conducted within the last five (5) years. Activities that bring a critical area into agricultural use are not part of an ongoing operation. Maintenance of existing legally installed irrigation, ditch and pipe systems is allowed; new or expanded irrigation, ditch, outfall or other systems are not exempt. If it is necessary to reduce the impacts of agricultural practices to critical areas, a farm management plan may be required based on the King County Conservation District’s Farm Conservation and Practice Standards, or other best management practices. 7. Removal of non-native invasive ground cover or weeds listed by King County Noxious Weed Board or other government agency or dangerous trees, as defined in Chapter 4-11 RMC which have been ap- proved by the City and certified dangerous by a licensed landscape architect, or certified arborist, se- lection of whom to be approved by the City based on the type of information required. g. Maintenance and Construction – Existing Uses and Facilities: i. Remodeling, Replacing, Removing Existing Structures, Facilities, and Improvements20 XX X X ii. Maintenance and Repair – Any Existing Public or Private Use21 XX X X iii. Modification of an Existing Single Family Dwelling22 XX X X iv. Existing Activities 23 XX X X X h. Emergency Activities: i. Emergency Activities 24, 25, 26, 27 XX X X X 1 X i. Hazardous Materials: i. Federal or State Preemption28 X1 ii. Use of Materials with No Risk29 X1 EXEMPT ACTIVITIES – PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS (Continued) EXEMPT ACTIVITY Flood Hazard Areas Geologic Hazard Area Habitat Conservation Area Streams and Lakes: Type F, Np, & Ns Wellhead Protection Areas Wetlands 4-3-050C 3 - 17 (Revised 5/18) 8. Limited to cutting of dangerous trees; such hazardous trees shall be retained as large woody debris in critical areas and/or associated buffers, where feasible. 9. New surface water discharges in the form of dispersion trenches, outfalls and bioswales are allowed within the outer twenty five percent (25%) of the buffer of a Category III or IV wetland only provided that: the discharge meets the requirements of the Storm and Surface Water Drainage Regulations (RMC 4-6-030); no other location is feasible; and will not degrade the functions or values of the wetland or stream. Where differences exist between these regulations and RMC 4-6-030, these regulations will take precedence. 10. Modifications to existing regional stormwater management facilities operated and maintained under the direction of the City Surface Water Utility that are designed consistent with the current version of the Washington State Department of Ecology Wetlands and Stormwater Management Guidelines or meet- ing equivalent objectives. 11. Implementation of public flood hazard areas reduction and public surface water projects, where habitat enhancement and restoration at a one-to-one (1:1) ratio are provided, and appropriate Federal and/or State authorization has been received. 12. Installation of new storm drainage lines in any geologic hazard area when a geotechnical report clearly demonstrates that the installation would comply with the criteria listed in RMC 4-3-050.J.1 and that the installation would be consistent with each of the purposes of the critical area regulations listed in RMC 4-3-050.A. Also, to qualify for the exemption, the report must propose appropriate mitigation for any po- tential impacts identified in the report. 13. Relocation out of critical areas and required buffers of natural gas, cable, communication, telephone and electric facilities, lines, pipes, mains, equipment and appurtenances (not including substations), with an associated voltage of fifty five thousand (55,000) volts or less, only when required by a local governmental agency, and with the approval of the City. Disturbed areas shall be restored. 14. Normal and routine maintenance, operation and repair of existing parks and trails, or the construction of new trails, streets, roads, rights-of-way and associated appurtenances, facilities and utilities where no alteration or additional fill materials will be placed other than the minimum alteration and/or fill needed to restore those facilities or to construct new trails to meet established safety standards. The use of heavy construction equipment shall be limited to utilities and public agencies that require this type of equipment for normal and routine maintenance and repair of existing utility structures and rights-of- way. In every case, critical area and required buffer impacts shall be minimized and disturbed areas shall be restored during and immediately after the use of construction equipment. 15. Within existing and improved public road rights-of-way or easements, installation, construction, replace- ment, operation, overbuilding or alteration of all natural gas, cable, communication, telephone and elec- tric facilities, lines, pipes, mains, equipment or appurtenances, traffic control devices, illumination, walkways and bikeways. If activities exceed the existing improved area or the public right-of-way, this exemption does not apply. Where applicable, restoration of disturbed areas shall be completed. 16. Overbuilding (enlargement beyond existing project needs) or replacement of existing utility systems and replacement and/or rehabilitation of existing streets, provided: a. The work does not increase the footprint of the structure, line or street by more than ten percent (10%) within the critical area and/or buffer areas, and occurs in the existing right-of-way bound- ary or easement boundary. b. Restoration shall be conducted where feasible. Compensation for impacts to buffers shall in- clude enhancement of the remaining buffer area along the impacted area where there is en- hancement opportunity. c. The Administrator determines that, based on best judgment, a person would not: (i) be able to meaningfully measure, detect, or evaluate insignificant effects; or (ii) expect discountable ef- fects to occur. d. This exemption allows for ten percent (10%) maximum expansion total, life of the project. After the ten percent (10%) expansion cap is reached, future improvements are subject to all appli- cable provisions of this Section. 17. Exemption is not allowed in Category I wetlands. 18. Maintenance activities, including routine vegetation management and essential tree removal, and re- moval of non-native invasive vegetation or weeds listed by the King County Noxious Weed Board or other government agency, for public and private utilities, road rights-of-way and easements, and parks. 4-3-050C (Revised 5/18)3 - 18 19. Temporary disturbances of a wetland due to construction activities that do not include permanent filling may be permitted; provided, that there are no permanent adverse impacts to the critical area or required buffer, and areas temporarily disturbed are restored at a one-to-one (1:1) ratio. Category I wetlands and Category II forested wetlands shall be enhanced at a two-to-one (2:1) ratio in addition to being restored. For Habitat Conservation Areas, this exemption applies only to Category I wetlands. 20. Remodeling, restoring, replacing or removing structures, facilities and other improvements in existence or vested on the date this Section becomes effective and that do not meet the setback or buffer require- ments of this Section provided the work complies with the criteria in RMC 4-10-090. 21. Normal and routine maintenance and repair of any existing public or private uses and facilities where no alteration of the critical area and required buffer or additional fill materials will be placed. The use of heavy construction equipment shall be limited to utilities and public agencies that require this type of equipment for normal and routine maintenance and repair of existing utility or public structures and rights-of-way. In every case, critical area and required buffer impacts shall be minimized and disturbed areas shall be restored during and immediately after the use of construction equipment. 22. Additions and alterations of an existing single family residence and/or garage (attached or detached); provided, that the addition/alteration does not increase the footprint of the structure lying within the crit- ical area or buffer; and provided, that no portion of the addition/alteration occurs closer to the critical area or required buffers than the existing structure unless the structure or addition can meet required buffers. Existing or rebuilt accessory structures associated with single family dwelling and rebuilt with the same footprint such as fences, gazebos, storage sheds, and play houses are exempt from this Sec- tion. New accessory structures may be allowed when associated with single-family dwellings such as fences, gazebos, storage sheds, play houses and when built on and located in a previously legally al- tered area. 23. Existing activities which have not been changed, expanded or altered, provided they comply with the applicable requirements of chapter 4-10 RMC. 24. Emergency activities are those which are undertaken to correct emergencies that threaten the public health, safety and welfare. An emergency means that an action must be undertaken immediately or within a time frame too short to allow full compliance with this Section, to avoid an immediate threat to public health or safety, to prevent an imminent danger to public or private property, or to prevent an im- minent threat of serious environmental degradation. 25. Emergency tree and/or ground cover removal by any City department or agency and/or public or private utility involving immediate danger to life or property, substantial fire hazards, or interruption of services provided by a utility. 26. Emergency activities in Wellhead Protection Areas: Public interest emergency use, storage, and han- dling of hazardous materials by governmental organizations. 27. Temporary emergency exemptions shall be used only in extreme cases and not to justify poor planning by an agency or applicant. Issuance of an emergency permit by the City does not preclude the necessity to obtain necessary approvals from appropriate Federal and State authorities. Notwithstanding the pro- visions of this Section or any other City laws to the contrary, the Administrator may issue a temporary emergency exemption letter if the action meets the requirements: a. An unacceptable threat to life or severe loss of property will occur if an emergency permit is not granted; b. The anticipated threat or loss may occur before a permit can be issued or modified under the procedures otherwise required by this Section and other applicable laws; c. Any emergency exemption letter granted shall incorporate, to the greatest extent practicable and feasible but not inconsistent with the emergency situation, the standards and criteria re- quired for nonemergency activities under this Section. The emergency exemption shall be consistent with the following procedural and time requirements: a. The emergency shall be limited in duration to the time required to complete the authorized emergency activity; provided, that no emergency permit be granted for a period exceeding ninety (90) days except as specified in RMC 4-3-050C. b. Any critical area altered as a result of the emergency activity must be restored within the ninety (90) day period, except that if more than ninety (90) days from the issuance of the emergency permit is required to complete restoration, the emergency permit may be extended to complete this restoration. For the purposes of this paragraph, restoration means returning the affected area to its state prior to the performance of the emergency activity. 4-3-050C 3 - 19 (Revised 9/15) c. Notice of the issuance of the emergency permit and request for public comments shall be posted at the affected site(s) and City Hall no later than ten (10) days after the issuance of the emergency permit. If significant comments are received, the City may reconsider the permit. d. Expiration of Exemption Authorization: The emergency exemption authorization may be termi- nated at any time without process upon a determination by the Administrator that the action was not or is no longer necessary to protect human health or the environment. 28. Cleanups, monitoring and/or studies undertaken under supervision of the Washington Department of Ecology or the U.S. Environmental Protection Agency. 29. Use, storage, and handling of specific hazardous materials that do not present a risk to the aquifer as determined and listed by the Department. 4. Exemptions – In Buffers Only: The ac- tivities listed in the following table are allowed within critical area buffers, and are exempt from the applicable provisions of this Section, provided a letter of exemption has been is- sued pursuant to this subsection C. If an “X” appears in a box, the listed exemption applies in the specified buffer. If an “X” does not ap- pear in a box, then the exemption does not apply in the required buffer. Whether the ex- empted activities are also exempt from per- mits will be determined based upon application of chapters 4-8 and 4-9 RMC, or other applicable sections of the Renton Mu- nicipal Code. Footnotes: 1. Walkways and trails, and associated open space in critical area buffers located on public property, or where easements or agreements have been granted for such purposes on private property. All of the following criteria shall be met: a. The trail, walkway, and associated open space shall be consistent with the Parks, Recreation, and Natural Areas Plan. The City may allow private trails as part of the approval of a site plan, subdivision or other land use permit approvals. b. Trails and walkways shall be located in the outer twenty five percent (25%) of the buffer, i.e., the portion of the buffer that is farther away from the critical area. Exceptions to this requirement may be made for: i. Trail segments connecting to existing trails where an alternate alignment is not practi- cal. ii. Public access points to water bodies spaced periodically along the trail. c. Enhancement of the buffer area is required where trails are located in the buffer. Where en- hancement of the buffer area abutting a trail is not feasible due to existing high quality vegeta- tion, additional buffer area or other mitigation may be required. d. Trail widths shall be a maximum width of twelve feet (12'). Trails shall be constructed of perme- able materials which protect water quality, allow adequate surface water and ground water movements, do not contribute to erosion, are located where they do not disturb nesting, breed- ing, and rearing areas, and designed to avoid or reduce the removal of trees. Impervious ma- EXEMPTIONS WITHIN CRITICAL AREA BUFFERS EXEMPT ACTIVITY Flood Hazard Areas Geologic Hazard Area Habitat Conservation Areas Streams and Lakes: Types F, Np, & Ns Wellhead Protection Areas Wetlands a. Activities in Critical Area Buffers: i. Trails and Open Space 1 XX X X ii. Stormwater Treatment and Flow Control Facilities in Buffer2 X iii. Stormwater Conveyance in Buffer3 XX X 4-3-050C (Revised 9/15)3 - 20 terials may be allowed if pavement is required for handicapped or emergency access, or safety, or is a designated nonmotorized transportation route or makes a connection to an already ded- icated trail, or reduces potential for other environmental impacts. e. Any crossing over a stream or wetland shall be generally perpendicular to the critical area and shall be accomplished by bridging or other technique designed to minimize critical area distur- bance. It shall also be the minimum width necessary to accommodate the intended function or objective. 2. Stormwater management facilities shall not be built within a critical area buffer except as allowed in Ref- erence 5, Wetlands Protection Guidelines of the City’s Surface Water Design Manual and shall require buffer enhancement or buffer averaging when they are sited in areas of forest vegetation, provided the standard buffer zone area associated with the critical area classification is retained pursuant to RMC 4-3-050G2, and is sited to reduce impacts between the critical area and surrounding activities. 3. Necessary conveyance systems including stormwater dispersion outfall systems designed to minimize impacts to the buffer and critical area, where the site topography requires their location within the buffer to allow hydraulic function, provided the standard buffer zone area associated with the critical area clas- sification is retained pursuant to RMC 4-3-050G2, and is sited to reduce impacts between the critical area and surrounding activities. 5. Prohibited Activities: Prohibited activi- ties are identified below for each critical area governed by this Section. No action shall be taken by any person, company, agency, or applicant which results in any alteration of a critical area except as consistent with the pur- pose, objectives, and requirements of this Section. a. Floodways: Encroachments, includ- ing fill, new construction, substantial im- provements, and construction or reconstruction of residential structures is prohibited within designated floodways, unless it meets the provisions of subsec- tion G4e of this Section, Additional Re- strictions within Floodways. b. Streams/Lakes and Wetlands: Grazing of animals is not allowed within a stream, lake, wetland or their associated buffers. c. Wellhead Protection Areas: i. All Wellhead Protection Areas – Pesticides and Fertilizers: The application of hazardous materials such as pesticides or fertilizers con- taining nitrates within one hundred feet (100') of a well or two hundred feet (200') of a spring. ii. Zone 1, as identified in sub- section G8 of this Section: (a) Changes in land use and types of new facilities in which any of the following will be on the premises: (1) More than five hundred (500) gallons of hazardous mate- rial; (2) More than one hundred fifty (150) gallons of hazardous mate- rial in containers that are opened and handled; (3) Containers exceeding five (5) gallons in size; or (4) Tetrachloroethylene (e.g., dry-cleaning fluid); (b) Surface impoundments (as defined in Chapters 173-303 and 173-304 WAC); (c) Hazardous waste treat- ment, storage, and disposal facil- ities; (d) All types of landfills, includ- ing solid waste landfills; (e) Transfer stations; (f) Septic systems; 4-3-050C 3 - 21 (Revised 9/15) (g) Recycling facilities that han- dle hazardous materials; (h) Underground hazardous material storage and/or distribu- tion facilities; (i) New heating systems using fuel oil except for commercial uses when the source of fuel oil is an existing above-ground waste oil storage tank; (j) Petroleum product pipe- lines; (k) Hazardous materials use on the site in quantities greater than that allowed for new facilities as provided in subsection C5ciia of this Section, changes in land use and types of new facilities, of this subsection, once a facility is closed, relocated, or the use of hazardous materials is termi- nated, reinstatement of the use of hazardous materials shall be prohibited; (l) Facility closure, sale, trans- fer or temporary or permanent abandonment in a Wellhead Pro- tection Area without complying with the requirements of RMC 4-9-015F, Closure Permit, and permit conditions of this Section; and (m) Facility changes in opera- tions that increase the aggregate quantity of hazardous materials stored, handled, treated, used, or produced with the following exception: An increase in the quantity of hazardous materials is allowed up to the amount al- lowed for a new facility as pro- vided by subsection C5ciia of this Section, changes in land use and types of new facilities, of this Section. iii. Zone 2, as identified in subsection G8 of this Section: (a) Surface impoundments (as defined in Chapters 173-303 and 173-304 WAC); (b) Recycling facilities that han- dle hazardous materials; (c) Hazardous waste treat- ment, storage, and disposal facil- ities; (d) Solid waste landfills; (e) Transfer stations; (f) New heating systems using fuel oil stored in underground storage tanks; and (g) Petroleum product pipe- lines. iv. Zone 1 Modified, as identified in subsection G8 of this Section: The prohibitions of Zone 1 Modified are the same as Zone 1 with the ex- ceptions as follows: (a) Hazardous Materials In- ventory: Existing facilities are not subject to the five hundred (500) gallons maximum hazard- ous material quantity limitation in Zone 1 and therefore don’t have to reduce inventory or relocate. Proposed facilities are subject to the maximum quantity. (b) Septic Tanks: Existing septic tanks are allowed to re- main and new septic tanks are allowed if City sewers are not available. (c) Surface Water Manage- ment: Infiltration of runoff is al- lowed and pipe materials are not subject to Zone 1 specifications. (d) Site Improvements: An existing facility that was in com- pliance with improvements re- 4-3-050D (Revised 9/15)3 - 22 quired at the installation of the facility is not subject to new site improvements (groundwater monitoring, paving, runoff con- trol, etc.). 6. Nonconforming Activities or Struc- tures: Regulated activities legally in exis- tence prior to the passage of this Section, but which are not in conformity with the provi- sions of this Section, are subject to the provi- sions of RMC 4-10-090, Critical Areas Regulations – Nonconforming Activities and Structures. D. ADMINISTRATION AND INTERPRETATION: 1. Interpretation: The Administrator shall have the power to render interpretations of this Section and to adopt and enforce rules and regulations supplemental to this Section as he/she may deem necessary in order to clarify the application of the provisions of this code. Such interpretations, rules and regula- tions shall be in conformity with the intent and purpose of this Section. Provisions contained within this Section are considered the mini- mum requirements and will not limit or repeal other provisions under State statute. a. Relationship to Other Agencies and Regulations: i. These critical areas regulations shall be in addition to zoning and other regulations adopted by the City. Compliance with other regulations does not exempt the applicant from critical areas regulations. In the event of any conflict between these regulations and any other City regu- lations, those regulations which pro- vide the greater protection to critical areas shall apply. ii. Any individual critical area ad- joined by another type of critical area shall have the buffer and meet the re- quirements that provide the most protection to the critical areas in- volved. When any provision of this Section or any existing regulation, or easement, covenant, or deed restric- tion granted to any governmental body conflicts with this Section, that which provides more protection to the critical areas shall apply. iii. Compliance with the provisions of this Section does not constitute compliance with other Federal, State, and local regulations and permit re- quirements that may be required (for example, shoreline substantial de- velopment or conditional use per- mits, shoreline variances, the Washington State Department of Fish and Wildlife hydraulic project approval (HPA), Army Corps of Engi- neers Section 404 permits, Depart- ment of Ecology 401 Water Quality Certifications and National Pollution Discharge Elimination System (NPDES) permits). The applicant is responsible for complying with these requirements, apart from the process established in this Section. 2. Duties of Administrator: The Adminis- trator shall have the power and authority to is- sue decisions relative to and enforce the provisions of this Section. a. Compliance: The City shall not grant any approval or permit any regu- lated activity in a critical area or associ- ated buffer prior to fulfilling the requirements of this Section. b. Review: The Administrator shall re- view all development permits to deter- mine that the requirements of this Section have been satisfied. c. Finding of Conformance Re- quired: Conformance with these critical area regulations shall be a finding in any approval of a development permit or aquifer protection area permit, and such finding shall be documented in writing in the project file. 3. Flood Hazard Areas: Information to be Provided by Appli- cant: The applicant shall provide the Ad- ministrator the following information: 4-3-050D 3 - 23 (Revised 9/15) i. The actual elevation, in relation to mean sea level, the North American Vertical Datum of 1988 (NAVD 88), of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement where base flood elevation data is provided through the flood insurance study or required. ii. For all new or substantially im- proved floodproofed structures: (a) The applicant shall verify and have recorded the actual el- evation in relation to mean sea level, the North American Verti- cal Datum of 1988 (NAVD 88); and (b) Flood elevation certificates shall be submitted by an appli- cant to the Development Ser- vices Division prior to the building’s finished floor construc- tion. Finished floor elevation should be verified by a precon- struction elevation certificate at the time of construction of a sub- stantial structural element of the finished floor (i.e., foundation form for the concrete floor). An as-built elevation certificate will be provided prior to issuance of final occupancy. 4. Wellhead Protection Areas: a. Annual Inspections: All permitted facilities in a Wellhead Protection Area will be subject to a minimum of one in- spection per year by a Department in- spector. b. Potential to Degrade Groundwater – Zone 2: i. Potential for Impacts Equal to Facility in Zone 1: If the Administra- tor determines that an existing or pro- posed facility located in Zone 2 of a Wellhead Protection Area has a po- tential to degrade groundwater qual- ity which equals or exceeds that of a permitted facility in Zone 1, then the Administrator may require that facility to fully comply with requirements for Zone 1 contained in RMC 4-3-050C5c and 4-3-050G8. ii. Criteria: Criteria used to make the determination in this subsection D4 shall include but not be limited to the present and past activities con- ducted at the facility; types and quan- tities of hazardous materials stored, handled, treated, used or produced; the potential for the activities or haz- ardous materials to degrade ground- water quality; history of spills at the site, and presence of contamination on site. c. Finding of Conformance Required – Wellhead Protection Areas: No changes in land use shall be allowed nor shall permits for development be issued if the Department finds that the proposed land use, activity, or business is likely to impact the long-term, short-term or cu- mulative quality of the aquifer. The find- ing shall be based on the present or past activities conducted at the site; hazard- ous materials that will be stored, handled, treated, used or produced; and the po- tential for the land use, activity, or busi- ness to degrade groundwater quality. 5. Review Authority: The Administrator shall have the authority to interpret, apply, and enforce this Section to accomplish the stated purpose. Based upon site-specific re- view and analysis, the City may withhold, condition, or deny development permits or activity approvals to ensure that the proposed action is consistent with this Section. a. General: The Administrator is autho- rized to make the following administrative allowances and determinations: i. Issue a critical areas permit for proposals not otherwise requiring a development permit. ii. Issue written letters of exemp- tion. iii. Allow temporary emergency ex- emptions. 4-3-050D (Revised 9/15)3 - 24 iv. Interpret critical areas regula- tions. v. Approve the use of alternates in accordance with RMC 4-9-250E. vi. Waive report content or submit- tal requirements provided criteria to waive studies are met. vii. Grant administrative variances to those specified code sections listed in RMC 4-9-250B. viii. Require tests for proof of com- pliance. ix. Grant modifications pursuant to RMC 4-9-250D. b. Conditions of Approval: The Ad- ministrator is authorized, through condi- tions of approval, to modify the proposal, including, but not limited to, construction techniques, design, drainage, project size/configuration, or seasonal con- straints on development. Upon review of a special study, the development permit shall be conditioned to mitigate adverse environmental impacts and to assure that the development can be safely accom- modated on the site and is consistent with the purposes of this Section. A miti- gation plan may be required consistent with subsection L1 of this Section. c. Geologically Hazardous Areas, Habitat Conservation Areas, Streams and Lakes, and Wetlands: The Admin- istrator is authorized, pursuant to subsec- tion H of this Section, entitled Alterations To Critical Areas And/Or Buffers – Gen- eral Requirements, to make the following administrative allowances and determi- nations: i. Geologically Hazardous Areas: (a) Waive independent review of geotechnical reports. (b) Increase or decrease re- quired buffer for very high land- slide hazard areas. (c) Grant a modification for cre- ated slopes. ii. Streams and Lakes: (a) Approve proposals for buf- fer width reductions. (b) Approve proposals for buf- fer width averaging. iii. Wellhead Protection Areas: (a) Issue operating and closure permits. (b) Determine pipeline require- ments. (c) Determine if Zone 1 require- ments should apply in Zone 2 of a Wellhead Protection Area. iv. Wetlands: (a) Determine whether wet- lands are unregulated. (b) Extend the valid period of a wetland delineation. (c) Approve proposals for buf- fer width reductions of up to twenty five percent (25%). (d) Approve proposals for buf- fer width averaging. (e) Authorize other category level for created or restored wet- lands. (f) Waive requirements of this Section upon determination that all impacts on wetlands would be mitigated as part of an approved area-wide wetlands plan that, when taken as a whole over an approved schedule or staging of plan implementation, will meet or exceed the requirements of this Section. 4-3-050E 3 - 24.1 (Revised 9/15) E. MAPS: 1. Maps Show Approximate Location of Critical Areas: The approximate location and extent of critical areas within the City are shown on the critical areas inventory maps. The City supports a website, Maps and GIS Data, which supports mapping applications, a map gallery, and downloadable GIS data. These maps shall be used for informational purposes and as a general guide only, for the assistance of property owners and other in- terested parties; the boundaries and loca- tions shown are generalized. The actual presence or absence, type, extent, boundar- ies, and classification of critical areas on a specific site shall be identified in the field by a qualified consultant and confirmed by the De- partment, according to the procedures, defi- nitions, and criteria established by this Section. In the event of any conflict between the critical area location or designation shown on the City’s maps and the criteria or standards of this Section, the criteria and standards shall prevail. 2. Map Updates: The Department updates critical area maps based on critical area re- ports prepared for permit applications. 3. Flood Hazard Areas: a. Basic Map and Documentation Identifying Hazards: Flood hazard ar- eas are identified by the Federal Insur- ance Administration in a scientific and engineering report entitled the Flood In- surance Study for the City of Renton, dated September 29, 1989, and any sub- sequent revision, with accompanying flood insurance maps which are hereby adopted by reference and declared to be a part of this Section. The flood insurance study is on file at the Public Works De- partment. b. When Federal Insurance Study is Not Available: The Applicant shall ob- tain, for City review, and reasonably utili- zation any base flood elevation and floodway data available from a Federal, State or other source, in the following in- stances: i. To administer subsection G of this Section when base flood elevation data has not been provided in accor- dance with this subsection E. ii. To identify flood hazard areas that will be regulated; until a new Flood Insurance Rate Map is issued which incorporates the data utilized under subsection D of this Section. 4. Steep Slope Delineation Procedure: The boundaries of a regulated steep sensi- tive or protected slope are determined to be in the location identified on the City of Renton’s COR Maps, the City’s online inter- active mapping application available through the City’s website. An applicant’s qualified professional may substitute boundaries inde- pendently derived from survey data for the City’s consideration in determining the boundaries of sensitive or protected steep slopes. All topographic maps shall utilize two foot (2') contour intervals or the standard uti- lized in the City of Renton Steep Slope Atlas. 5. Streams and Lakes: Water class shall be determined in accordance with subsection G7a of this Section. a. Reclassification: The reclassifica- tion of a water body to a lower class (i.e., F to Np, or Np to Ns, etc.) requires Ad- ministrator acceptance of a stream or lake study, followed by a legislative amendment to the map in this subsection E prior to its effect. The reclassification of a water body to a higher class (i.e., Ns to Np, Np to F, or F to S) requires either: Ad- ministrator acceptance of a stream or lake study or consultation with the Wash- ington Department of Fish and Wildlife, followed by a legislative amendment to the map in this Section. b. Salmonid Migration Barriers: For the purposes of classifying or reclassify- ing water bodies, features determined by the Administrator to be salmonid migra- tion barriers pursuant to the definition in RMC 4-11-190 shall be mapped. The Ad- ministrator shall prepare and update the map as appropriate. 6. Wetlands: Categorization of wetlands shall be determined in accordance with sub- 4-3-050F (Revised 9/15)3 - 24.2 section G9 of this Section, and also refer to the City of Renton Wetland and Stream Cor- ridors Critical Areas Inventory. F. SUBMITTAL REQUIREMENTS AND FEES: 1. Preapplication Consultation: Any per- son intending to develop properties known or suspected to have critical areas present is strongly encouraged to meet with the appro- priate City department representative during the earliest possible stages of project plan- ning before major commitments have been made to a particular land use and/or project design. Effort put into a preapplication con- sultation and planning will help applicants create projects which will be more quickly and easily processed due to a better understand- ing on the part of applicants of regulatory re- quirements. 2. Plans and Studies Required: When an application is submitted for any building per- mit or land use review and/or to obtain ap- proval of a use, development or construction, the location of the critical areas and buffers on the site shall be indicated on the plans submitted based upon an inventory provided by a qualified specialist. a. Geologically Hazardous Areas: i. Whenever a proposed develop- ment requires a development permit and a geologic hazard is present on the site of the proposed development or on abutting or adjacent sites within fifty feet (50') of the subject site, geo- technical studies by licensed profes- sionals, such as a geotechnical engineer and/or engineering geolo- gist, shall be required. Specifically, geotechnical studies are required for developments proposed on sites with any of the following geologically haz- ardous areas: (a) Sensitive and protected slopes; (b) Medium, high, or very high landslide hazards; (c) High erosion hazards; (d) High seismic hazards; (e) Medium or high coal mine hazards. ii. The required studies shall demonstrate the following review cri- teria can be met: (a) The proposal will not in- crease the threat of the geologi- cal hazard to adjacent or abutting properties beyond pre- development conditions; and (b) The proposal will not ad- versely impact other critical ar- eas; and (c) The development can be safely accommodated on the site. iii. A mitigation plan may be re- quired consistent with subsection L of this Section. iv. Sensitive Slopes – Medium, High and Very High Landslide Haz- ards – High Erosion Hazards: De- velopment applications shall submit erosion control plans consistent with chapter 4-8 RMC, Permits – General and Appeals. v. Coal Mine Hazards: (a) Medium Hazard – Report Required: Reports consistent with chapter 4-8 RMC, Permits – General and Appeals, shall be prepared for development pro- posed within medium coal mine hazard areas and for develop- ment proposed within two hun- dred feet (200') of a medium coal mine hazard area. (b) High Hazard – Report Re- quired: Reports consistent with chapter 4-8 RMC, Permits – General and Appeals, shall be prepared for development pro- posed within high coal mine haz- ard areas and for development 4-3-050F 3 - 24.3 (Revised 9/15) proposed within five hundred feet (500') of a high coal mine hazard area. b. Habitat Conservation Areas: Based upon subsection G6 of this Sec- tion, Habitat Conservation Areas, the City shall require a habitat/wildlife assess- ment for activities that are located within or abutting a critical habitat, defined in RMC 4-11-030, or that are adjacent to a critical habitat, and have the potential to significantly impact a critical habitat. The assessment shall determine the extent, function and value of the critical habitat and potential for impacts and mitigation consistent with report requirements in RMC 4-8-120D. c. Streams and Lakes: The applicant shall be required to conduct a stream or lake study pursuant to RMC 4-8-120 if a site contains a water body or buffer area and changes to buffer requirements or al- terations of the water body or its associ- ated buffer are proposed, either administratively or via a variance re- quest. A stream or lake study is also re- quired when the project area is within one hundred feet (100') of a water body even if the water body is not located on the subject property. d. Wellhead Protection Areas: The City may require an applicant to prepare a hydrogeologic study if the proposal has the potential to significantly impact groundwater quantity or quality, and suffi- cient information is not readily available. Such a report shall be prepared by a qualified professional at the applicant’s expense. Report content requirements may be specified by the City in accor- dance with State or Federal guidelines or tailored to the particular development ap- plication. Peer review of the applicant’s report may be required in accordance with this subsection F. e. Wetlands: i. Wetland Categorization: The applicant shall be required to con- duct a study to determine the catego- rization of the wetland if the subject property or project area is within two hundred feet (200') of a wetland even if the wetland is not located on the subject property but it is determined that alterations of the subject prop- erty are likely to impact the wetland in question or its buffer. If there is a po- tential Category I or II wetland within three hundred feet (300') of a pro- posal, the City may require an appli- cant to conduct a study even if the wetland is not located on the subject property but it is determined that al- terations of the subject property are likely to impact the wetland in ques- tion or its buffer. ii. Wetland Delineation: A wetland delineation using the methods identi- fied in the approved federal delinea- tion manual and applicable regional supplement, as required by WAC 173-22-035, is required for any por- tion of a wetland on the subject prop- erty that will be impacted by the permitted activities. iii. Wetland Assessment: The ap- plicant shall prepare a wetland as- sessment pursuant to RMC 4-8-120D23a through j. f. Period of Validity: Studies submitted and reviewed are valid for five (5) years from date of study completion unless the Administrator determines that conditions have changed significantly. The Adminis- trator may extend the period of validity, provided on-site conditions have not changed. 3. Testing Authorized: a. Pipeline Requirements – Zone 1, As Identified in Subsection G8 of This Section: If the Department has reason to believe that the operation or proposed operation of an existing non-potable wa- ter pipeline, defined in RMC 4-11-160, in Zone 1 of a Wellhead Protection Area, may degrade groundwater quality, the Department may require leakage testing of the existing pipeline in accordance with subsection G of this Section; and in- stallation, sampling, and sample analysis 4-3-050F (Revised 9/15)3 - 24.4 of monitoring wells. Routine leakage test- ing of existing pipelines in Zone 1 may be required by the Department. Criteria for this determination are specified in sub- section D of this Section. Should pipeline leakage testing reveal any leakage at any level, then the Depart- ment shall require immediate repairs to the pipeline to the satisfaction of the De- partment such that no infiltration of water into the pipeline or exfiltration of sub- stances conveyed in the pipeline shall occur. Any repairs which are made shall be tested for leakage pursuant to subsec- tion G of this Section. b. Pipeline Requirements – Zone 2, As Identified in Subsection G8 of This Section: If the Department has reason to believe that the operation or proposed operation of an existing pipeline in Zone 2 of a Wellhead Protection Area may de- grade groundwater quality, the Depart- ment may require leakage testing in accordance with subsection G of this Section; installation, sampling, and sam- ple analysis of groundwater monitoring wells; repair of the pipeline to the satis- faction of the Department such that deg- radation of groundwater quality is minimized or eliminated. Criteria for this determination are specified under sub- section D of this Section. 4. Submittal Requirements: In order to be accepted for review, studies shall include all information as required in chapter 4-8 RMC. 5. Fees: See the currently adopted City of Renton Fee Schedule brochure available at the City’s website or in the City Clerk’s Office. 6. Independent Secondary Review: The City may require independent review of an applicant’s report as follows: a. All Critical Areas: When appropri- ate due to the type of critical areas, habi- tat, or species present, project area conditions, project scope, or potential for negative impacts to critical areas, or lack of substantial documentation of impact avoidance in first study, the applicant may be required to prepare and/or fund analyses or activities, including, but not limited to: i. An evaluation by an independent qualified professional regarding the applicant’s analysis and the effec- tiveness of any proposed mitigating measures or programs, to include any recommendations as appropri- ate. This shall be paid at the appli- cant’s expense, and the Administrator shall select the third- party review professional; and/or ii. A request for consultation with the Washington Department of Fish and Wildlife, Washington State De- partment of Ecology, or the local Na- tive American Tribe or other appropriate agency; and/or iii. Detailed surface and subsurface hydrologic features both on and abutting the site. b. Additional Requirements for Geo- logically Hazardous Areas: Indepen- dent secondary review shall be conducted in accordance with the follow- ing: i. Required – Sensitive and Pro- tected Slopes, and Medium, High, or Very High Landslide Hazards: All geotechnical reports submitted in accordance with this subsection F, and chapter 4-8 RMC, Permits – General and Appeals, shall be inde- pendently reviewed by qualified spe- cialists selected by the City, at the applicant’s expense. An applicant may request that independent review be waived by the Department Admin- istrator in accordance with subsec- tion D of this Section. ii. Required for Critical Facilities in High Erosion, High Seismic, Me- dium Coal Mine, or High Coal Mine Hazards: The City shall require inde- pendent review of a geotechnical re- port addressing a critical facility, defined in RMC 4-11-030, by quali- fied specialists selected by the City, at the applicant’s expense. An appli- cant may request that independent 4-3-050G 3 - 24.5 (Revised 9/15) review be waived by the Department Administrator in accordance with subsection D of this Section. iii. At City’s Discretion – High Erosion, High Seismic, Medium Coal Mine, or High Coal Mine Haz- ards: For any proposal except criti- cal facilities, the City may require independent review of an applicant’s geotechnical report by qualified spe- cialists selected by the City, at the applicant’s expense. 7. Waiver of Submittal Requirements: An applicant may request that the Administrator waive the report requirement pursuant to subsection D of this Section, where it has been determined through field documenta- tion that critical areas are not present or as specified below: a. Habitat Assessment: In cases where a proposal is not likely to signifi- cantly impact the critical habitat and there is sufficient information to determine the effects of a proposal, an applicant may request that this report be waived by the Administrator. b. Streams and Lakes: i. Stream or Lake Study: This re- port may only be waived by the Ad- ministrator when the applicant provides satisfactory evidence that: (a) A road, building or other barrier exists between the water body and the proposed activity, or (b) The water body or required buffer area does not intrude on the applicant’s lot, and based on evidence submitted, the pro- posal will not result in significant adverse impacts to nearby water bodies regulated under this Sec- tion; or (c) Applicable data and analy- sis appropriate to the proposed project exists and an additional study is not necessary. ii. Stream or Lake Mitigation Plan: This plan may only be waived when no impacts have been identi- fied through a stream or lake study. c. Wetland Assessment: The wetland assessment shall be waived by the Ad- ministrator when the applicant provides satisfactory evidence that a road, build- ing or other barrier exists between the wetland and the proposed activity, when the buffer area, determined with a wet- land categorization, needed or required will not intrude on the applicant’s lot, or when applicable data and analysis ap- propriate to the project proposed exists and an additional report is not necessary. G. DEVELOPMENT STANDARDS: 1. General: No proposal shall result in a loss of critical area functions or values. If the application of these provisions would deny all reasonable use of the property, the applicant may apply for a variance as identified in RMC 4-9-250. 2. Critical Area Buffers and Structure Setbacks from Buffers: The following criti- cal area buffers and structure setbacks from buffers are established for each critical area. Critical Area Category or Type Critical Area Buffer Width Structure Setback beyond Buffer1 Flood Hazard Areas Flood Hazard Areas None None Geologically Hazardous Areas Steep Slopes:2 Sensitive Slopes None 3 None3, 4 4-3-050G (Revised 9/15)3 - 24.6 Protected Slopes5 None3 15 ft.1 Landslide Hazards:2 Low None 3 None3, 4 Medium None 3 None3, 4 High None 3 None3, 4 Very High5 50 ft. 15 ft. 1 Erosion Hazards: Low None None High None None Seismic Hazards: Low None None High None None Coal Mine Hazards: Low None 3 None3 Medium None 3 None3 High None 3 None3 Habitat Conservation Areas Critical Habitats Established by Administrator per RMC 4-3-050G 15 ft.1 Streams and Lakes5 Type F 115 ft. 15 ft. 1 Type Np 75 ft. 15 ft. 1 Type Ns 50 ft. 15 ft. 1 Wellhead Protection Areas Zones 1 and 2 None None Wetlands6 Low Impact Land Uses:7 High Habitat Function (8-9 points) Moderate Habitat Function (5-7 points) Low Habitat Function (3-4 points) All Other Scores 15 ft.1 Category I – Bogs & Natural Heritage Wetlands 175 ft. Category I – All Others 175 ft. 125 ft. 75 ft. 75 ft. Category II 150 ft. 100 ft. 75 ft. n/a Category III 100 ft. 75 ft. 50 ft. n/a Category IV 40 ft. n/a Critical Area Category or Type Critical Area Buffer Width Structure Setback beyond Buffer1 4-3-050G 3 - 24.7 (Revised 9/15) Footnotes: 1. The following may be allowed in the building setback area: a. Landscaping; b. Uncovered decks, less than eighteen inches (18") above grade; c. Building overhangs, if such overhangs do not extend more than twenty four inches (24") into the setback area; and d. Impervious ground surfaces, such as driveways and patios, provided that such improvements may be subject to water quality regulations and maximum impervious surface limitations. 2. Buffers shall be established from the top, toe, and sides of slopes. 3. Based upon the results of a geotechnical report and/or independent review, conditions of approval for developments may include buffers and/or setbacks from buffers. 4. Unless required pursuant to the adopted building code or Building Official. 5. When a required stream/lake buffer falls within a protected slope or very high landslide hazard area, the stream/lake buffer width shall extend to the boundary of the protected slope of very high landslide hazard area. 6. Areas that are functionally and effectively disconnected from the wetland by a permanent road or other substantially developed surface of sufficient width and with use characteristics such that buffer functions are not provided shall not be counted toward the minimum buffer unless these areas can be feasibly removed, relocated or restored to provide buffer functions. 7. Low intensity land uses include but are not limited to the following: unpaved trails, low intensity open space (hiking, bird-watching, preservation of natural resources, etc.) and utility corridor without a maintenance road and little or no vegetation management. 3. Native Growth Protection Areas: a. Required: A native growth protec- tion area shall be instituted to protect a critical area from any proposed develop- ment for a non-exempt activity as follows: i. Protected slopes and their asso- ciated buffers. ii. Very high landslide hazard areas and their associated buffers. iii. Class F, Np, and Ns, as defined in subsection G7 of this Section, streams or lakes and their associ- ated buffers. iv. Category I, II, III, or IV wetlands, as defined in subsection G9c of this Section, and their associated buffers. b. May Be Required: Native growth protection areas may be required for high landslide hazard area buffers, or for criti- cal habitats and their buffers. All Other Land Uses: High Habitat Function (8-9 points) Moderate Habitat Function (5-7 points) Low Habitat Function (3-4 points) All Other Scores 15 ft.1 Category I – Bogs & Natural Heritage Wetlands 200 ft. Category I – All Others 200 ft. 150 ft. 115 ft. 115 ft. Category II 175 ft. 150 ft. 100 ft. n/a Category III 125 ft. 100 ft. 75 ft. n/a Category IV 50 ft. n/a Critical Area Category or Type Critical Area Buffer Width Structure Setback beyond Buffer1 4-3-050G (Revised 9/15)3 - 24.8 c. Application as Condition of Ap- proval When Otherwise Not Required: A proposal may be conditioned to provide for native growth protection areas. d. Standards: i. Trees, shrubs, and ground cover shall be retained in designated native growth protection areas. ii. Any activities in native growth protection areas shall be consistent with applicable critical area regula- tions. iii. The City may require enhance- ment of native growth protection ar- eas to improve functions and values, reduce erosion or landslide potential, or to meet another identified purpose of these critical area regulations. e. Method of Creation: Native growth protection areas shall be established by one of the following methods, in order of preference: i. Tract and Deed Restriction: The applicant shall create a tract via the subdivision and record a perma- nent and irrevocable covenant run- ning with the land or deed restriction on the property title of any critical area management tract or tracts cre- ated as a condition of a permit. Such covenant or deed restriction(s) shall prohibit development, alteration, or disturbance within the tract except for purposes of habitat enhancement as part of an enhancement project which has received prior written ap- proval from the City, and from any other agency with jurisdiction over such activity. A covenant running with the land shall be placed on the tract restricting its separate sale. Each abutting lot owner or the home- owners’ association shall have an undivided interest in the tract. ii. Conservation Easement: The applicant shall, subject to the City’s approval, convey to the City or other public or nonprofit entity specified by the City, a recorded easement for the protection of the critical area and/or its buffer. iii. Protective Easement: The ap- plicant shall establish and record a permanent and irrevocable ease- ment on the property title of a parcel or tract of land containing a critical area and/or its buffer created as a condition of a permit. Such protective easement shall be held by the cur- rent and future property owner, shall run with the land, and shall prohibit development, alteration, or distur- bance within the easement except for purposes of habitat enhancement as part of an enhancement project which has received prior written ap- proval from the City, and from any other agency with jurisdiction over such activity. f. Marking Prior to and During Con- struction: The location of the outer ex- tent of the critical area buffer and areas not to be disturbed pursuant to an ap- proved plan shall be marked with high visibility orange construction fencing and silt fencing in the field to prevent distur- bance by individuals and equipment during the development or construction of the approved activity. g. Permanent Fencing Required: Permanent fencing of the native growth protection area containing critical area and buffers is required, except when studies document to the satisfaction of the reviewing official that such fencing will adversely impact habitat connectivity. h. Signage Required: The common boundary between a native growth pro- tection area and the abutting land must be permanently identified. This identifica- tion shall include permanent wood or metal signs on treated or metal posts. Sign locations and size specifications shall be approved by the City. Suggested wording is as follows: “Protection of this natural area is in your care. Alteration or disturbance is prohibited by law.” i. Responsibility for Maintenance: Responsibility for maintaining the native 4-3-050G 3 - 24.9 (Revised 9/15) growth protection easements or tracts shall be held by a homeowners’ associa- tion, abutting lot owners, the permit appli- cant or designee, or other appropriate entity, as approved by the City. j. Maintenance Covenant and Note Required: The following note shall ap- pear on the face of all plats, short plats, PUDs, or other approved site plans con- taining separate native growth protection easements or tracts, and shall also be re- corded as a covenant running with the land on the title of record for all affected lots on the title: “MAINTENANCE RE- SPONSIBILITY: All owners of lots cre- ated by or benefiting from this City action, abutting or including a native growth pro- tection easement [tract] are responsible for maintenance and protection of the easement [tract]. Maintenance includes ensuring that no alterations occur within the tract and that all vegetation remains undisturbed unless the express written authorization of the City has been re- ceived.” 4. Flood Hazard Areas: a. Classification: Flood hazard areas are defined as the land in the floodplain subject to one percent (1%) or greater chance of flooding in any given year. Designation on flood maps always in- cludes the letters A or V. b. Data to Be Used for Existing and Future Flow Conditions: The City shall determine the components of the flood hazard areas after obtaining, reviewing and utilizing base flood elevations and available floodplain data for a flood hav- ing a one percent (1%) chance of being equaled or exceeded in any given year, often referred to as the “one hundred (100) year flood.” The City may require projections of future flow conditions for proposals in unmapped potential flood hazard areas. c. General Standards: In all flood haz- ard areas, the following standards are re- quired: i. Anchoring – All New Construc- tion: All new construction and sub- stantial improvements shall be anchored to prevent flotation, col- lapse, or lateral movement of the structure. ii. Anchoring – Manufactured Homes: All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral move- ment, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (reference FEMA’s Manufactured Home Installation in Frequently Flooded Areas guidebook for additional techniques). iii. Construction Materials and Methods: (a) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (b) All new construction and substantial improvements shall be constructed using methods, statutes, codes, rules, regula- tions and practices that minimize flood damage. (c) Electrical, heating, ventila- tion, plumbing, and air-condition- ing equipment and other service facilities shall be designed and/ or otherwise elevated or located so as to prevent water from en- tering or accumulating within the components during conditions of flooding. iv. Utilities: (a) All new and replacement water supply systems shall be designed to minimize or elimi- nate infiltration of flood waters into the system. A proposed wa- ter well shall be located on high 4-3-050G (Revised 9/15)3 - 24.10 ground that is not in the floodway (WAC 173-160-171). (b) New and replacement sani- tary sewage systems shall be designed to minimize or elimi- nate infiltration of flood waters into the systems and discharge from the systems into flood wa- ters. (c) On-site waste disposal sys- tems shall be located to avoid impairment to them or contami- nation from them during flooding. v. Subdivision Proposals: (a) All subdivision proposals shall be consistent with the need to minimize flood damage; (b) All subdivision proposals shall have public utilities and fa- cilities such as sewer, gas, elec- trical, and water systems located and constructed to minimize flood damage; (c) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and (d) All subdivision proposals shall show the flood hazard ar- eas information and boundary on the subdivision drawing includ- ing the nature, location, dimen- sions, and elevations of the subdivided area. vi. Project Review: (a) Where elevation data is not available either through the flood insurance study or from another authoritative source, i.e., sub- section D of this Section, appli- cations for building permits shall be reviewed to assure that pro- posed construction will be rea- sonably safe from flooding. The test of reasonableness includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet (2') above grade in these zones may result in higher insur- ance rates. (b) Where base flood elevation data has not been provided or is not available from another au- thoritative source, it shall be gen- erated by the applicant. d. Specific Standards: In all flood haz- ard areas, the following provisions are re- quired: i. Residential Construction: (a) New construction and sub- stantial improvement of any resi- dential structure shall have the lowest floor, including basement, elevated a minimum of one foot (1') above base flood elevation. (b) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automati- cally equalize hydrostatic flood forces on exterior walls by allow- ing for the entry and exit of flood waters. Designs for meeting this requirement must either be certi- fied by a registered professional engineer or architect or must meet or exceed the following minimum criteria: (1) A minimum of two (2) open- ings having a total net area of not less than one square inch for ev- ery square foot of enclosed area subject to flooding shall be pro- vided; and (2) The bottom of all openings shall be no higher than one foot (1') above grade; and (3) Openings may be equipped with screens, louvers, or other coverings or devices; provided, 4-3-050G 3 - 24.11 (Revised 9/15) that they permit the automatic entry and exit of flood waters. ii. Manufactured Homes: (a) All manufactured homes to be placed or substantially im- proved within Zones A1-A30, AH, and AE on the community’s Flood Insurance Rate Map, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated a minimum of one foot (1') above the base flood el- evation and be secured to an ad- equately anchored foundation system to resist flotation, col- lapse and lateral movement. (b) Manufactured homes to be placed or substantially improved on sites in an existing manufac- tured home park or subdivision within Zones A1-30, AH, and AE on the community’s Flood Insur- ance Rate Map that are not sub- ject to the above manufactured home provisions shall be ele- vated so that either the lowest floor of the manufactured home is elevated a minimum of one foot (1') above the base flood el- evation or the manufactured home chassis is supported by re- inforced piers or other foundation elements of at least equivalent strength that are no less than thirty six inches (36") in height above grade and be secured to an adequately anchored founda- tion system to resist flotation, collapse, and lateral movement. iii. Nonresidential Construction: New construction or substantial im- provement of any commercial, indus- trial or other nonresidential structure shall have the lowest floor, including basement, elevated a minimum of one foot (1') above the level of the base flood elevation, or, together with attendant utility and sanitary fa- cilities, shall: (a) Be floodproofed so that be- low the minimum elevation re- quired in this subsection G the structure is watertight with walls substantially impermeable to the passage of water; (b) Have structural compo- nents capable of resisting hydro- static and hydrodynamic loads and effects of buoyancy; (c) Be certified by a registered professional engineer or archi- tect so that the design and meth- ods of construction are in accordance with accepted stan- dards of practice for meeting pro- visions of this subsection based on their development and/or re- view of the structural design, specifications and plans. Such certifications shall be provided to the Administrator; (d) Nonresidential structures that are elevated, but not flood- proofed, must meet the same standards for space below the lowest floor as described in this subsection G. iv. Recreational Vehicles: Recre- ational vehicles placed on sites within Zones A1-30, AH, and AE on the community’s Flood Insurance Rate Map not including recreational vehicle storage lots shall either: (a) Be on the site for fewer than one hundred eighty (180) con- secutive days; (b) Be fully licensed and ready for highway use, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security de- vices, and have no permanently attached additions; or (c) Meet the requirements of this subsection G and the eleva- tion and anchoring requirements for manufactured homes. 4-3-050G (Revised 9/15)3 - 24.12 e. Additional Restrictions within Floodways: Floodways, defined in RMC 4-11-060, are located within flood hazard areas established in subsection D of this Section. Since the floodway is an ex- tremely hazardous area due to the veloc- ity of flood waters which carry debris, potential projectiles, and erosion poten- tial, the following provisions apply: i. Increase in Flood Levels Pro- hibited: Encroachments, including fill, new construction, substantial im- provements, and other development are prohibited unless certification by a registered professional engineer demonstrates through hydrologic and hydraulic analyses performed in accordance with standard engineer- ing practice that: (a) Encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge; and (b) There are no adverse im- pacts to the subject property or abutting or adjacent properties; and (c) There are no higher flood elevations upstream; and (d) The impact due to floodway encroachment shall be analyzed using future land use condition flows. ii. Residential Construction in Floodways: Construction or recon- struction of residential structures is prohibited within designated flood- ways, except for: (a) Repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (b) Repairs, reconstruction or improvements to a structure, the cost of which does not exceed fifty percent (50%) of the market value of the structure either: (1) before the repair, reconstruction, or improvement is started; or (2) if the structure has been dam- aged, and is being restored, be- fore the damage occurred. Work done on structures to comply with existing health, sanitary, or safety codes or to structures identified as historic places may be excluded in the fifty percent (50%). iii. Compliance Requirements: If this subsection G is satisfied, all new construction and substantial im- provements shall comply with all ap- plicable flood hazard areas reduction provisions of this Section. iv. Bridges Crossing Floodways: In mapped or unmapped flood haz- ard areas, future flow conditions shall be considered for proposed bridge proposals crossing floodways. f. Critical Facility: Construction of new critical facilities, as defined in RMC 4-11-030, shall be, to the extent possible, located outside the limits of flood hazard areas (one hundred (100) year) flood- plain. Construction of new critical facili- ties shall be permissible within flood hazard areas if no feasible alternative site is available. Critical facilities con- structed within flood hazard areas shall have the lowest floor elevated three feet (3') or more above the level of the base flood elevation (one hundred (100) year) at the site. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into flood waters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possi- ble. g. Compensatory Storage: i. Compensatory Storage Re- quired: Development proposals and other alterations shall not reduce the effective base flood storage volume of the floodplain. If grading or other activity will reduce the effective stor- age volume, compensatory storage 4-3-050G 3 - 24.13 (Revised 9/15) shall be created on the site or off the site if legal arrangements can be made to assure that the effective compensatory storage volume will be preserved over time. Compensatory storage shall be configured so as not to trap or strand salmonids after flood waters recede and may be config- ured to provide salmonid habitat or high flow refuge whenever suitable site conditions exist and the configu- ration does not adversely affect bank stability or existing habitat. Effective base flood storage volume shall be based on the elevations shown in the flood hazard areas map, identified in subsection E3 of this Section or as determined through a study where no base flood evaluation information exists. ii. Determining Finished Floor El- evations According to FEMA: The FEMA one hundred (100) year flood plain elevations shall be used to es- tablish building finished floor eleva- tions to comply with other National Flood Insurance Program require- ments. 5. Geologically Hazardous Areas De- fined: a. Steep Slope Types: i. Sensitive Slopes: A hillside, or portion thereof, characterized by: (a) an average slope of twenty five per- cent (25%) to less than forty percent (40%) as identified in the City of Renton Steep Slope Atlas or in a method approved by the City; or (b) an average slope of forty percent (40%) or greater with a vertical rise of less than fifteen feet (15') as identi- fied in the City of Renton Steep Slope Atlas or in a method approved by the City; (c) abutting an average slope of twenty five percent (25%) to forty percent (40%) as identified in the City of Renton Steep Slope Atlas or in a method approved by the City. This definition excludes engineered re- taining walls. ii. Protected Slopes: A hillside, or portion thereof, characterized by an average slope of forty percent (40%) or greater grade and having a mini- mum vertical rise of fifteen feet (15') as identified in the City of Renton Steep Slope Atlas or in a method ap- proved by the City. b. Landslide Hazards: i. Low Landslide Hazard (LL): Ar- eas with slopes less than fifteen per- cent (15%). ii. Medium Landslide Hazard (LM): Areas with slopes between fif- teen percent (15%) and forty percent (40%) and underlain by soils that consist largely of sand, gravel or gla- cial till. iii. High Landslide Hazards (LH): Areas with slopes greater than forty percent (40%), and areas with slopes between fifteen percent (15%) and forty percent (40%) and underlain by soils consisting largely of silt and clay. iv. Very High Landslide Hazards (LV): Areas of known mapped or identified landslide deposits. c. Erosion Hazards: i. Low Erosion Hazard (EL): Ar- eas with soils characterized by the Natural Resource Conservation Ser- vice (formerly U.S. Soil Conservation Service) as having slight or moderate erosion potential, and a slope less than fifteen percent (15%). ii. High Erosion Hazard (EH): Ar- eas with soils characterized by the Natural Resource Conservation Ser- vice (formerly U.S. Soil Conservation Service) as having severe or very se- vere erosion potential, and a slope more than fifteen percent (15%). 4-3-050G (Revised 9/15)3 - 24.14 d. Seismic Hazards: i. Low Seismic Hazard (SL): Ar- eas underlain by dense soils or bed- rock. These soils generally have site classifications of A through D, as de- fined in the International Building Code, 2012. ii. High Seismic Hazard (SH): Ar- eas underlain by soft or loose, satu- rated soils. These soils generally have site classifications E or F, as de- fined in the International Building Code, 2012. e. Coal Mine Hazards: i. Low Coal Mine Hazards (CL): Areas with no known mine workings and no predicted subsidence. While no mines are known in these areas, undocumented mining is known to have occurred. ii. Medium Coal Mine Hazards (CM): Areas where mine workings are deeper than two hundred feet (200') for steeply dipping seams, or deeper than fifteen (15) times the thickness of the seam or workings for gently dipping seams. These areas may be affected by subsidence. iii. High Coal Mine Hazard (CH): Areas with abandoned and improp- erly sealed mine openings and areas underlain by mine workings shal- lower than two hundred feet (200') in depth for steeply dipping seams, or shallower than fifteen (15) times the thickness of the seam or workings for gently dipping seams. These areas may be affected by collapse or other subsidence. f. Protected Slopes, as defined in subsection G5aii of this Section: De- velopment is prohibited on protected slopes. Exceptions to this prohibition may be granted pursuant to subsection J of this Section. g. Sensitive Slopes – Medium, High and Very High Landslide Hazards – High Erosion Hazards: During con- struction, weekly on-site inspections shall be required at the applicant’s expense. Weekly reports documenting erosion control measures shall be required. h. Very High Landslide Hazards: i. Prohibited Development: De- velopment shall not be permitted on land designated with very high land- slide hazards. Exceptions to this pro- hibition may be granted pursuant to subsection J of this Section. ii. Buffer Modification: The Ad- ministrator may increase or decrease the required buffer based upon the results of a geotechnical report, and any increase or decrease based upon the results of the geotechnical report shall be documented in writing and included with the project ap- proval. The modified standard shall be based on consideration of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific infor- mation, the steps in RMC 4-9-250 shall be followed. i. Coal Mine Hazards: i. Mitigation – Additional Engi- neering Design and Remediation Specifications: After approval of the mitigation approach proposed as a result of RMC 4-3-050D, and prior to construction, the applicant shall com- plete engineering design drawings and specifications for remediation. Upon approval of the plans and spec- ifications, the applicant shall com- plete the remediation. Hazard mitigation shall be performed by or under the direction of a licensed geo- technical engineer or engineering geologist. The applicant shall docu- ment the hazard mitigation by sub- mitting as-builts and a remediation construction report. 4-3-050G 3 - 24.15 (Revised 9/15) ii. Hazards Found during Con- struction: Any hazards found during any development activities shall be immediately reported to the Develop- ment Services Division. Any coal mine hazards shall be mitigated prior to recommencing construction based upon supplemental recommenda- tions or reports by the applicant’s ge- otechnical professional. iii. Construction in Areas with Combustion: Construction shall not be permitted where surface or sub- surface investigations indicate the possible presence of combustion in the underlying seam or seams, un- less the impact is adequately miti- gated in accordance with the recommendations of the applicant’s geotechnical professional. 6. Habitat Conservation Areas: a. Classification of Critical Habitats: Habitats that have a primary association with the documented presence of non- salmonid or salmonid species (see sub- section L1 of this Section and RMC 4-3-090, Shoreline Master Program Reg- ulations, for salmonid species) species proposed or listed by the Federal govern- ment or State of Washington as endan- gered, threatened, sensitive and/or of local importance. b. Mapping: Critical habitats are identi- fied by lists, categories and definitions of species promulgated by the Washington State Department of Fish and Wildlife (Non-game Data System Special Animal Species) as identified in WAC 232-12- 011; in the Priority Habitat and Species Program of the Washington State Depart- ment of Fish and Wildlife; or by rules and regulations adopted currently or hereaf- ter by the U.S. Fish and Wildlife Service. c. Buffers: The Administrator shall re- quire the establishment of buffer areas for activities in, or adjacent to, habitat conservation areas when needed to pro- tect fish and wildlife habitats of impor- tance. Buffers shall consist of an undisturbed area of native vegetation, or areas identified for restoration, estab- lished to protect the integrity, functions and values of the affected habitat. Buffer widths shall be based on: i. Type and intensity of human ac- tivity proposed to be conducted on the site and adjacent sites. ii. Recommendations contained within a habitat assessment report. iii. Management recommendations issued by the Washington Depart- ment of Fish and Wildlife. d. Alterations Require Mitigation: The Administrator may approve mitiga- tion to compensate for adverse impacts of a development proposal to habitat con- servation areas through use of a federally and/or state certified mitigation bank or in-lieu fee program. See subsection L of this Section. 7. Streams and Lakes: a. Classification System: The follow- ing classification system is hereby ad- opted for the purposes of regulating Streams and Lakes in the City. This clas- sification system is based on the State’s Permanent Water Typing System WAC 222-16-030. Stream and lake buffer widths are based on the following rating system: i. Type S: Waters inventoried as “Shorelines of the State” under chap- ter 90.58 RCW. These waters are regulated under Renton’s Shoreline Master Program Regulations, RMC 4-3-090. ii. Type F: Waters that are known to be used by fish or meet the physi- cal criteria to be potentially used by fish and that have perennial (year- round) or seasonal flows. iii. Type Np: Waters that do not contain fish or fish habitat and that have perennial (year-round) flows. Perennial stream waters do not go dry any time of a year of normal rain- 4-3-050G (Revised 9/15)3 - 24.16 fall. However, for the purpose of wa- ter typing, Type Np waters include the intermittent dry portions of the pe- rennial channel below the uppermost point of perennial flow. iv. Type Ns: Waters that do not contain fish or fish habitat and have intermittent flows. These are sea- sonal, non-fish habitat streams in which surface flow is not present for at least some portion of a year of nor- mal rainfall and are not located downstream from any stream reach that is a Type Np Water. Ns Waters must be physically connected by an above-ground channel system to Type S, F, or Np Waters. b. Non-regulated: Waters that are considered “intentionally created” not regulated under this Section include irri- gation ditches, grass-lined swales and canals that do not meet the criteria for Type S, F, Np, or Ns Non-regulated wa- ters may also include streams created as mitigation. Purposeful creation must be demonstrated through documentation, photographs, statements and/or other persuasive evidence. c. Measurement: i. Stream/Lake Boundary: The boundary of a stream or lake shall be considered to be its ordinary high wa- ter mark (OHWM). The OHWM shall be flagged in the field by a qualified consultant when any study is re- quired pursuant to this subsection G7. ii. Buffer: The boundary of a buffer shall extend beyond the boundaries of the stream or lake to the width ap- plicable to the stream/lake class as noted in subsection G2 of this Sec- tion, Critical Area Buffers and Struc- ture Setbacks from Buffers. Where streams enter or exit pipes, the buffer in this subsection shall be measured perpendicular to the OHWM from the end of the pipe along the open chan- nel section of the stream. Figure 4-3-050.G.7.c.ii. Buffer measurement at pipe opening. d. Stream/Lake Buffer Width Re- quirements: i. Buffers and Setbacks: (a) Minimum Stream/Lake Buffer Widths: See subsection G2 of this Section. (b) Piped or Culverted Streams: (1) Building structures over a natural stream located in an un- derground pipe or culvert except as may be granted by a variance in RMC 4-9-250 are prohibited. Transportation or utility cross- ings or other alterations pursuant to subsection J of this Section are allowed. Pavement over a pre-existing piped stream is al- lowed. Relocation of the piped stream system around structures is allowed. If structure locations are proposed to be changed or the piped stream is being relo- cated around buildings, a hydro- logic and hydraulic analysis of existing piped stream systems will be required for any develop- ment project site that contains a piped stream to ensure it is sized to convey the one hundred (100) year runoff level from the total upstream tributary area based on future land use conditions. 4-3-050G 3 - 24.17 (Revised 9/15) (2) No buffers are required along segments of piped or cul- verted streams. The City shall re- quire easements and setbacks from pipes or culverts consistent with stormwater requirements in RMC 4-6-030 and the adopted drainage manual. ii. Increased Buffer Width: (a) Areas of High Blow-down Potential: Where the stream/ lake buffer is in an area of high blow-down potential for trees as identified by a qualified profes- sional, the buffer width may be expanded an additional fifty feet (50') on the windward side. (b) Habitat Corridors: Where the stream/lake buffer is adja- cent to high functioning critical areas (e.g., wetlands, other streams, other identified habi- tats), the stream/lake buffer width shall be extended to the buffer boundary of the other pro- tected critical area to establish a habitat corridor as needed to protect or establish contiguous vegetated areas between streams/lakes and other critical areas. e. Criteria for Permit Approval – Type F, Np, and Ns: Permit approval for proj- ects on or near regulated Type F, Np and Ns water bodies shall be granted only if the approval is consistent with the provi- sions of this subsection, and complies with one of the following conditions: i. A proposed action meets the standard provisions of this Section and results in no net loss of regulated riparian area or shoreline ecological function in the drainage basin where the site is located; or ii. A proposed action meets alterna- tive administrative standards pursu- ant to this Section and the proposed activity results in no net loss of regu- lated riparian area or shoreline eco- logical function in the drainage basin where the site is located; or iii. A variance process is success- fully completed and the proposed ac- tivity results in no net loss of regulated riparian area or shoreline ecological function in the drainage basin where the site is located. f. Incentives for Restoration of Streams Located in an Underground Pipe or Culvert: Daylighting of culverted watercourses should be encouraged and allowed with the following modified stan- dards: i. Residential Zones: Reduced setbacks, lot width and lot depth standards of chapter 4-2 RMC may be approved without requirement of a variance for lots that abut the day- lighted watercourse to accommodate the same number of lots as if the wa- tercourse were not daylighted. ii. Mixed Use, Commercial, and Industrial Zones: Where greater lot coverage allowances are provided for structured parking in chapter 4-2 RMC, lot coverage may be increased to the limit allowed for structured parking if instead a stream is day- lighted. The increase in impervious surface allowed shall be equal to the area of stream restoration. (a) Standard buffers may be re- duced pursuant to subsection I of this Section. If reduced buffers in subsection I of this Section along with other development stan- dards of the zone would not al- low the same development level as without the watercourse day- lighting, a modification may be requested as in subsection I2c of this Section. (b) When designed consistent with the City’s flood regulations in this subsection G, portions of the daylighted stream/created buffer may be considered part of compensatory storage in flood hazard areas. 4-3-050G (Revised 9/15)3 - 24.18 (c) Stream relocation is permit- ted subject to subsection J of this Section. 8. Wellhead Protection Areas: a. Applicability: Developments, facili- ties, uses and activities discussed in this subsection shall comply with the applica- ble provisions and restrictions of this Section and chapters 4-4, 4-5, 4-6, 4-9, and 5-5 RMC for the Wellhead Protection Areas, as classified below, in which the developments, facilities, uses and activi- ties are located, except as preempted by Federal or State law. i. Wellhead Protection Areas: Wellhead Protection Areas are the portion of an aquifer within the zone of capture and recharge area for a well or well field owned or operated by the City. ii. Wellhead Protection Area Zones: Zones of a Wellhead Protec- tion Area are designated to provide graduated levels of Wellhead Protec- tion Area recharge. Zone boundaries are determined using best available science documented in the City of Renton Wellhead Protection Plan, an appendix of the City of Renton Water System Plan, as periodically up- dated. The following zones may be designated: (a) Zone 1: The land area situ- ated between a well or well field owned by the City and the three hundred sixty five (365) day groundwater travel time contour. (b) Zone 1 Modified: The same land area described for Zone 1 but for the purpose of protecting a high-priority well, wellfield, or spring withdrawing from a confined aquifer with par- tial leakage in the overlying or underlying confining layers. Uses, activities, and facilities lo- cated in this area are regulated as if located within Zone 1 except as provided by this subsection G8. (c) Zone 2: The land area situ- ated between the three hundred sixty five (365) day groundwater travel time contour and the boundary of the zone of potential capture for a well or well field owned or operated by the City. If the aquifer supplying water to such a well, well field, or spring is naturally protected by confining overlying and underlying geo- logic layers, the City may choose not to subdivide a Wellhead Pro- tection Area into two (2) zones. In such a case, the entire Well- head Protection Area will be des- ignated as Zone 2. iii. Mapping: (a) Determination of Loca- tion within a Zone of a Well- head Protection Area: In determining the location of facili- ties within the zones, the follow- ing rules shall apply: (1) Facilities located wholly within a Wellhead Protection zone shall be governed by the restrictions applicable to that zone. (2) Facilities having parts lying within more than one zone of a Wellhead Protection Area shall be governed as follows: Each part of the facility shall be re- viewed and regulated by the re- quirements set forth in this Section for the zone in which that part of the facility is actually lo- cated. (3) Facilities having parts lying both in and out of a Wellhead Protection Area shall be gov- erned as follows: (A) That portion which is within a Wellhead Protection Area shall 4-3-050G 3 - 24.19 (Revised 9/15) be governed by the applicable restrictions in this Section; and (B) That portion which is not in a Wellhead Protection Area shall not be governed by this Section. b. Facilities: i. Hazardous Materials – Use, Production, Storage, Treatment, Disposal, or Management: Persons that store, handle, treat, use, or pro- duce a hazardous material as de- fined by RMC 4-11-080, Definitions H, which are new, existing, or to be closed, shall be subject to the re- quirements of this Section, and as further specified below: (a) All applications for develop- ment permits for uses in which hazardous materials are stored, handled, treated, used or pro- duced or which increase the quantity of hazardous materials stored, handled, treated, used, or produced at a location in the Wellhead Protection Area must be reviewed for compliance with this chapter by the Department prior to approval. (b) The focus of review for all permits will be on the hazardous materials that will be stored, han- dled, treated, used, or produced; and the potential for these sub- stances to degrade groundwater quality. (c) An inventory of hazardous materials on forms provided by the Department shall be submit- ted to the Department upon ap- plication for a development permit. (d) Where required by the De- partment, plans and specifica- tions for secondary containment shall be submitted and shall comply with this subsection G8. Development permits shall not be issued until plans and specifi- cations for secondary contain- ment, if required, have been approved by the Department. ii. New Facilities – Zones 1 and 2: All proposals for new facilities within any zone of an Wellhead Protection Area must be reviewed for compli- ance with this Section prior to issu- ance of any development permits for uses in which hazardous materials are stored, handled, treated, used or produced or which increase the quantity of hazardous materials stored, handled, treated, used, or produced. iii. Prohibited Facilities – Zone 1: (a) The storage, handling, use, treatment or production of haz- ardous materials in aggregate quantities greater than five hun- dred (500) gallons shall not be allowed within Zone 1 of a Well- head Protection Area. The stor- age, handling, use, treatment or production of tetrachloroeth- ylene (e.g., dry-cleaning fluid) shall not be allowed within Zone 1 of a Wellhead Protection Area. (b) No person, persons, corpo- ration or other legal entity shall temporarily or permanently abandon, close, sell, or other- wise transfer a facility in a Well- head Protection Area without complying with the requirements of RMC 4-9-015F, Closure Per- mit, and permit conditions of this Section. iv. Existing Facilities Change in Quantities – Zone 1: In Zone 1 of a Wellhead Protection Area, no change in operations at a facility shall be allowed that increases the aggre- gate quantity of hazardous materials stored, handled, treated, used, or produced with the following excep- tion: An increase in the quantity of hazardous materials is allowed up to the amount allowed for a new facility 4-3-050G (Revised 9/15)3 - 24.20 in Zone 1 as provided by subsection C of this Section. v. Existing Facilities – Allow- ances in Zone 2: The storage, han- dling, treatment, use or production of hazardous materials at existing facil- ities shall be allowed within Zone 2 of a Wellhead Protection Area upon compliance with the permit require- ments, release reporting require- ments, and closure requirements of this Section. vi. Requirements for Facilities – Zones 1 and 2: The following condi- tions in subsections G8bvi(a) to (d) of this Section will be required as part of any operating permit issued for facil- ities in Zone 1 of a Wellhead Protec- tion Area. Conditions in subsections G8bvi(a) to (c) shall apply to facilities in Zone 2 of a Wellhead Protection Area. (a) Secondary Containment – Zones 1 and 2: (1) Materials Stored in Tanks Subject to DOE – Zones 1 and 2: Hazardous materials stored in tanks that are subject to regula- tion by the Washington Depart- ment of Ecology under chapter 173-360 WAC are exempt from containment requirements in subsection G8bvi(a)(2) of this Section, Secondary Contain- ment – Zones 1 and 2, but are subject to applicable require- ments in RMC 4-5-120, Under- ground Storage Tank Secondary Containment Regulations. (2) Secondary Containment Devices Required in Zones 1 and 2: Every owner of a facility shall provide secondary contain- ment devices adequate in size to contain on site any unauthorized release of hazardous materials from any area where these sub- stances are either stored, han- dled, treated, used, or produced. Secondary containment devices shall prevent hazardous materi- als from contacting soil, surface water, and groundwater and shall prevent hazardous materi- als from entering storm drains and, except for authorized and permitted discharges, the sani- tary sewer. (A) Design requirements for secondary containment devices are as follows: (i) The secondary containment device shall be large enough to contain the volume of the pri- mary container in cases where a single container is used to store, handle, treat, use, or produce a hazardous material. In cases where multiple containers are used, the secondary contain- ment device shall be large enough to contain the volume of the largest container. Volumes specified are in addition to the design flow rate of the automatic fire extinguishing system, if pres- ent, to which the secondary con- tainment device is subjected. The secondary containment de- vice shall be capable of contain- ing the fire flow for a period of twenty (20) minutes or more. (ii) All secondary containment devices shall be constructed of materials of sufficient thickness, density, and composition to pre- vent structural weakening of the containment device as a result of contact with any hazardous ma- terial. If coatings are used to pro- vide chemical resistance for secondary containment devices, they shall also be resistant to ex- pected abrasion and impact con- ditions. Secondary containment devices shall be capable of con- taining any unauthorized release for at least the maximum antici- pated period sufficient to allow detection and removal of the re- lease. 4-3-050G 3 - 24.21 (Revised 8/16) (iii) Hazardous materials stored outdoors and their atten- dant secondary containment de- vices shall be covered to preclude precipitation with the exception of hazardous materi- als stored in tanks that have been approved by and are under permit from the Fire Department. Secondary containment for such tanks, if uncovered, shall be able to accommodate the volume of precipitation that could enter the containment device during a twenty four (24) hour, twenty five (25) year storm, in addition to the volume of the hazardous mate- rial stored in the tank. (Ord. 5806, 6-20-2016) (iv) Secondary containment devices shall include monitoring procedures or technology capa- ble of detecting the presence of a hazardous material within twenty four (24) hours following a re- lease. (v) Hazardous materials shall be removed from the secondary containment device within twenty four (24) hours of detection and shall be legally stored or dis- posed. (vi) Areas in which there are floor drains, catchbasins, or other conveyance piping that does not discharge into a sec- ondary containment device that meets the requirements of this chapter shall not be used for sec- ondary containment of hazard- ous materials. Closure of existing piping shall be according to procedures and designs ap- proved by the Department. (vii) Primary containers shall be impervious to the contents stored therein, properly labeled, and fitted with a tight cover which is kept closed except when sub- stances are being withdrawn or used. (viii) Hazardous materials stored outdoors when the facility is left unsupervised must be in- accessible to the public. Such techniques as locked storage sheds, locked fencing, or other techniques may be used if they will effectively preclude access. (ix) Stored hazardous materi- als shall be protected and se- cured, as needed, against impact and earthquake to pre- vent damage to the primary con- tainer that would result in release of hazardous materials that would escape the secondary containment area. (b) Monitoring Required: See RMC 4-9-015. (c) Emergency Collection Devices – Zones 1 and 2: Vac- uum suction devices, absorbent scavenger materials, or other de- vices approved by the Depart- ment shall be present on site (or available within an hour by con- tract with a cleanup company ap- proved by the Department), in sufficient quantity to control and collect the total quantity of haz- ardous materials plus absorbent material. The presence of such emergency collection devices and/or cleanup contract are the responsibility and at the expense of the owner and shall be docu- mented in the operating permit. (d) Additional Facility Re- quirements for Zone 1: (1) An owner of a facility may, at their own expense, be re- quired to institute a program to monitor groundwater, surface water runoff, and/or site soils. The Department may require that the owner of a facility install one or more groundwater moni- toring wells in a manner ap- proved by the Department in order to accommodate the re- 4-3-050G (Revised 8/16)3 - 24.22 quired groundwater monitoring. Criteria used to determine the need for site monitoring shall in- clude, but not be limited to, the proximity of the facility to the City’s production or monitoring wells, the type and quantity of hazardous materials on site, and whether or not the hazardous materials are stored in under- ground vessels. (2) An owner may be required to pave all currently unpaved ar- eas of their facility that are sub- ject to any vehicular use or storage, use, handling, or pro- duction of hazardous materials. (3) An owner may be required to meet the provisions of RMC 4-6-030E4 if the nature of the business involves the use of haz- ardous materials outside of fully enclosed structures, and the City evaluates the existing stormwa- ter collection and conveyance system. (4) The owner may be required to test interior wastewater plumbing and the building side sewer for tightness according to subsection G8gi(c) of this Sec- tion, Pipeline Requirements – Zone 1, and the City reserves the right to require that such waste- water conveyance be repaired or replaced according to subsec- tion G8gi of this Section, Pipeline Requirements – Zone 1. (5) An owner shall be paid by the City fifty percent (50%) of documented capital costs up to twenty five thousand dollars ($25,000.00) for required instal- lation and construction of moni- toring wells, site paving, wastewater conveyance, and stormwater improvements as re- quired in subsections G8bvi(d)(1) through (4) of this Section, Groundwater Monitor- ing and Paving. Payment by the City shall be made according to adopted administrative rules. c. Limited Exemptions: Activities that are exempt from some, but not all, provi- sions of this Section are listed below. Whether the exempted activities are also exempt from permits will be determined based upon application of chapters 4-8 and 4-9 RMC, or other applicable sec- tions of the Renton Municipal Code. i. Hazardous Materials: (a) Materials for Sale in Orig- inal Small Containers: Hazard- ous materials offered for sale in their original containers of five (5) gallons or less shall be ex- empt from requirements in sub- section G8bvi of this Section. (b) Activities Exempt from Specified Wellhead Protection Areas Requirements: The fol- lowing are exempt from require- ments in subsections G8bvi(a) through (d) of this Section, the requirements pertaining to re- view of proposed facilities in sub- section C5d of this Section, Prohibited Changes in Land Use and Types of New Facilities – Wellhead Protection Areas, and the requirements pertaining to prohibited facilities in subsection G8biii(a) of this Section: (1) Hazardous materials use, storage, and handling in de mini- mis amounts (aggregate quanti- ties totaling twenty (20) gallons or less at the facility or construc- tion site). Weights of solid haz- ardous materials will be converted to volumes for pur- poses of determining whether de minimis amounts are exceeded. Ten (10) pounds shall be consid- ered equal to one gallon. (2) Noncommercial residential use, storage, and handling of hazardous materials; provided, that no home occupation busi- 4-3-050G 3 - 24.23 (Revised 9/15) ness (as defined by chapter 4-11 RMC) that uses, stores, or han- dles more than twenty (20) gal- lons of hazardous material is operated on the premises. (3) Hazardous materials in fuel tanks and fluid reservoirs at- tached to a private or commer- cial motor vehicle and used directly in the operation of that vehicle. (4) Fuel oil used in existing heating systems. (5) Hazardous materials used, stored, and handled by the City of Renton in water treatment pro- cesses and water system opera- tions. (6) Fueling of equipment not li- censed for street use; provided, that such fueling activities are conducted in a containment area that is designed and maintained to prevent hazardous materials from coming into contact with soil, surface water, or groundwa- ter except for refueling associ- ated with construction activity regulated by RMC 4-4-030(C)(8), Construction Ac- tivity Standards – Zones 1 and 2. (7) Hazardous materials con- tained in properly operating sealed units (transformers, re- frigeration units, etc.) that are not opened as part of routine use. (8) Hazardous materials in fuel tanks and fluid reservoirs at- tached to private or commercial equipment and used directly in the operation of that equipment. (9) Hazardous materials in aerosol cans. (10) Hazardous materials at multifamily dwellings, hotels, mo- tels, retirement homes, conva- lescent centers/nursing homes, mobile or manufactured home parks, group homes, and day- care family homes or centers when used by owners and/or op- erators of such facilities for on- site operation and maintenance purposes. (11) Hazardous materials used for janitorial purposes at the facil- ity where the products are stored. (12) Hazardous materials used for personal care by workers or occupants of the facility at which the products are stored including but not limited to soaps, hair treatments, grooming aids, health aids, and medicines. (c) Uses, Facilities, and Ac- tivities in Zone 1 Modified Wellhead Protection Areas Ex- empt from Specified Wellhead Protection Areas Require- ments: Facilities located in the Zone 1 Modified Wellhead Pro- tection Areas are exempt from the following: (1) Prohibited facilities require- ments in subsection G8biii(a) of this Section except that the stor- age, handling, use, treatment, and production of tetrachloroeth- ylene (e.g., dry-cleaning fluid) shall be prohibited; (2) Additional facility require- ments in subsection G8bvi(d) of this Section; (3) Wastewater requirements in RMC 4-6-040J1a but shall be subject to Zone 2 requirements in RMC 4-6-040J2; (4) The prohibition of septic systems; and (5) Surface water management requirements of RMC 4-6-030E except that Zone 2 requirements contained in RMC 4-6-030E shall apply. 4-3-050G (Revised 9/15)3 - 24.24 d. Use of Pesticides and Nitrates – All Wellhead Protection Areas: i. Use of Pesticides: The applica- tion of hazardous materials such as pesticides shall be allowed in a Well- head Protection Area, except within one hundred feet (100') of a City owned well or two hundred feet (200') of a City owned spring; pro- vided, that: (a) The application is in strict conformity with the use require- ments as set forth by the EPA and as indicated on the contain- ers in which the substances are sold. (b) Persons who are required to keep pesticide application re- cords by RCW 17.21.100.1 and WAC 16-228-190 shall provide a copy of the required records to the Department within seventy two (72) hours of the application. ii. Fertilizers/Nitrate-Containing Materials: The application of fertiliz- ers containing nitrates shall be al- lowed in a Wellhead Protection Area except within one hundred feet (100') of a City owned well or two hundred feet (200') of a spring; provided, that: (a) No application of nitrate- containing materials shall ex- ceed one-half (0.5) pound of ni- trogen per one thousand (1,000) square feet per single application and a total yearly application of five (5) pounds of nitrogen per one thousand (1,000) square feet; except that an approved slow-release nitrogen may be applied in quantities of up to nine-tenths (0.9) pound of nitro- gen per one thousand (1,000) square feet per single application and eight (8) pounds of nitrogen per one thousand (1,000) square feet per year; and (b) Persons who apply fertilizer containing nitrates to more than one contiguous acre of land lo- cated in the Wellhead Protection Area either in one or multiple ap- plication(s) per year shall provide to the Department within seventy two (72) hours of any application the following information: (1) The name, address, and telephone number of the person applying the fertilizer; (2) The location and land area of the application; (3) The date and time of the ap- plication; (4) The product name and for- mulation; (5) The application rate. e. Wastewater Disposal Require- ments – Zones 1 and 2: Refer to RMC 4-6-040J, Sanitary Sewer Standards, Ad- ditional Requirements that Apply within Zones 1 and 2 of an Aquifer Protection Area. f. Surface Water Requirements – Zones 1 and 2: Refer to RMC 4-6-030E, drainage plan requirements and methods of analysis for additional surface water requirements applicable within Zones 1 and 2 of a Wellhead Protection Area. g. Pipeline Requirements: i. Pipeline Requirements – Zone 1: (a) Materials: All new and ex- isting pipelines, as defined by RMC 4-11-160, in Zone 1 shall be constructed or repaired in ac- cordance with material specifica- tions contained in this Section. (b) Maintenance Required for Existing Pipelines: All exist- ing product pipelines in Zone 1 shall be repaired and maintained in accordance with best manage- ment practices and best avail- able technology. 4-3-050G 3 - 24.25 (Revised 9/15) (c) Testing Required for New Pipelines: All new pipelines con- structed in Zone 1 shall be tested for leakage in conformance with the following provisions prior to being placed into service. (1) Pipeline leakage testing shall be conducted in accor- dance with best available tech- nology, to the satisfaction of the Department. (2) Pipeline leakage testing methods shall be submitted to the Department for review prior to testing and shall include a de- tailed description of the testing methods and technical assump- tions; accuracy and precision of the test; proposed testing dura- tions, pressures, and lengths of pipeline to be tested; and scale drawings of the pipeline(s) to be tested. (3) Upon completion of testing, pipeline leakage testing results shall be submitted to the Depart- ment and shall include: record of testing durations, pressures, and lengths of pipeline tested; and weather conditions at the time of testing. (4) Routine leakage testing of new pipelines constructed in Zone 1 may be required by the Department. h. Construction Activity Standards – Zones 1 and 2: Persons engaged in con- struction activities as defined in RMC 4-11-030, Definitions C, shall comply with subsection G8 of this Section. i. Fill Material Requirements – Zones 1 and 2: Refer to RMC 4-4-060N4, Fill Material – Zones 1 and 2, regarding qual- ity of fill and fill material source statement requirements within Critical Aquifer Re- charge Areas. j. Regulations for Existing Solid Waste Landfills – Zones 1 and 2: i. Materials: Earth materials used as fill or cover at a solid waste landfill shall meet the requirements of RMC 4-4-060N4, Fill Material. ii. Groundwater Monitoring: The Department shall have the authority to require an owner of a solid waste landfill to implement a groundwater monitoring program equal to that de- scribed by King County Board of Health Title 10 (King County Solid Waste Regulations) Section 10.72.020 and a corrective action program equal to that described by Section 10.72.030. The Department shall have the authority ascribed to the health officer in said regulations. Quarterly reports shall be provided to the Department detailing groundwa- ter monitoring activity during the pre- ceding three (3) months. Reports detailing corrective action required by the Department shall be submitted according to a written schedule ap- proved by the Department. k. Fuel Oil Heating Systems – Zones 1 and 2: Owners of facilities and struc- tures shall comply with subsections C5cii(i) and C5ciii(f) of this Section, Pro- hibited Activities – Wellhead Protection Areas, Zones 1 and 2, relating to conver- sion of heating systems to fuel oil and in- stallation of new fuel oil heating systems. 9. Wetlands: a. Applicability: Wetland regulations apply to sites containing or abutting wet- lands, defined in RMC 4-11-230, as de- scribed below. The City categorizes wetlands according to the most current version of the Washington State Wetland Rating System for Western Washington. b. Delineation of Regulatory Edge of Wetlands: i. Methodology: For the purpose of regulation, the exact location of the wetland edge shall be determined by the wetlands specialist hired at the 4-3-050G (Revised 9/15)3 - 24.26 expense of the applicant through the performance of a field investigation in accordance with the approved fed- eral wetland delineation manual and applicable regional supplements. ii. Adjustments to Delineation by City: Where the applicant has pro- vided a delineation of the wetland edge, the City shall review and may render adjustments to the edge delin- eation. In the event the adjusted edge delineation is contested by the applicant, the City shall, at the appli- cant’s expense, obtain the services of an additional qualified wetlands specialist to review the original study and render a final delineation. c. Wetland Categorization or Catego- rization System: The following categori- zation system is hereby adopted for the purposes of regulating wetlands in the City. The City may accept a dual wetland categorization for a wetland exhibiting a combination of Category I and II features or a combination of Category I and III fea- tures. The City will not accept a dual rat- ing for a Category II wetland, such as a combined Category II and III rating. Dual ratings for a Category I wetland shall be consistent with the Washington State Wetland Rating System for Western Washington – 2014 Update (October 2014), or as amended hereafter. Wet- lands buffer widths, replacement ratios and avoidance criteria shall be based on the following ratings: i. Category I Wetlands: Category I wetlands are those wetlands of ex- ceptional value in terms of protecting water quality, storing flood and stormwater, and/or providing habitat for wildlife as indicated by a rating system score of twenty three (23) points or more on the state rating system referenced above. These are wetland communities of infrequent occurrence that often provide docu- mented habitat for critical, threat- ened or endangered species, and/or have other attributes that are very dif- ficult or impossible to replace if al- tered. ii. Category II Wetlands: Category II wetlands have significant value based on their function as indicated by a rating system score of between twenty (20) and twenty two (22) points. They do not meet the criteria for Category I rating but occur infre- quently and have qualities that are difficult to replace if altered. iii. Category III Wetlands: Cate- gory III wetlands have important re- source value as indicated by a rating system score of between sixteen (16) and nineteen (19) points. iv. Category IV Wetlands: Cate- gory IV wetlands are wetlands of lim- ited resource value as indicated by a rating system score between nine (9) and fifteen (15) points. They typically have vegetation of similar age and class, lack special habitat features, and/or are isolated or disconnected from other aquatic systems or high quality upland habitats. d. Wetland Buffers: i. Standard Buffer Widths: See subsection G2 of this Section, Criti- cal Area Buffers and Structure Set- backs from Buffers. ii. Independent Buffer Study: The Administrator shall have the authority to approve proposed alternate buffer widths based on a qualified profes- sional’s wetland study, provided the criteria below are met. Determina- tions made by the Administrator pur- suant to this subsection may be appealed to the Hearing Examiner. (a) The applicant funds the wetland study; and (b) The wetland study shows why the standard buffer widths are unnecessary and how the proposed alternate buffer will provide an equivalent ecological protection as provided by the City standards; and 4-3-050G 3 - 24.27 (Revised 9/15) (c) The wetland study demon- strates how it meets best avail- able science as identified in Wetlands in Washington State, Volume 1: A Synthesis of the Sci- ence (Ecology Publication No. 05-06-006, March 2005) and Wetlands in Washington State, Volume 2: Managing and Pro- tecting Wetlands (Ecology Publi- cation No. 04-06-008, April 2005). iii. Measurement of Buffers: All buffers shall be measured from the wetland boundary as surveyed in the field pursuant to the requirements of this subsection. iv. Increased Wetland Buffer Width: Each applicant shall docu- ment in the required wetland assess- ments whether the criteria in this subsection G9d are or are not met and increased wetland buffers are warranted. Based on the applicant’s report or third party review, increased standard buffer widths may be re- quired in unique cases. Such deter- mination shall be attached as a condition of project approval. Unique cases shall include but not be limited to: (a) The wetland is used by spe- cies listed by the Federal or the State government as threatened, endangered and sensitive spe- cies and State-listed priority spe- cies, essential habitat for those species or has unusual nesting or resting sites such as heron rookeries or raptor nesting trees or evidence thereof; or (b) The buffer or adjacent up- lands have a slope greater than fifteen percent (15%) or is sus- ceptible to erosion and standard erosion control measures will not effectively prevent adverse wet- land impacts. (c) The area is very fragile, or when a larger buffer is necessary to protect wetlands functions and values. e. Cooperative Wetland Compensa- tion: Mitigation Banks, In-Lieu Fee Programs, or Special Area Manage- ment Programs (SAMP): i. Applicability: The City encour- ages and will facilitate and approve cooperative projects wherein a single applicant or other organization with demonstrated capability may under- take a compensation project under the following circumstances: (a) Restoration or creation on site may not be feasible due to problems with hydrology, soils, or other factors; or (b) Where the cooperative plan is shown to better meet estab- lished regional goals for flood storage, flood conveyance, habi- tat or other wetland functions. ii. Process: Applicants proposing a cooperative compensation project shall: (a) Submit a permit application; (b) Demonstrate compliance with all standards; (c) Demonstrate that long-term management will be provided; and (d) Demonstrate agreement for the project from all affected prop- erty owners of record. iii. Mitigation Banks: Mitigation banks are defined as sites which may be used for restoration, creation and/ or mitigation of wetland alternatives from a different piece of property than the property to be altered within the same drainage basin. The City of Renton maintains a mitigation bank. A list of City mitigation bank sites is maintained by the Public Works De- partment. With the approval of Ad- ministrator and the Public Works 4-3-050H (Revised 9/15)3 - 24.28 Department, non-City-controlled mit- igation banks may be established and utilized. If credits are from a mit- igation bank are to be used for Fed- eral or State permits, the bank must be certified under State rules. If ap- proved, compensation payments re- ceived as part of a mitigation or creation bank must be received prior to the issuance of an occupancy per- mit. iv. In-Lieu Fee Programs: In-lieu fee mitigation involves the resto- ration, creation, enhancement, or preservation of aquatic resources through funds paid to a governmental or non-profit natural resources man- agement entity to satisfy compensa- tory mitigation for Federal, State, and local permits. Both the U.S. Army Corps of Engineers (33 CFR Parts 325 and 332) and Washington State (WAC 173-700) support the use of in- lieu fee programs. The City of Renton is located within the service area of the King County Mitigation Reserves In-Lieu Fee Program, which may be used by applicants with the approval of the Administrator and Public Works Department provided the miti- gation occurs within the City of Renton and the same drainage ba- sin. v. Special Area Management Pro- grams: Special area management programs are those wetland pro- grams agreed upon through an inter- jurisdictional planning process involving the U.S. Army Corps of En- gineers, the Washington State De- partment of Ecology, any affected counties and/or cities, private prop- erty owners and other parties of inter- est. The outcome of the process is a regional wetlands permit represent- ing a plan of action for all wetlands within the special area. H. ALTERATIONS TO CRITICAL AREAS AND/OR BUFFERS – GENERAL REQUIREMENTS: 1. General Purpose: The typically required critical area buffers may be reduced to no less than the minimums set forth in this sub- section where the City is able to verify that the proposal will result in no net loss of functions or values as documented in a study prepared by a qualified professional. Greater buffer width reductions require review as a variance pursuant to subsection K of this Section. 2. Authority and Documentation of Re- quired Findings: Based upon an applicant’s request, and the acceptance of a wetland and/or stream or lake study, mitigation and enhancement plan, the Administrator may approve an alteration to the minimum buffer widths where the applicant can demonstrate that through enhancing the buffer and the use of low impact development strategies the re- duced buffer will function at a higher level than the standard buffer. Determinations and evidence shall be included in the application file. The City shall also evaluate all proposals using the following criteria, in the order below. The development plan will: a. Avoid any disturbances to the critical area or buffer; b. Minimize any critical area or buffer impacts; c. Compensate for any critical area or buffer impacts; d. Restore any critical area or buffer temporarily impacted or lost; e. Create new critical areas and buffers for those lost; and f. Enhance an existing degraded buffer to compensate for lost functions and val- ues in addition to restoring or creating a critical area. 3. Studies Required: The City’s determi- nation shall be based on specific site studies by recognized experts. 4-3-050I 3 - 24.29 (Revised 9/15) 4. Surety, Mitigation, and Monitoring Re- quired: The City will require long-term moni- toring of the project pursuant to subsection L3 of this Section. 5. Corrective Actions Required: Correc- tive actions will be required if adverse im- pacts to critical areas or buffers are discovered during the monitoring period. 6. Public Notice Required: Public notifica- tion shall be given as follows: a. For applications that are not other- wise subject to notices of application pur- suant to chapter 4-8 RMC, notice of the critical area and/or buffer alteration shall be given by posting the site and notifying abutting or adjacent property owners with the potential to be impacted, in accor- dance with chapter 4-8 RMC. Upon de- termination by the Administrator to allow or disallow an alteration, notification of parties of record, if any, shall be made. b. For applications that are subject to notices of application, the critical area and/or buffer alteration or request for de- termination to allow an alteration shall be included with notice of application. If the determination to allow or disallow an al- teration of the mitigation requirements is not known at the time of the notice of ap- plication, written notice to abutting or ad- jacent property owners shall be given instead at the time of the SEPA determi- nation. Upon determination to allow or disallow an alteration, notification of par- ties of record, if any, shall be made. I. ALTERATIONS TO CRITICAL AREAS BUFFERS: 1. Maximum Permissible Administrative Alterations to Critical Areas Buffers – Al- teration of Critical Area Buffers: The re- quired critical area buffers may be reduced to no less than the minimums set forth in this subsection. Greater buffer width reductions require review as a variance pursuant to RMC 4-9-250. 1. Subject to approval pursuant to the criteria in RMC 4-3-050G5hii. 2. Subject to approval pursuant to the criteria in RMC 4-3-050I2a. 3. Subject to approval pursuant to the criteria in RMC 4-3-050I2b. 2. Streams: a. Criteria for Reduction of Degraded Stream Buffer Width with Enhance- ment: A reduced buffer will be approved in a degraded stream buffer only if: i. It will provide an overall improve- ment in water quality; and ii. It will provide an overall en- hancement to fish, wildlife, or their habitat; and Critical Area Category or Type Reduced Buffer: Minimum Widths Possible Averaged Buffer: Minimum Widths Possible Geologically Hazardous Areas Landslide Hazard Areas: Very High Based on City acceptance of a geotechnical report1 N/A Streams and Lakes Type F 90 feet 2 75 feet3 Type Np 60 feet 2 37.5 feet3 Type Ns 40 feet 2 25 feet3 Wetlands Wetland buffer widths shall be reduced by no more than 25% of the buffer required in subsection G of this Section. 4-3-050I (Revised 9/15)3 - 24.30 iii. It will provide a net improvement in drainage and/or stormwater deten- tion capabilities; and iv. It will not be materially detrimen- tal to any other property or the City as a whole; and v. It will provide all exposed areas with stabilized native vegetation, as appropriate; and vi. The request is not made in con- junction with buffer reduction, and vii. It will provide, as part of the buf- fer reduction request, buffer en- hancement plan prepared by a qualified professional and fund a re- view of the plan by the City’s consul- tant. The plan shall assess habitat, water quality, stormwater detention, groundwater recharge, shoreline protection, and erosion protection functions of the buffer; assess the ef- fects of the proposed modification on those functions; and address the six (6) criteria listed above. b. Criteria for Approval of Averaged Stream Buffer: Buffer width averaging may be allowed only where the applicant demonstrates all of the following: i. There are existing physical im- provements in or near the water body and associated riparian area; and ii. Buffer width averaging will result in no net loss of stream/lake/riparian ecological function; and iii. The total area contained within the buffer after averaging is no less than that contained within the re- quired standard buffer width prior to averaging; and iv. The proposed buffer standard is based on consideration of the best available science as described in WAC 365-195-905; and v. Where the buffer width is re- duced by averaging pursuant to this subsection, buffer enhancement shall be required. c. Criteria for Approval of Reduced Buffer for Type Np and Ns Streams to be Daylighted: An applicant may re- quest that the Administrator grant a mod- ification as follows: i. Modifications may be requested for a reduction in stream buffers for Type Np and Ns watercourses pro- posed to be daylighted, below the stream buffer reduction levels of sub- section I1 of this Section. ii. In addition to the criteria of RMC 4-9-250D, Modification Procedures, the following criteria shall apply: (a) The buffer is lowered only to the amount necessary to achieve the same amount of de- velopment as without the day- lighting; and (b) The buffer width is no less than fifty feet (50') on a Type Np watercourse and twenty five feet (25') on a Type Ns watercourse; and (c) The proposed modification is based on consideration of the best available science as de- scribed in WAC 365-195-905. 3. Wetlands: a. Criteria for Reduction of Wetland Buffer Width with Enhancement: The reviewing official must find that the pro- posal meets all the following criteria: i. The reduced buffer will function at a higher level than the standard buf- fer; and ii. An enhanced buffer shall never be less than seventy five percent (75%) of the standard width at its nar- rowest point; and iii. The buffer area has less than fif- teen percent (15%) slopes and no di- rect or indirect, short-term or long- 4-3-050J 3 - 24.31 (Revised 9/15) term, adverse impacts to regulated wetlands, as determined by the City, and iv. The proposal shall rely upon a site-specific evaluation and docu- mentation of buffer adequacy based upon Wetlands in Washington State, Volume 1: A Synthesis of the Science (Ecology Publication No. 05-06-006, March 2005) and Wetlands in Wash- ington State, Volume 2: Managing and Protecting Wetlands (Ecology Publication No. 04-06-008, April 2005), or similar approaches; and v. The proposed buffer standard is based on consideration of the best available science as described in WAC 365-195-905; and b. Criteria for Averaging of Wetland Buffer Width: Averaging may be allowed only where the applicant demonstrates all of the following: i. There are existing physical im- provements in or near the wetland and buffer; and ii. That width averaging will not ad- versely impact the wetland function and values; and iii. That the total area contained within the wetland buffer after aver- aging is no less than that contained within the required standard buffer prior to averaging; and iv. A site-specific evaluation and documentation of buffer adequacy based upon Wetlands in Washington State, Volume 1: A Synthesis of the Science (Ecology Publication No. 05- 06-006, March 2005) and Wetlands in Washington State, Volume 2: Man- aging and Protecting Wetlands (Ecology Publication No. 04-06-008, April 2005), or similar approaches have been conducted. The proposed buffer standard is based on consider- ation of the best available science as described in WAC 365-195-905; and v. In no instance shall the buffer width be reduced by more than sev- enty five percent (75%) of the stan- dard buffer. Greater buffer width reductions require review as a vari- ance pursuant to RMC 4-9-250B; and vi. Buffer enhancement in the ar- eas where the buffer is reduced shall be required on a case-by-case basis where appropriate to site conditions, wetland sensitivity, and proposed land development characteristics. J. ALTERATIONS TO CRITICAL AREAS: 1. Criteria for Modifying Geologically Hazardous Area Standards: a. An applicant may request that the Administrator grant a modification to al- low: i. Regrading of any slope which was created through previous min- eral and natural resource recovery activities or was created prior to adoption of applicable mineral and natural resource recovery regula- tions or through public or private road installation or widening and related transportation improvements, rail- road track installation or improve- ment, or public or private utility installation activities; and/or ii. Filling against the toe of a natural rock wall or rock wall created through mineral and natural resource recov- ery activities or through public or pri- vate road installation or widening and related transportation improvements, railroad track installation or improve- ment or public or private utility instal- lation activities; b. Process: The following procedures shall apply to any of the above activities: i. The applicant shall submit a geo- technical report describing any po- tential impacts of the proposed modification and any necessary miti- gation measures; 4-3-050J (Revised 9/15)3 - 24.32 ii. All submitted reports shall be in- dependently reviewed by qualified specialists selected by the City at the applicant’s expense; iii. The Administrator may grant, condition, or deny the request based upon the proposal’s compliance with the applicable modification criteria of RMC 4-9-250D; and iv. Any slope which remains forty percent (40%) or steeper following site development shall be subject to all applicable geologic hazard regu- lations for steep slopes and landslide hazards, in this Section; and v. In addition to the criteria of RMC 4-9-250D, Modification Procedures, the following criteria shall apply: The proposed modification is based on consideration of the best available science as described in WAC 365- 195-905. 2. Alterations Within Streams and Lakes or Associated Buffers. a. Criteria for Administrative Ap- proval of Transportation Crossings in Stream/Lake or Buffer Areas: Con- struction of vehicular or non-vehicular transportation crossings may be permit- ted in accordance with an approved stream/lake study subject to the following criteria: i. The proposed route is deter- mined to have the least impact on the environment, while meeting City Comprehensive Plan Transportation Element requirements and standards in RMC 4-6-060; and ii. The crossing minimizes interrup- tion of downstream movement of wood and gravel; and iii. Transportation facilities in buffer areas shall not run parallel to the wa- ter body; and iv. Crossings occur as near to per- pendicular with the water body as possible; and v. Crossings are designed accord- ing to the Washington Department of Fish and Wildlife Fish Water Cross- ing Design Guidelines, 2013, and the National Marine Fisheries Service Guidelines for Salmonid Passage at Stream Crossings, 2000, as may be updated, or equivalent manuals as determined by the Administrator; and vi. Seasonal work windows are de- termined and made a condition of ap- proval; and vii. Mitigation criteria of subsection L of this Section are met. b. Criteria for Administrative Ap- proval of Utilities in Stream/Lake or Buffer: New utility lines and facilities may be permitted to cross water bodies in ac- cordance with an approved stream/lake study, if they comply with the following criteria: i. Fish and wildlife habitat areas shall be avoided to the maximum ex- tent possible; and ii. The utility is designed consistent with one or more of the following methods: (a) Installation shall be accom- plished by boring beneath the scour depth and hyporheic zone of the water body and channel migration zone; or (b) The utilities shall cross at an angle greater than sixty (60) degrees to the centerline of the channel in streams or perpendic- ular to the channel centerline; or (c) Crossings shall be con- tained within the footprint of an existing road or utility crossing; and iii. New utility routes shall avoid paralleling the stream or following a down-valley course near the chan- nel; and 4-3-050J 3 - 24.33 (Revised 9/15) iv. The utility installation shall not increase or decrease the natural rate of shore migration or channel migra- tion; and v. Seasonal work windows are de- termined and made a condition of ap- proval; and vi. Mitigation criteria of subsection L of this Section are met. c. Administrative Approval of In-Wa- ter Structures or In-Water Work: In ac- cordance with an approved stream or lake study, in-water structures or work may be permitted, subject to the follow- ing: In-stream structures, such as, but not limited to, in-stream ponds, retention and detention facilities, tide gates, dams, and weirs, shall be allowed as part of an ap- proved watershed basin restoration proj- ect approved by the City of Renton, and in accordance with mitigation criteria of subsection L of this Section. The appli- cant will obtain and comply with State or Federal permits and requirements. d. Administrative Approval of Dredg- ing: Dredging may be permitted only when: i. Dredging is necessary for flood hazard areas reduction purposes, if a definite flood hazard area would exist unless dredging were permitted; or ii. Dredging is necessary to correct problems of material distribution and water quality, when such problems are adversely affecting aquatic life; or iii. Dredging is associated with a stream habitat enhancement or cre- ation project not otherwise exempt in subsection C of this Section; or iv. Dredging is necessary to protect public facilities; or v. Dredging is required as a mainte- nance and operation condition of a federally funded flood hazard areas reduction project or a hazard mitiga- tion project; and vi. Dredging is done so as to meet applicable mitigation criteria of sub- section L of this Section. e. Administrative Approval of Stream Relocation: Stream relocation may be allowed when analyzed in an ac- cepted stream or lake assessment, and when the following criteria and conditions are met: i. Stream relocation may only be permitted if associated with: (a) A public flood hazard areas reduction/habitat enhancement project approved by appropriate state and/or federal agencies; or (b) Expansion of public road or other public facility improve- ments where no feasible alterna- tive exists; or (c) A public or private proposal restoring a water body and re- sulting in a net benefit to on- or off-site habitat and species. ii. The following conditions also ap- ply to any stream relocation proposal meeting one or more of the above cri- teria: (a) Buffer widths shall be based upon the new stream lo- cation; provided, that the buffer widths may be reduced or aver- aged if meeting criteria of sub- section I or J of this Section. Where minimum required buffer widths are not feasible for stream relocation proposals that are the result of activities pursuant to cri- teria in this subsection J, other equivalent on- or off-site com- pensation to achieve no net loss of riparian function is provided. (b) When Type Ns streams, as defined in subsection G7 of this Section, are proposed for reloca- tion due to expansions of public roads or other public facility im- provements pursuant to this sub- section J, the buffer area 4-3-050J (Revised 9/15)3 - 24.34 between the facility and the relo- cated stream shall not be less than the width prior to the reloca- tion. The provided buffer be- tween the facility and the relocated stream shall be en- hanced or improved to provide appropriate functions given the class and condition of the stream; or if there is no buffer currently, other equivalent on- or off-site compensation to achieve no net loss of riparian functions is provided. (c) Applicable mitigation crite- ria of subsection L of this Section must be met. (d) Proper notification to the City must be made and records provided to the City of stream re- locations, pursuant to subsection D of this Section, in cases where the stream/lake is subject to flood hazard area regulations of this Section. 3. Criteria for Modifying Wellhead Pro- tection Area Standards: The Department will consider modification applications in the following cases: a. The request is to find that a standard is inapplicable to that activity, facility, or development permit due to the appli- cant’s proposed methods or location; or b. The request is to modify a specific standard or regulation due to practical difficulties; and c. The request meets the intent and purpose of the Wellhead Protection Area regulations. Based upon application of the tests in subsections J3a, b, and c of this Section, applications which are considered appro- priate for review as modifications are subject to the procedures and criteria in RMC 4-9-250D, Modification Proce- dures. Requests to modify regulations or standards which do not meet the above tests shall be processed as variances. d. The request, in addition to meeting the criteria of RMC 4-9-250D, Modifica- tion Procedures, must be based on con- sideration of the best available science as described in WAC 365-195-905; or where there is an absence of valid scien- tific information, the steps in RMC 4-9-250F are followed. 4. Criteria for Approving Wetland Alter- ations: Wetland alterations may only be au- thorized after the City makes a written finding that the proposal is consistent with the follow- ing criteria: a. No Net Loss: Activities that ad- versely affect wetlands and/or wetland buffers shall include mitigation sufficient to achieve no net loss of wetland function and acreage and to achieve, where prac- ticable, a net resource gain in wetlands over present conditions. The concept of “no net loss” means to create, restore and/or enhance a wetland so that there is no reduction to total wetland acreage and/or function. b. Compensation for wetland alter- ations shall occur in the following order of preference: i. Re-establishing wetlands on up- land sites that were formerly wet- lands. ii. Rehabilitating wetlands for the purposes of repairing or restoring natural and/or historic functions. iii. Creating wetlands on disturbed upland sites such as those consisting primarily of nonnative, invasive plant species. iv. Enhancing significantly de- graded wetlands. v. Preserving Category I or II wet- lands that are under imminent threat; provided, that preservation shall only be allowed in combination with other forms of mitigation and when the Ad- ministrator determines that the over- all mitigation package fully replaces the functions and values lost due to development. 4-3-050L 3 - 24.35 (Revised 9/15) vi. Cooperative compensation to mitigation banks or in-lieu fee pro- grams, as indicated in subsection G9e of this Section. c. Mitigation Ratios for Wetland Im- pacts: Compensatory mitigation for wet- land alterations shall be based on the wetland category and the type of mitiga- tion activity proposed. The replacement ratio shall be determined according to the ratios provided in the table below. The created, re-established, rehabilitated, or enhanced wetland area shall at a mini- mum provide a level of functions equiva- lent to the wetland being altered and shall be located in an appropriate landscape setting. *Ratio is the replacement area: impact area. **As defined in RMC 4-3-050G. d. Mitigation Ratios for Wetland Buf- fer Impacts: Compensation for wetland buffer impacts shall occur at a minimum one to one (1:1) ratio. Compensatory mit- igation for buffer impacts shall include en- hancement of degraded buffers by planting native species, removing struc- tures and impervious surfaces within buf- fers, and other measures. e. Special Requirements for Mitiga- tion Banks: Mitigation banks shall not be subject to the replacement ratios outlined in the replacement ratio table above, but shall be determined as part of the mitiga- tion banking agreement and certification process. f. Buffer Requirements for Replace- ment Wetlands: Replacement wetlands established pursuant to these mitigation provisions shall have adequate buffers to ensure their protection and sustainability. The buffer shall be based on the category in subsection G2 of this Section. g. Location: Compensatory mitigation shall be provided on site or off site in the location that will provide the greatest eco- logical benefit and have the greatest like- lihood of success. Mitigation shall occur as close as possible to the impact area, within the same watershed sub-basin, and in a similar habitat type as the permit- ted alteration unless the applicant demonstrates to the satisfaction of the Administrator through a watershed- or landscaped-based analysis that mitiga- tion within an alternative sub-basin of the same watershed would have greater eco- logical benefit. h. Protection: All mitigation areas whether on or off site shall be perma- nently protected and managed to prevent degradation and ensure protection of crit- ical area functions and values into perpe- tuity. Permanent protection shall be achieved through protective covenant in accordance with this Section. K. VARIANCES: See RMC 4-9-250. L. MITIGATION, MAINTENANCE AND MONITORING: 1. Mitigation Plan Required: a. Criteria: Mitigation plans required through the application of subsections G4 to G9 of this Section shall comply with chapter 4-8 RMC. In addition, the appli- cant shall: Wetland Mitigation Type and Replacement Ratio* Wetland Category**Creation or Re-establishment Rehabilitation Enhancement Only Category IV 1.5:1 2:1 3:1 Category III 2:1 3:1 4:1 Category II 3:1 4:1 6:1 Category I 6:1 8:1 Not allowed 4-3-050L (Revised 9/15)3 - 24.36 i. Demonstrate sufficient scientific expertise, the supervisory capability, and the financial resources to carry out the mitigation project; and ii. Demonstrate the capability for monitoring the site and making cor- rections during the monitoring period if the mitigation project fails to meet projected goals; and iii. Protect and manage, or provide for the protection and management, of the mitigation area to avoid further development or degradation and to provide for long-term environmental health of the mitigation area; and iv. Provide for project monitoring and allow City inspections; and v. Avoid mitigation proposals that would result in additional future miti- gation or regulatory requirements for adjacent or abutting properties. b. Mitigation Sequencing: If alter- ations to critical areas are proposed for a non-exempt activity, the applicant shall evaluate alternative methods of develop- ing the property using the following crite- ria in this order and provide reasons why a less intrusive method of development is not feasible. In determining whether to grant permit approval pursuant to RMC 4-3-050C, a determination shall be made as to whether the feasibility of less intru- sive methods of development has been adequately evaluated and that less intru- sive methods of development are not fea- sible. i. Avoiding the impact altogether by not taking a certain action or parts of an action (usually by either finding another site or changing the location on the site). ii. Minimizing adverse impacts by limiting the magnitude of the action and its implementation, by using ap- propriate technology, or by taking af- firmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts. iii. Rectifying adverse impacts to wetlands, Wellhead Protection Ar- eas, flood hazard areas, and habitat conservation areas by repairing, re- habilitating, or restoring the affected environment to the historical condi- tions or the conditions existing at the time of the initiation of the project. iv. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered or other methods. v. Reducing or eliminating the ad- verse impacts or hazard over time by preservation and maintenance oper- ations over the life of the action. vi. Compensating for adverse im- pacts to wetlands, Wellhead Protec- tion Areas, flood hazard areas, and habitat conservation areas by replac- ing, enhancing, or providing substi- tute resources or environments. vii. Monitoring the hazard or other required mitigation and taking reme- dial action when necessary. c. Based on Best Available Science: The applicant shall demonstrate that the mitigation is based on consideration of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific information, the steps in RMC 4-9-250F are followed. d. Mitigation Alternatives and Loca- tion: i. On-Site Mitigation: Mitigation shall be provided on site, unless on- site mitigation is not scientifically fea- sible due to physical features of the property. The burden of proof shall be on the applicant to demonstrate that mitigation cannot be provided on site. ii. Off-Site Mitigation: When miti- gation cannot be provided on site, mitigation shall be provided in the im- mediate vicinity of the permitted ac- tivity on property owned or controlled by the applicant, and identified as 4-3-050L 3 - 24.37 (Revised 9/15) such through a recorded document such as an easement or covenant, provided such mitigation is beneficial to the habitat area and associated re- sources. iii. In-Kind Mitigation: In-kind mit- igation shall be provided except when the applicant demonstrates and the City concurs that greater functional and habitat value can be achieved through out-of-kind mitiga- tion. e. Timing of Mitigation Plan – Final Submittal and Mitigation Commence- ment: When a mitigation plan is required, the proponent shall submit a final mitiga- tion plan for the approval of the Adminis- trator prior to the issuance of building or construction permits for development. The proponent shall receive written ap- proval of the mitigation plan prior to com- mencement of any construction activity. Where the City requires increased buf- fers rather than standard buffers, it shall be noted on the subdivision plan and/or site plan. f. Timing of Construction and/or Building Permit Issuance: In order to ensure no loss of critical area functions and values, development permits shall not be issued prior to installation and ac- ceptance of all required mitigation unless a surety device in an amount of three hundred percent (300%) of the mitigation installation contract amount is provided to the satisfaction of the City. Mitigation activities shall be timed to occur in the ap- propriate season based on weather and moisture conditions. g. When Stream or Lake Mitigation Plan Is Required: The applicant shall be required to conduct a stream or lake mit- igation plan pursuant to RMC 4-8-120 if impacts are identified within a stream or lake study. The approval of the stream or lake mitigation plan by the Administrator shall be based on the following criteria. i. Mitigation Location: Mitigation location shall follow the preferences in this subsection L: (a) On-Site Mitigation: On- site mitigation is required unless a finding is made that on-site mit- igation is not feasible or desir- able; (b) Off-Site Mitigation within Same Drainage Subbasin as Subject Site: Off-site mitigation may be allowed when located within the same drainage subba- sin as the subject site and if it achieves equal or improved eco- logical functions over mitigation on the subject site; (c) Off-Site Mitigation within Same Drainage Basin within City Limits: Off-site mitigation may be allowed when located within the same drainage basin within the Renton City limits if it achieves equal or improved eco- logical functions within the City over mitigation within the same drainage subbasin as the proj- ect; (d) Off-Site Mitigation within the Same Drainage Basin Out- side the City Limits: Off-site mitigation may be allowed when located within the same drainage basin outside the Renton City limits if it achieves equal or im- proved ecological functions over mitigation within the same drain- age basin within the Renton City limits and it meets City goals. ii. Mitigation Type: In all cases, mitigation shall provide for equivalent or greater biological functions pursu- ant to subsection L1giii(a) of this Section. Additionally, there shall be no net loss of riparian area or shore- line ecological function resulting from any activity or land use occurring within the regulated buffer area. Types of mitigation shall follow the preferences in this subsection L: (a) Daylighting (returning to open channel) of streams or re- moval of manmade salmonid mi- gration barriers; 4-3-050L (Revised 9/15)3 - 24.38 (b) Removal of impervious sur- faces in buffer areas and im- proved biological function of the buffer; (c) In-stream or in-lake mitiga- tion as part of an approved wa- tershed basin restoration project; (d) Other mitigation suitable for site and water body conditions that meet all other provisions for a mitigation plan. iii. Contiguous Corridors: Mitiga- tion sites shall be located to preserve or achieve contiguous riparian or wildlife corridors to minimize the iso- lating effects of development on hab- itat areas, so long as mitigation of aquatic habitat is located within the same aquatic ecosystem as the area disturbed. (a) Equivalent or Greater Bio- logical Functions: The Admin- istrator shall utilize the report “City of Renton Best Available Science Literature Review and Stream Buffer Recommenda- tions” by AC Kindig and Com- pany and Cedarock Consultants, dated February 27, 2003, unless superseded with a City-adopted study, to determine the existing or potential ecological function of the stream or lake or riparian habitat that is being affected. Al- ternate reports or literature that meet Best Available Science may be utilized as supplemental information in order to ensure the Administrator’s determination re- flects current science and analy- sis. Mitigation shall address each function affected by the alter- ation. Mitigation to compensate alterations to stream/lake areas and associated buffers shall achieve equivalent or greater bi- ologic and hydrologic functions and shall include mitigation for adverse impacts upstream or downstream of the development proposal site. No net loss of ri- parian habitat or water body function shall be demonstrated. (b) Minimum Mitigation Plan Performance Standards: See subsection L1 of this Section. iv. Alternative Mitigation: The mitigation requirements set forth in this subsection L1 may be modified at the Administrator’s discretion if the applicant demonstrates that im- proved habitat functions, on a per- function basis, can be obtained in the affected sub-drainage basin as a re- sult of alternative mitigation mea- sures. 2. Surety Devices: a. Required for Mitigation Plans: For any mitigation plans required as a result of the application of these regulations, a surety device shall be required to ensure performance consistent with RMC 4-1-230. The King County Critical Areas Mitigation Bond Quantity Worksheet may be used by applicants to determine ap- propriate amounts sufficient to cover the cost of conformance with the conditions of this Section, including corrective mea- sures associated with work that is not completed. After the Administrator deter- mines that mitigation has been success- fully completed in compliance with the approved mitigation plan and the moni- toring period has expired, the surety de- vice shall be released. The City may collect against the surety device and re- quire the property owner to sign a prop- erty access release form when work, which is not completed, is found to be in violation of the conditions set forth in the mitigation plan and/or the Administrator determines that the site is in violation of the purposes of this Section. b. Time Period: The surety device shall be sufficient to guarantee that struc- tures, improvements, and mitigation re- quired by permit condition perform satisfactorily for a minimum of five (5) years after they have been completed. 3. Monitoring: All compensatory mitigation projects shall be monitored for a period nec- 4-3-050N 3 - 24.39 (Revised 5/18) essary to establish that performance stan- dards have been met, but generally not for a period less than five (5) years. Reports for wet- land mitigation projects shall be submitted quarterly for the first year and thereafter annu- ally for the next four (4) years following con- struction for a total of five (5) years minimum. Subsequent reporting shall be required if ap- plicable to document milestones, successes, problems, and contingency actions of the com- pensatory mitigation. Should the mitigation project fail to meet established success criteria at any point, the monitoring period shall be started over at year one. The Administrator shall have the authority to modify or extend the monitoring period and require additional mon- itoring reports for up to ten (10) years when any of the following conditions apply: a. The project does not meet the perfor- mance standards identified in the mitiga- tion plan; b. The project does not provide ade- quate replacement for the functions and values of the impacted critical area; c. The project involves establishment of forested plant communities, which re- quire longer time for establishment. M. APPEALS: 1. General: See RMC 4-8-070, Authority and Responsibilities, and RMC 4-8-110. 2. Record Required – Flood Hazard Ar- eas: See RMC 4-9-250B. N. UNAUTHORIZED ALTERATIONS AND ENFORCEMENT: 1. Stop Work Order: When a critical area or its buffer has been altered in violation of this Title, all ongoing development work shall stop. The City shall have the authority to issue a stop work order to cease all ongoing develop- ment work, and order restoration, rehabilita- tion, or replacement measures at the owner’s or other responsible party’s expense to com- pensate for violation of provisions of this Title. 2. Requirement and Timing for Resto- ration Plan and Site Restoration: All devel- opment work shall remain stopped until a restoration plan is prepared and approved by City. Such a plan shall be prepared by a qual- ified professional using the best available sci- ence and shall describe how the actions proposed meet the minimum requirements described in subsection N3 of this Section. The Administrator shall, at the violator’s ex- pense, seek expert advice in determining the adequacy of the plan. Inadequate plans shall be returned to the applicant or violator for re- vision and resubmittal. Once the restoration plan has been approved by the City, the ap- plicant must implement the plan to the satis- faction of the City prior to recommencing development activity. 3. Minimum Performance Standards for Restoration: Information demonstrating compliance with the requirements in subsec- tion L of this Section shall be submitted to the Administrator. The following minimum perfor- mance standards shall be met for the resto- ration of a critical area; provided, that if the violator can demonstrate that greater func- tional and habitat values can be obtained, these standards may be modified: a. Wellhead Protection Areas, Flood Hazard Areas, Wetlands, and Habitat Conservation Areas: i. The historic structural and func- tional values shall be restored, includ- ing water quality and habitat functions; ii. The historic soil types and con- figuration shall be replicated; iii. The critical area and buffers shall be replanted with native vegeta- tion that replicates the vegetation historically found on the site in spe- cies types, sizes, and densities. The historic functions and values should be replicated at the location of the al- teration; and b. Geologic hazards: i. The hazard shall be reduced to a level equal to, or less than, the pre- development hazard; ii. Any risk of personal injury result- ing from the alteration shall be elimi- nated or minimized; and 4-3-070A (Revised 5/18)3 - 24.40 iii. The hazard area and buffers shall be replanted with native vegeta- tion sufficient to minimize the hazard. 4. Site Investigations Authorized: The Administrator is authorized to make site in- spections and take such actions as are nec- essary to enforce this Title. The Administrator shall present proper credentials and make a reasonable effort to contact any property owner before entering onto private property. 5. Penalties: See RMC 4-3-120 and chap- ter 4-1 RMC. (Ord. 5757, 6-1-2015) 4-3-060 (Reserved) 4-3-070 PIPELINE NOTICE: A. PURPOSE AND APPLICABILITY: The requirements in this Section are intended to reduce the likelihood of accidental damage to and from hazardous liquid and gas pipelines. This Section applies to all development within five hundred feet (500’) of hazardous liquid or gas pipelines. B. REQUIRED NOTICE ON TITLE: All development within five hundred feet (500') of hazardous liquid or gas pipelines shall, as a con- dition of approval, be required to place a note on title notifying future owners of the presence of a hazardous liquid or gas pipeline in the vicinity and advising contact with the pipeline owner before any ground disturbance. (Ord. 5675, 12-3-2012) 4-3-080 (Repealed by Ord. 5759, 6-22-2015) 4-3-090 SHORELINE MASTER PROGRAM REGULATIONS: 4-3-090A PROGRAM ELEMENTS 4-3-090B REGULATED SHORELINES 4-3-090C SHORELINES OVERLAY DISTRICTS 4-3-090D GENERAL DEVELOPMENT STANDARDS 4-3-090E USE REGULATIONS 4-3-090F SHORELINE MODIFICATION A. PROGRAM ELEMENTS: The Renton Shoreline Master Program consists of the following elements: 1. The Shoreline Management Element of the Renton Comprehensive Plan. 2. This Section, RMC 4-3-090, Shoreline Master Program Regulations, which is sub- ject to review and approval by the Washing- ton State Department of Ecology pursuant to RCW 90.58.090. 3. Chapter 4-11 RMC, Definitions, which are subject to review and approval by the Washington State Department of Ecology pursuant to RCW 90.58.090 to the extent that they relate to this Section or are defined by RCW 90.58.030. 4. RMC 4-9-190, Shoreline Permits, which are subject to review and approval by the Washington State Department of Ecology pursuant to RCW 90.58.090 to the extent that they relate to specific procedural mandates of chapter 90.58 RCW. 5. RMC 4-10-095, Shoreline Nonconform- ing Uses, Activities, Structures, and Sites, which are subject to review and approval by the Washington State Department of Ecology pursuant to RCW 90.58.090 to the extent that they relate to specific procedural mandates of chapter 90.58 RCW. 6. The Shoreline Restoration Element of the Shoreline Master Program, of which one printed copy in book form has heretofore been filed and is now on file in the office of the City Clerk and made available for examination by the general public, shall not be considered to contain regulations but shall be utilized as a guideline for capital improvements planning by the City and other jurisdictions undertaking ecological restoration activities within Shore- line Management Act jurisdiction. 7. The Shoreline Environment Overlay Map, of which one printed copy has heretofore been filed and is on file in the office of the City Clerk and made available for examination by the general public, and another printed copy of which is available at the Department of Com- munity and Economic Development. An elec- tronic copy may also be posted online at the City’s website www.rentonwa.gov. 4-3-090C 3 - 24.41 (Revised 9/15) B. REGULATED SHORELINES: The Renton Shoreline Master Program applies to Shorelines of the State, which include Shorelines of Statewide Significance and shorelines as de- fined in chapter 4-11 RMC and as listed below. 1. Shorelines of Statewide Significance: a. Lake Washington; b. Green River (the area within the OHWM of the Green River is not within the Renton City Limits, but portions of the two hundred foot (200') shoreline jurisdic- tion are within City limits). 2. Shorelines: a. Cedar River; b. May Creek from the intersection of May Creek and NE 31st Street in the southeast quarter of the southeast quar- ter of Section 32-24-5E WM; c. Black River; d. Springbrook Creek from the Black River on the north to SW 43rd Street on the south; e. Lake Desire (in the City’s potential annexation area at the time of adoption of the Shoreline Master Program). 3. The Jurisdictional Area Includes: a. Lands within two hundred feet (200'), as measured on a horizontal plane, from the OHWM, or lands within two hundred feet (200') from floodways, whichever is greater; b. Contiguous floodplain areas; and c. All marshes, bogs, swamps, and river deltas associated with streams, lakes, and tidal waters that are subject to the provisions of the State Shoreline Management Act. C. SHORELINES OVERLAY DISTRICTS: 1. Natural Environment Overlay District: a. Designation of the Natural Envi- ronment Overlay District: The objec- tives and criteria for the designation of this district are located in the Shoreline Management Element of the Compre- hensive Plan. b. Application: The location of this dis- trict is found on the Shoreline Environ- ment Overlay Map, see subsection A6 of this Section, and shall include that por- tion of the north bank of the Black River lying west of its confluence with Spring- brook Creek. c. Acceptable Activities and Uses: As listed in subsection E of this Section, Use Regulations. 2. Urban Conservancy Overlay District: a. Designation of the Shoreline Ur- ban Conservancy Environment Over- lay District: The objectives and criteria for the designation of this district are lo- cated in the Shoreline Management Ele- ment of the Comprehensive Plan. b. Application: The location of this dis- trict is found on the Shoreline Environ- ment Overlay Map, see subsection A6 of this Section, and shall include: • That portion of the Lake Washington shoreline within Gene Coulon Park extending from one hundred feet (100') north of the northerly end of the northernmost driveway to the northerly end of the park. • May Creek east of Lake Washington, including the open space area within the Barbee Mill site. • That portion of the south bank of the Cedar River extending from three hundred fifty feet (350') east of I-405 right-of-way to SR 169. • The Cedar River, extending from SR 169 to the easterly limit of the Urban Growth Area. 4-3-090C (Revised 9/15)3 - 24.42 • That portion of Springbrook Creek beginning from approximately SW 27th Street on the north to SW 31st Street on the south, abutting City- owned wetlands in this area, and for that portion of the west side of the creek in the vicinity of SW 38th Street abutting the City’s Wetlands Mitiga- tion Bank shall be designated con- servancy. • Per WAC 176-26-211(2)(e) all areas within shoreline jurisdiction that are not designated within the Shoreline Master Program are automatically assigned to be in the Urban Conser- vancy Overlay District until the shoreline can be redesignated through a Shoreline Master Program amendment approved by the Wash- ington State Department of Ecology. c. Acceptable Activities and Uses: As listed in subsection E of this Section, Use Regulations. 3. Single Family Residential Overlay Dis- trict: a. Designation of the Single Family Residential Overlay: The objectives and criteria for the designation of this district are located in the Shoreline Management Element of the Comprehensive Plan. b. Application: The location of this dis- trict is found on the Shoreline Environ- ment Overlay Map, see subsection A6 of this Section, and shall include those shoreline areas with residential zoning and use located on Lake Washington, the Cedar River and Lake Desire. Publicly owned park and open space areas with residential zoning shall be excluded. c. Acceptable Activities and Uses: As listed in subsection E of this Section, Use Regulations. 4. Shoreline High Intensity Overlay Dis- trict: a. Designation of the High Intensity Overlay District: The objectives and cri- teria for the designation of this district are located in the Shoreline Management El- ement of the Comprehensive Plan. b. Application: The location of this dis- trict is found on the Shoreline Environ- ment Overlay Map, see subsection A6 of this Section, and shall include: • The Commercial/Office/Residential (COR) zoning designation generally north of May Creek. • The southerly portion of Gene Cou- lon Park, generally south of and in- cluding the over-water walkway, concession areas, parking areas, boat launch areas, and the swim- ming beach. • The Urban Center (UC), and Indus- trial-Heavy zoned (IH) areas along the south shoreline of Lake Washing- ton, the Municipal Airport, and adja- cent COR designated areas. • The Cedar River from the mouth to I-405. • The north side of the Cedar River east of I-405 within areas of COR zoning designation. • Areas of Springbrook Creek not in Natural or Urban Conservancy over- lays. c. Acceptable Activities and Uses: Subject to subsection E of this Section, Use Regulations, which allows land uses in chapter 4-2 RMC in this overlay dis- trict, subject to the preference for water- dependent and water-oriented uses. Uses adjacent to the water’s edge and within buffer areas are reserved for wa- ter-oriented development, public/com- munity access, and/or ecological restoration. (Ord. 5759, 6-22-2015) 5. Shoreline High Intensity – Isolated Lands – Overlay District: a. Designation of the High Intensity – Isolated Lands – Overlay District: The objectives and criteria for the designation of this district are located in the Shoreline 4-3-090D 3 - 24.43 (Revised 9/15) Management Element of the Compre- hensive Plan. b. Application: The location of this dis- trict is found on the Shoreline Environ- ment Overlay Map, see subsection A6 of this Section, and shall include: i. Areas within shoreline jurisdiction of the Green River but isolated by the intervening railroad right-of-way. ii. Areas immediately north of the Cedar River (right bank) and north of Riverside Drive between Williams Avenue South and Bronson Way North. c. Acceptable Activities and Uses: Allowed uses are detailed in subsection E1 of this Section, Shoreline Use Table. The shoreline regulations that apply within this overlay are the land use regu- lations of Title IV, Development Regula- tions, of the Renton Municipal Code, subject to the permit and procedural re- quirements of the Shoreline Master Pro- gram. In most cases, the performance standards in this Section do not apply to development or uses in this overlay. 6. Aquatic Shoreline Overlay District: a. Designation of the Aquatic Over- lay District: The objectives and criteria for the designation of this district are lo- cated in the Shoreline Management Ele- ment of the Comprehensive Plan. b. Application: The Aquatic Overlay District is defined as the area waterward of the OHWM of all streams and rivers, all marine water bodies, and all lakes, con- stituting shorelines of the State together with their underlying lands and their wa- ter column; but do not include associated wetlands and other shorelands shore- ward of the OHWM. This designation is not found on the Shoreline Environment Map, but shall be assigned based on the description above. c. Acceptable Activities and Uses: Subject to subsection E of this Section, Use Regulations, water-dependent uses and a limited range of water-oriented uses are allowed in the Aquatic Overlay, subject to provision of shoreline ecologi- cal enhancement and public access. D. GENERAL DEVELOPMENT STANDARDS: 1. Applicability: This Section shall apply to all use and development activities within the shoreline. Items included here will not neces- sarily be repeated in subsection E of this Sec- tion, Use Regulations, and shall be used in the evaluation of all shoreline permits. Renton Municipal Code provisions in Title IV, Development Regulations, Chapter 4, City- wide Property Development Standards (chapter 4-4 RMC) contain regulations and standards governing site development of property City-wide, such as parking, land- scaping, fencing, and others. Such provisions shall apply within shoreline jurisdictions un- less there is a conflict with the standards set forth by the Shoreline Master Program. In case of conflict, the standards set forth in the Shoreline Master Program shall prevail. (Revised 9/15)3 - 24.44 This page left intentionally blank. 4-3-090D 3 - 25 (Revised 12/11) 2. Environmental Effects: a. No Net Loss of Ecological Func- tions: i. No Net Loss Required: Shoreline use and development shall be car- ried out in a manner that prevents or mitigates adverse impacts to ensure no net loss of ecological functions and processes in all development and use. Permitted uses are de- signed and conducted to minimize, in so far as practical, any resultant damage to the ecology and environ- ment (RCW 90.58.020). Shoreline ecological functions that shall be pro- tected include, but are not limited to, fish and wildlife habitat, food chain support, and water temperature maintenance. Shoreline processes that shall be protected include, but are not limited to, water flow; erosion and accretion; infiltration; groundwa- ter recharge and discharge; sedi- ment delivery, transport, and storage; large woody debris recruit- ment; organic matter input; nutrient and pathogen removal; and stream channel formation/maintenance. ii. Impact Evaluation Required: In assessing the potential for net loss of ecological functions or processes, project-specific and cumulative im- pacts shall be considered and miti- gated on- or off-site. iii. Evaluation of Mitigation Se- quencing Required: An application for any permit or approval shall dem- onstrate all reasonable efforts have been taken to provide sufficient miti- gation such that the activity does not result in net loss of ecological func- tions. Mitigation shall occur in the fol- lowing prioritized order: (a) Avoiding the adverse im- pact altogether by not taking a certain action or parts of an ac- tion, or moving the action. (b) Minimizing adverse impacts by limiting the degree or magni- tude of the action and its imple- mentation by using appropriate technology and engineering, or by taking affirmative steps to avoid or reduce adverse im- pacts. (c) Rectifying the adverse im- pact by repairing, rehabilitating, or restoring the affected environ- ment. (d) Reducing or eliminating the adverse impact over time by preservation and maintenance operations during the life of the action. (e) Compensating for the ad- verse impact by replacing, en- hancing, or providing similar substitute resources or environ- ments and monitoring the ad- verse impact and taking appropriate corrective mea- sures. b. Burden on Applicant: Applicants for permits have the burden of proving that the proposed development is consis- tent with the criteria set forth in the Shore- line Master Program and the Shoreline Management Act, including demonstrat- ing all reasonable efforts have been taken to provide sufficient mitigation such that the activity does not result in net loss of ecological functions. c. Critical Areas within Shoreline Ju- risdiction: i. Applicable Critical Area Regula- tions: The following critical areas shall be regulated in accordance with the provisions of RMC 4-3-050, Criti- cal Area Regulations, adopted by ref- erence except for the provisions excluded in subsection D2cii of this Section. Said provisions shall apply to any use, alteration, or develop- ment within shoreline jurisdiction whether or not a shoreline permit or written statement of exemption is re- quired. Unless otherwise stated, no development shall be constructed, located, extended, modified, con- verted, or altered, or land divided 4-3-090D (Revised 12/11)3 - 26 without full compliance with the pro- vision adopted by reference and the Shoreline Master Program. Within shoreline jurisdiction, the regulations of RMC 4-3-050 shall be liberally construed together with the Shore- line Master Program to give full effect to the objectives and purposes of the provisions of the Shoreline Master Program and the Shoreline Manage- ment Act. If there is a conflict or in- consistency between any of the adopted provisions below and the Shoreline Master Program, the most restrictive provisions shall prevail. (a) Aquifer protection areas. (b) Areas of special flood haz- ard. (c) Sensitive slopes, twenty five percent (25%) to forty per- cent (40%), and protected slopes, forty percent (40%) or greater. (d) Landslide hazard areas. (e) High erosion hazards. (f) High seismic hazards. (g) Coal mine hazards. (h) Fish and wildlife habitat conservation areas: Critical hab- itats. (i) Fish and wildlife habitat conservation areas: Streams and Lakes: Classes 2 through 5 only. ii. Inapplicable Critical Area Regu- lations: The following provisions of RMC 4-3-050, Critical Area Regula- tions, shall not apply within shoreline jurisdiction: (a) RMC 4-3-050N, Alternates, Modifications and Variances, subsections N1, Alternates, and N3, Variances, and (b) RMC 4-9-250, Variances, Waivers, Modifications and Alter- natives. (c) Wetlands, including shore- line associated wetlands, unless specified below. iii. Critical Area Regulations for Class 1 Fish Habitat Conservation Areas: Environments designated as Natural or Urban Conservancy shall be considered Class 1 Fish Habitat Conservation Areas. Regulations for fish habitat conservation areas Class 1 Streams and Lakes are contained within the development standards and use standards of the Shoreline Master Program, including but not limited to subsection F1 of this Sec- tion, Vegetation Conservation, which establishes vegetated buffers adja- cent to water bodies and specific pro- visions for use and for shoreline modification in subsections E and F of this Section. There shall be no modification of the required setback and buffer for non-water-dependent uses in Class 1 Fish Habitat Conser- vation areas without an approved Shoreline Conditional Use Permit. iv. Alternate Mitigation Ap- proaches: To provide for flexibility in the administration of the ecological protection provisions of the Shoreline Master Program, alternative mitiga- tion approaches may be applied for as provided in RMC 4-3-050N2, Modifications. Modifications within shoreline jurisdiction may be ap- proved for those critical areas regu- lated by that Section as a Shoreline Conditional Use Permit where such approaches provide increased pro- tection of shoreline ecological func- tions and processes over the standard provisions of the Shoreline Master Program and are scientifically supported by specific studies per- formed by qualified professionals. 4-3-090D 3 - 27 (Revised 12/11) d. Wetlands within Shoreline Juris- diction: i. Wetland Identification: Wetlands shall be identified in accordance with the requirements of RCW 36.70A.175 and 90.58.380. Unless otherwise provided for in this Chap- ter, all areas within the City meeting the criteria in the Washington State Wetland Identification and Delinea- tion Manual (Ecology Publication No. 96-94), regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this Chapter. ii. Wetland Rating System: Wet- lands shall be rated based on cate- gories that reflect the functions and values of each wetland. Wetland cat- egories shall be based on the criteria provided in the Washington State Wetland Rating System for Western Washington, revised August 2004 (Ecology Publication No. 04-06-025). These categories are generally de- fined as follows: (a) Category I Wetlands: Cate- gory I wetlands are those wet- lands of exceptional value in terms of protecting water quality, storing flood and stormwater, and/or providing habitat for wild- life as indicated by a rating sys- tem score of seventy (70) points or more. These are wetland com- munities of infrequent occur- rence that often provide documented habitat for critical, threatened or endangered spe- cies, and/or have other attributes that are very difficult or impossi- ble to replace if altered. (b) Category II Wetlands: Cate- gory II wetlands have significant value based on their function as indicated by a rating system score of between fifty one (51) and sixty nine (69) points. They do not meet the criteria for Cate- gory I rating but occur infre- quently and have qualities that are difficult to replace if altered. (c) Category III Wetlands: Cat- egory III wetlands have impor- tant resource value as indicated by a rating system score of be- tween thirty (30) and fifty (50) points. (d) Category IV Wetlands: Cat- egory IV wetlands are wetlands of limited resource value as indi- cated by a rating system score of less than thirty (30) points. They typically have vegetation of simi- lar age and class, lack special habitat features, and/or are iso- lated or disconnected from other aquatic systems or high quality upland habitats. iii. Wetland Review and Reporting Requirements: A wetland assess- ment study shall be required. iv. Wetland Buffers: (a) Buffer Required: Wetland buffer zones shall be required for all regulated activities adjacent to regulated wetlands. Any wet- land created, restored or en- hanced as compensation for approved wetland alterations shall also include the standard buffer required for the category of the created, restored or en- hanced wetland. All buffers shall be measured from the wetland boundary as surveyed in the field. Buffers shall not include ar- eas that are functionally and ef- fectively disconnected from the wetland by a permanent road or other substantially developed surface of sufficient width and with use characteristics such that buffer functions are not provided and that cannot be feasibly re- moved, relocated or restored to provide buffer functions. (b) Buffer May Be Increased: The buffer standards required by this Chapter presume the exist- ence of a dense vegetation com- munity in the buffer adequate to protect the wetland functions and 4-3-090D (Revised 12/11)3 - 28 values. When a buffer lacks ade- quate vegetation, the Adminis- trator of the Department of Community and Economic De- velopment or designee may in- crease the standard buffer, require buffer planting or en- hancement, and/or deny a pro- posal for buffer reduction or buffer averaging. (c) Minimum Buffer Width: (d) Buffer Requirements for Wetland Mitigation Banks: Where wetland mitigation sites or wetland banks have been ap- proved, required buffers shall be as specified in the mitigation site or wetland bank approval. (e) Increased Buffer for Steep Slopes: Where lands within the wetland buffer have an average continuous slope of twenty per- cent (20%) to thirty five percent (35%), and the required buffer width is less than one hundred feet (100'), the buffer shall ex- tend to a thirty percent (30%) greater dimension. In all cases, where slopes within the buffers exceed thirty five percent (35%), the buffer shall extend twenty five feet (25') beyond the top of the bank of the sloping area or to the end of the buffer associated with a geological hazard if one is present, whichever is greater. v. Provisions for Small Isolated Wetlands: All wetlands shall be regu- lated regardless of size; provided, that the Administrator of the Depart- ment of Community and Economic Development or designee shall as- sure that preservation of isolated wetlands and associated buffers of less than ten thousand (10,000) square feet of combined wetland and buffer shall maintain effective wet- land functions, or be mitigated as provided below. (a) Wetlands and associated buffers of one thousand (1,000) square feet or less may be dis- placed when the wetland meets all of the following criteria, as documented in a wetland mitiga- tion plan: (1) The wetland is not associ- ated with a riparian corridor; (2) The wetland is not part of a wetland mosaic, or collection of small wetlands that are hydrolog- ically related to one another; (3) The wetland does not con- tain habitat identified as essen- tial for local populations of priority species identified by Washington Department of Fish and Wildlife; (4) Impacts of displaced wet- lands are mitigated pursuant to subsection D2dx of this Section. (b) Category III and IV wetlands and buffers between one thou- sand (1,000) and four thousand (4,000) square feet may be dis- Wetland Category Low Wildlife Function (less than 20 points) Moderate Wildlife Function (20 – 28 points) High Wildlife Function (29 or more points) Buffer Width (feet) Category IV 50 50 50 1 Category III 75 125 150 1 Category II 100 150 225 Category I 125 150 225 1. Habitat scores over 26 points would be very rare for Category III wetlands and almost impossible for Category IV wetlands that have a total rating of 30 or less. 4-3-090D 3 - 29 (Revised 12/11) placed; provided, that all of the following criteria are documented in a wetland mitigation plan: (1) The wetland does not score twenty (20) points or greater for habitat in the 2004 Western Washington Rating System; (2) The wetland is depressional and is recharged only by precipi- tation, interflow or groundwater and adjacent development can- not assure a source of recharge to maintain its hydrologic charac- ter through stormwater infiltra- tion, or other means; (3) The wetlands does not have a potential to reduce flood- ing or erosion or has the poten- tial to maintain or improve water quality as evidenced by a score of at least ten (10) points on the applicable criteria of the Wetland Rating Form for Western Wash- ington; (4) The total area of the com- bined wetland and buffer is ten thousand (10,000) square feet or less and: (A) It does not achieve a score of at least twenty (20) points on the Habitat Functions criteria of the Wetland Rating Form for Western Washington; and (B) The wetland and buffer is not connected to a larger open space complex which may in- clude, but is not limited to, a stream buffer, a buffer associ- ated with a geological hazard, or other designated open space buffer sufficient to allow move- ment of terrestrial wildlife to and from the wetland and buffer com- plex without interruption by roads, paved areas or buildings within fifty feet (50'); (5) Impacts of displaced wet- lands are mitigated pursuant to subsection D2dx of this Section. vi. Wetland Buffer Averaging: The Administrator of the Department of Community and Economic Develop- ment or designee may average wet- land buffer widths on a case-by-case basis when the applicant demon- strates through a wetland study to the satisfaction of the Administrator of the Department of Community and Economic Development or designee that all the following criteria are met: (a) The wetland has significant differences in characteristics that affect its habitat functions, such as a wetland with a forested component adjacent to a de- graded emergent component or a “dual-rated” wetland with a Category I area adjacent to a lower rated area; (b) The buffer is increased ad- jacent to the higher-functioning area of habitat or more sensitive portion of the wetland and de- creased adjacent to the lower functioning or less sensitive por- tion; (c) The total area of the buffer after averaging is equal to the area required without averaging and all increases in buffer dimen- sion for averaging are generally parallel to the wetland edge; (d) The buffer at its narrowest point is never less than three quarters (3/4) of the required width. vii. Reasonable Use: Wetland buffer averaging to allow reasonable use of a parcel may be permitted when all of the following are met: (a) There are no feasible alter- natives to the site design that could be accomplished without buffer averaging; (b) The averaged buffer will not result in degradation of the wet- land’s functions and values as 4-3-090D (Revised 12/11)3 - 30 demonstrated by a wetland as- sessment study; (c) The total buffer area after averaging is equal to the area re- quired without averaging and all increases in buffer dimension for averaging are generally parallel to the wetland edge; (d) The buffer at its narrowest point is never less than three quarters (3/4) of the required width except where the Adminis- trator of the Department of Com- munity and Economic Develop- ment or designee finds that there is an existing feature such as a roadway that limits buffer dimen- sion, or an essential element of a proposed development such as access that must be accommo- dated for reasonable use and re- quires a smaller buffer. viii. Wetland Buffer Increase Al- lowed: The Administrator of the De- partment of Community and Economic Development or designee may increase the width of the stan- dard buffer width on a case-by-case basis, based on a critical area study, when a larger buffer is required to protect critical habitats as outlined in RMC 4-3-050K, or such increase is necessary to: (a) Protect the function and value of that wetland from prox- imity impacts of adjacent land use, including noise, light and other disturbance, not sufficiently limited by buffers provided above; (b) To maintain viable popula- tions of priority species of fish and wildlife; or (c) Protect wetlands or other critical areas from landslides, erosion or other hazards. ix. Allowed activities in wetlands and buffers: The following uses and activities may be allowed in wetlands or buffer areas by the Administrator of the Department of Community and Economic Development or designee subject to the priorities, protection, and mitigation requirements of this Section: (a) Utilities: Utility lines and fa- cilities providing local delivery service, not including facilities such as electrical substations, water and sewage pumping sta- tions, water storage tanks, petro- leum products pipelines and not including transformers or other facilities containing hazardous substances, may be located in Category I, II, III, and IV wetlands and their buffers and/or Category I wetland buffers if the following criteria are met: (1) There is no reasonable lo- cation or route outside the wet- land or wetland buffer based on analysis of system needs, avail- able technology and alternative routes. Location within a wetland buffer shall be preferred over a location within a wetland; (2) The utility line is located as far from the wetland edge as possible and in a manner that minimizes disturbance of soils and vegetation; (3) Clearing, grading, and ex- cavation activities are limited to the minimum necessary to install the utility line, which may include boring, and the area is restored following utility installation; (4) Buried utility lines shall be constructed in a manner that pre- vents adverse impacts to subsur- face drainage. This may include the use of trench plugs or other devices as needed to maintain hydrology; (5) Impacts on wetland func- tions are mitigated in accordance with subsection D2dx of this Sec- tion. 4-3-090D 3 - 31 (Revised 12/11) (b) Roadways, Railways, and Bridges: Public and private road- ways and railroad facilities, in- cluding bridge construction and culvert installation, if the follow- ing criteria are met: (1) There is no reasonable lo- cation or route outside the wet- land or wetland buffer based on analysis of system needs, avail- able technology and alternative routes. Location within a wetland buffer shall be preferred over a location within a wetland; (2) Facilities parallel to the wet- land edge are located as far from the wetland edge as possible and in a manner that minimizes dis- turbance of soils and vegetation; (3) Clearing, grading, and ex- cavation activities are limited to the minimum necessary, which may include placement on ele- vated structures as an alterna- tive to fill, where feasible; (4) Impacts on wetland func- tions are mitigated in accordance with subsection D2dx of this Sec- tion. (c) Access to Private Develop- ment Sites: Access to private de- velopment sites may be permitted to cross Category II, III, or IV wetlands or their buffers, pursuant to the criteria in sub- section D2ix(b) of this Section; provided, that alternative access shall be pursued to the maximum extent feasible, including through the provisions of chapter 8.24 RCW. Exceptions or devia- tions from technical standards for width or other dimensions, and specific construction stan- dards to minimize impacts may be specified, including place- ment on elevated structures as an alternative to fill, if feasible. (d) Existing Facilities: Mainte- nance, repair, or operation of ex- isting structures, facilities, or improved areas, including minor modification of existing service- able structures within a buffer zone where modification does not adversely impact wetland functions, and subject to the pro- visions for nonconforming use and facilities in chapter 4-10 RMC. (e) Stormwater Facilities: Stormwater conveyance or dis- charge facilities such as disper- sion trenches, level spreaders, and outfalls may be permitted within a Category I, II, III, or IV wetland buffer on a case-by-case basis if the following are met: (1) Due to topographic or other physical constraints, there are no feasible locations for these facili- ties to discharge to surface water through existing systems or out- side the buffer. Locations and designs that infiltrate water shall be preferred over a design that crosses the buffer; (2) The discharge is located as far from the wetland edge as possible and in a manner that minimizes disturbance of soils and vegetation and avoids long- term rill or channel erosion. (f) Recreational or Educational Activities: Outdoor recreational or educational activities which do not significantly affect the func- tion of the wetland or regulated buffer (including wildlife manage- ment or viewing structures, out- door scientific or interpretive facilities, trails, hunting blinds, etc.) may be permitted within Category II, III, or IV wetlands or their buffers and within a Cate- gory I wetland buffer if the follow- ing criteria are met: (1) Trails shall not exceed four feet (4') in width and shall be sur- faced with gravel or pervious ma- terial, including boardwalks; 4-3-090D (Revised 12/11)3 - 32 (2) The trail or facility is located in the outer fifty percent (50%) of the buffer area unless a location closer to the wetland edge or within the wetland is required for interpretive purposes; (3) The trail or facility is con- structed and maintained in a manner that minimizes distur- bance of the wetland or buffer. Trails or facilities within wetlands shall be placed on an elevated structure as an alternative to fill; (4) Wetland mitigation in accor- dance with subsection D2dx of this Section. x. Wetland Mitigation Require- ments: Activities that adversely affect wetlands and/or wetland buffers shall include mitigation sufficient to achieve no net loss of wetland func- tion and values in accordance with subsection D7 of this Section and this subsection. Compensatory miti- gation shall be provided for all wet- land alteration and shall re-establish, create, rehabilitate, enhance, and/or preserve equivalent wetland func- tions and values. (a) Preferred Mitigation Se- quence: Mitigation sequencing shall take place in the prioritized order provided for in subsection D2aiii of this Section. (b) Consistency with Policies and Publications Required: Wet- land mitigation requirements shall be consistent with the appli- cable standards for studies and assessment in Chapter 6 of: Washington State Department of Ecology, U.S. Army Corps of En- gineers Seattle District, and U.S. Environmental Protection Agency Region 10, March 2006; Wetland Mitigation in Washing- ton State – Part 1: Agency Poli- cies and Guidance (Version 1); and Washington State Depart- ment of Ecology Publication No. 06-06-011a, Olympia, WA, ex- cept in cases when this Code provides differing standards. (c) Wetland alterations: Com- pensation for wetland alterations shall occur in the following order of preference: (1) Re-establishing wetlands on upland sites that were for- merly wetlands. (2) Rehabilitating wetlands for the purposes of repairing or re- storing natural and/or historic functions. (3) Creating wetlands on dis- turbed upland sites such as those consisting primarily of non- native, invasive plant species. (4) Enhancing significantly de- graded wetlands. (5) Preserving Category I or II wetlands that are under imminent threat; provided, that preserva- tion shall only be allowed in com- bination with other forms of mitigation and when the Adminis- trator of the Department of Com- munity and Economic Development or designee deter- mines that the overall mitigation package fully replaces the func- tions and values lost due to de- velopment. (d) Mitigation Ratios for Wet- land Impacts: Compensatory mitigation for wetland alterations shall be based on the wetland category and the type of mitiga- tion activity proposed. The re- placement ratio shall be determined according to the ra- tios provided in the table below. The created, re-established, re- habilitated, or enhanced wetland area shall at a minimum provide a level of function equivalent to the wetland being altered and shall be located in an appropriate landscape setting. 4-3-090D 3 - 33 (Revised 12/11) (e) Mitigation Ratio for Wetland Buffer Impacts: Compensation for wetland buffer impacts shall occur at a minimum 1:1 ratio. Compensatory mitigation for buffer impacts shall include en- hancement of degraded buffers by planting native species, re- moving structures and impervi- ous surfaces within buffers, and other measures. (f) Special Requirements for Mitigation Banks: Mitigation banks shall not be subject to the replacement ratios outlined in the replacement ratio table above, but shall be determined as part of the mitigation banking agreement and certification pro- cess. (g) Buffer Requirements for Replacement Wetlands: Re- placement wetlands established pursuant to these mitigation pro- visions shall have adequate buff- ers to ensure their protection and sustainability. The buffer shall be based on the category in subsec- tion D2dii of this Section; pro- vided, that the Administrator of the Department of Community and Economic Development or designee shall have the authority to approve a smaller buffer when existing site constraints (such as a road) prohibit attainment of the standard buffer. (h) Adjustment of Ratios: The Administrator of the Department of Community and Economic De- velopment or designee shall have the authority to adjust these ratios when a combination of mit- igation approaches is proposed. In such cases, the area of altered wetland shall be replaced at a 1:1 ratio through re-establish- ment or creation, and the re- mainder of the area needed to meet the ratio can be replaced by enhancement at a 2:1 ratio. For example, impacts to one acre of a Category II wetland re- quiring a 3:1 ratio for creation can be compensated by creating one acre and enhancing four (4) acres (instead of the additional two (2) acres of creation that would otherwise be required). (i) Location: Compensatory mitigation shall be provided on- site or off-site in the location that will provide the greatest ecologi- cal benefit and have the greatest likelihood of success; provided, that mitigation occurs as close as possible to the impact area and within the same watershed sub- basin as the permitted alteration. (j) Protection: All mitigation ar- eas whether on- or off-site shall be permanently protected and managed to prevent degradation and ensure protection of critical area functions and values into perpetuity. Permanent protection shall be achieved through deed restriction or other protective covenant in accordance with RMC 4-3-050E4. Wetland Mitigation Type and Replacement Ratio* Wetland Category Creation Re-establishment Rehabilitation Enhancement Only Category IV 1.5:1 1.5:1 2:1 3:1 Category III 2:1 2.1 3:1 4:1 Category II 3:1 3.1 4:1 6:1 Category I 6:1 6:1 8:1 Not allowed *Ratio is the replacement area: impact area. 4-3-090D (Revised 12/11)3 - 34 (k) Timing: Mitigation activities shall be timed to occur in the ap- propriate season based on weather and moisture conditions and shall occur as soon as pos- sible after the permitted alter- ation. (l) Wetland Mitigation Plans Required: Wetland mitigation plans shall be prepared in accor- dance with RMC 4-3-050M16. All compensatory mitigation projects shall be monitored for a period necessary to establish that performance standards have been met, but generally not for a period less than five (5) years. Reports shall be submit- ted quarterly for the first year and annually for the next five (5) years following construction and subsequent reporting shall be re- quired if applicable to document milestones, successes, prob- lems, and contingency actions of the compensatory mitigation. The Administrator of the Depart- ment of Community and Eco- nomic Development or designee shall have the authority to modify or extend the monitoring period and require additional monitoring reports for up to ten (10) years when any of the following condi- tions apply: (1) The project does not meet the performance standards iden- tified in the mitigation plan; (2) The project does not pro- vide adequate replacement for the functions and values of the impacted critical area; (3) The project involves estab- lishment of forested plant com- munities, which require longer time for establishment. xi. Development Standards Near Wetlands: Development standards for adjacent development shall mini- mize adverse effects on the wetland, and shall include: (a) Subdivision of land shall as- sure that each lot has sufficient building area outside wetlands and buffers. Lots in subdivisions shall be oriented whenever feasi- ble to provide a rear yard of at least twenty feet (20') between the buffer area and buildings; (b) Fencing shall be provided at the perimeter of residential de- velopment to limit domestic ani- mal entry into wetlands and buffer areas; (c) Activities that generate noise shall be located as far from the wetland and buffer as feasi- ble. Roads, driveways, parking lots and loading areas, mechani- cal or ventilating equipment shall be located on sides of buildings away from the wetland, or sepa- rated by noise attenuating walls; (d) Light penetration into buffer areas and wetlands shall be lim- ited by locating areas requiring exterior lighting away from the wetland boundary, or limiting light mounting heights to a maxi- mum of four feet (4'). Windows that will be lit at night should be minimized on the side of build- ings facing wetlands and buffers, or screened as provided below; (e) Runoff should be routed to infiltration systems, to the maxi- mum extent feasible, to provide groundwater interflow recharge to wetlands and/or water bodies and to limit overland flow and erosion; (f) Surface or piped stormwater should be routed to existing con- veyances or to other areas, wherever hydraulic gradients al- low. Where stormwater is routed to wetlands, system design shall assure that erosion and sedi- mentation will be avoided to the maximum extent feasible; 4-3-090D 3 - 35 (Revised 12/11) (g) To prevent channelized flow from lawns and other land- scaped areas from entering the buffer, and to prevent washing of fertilizers, herbicides and pesti- cides into the buffer, if slopes ad- jacent to the buffer exceed fifteen percent (15%), a ten feet (10') wide swale to intercept runoff or other effective interception facil- ity approved by the Administrator of the Department of Community and Economic Development or designee shall be provided at the edge of the buffer; (h) Adopt and implement an in- tegrated pest management sys- tem including limiting use of fertilizers, herbicides and pesti- cides within twenty five feet (25') of the buffer. xii. Vegetation Management Plan Required: In order to maintain effec- tive buffer conditions and functions, a vegetation management plan shall be required for all buffer areas, to in- clude: (a) Maintaining adequate cover of native vegetation including trees and understory; if existing tree cover is less than a density of twenty (20) trees per acre, planting shall be required con- sisting of seedlings at a density of three hundred (300) stems per acre or the equivalent; (b) Providing a dense screen of native evergreen trees at the pe- rimeter of the buffer if existing vegetation is not sufficient to pre- vent viewing adjacent develop- ment from within the buffer. Planting shall be required equiv- alent to two (2) rows of three feet (3') high stock of native ever- greens at a triangular spacing of fifteen feet (15'), or three (3) rows of gallon containers at a triangu- lar spacing of eight feet (8'). Fencing may be required if needed to block headlights or other sources of light or to pro- vide an immediate effective vi- sual screen; (c) Providing a plan for control of invasive weeds, and removal of existing invasive species; (d) Providing for a monitoring and maintenance plan for a pe- riod of at least five (5) years, ex- cept this provision may be waived for single family residen- tial lots at the discretion of the Administrator of the Department of Community and Economic De- velopment or designee. e. Development Standards for Aquatic Habitat: i. Stormwater Requirements: De- velopment shall provide stormwater management facilities including wa- ter quality treatment designed, con- structed, and maintained in accordance with the current storm- water management standards. Water quality treatment facilities shall be provided for moderate alteration of nonconforming structures, uses and sites as provided for in RMC 4-10-095. ii. Erosion and Sediment Control Requirements: Best management practices for control of erosion and sedimentation shall be implemented for all development in shorelines through approved temporary erosion and sediment control plan, or admin- istrative conditions. iii. Lighting Requirements: Night- time lighting shall be designed to avoid or minimize interference with aquatic life cycles through avoidance of light sources that shine directly onto the water. Exterior lighting fix- tures shall include full cut off devices such that glare or direct illumination does not extend into water bodies. Lighting shall include timers or other switches to ensure that lights are ex- tinguished when not in use. 4-3-090D (Revised 12/11)3 - 36 3. Use Compatibility and Aesthetic Ef- fects: a. General: Shoreline use and devel- opment activities shall be designed and operated to allow the public’s visual ac- cess to the water and shoreline and maintain shoreline scenic and aesthetic qualities that are derived from natural features, such as shoreforms and vege- tative cover. b. View Obstruction and Visual Qual- ity: The following standards and criteria shall apply to developments and uses within the jurisdiction of the Shoreline Master Program: i. View Corridors Required: Where commercial, industrial, multiple use, multi-family and/or multi-lot develop- ments are proposed, primary struc- tures shall provide for view corridors between buildings where views of the shoreline are available from pub- lic right-of-way or trails. ii. Maximum Building Height: Build- ings shall be limited to a height of no more than thirty five feet (35') above average finished grade level except at specific locations specified in Ta- ble 4-3-090D7a, Shoreline Bulk Standards. iii. Minimum Setbacks for Commer- cial Development Adjacent to Resi- dential or Park Uses: All new or expanded commercial development adjacent to residential use and public parks shall provide fifteen feet (15') setbacks from adjacent properties to attenuate proximity impacts such as noise, light and glare, and may ad- dress scale and aesthetic impacts. Fencing or landscape areas may be required to provide a visual screen. iv. Lighting Requirements: Display and other exterior lighting shall be designed and operated so as to pre- vent glare, to avoid illuminating nearby properties used for noncom- mercial purposes, and to prevent hazards for public traffic. Methods of controlling spillover light include, but are not limited to, limits on the height of light structure, limits on light levels of fixtures, light shields, and screen- ing. v. Reflected Lights to Be Limited: Building surfaces on or adjacent to the water shall employ materials that limit reflected light. vi. Integration and Screening of Mechanical Equipment: Building me- chanical equipment shall be incorpo- rated into building architectural features, such as pitched roofs, to the maximum extent feasible. Where mechanical equipment cannot be in- corporated into architectural fea- tures, a visual screen shall be provided consistent with building ex- terior materials that obstructs views of such equipment. vii. Visual Prominence of Free- standing Structures to Be Minimized: Facilities not incorporated into build- ings including fences, piers, poles, wires, lights, and other freestanding structures shall be designed to mini- mize visual prominence. viii. Maximum Stair and Walkway Width: Stairs and walkways located within shoreline vegetated buffers shall not exceed four feet (4') in width; provided, that where ADA re- quirements apply, such facilities may be increased to six feet (6') in width. Stairways shall conform to the exist- ing topography to the extent feasible. ix. Other Design Standards: Any other design standards included in community plans or regulations adopted by the City shall be incorpo- rated. c. Community Disturbances: Noise, odors, night lighting, water and land traf- fic, and other structures and activities shall be considered in the design plans and their impacts avoided or mitigated. d. Design Requirements: Architec- tural styles, exterior designs, landscaping patterns, and other aspects of the overall 4-3-090D 3 - 37 (Revised 12/11) design of a site shall be in conformance with urban design and other standards contained in RMC 4-3-100, Urban Design Regulations, and other applicable provi- sions of RMC Title IV, Development Reg- ulations, as well as specific policies and standards of the Shoreline Master Pro- gram. e. Screening Required: The stan- dards in RMC 4-4-095 concerning screening of mechanical equipment and outdoor service and storage areas shall apply within shorelines with the additional criteria that the provisions for bringing structures or sites into conformance shall occur for minor alteration or renovation as provided in RMC 4-9-190. 4. Public Access: a. Physical or Visual Access Re- quired for New Development: Physical or visual access to shorelines shall be in- corporated in all new development when the development would either generate a demand for one or more forms of such access, would impair existing legal ac- cess opportunities or rights, or is required to meet the specific policies and regula- tions of the Shoreline Master Program. A coordinated program for public access for specified shoreline reaches is estab- lished in the Comprehensive Plan, Shoreline Policy SH-31 Table of Public Access Objectives by Reach Element, Policy SH-31 with provisions for public access, including off-site facilities desig- nated in the table Public Access Require- ments by Reach in subsection D4f of this Section. b. Public Access Required: Public ac- cess shall be provided for the following development, subject to the criteria in subsection D4d of this Section. i. Water-dependent uses and de- velopments that increase public use of the shorelines and public aquatic lands, or that would impair existing legal access opportunities, or that utilize public harbor lands or aquatic lands, or that are developed with public funding or other public re- sources. ii. Non-water-dependent develop- ment and uses shall provide commu- nity and/or public access consistent with the specific use standards in subsection E of this Section, Use Regulations, unless ecological resto- ration is provided. iii. Developments of more than ten (10) single family residential lots or single family dwelling units, including subdivision, within a proposal or a contiguously owned parcel are re- quired to provide public access. De- velopments of more than four (4) but less than ten (10) single family resi- dential lots or single family dwelling units, including subdivision, within a proposal or a contiguously owned parcel are required to provide com- munity access. iv. Development of any non-single- family residential development or use consistent with the specific use standards in subsection E9 of this Section, Residential Development. v. Any use of public aquatic lands, except as related to single family res- idential use of the shoreline, includ- ing docks accessory to single family residential use. vi. Publicly financed or subsidized flood control or shoreline stabilization shall not restrict public access to the shoreline and shall include provi- sions for new public access to the maximum extent feasible. vii. Public access provided by shoreline street ends, public utilities, and rights-of-way shall not be dimin- ished by any public or private devel- opment or use (RCW 35.79.035 and RCW 36.87.130). c. Criteria for Modification of Public Access Requirements: The require- ments for public access may be modified as a shoreline conditional use for any ap- plication in which the following criteria are demonstrated to be met in addition to the general criteria for a Shoreline Condi- tional Use Permit. In cases where a Sub- 4-3-090D (Revised 12/11)3 - 38 stantial Development Permit is not required, use of this waiver or modifica- tion may take place only through a shore- line variance. It is the responsibility of the applicant to demonstrate that the criteria are met. As a condition of modification of access requirements, contribution to an off-site public access site shall be re- quired. i. Unavoidable health or safety haz- ards to the public exist that cannot be prevented by any practical means. ii. Inherent security requirements of the use cannot be satisfied through the application of alternative design features or other solutions. iii. The cost of providing the ac- cess, or mitigating the impacts of public access, is unreasonably dis- proportionate to the total long-term development and operational cost over the life-span of the proposed de- velopment. iv. Significant environmental im- pacts will result from the public ac- cess that cannot be mitigated. v. Significant undue and unavoid- able conflict between any access provisions and the proposed use and/or adjacent uses would occur and cannot be mitigated. vi. Prior to determining that public access is not required, all reasonable alternatives must be pursued, includ- ing but not limited to: (a) Regulating access by such means as maintaining a gate and/or limiting hours of use; (b) Designing separation of uses and activities (e.g., fences, terracing, use of one-way glaz- ing, hedges, landscaping, etc.); and (c) Providing for specific facili- ties for public visual access, in- cluding viewing platforms that may be physically separated from the water’s edge, but only if access adjacent to the water is precluded. d. Design Criteria for Public Access Sites: Public access shall incorporate the following location and design criteria: i. Walkways or Trails Required in Vegetated Open Space: Public ac- cess on sites where vegetated open space is provided along the shoreline shall consist of a public pedestrian walkway parallel to the OHWM of the property. The walkway shall be buff- ered from sensitive ecological fea- tures, may be set back from the water’s edge, and may provide lim- ited and controlled access to sensi- tive features and the water’s edge where appropriate. Fencing may be provided to control damage to plants and other sensitive ecological fea- tures and where appropriate. Trails shall be constructed of permeable materials and limited to four feet (4') to six feet (6') in width to reduce im- pacts to ecologically sensitive re- sources. ii. Access Requirements for Sites Without Vegetated Open Space: Public access on sites or portions of sites not including vegetated open space shall be not less than ten per- cent (10%) of the developed area within shoreline jurisdiction or three thousand (3,000) square feet, which- ever is greater, on developments in- cluding non-water-dependent uses. For water-dependent uses, the amount and location may be varied in accordance with the criteria in sub- section F3 of this Section. Public ac- cess facilities shall extend along the entire water frontage, unless such fa- cilities interfere with the functions of water-dependent uses. The mini- mum width of public access facilities shall be ten feet (10') and shall be constructed of materials consistent with the design of the development; provided, that facilities addressed in the Renton Bicycle and Trails Master Plan shall be developed in accor- dance with the standards of that plan. 4-3-090D 3 - 39 (Revised 12/11) iii. Access Requirements for Over- Water Structures: Public access on over-water structures on public aquatic lands, except for docks serv- ing a single family residence, shall be provided and may include common use of walkway areas. Moorage facil- ities serving five (5) or more vessels shall provide a publicly accessible area of at least ten feet (10') at or near the end of the structure. Public marinas serving twenty (20) or more vessels may restrict access to spe- cific moorage areas for security pur- poses as long as an area of at least ten percent (10%) of the over-water structure is available for public ac- cess and an area of at least twenty (20) square feet is provided at or near the end of the structure. Public access areas may be used in com- mon by other users, but may not in- clude adjacent moorage that obstructs public access to the edge of the water or obstructs views of the water. iv. Resolution of Different Stan- dards: Where City trail or transporta- tion plans and development standards specify dimensions that differ from those in subsections D4di, D4dii, or D4diii of this Section, the standard that best serves public ac- cess, while recognizing constraints of protection and enhancement of ecological functions, shall prevail. v. Access Requirements Deter- mined by Reach: A coordinated pro- gram for public access for specified shoreline reaches is established in the Comprehensive Plan, Shoreline Management Element, Policy SH-31 Table of Public Access Objectives by Reach and in subsection D4f of this Section, Table of Public Access Re- quirements by Reach: (a) The City shall utilize the reach policies for public access as guidance in applying these provisions to individual develop- ment sites. (b) The City shall utilize the reach policies for public access as guidance in planning and im- plementing public projects. vi. Fund for Off-Site Public Access: The City shall provide a fund for off- site public access and may assess charges to new development that do not meet all or part of their public ac- cess requirements. Such a fund and charges may be part of or coordi- nated with park impact fees. Off-site public access shall be developed in accordance with the reach policies for public access. e. Public Access Development Stan- dards: Public access facilities shall in- corporate the following design and other features: i. Relation to Other Facilities: (a) Preferred Location: Public access shall be located adjacent to other public areas, accesses, and connecting trails, connected to the nearest public street, and include provisions for handi- capped and physically impaired persons, where feasible. (b) Parking Requirements: Where public access is within four hundred feet (400') of a pub- lic street, on-street public parking shall be provided, where feasi- ble. For private developments re- quired to provide more than twenty (20) parking spaces, pub- lic parking may be required in ad- dition to the required parking for the development at a ratio of one space per one thousand (1,000) square feet of public access area up to three (3) spaces and at one space per five thousand (5,000) square feet of public access area for more than three (3) spaces. Parking for public access shall include the parking spaces near- est to the public access area and may include handicapped park- ing if the public access area is handicapped accessible. 4-3-090D (Revised 12/11)3 - 40 (c) Planned Trails to Be Pro- vided: Where public trails are in- dicated on the City’s transportation, park, or other plans, construction of trails shall be provided within shoreline and non-shoreline areas of a site. ii. Design: (a) General: Design of public access shall provide the general public with opportunity to reach, touch, and enjoy the water’s edge and to view the water and the shoreline from adjacent loca- tions and shall be as close hori- zontally and vertically to the shoreline’s edge as feasible; pro- vided, that public access does not adversely affect sensitive ecological features or lead to an unmitigated reduction in ecologi- cal functions. (b) Privacy: Design shall mini- mize intrusions on privacy of ad- jacent use by avoiding locations adjacent to residential windows and/or outdoor private residential open spaces or by screening or other separation techniques. iii. Use and Maintenance: (a) Public Access Required for Occupancy: Required public ac- cess sites shall be fully devel- oped and available for public use at the time of occupancy of the use or activity or in accordance with other provisions for guaran- teeing installation through a monetary performance assur- ance. (b) Maintenance of Public Ac- cess Required: Public access fa- cilities shall be maintained over the life of the use or develop- ment. Future actions by succes- sors in interest or other parties shall not diminish the usefulness or value of required public ac- cess areas and associated im- provements. (c) Public Access Must Be Le- gally Recorded: Public access provisions on private land shall run with the land and be re- corded via a legal instrument such as an easement, or as a dedication on the face of a plat or short plat. Such legal instru- ments shall be recorded prior to the time of building occupancy or plat recordation, whichever comes first. (d) Maintenance Responsibil- ity: Maintenance of the public ac- cess facility shall be the responsibility of the owner un- less otherwise accepted by a public or nonprofit agency through a formal recorded agree- ment. (e) Hours of Access: Public ac- cess facilities shall be available to the public twenty four (24) hours per day unless an alter- nate arrangement is granted though the initial shoreline per- mitting process for the project. Changes in access hours pro- posed after initial permit ap- proval shall be processed as a shoreline conditional use. (f) Signage Required: The standard State-approved logo or other approved signs that indi- cate the public’s right of access and hours of access shall be in- stalled and maintained by the owner. Such signs shall be posted in conspicuous locations at public access sites and at the nearest connection to an off-site public right-of-way. f. Public Access Requirements by Reach: The following table identifies the performance standards for public access within the shoreline, and shall be applied if required by the use regulations or de- velopment standards of the Shoreline Master Program. 4-3-090D 3 - 40.1 (Revised 12/11)SHORELINE REACH Public Access Lake WashingtonLake Washington Reach A and BPublic access shall be provided when lots are subdivided or new nonresidential development occurs consistent with standards of this Section. Lake Washington Reach CThe potential for provision of public access from new development will occur after cleanup of the Superfund site with multi-use development, which shall include shoreline access across the entire property, with controlled access to the water’s edge, consistent with requirements for vegetation conservation and ecological restoration and provisions for water-dependent use, consistent with standards of this Section. Provision of public access from future redevelopment of the Seahawks and Barbee Mill site shall include a continuous public access trail parallel to the shoreline with controlled public access balanced with provisions for ecological restoration, as well as to shared or commercial docks, consistent with standards of this Section.Lake Washington Reach D and EPublic access shall be provided when lots are subdivided or new nonresidential development occurs consistent with standards of this Section. Lake Washington Reach F and GPublic access is one element of park functions that should be continued and incorporated in future plans and balanced with goals for recreation and improving ecologic functions. Lake Washington Reach HPublic access should continue in the future as part of multi-use development of the balance of the property consistent with standards of this Section. Development should include supporting water-oriented uses and amenities such as seating and landscaping.Lake Washington Reach IPublic access is currently not feasible on the three acres of upland State-owned aquatic lands managed by DNR. In the future, if the Boeing site is redeveloped, public access should be provided parallel to the shoreline along the entire property, consistent with standards of this Section, together with goals for ecological restoration and water-dependent and water-oriented use. Lake Washington Reach JPublic access to the Lake Waterfront is provided from the lawn area of the Will Rogers, Wiley Post Memorial Sea Plane Base and should be maintained if such access is not in conflict with the aeronautical use of the property. Lake Washington Reach KIf redevelopment of non-single-family use occurs, public access shall consist of a public pedestrian walkway parallel to the shoreline along the entire property frontage with controlled access to the water’s edge, consistent with standards of this Section and requirements for vegetation conservation and ecological restoration. Public access shall be provided when lots are subdivided consistent with standards of this Section. May CreekMay Creek AIf development occurs adjacent to the streamside, open space standards for vegetation conservation and public access shall be met consistent with standards of this Section.May Creek BAt the time of redevelopment, public access should be provided consistent with standards of this Section from a trail parallel to the water along the entire property with controlled public access to the water consistent with standards of this Section, and goals of preservation and enhancement of ecological functions. 4-3-090D (Revised 12/11)3 - 40.2May Creek C and DAt the time of development of private lands, public access should be provided consistent with standards of this Section from a trail parallel to the water consistent with trails on public land. All trail development should be set back from the water’s edge with controlled public access to the water and consistent with standards of this Section and goals of preservation and enhancement of ecological functions.Cedar RiverCedar River APublic physical access from a trail parallel to the water should be provided if the Renton Municipal Airport redevelops in the future, balanced with goals of ecological restoration.Cedar River BPublic access should generally be provided within the corridor of public lands adjacent to the river; however, adjacent private parcels not separated by public streets should provide active open space and other facilities to provide gathering places to enjoy the shoreline environment, together with water-oriented uses. Revisions to the existing trail to relocate further from the water’s edge to allow revegetation should be considered in the future as part of public park and river maintenance plans.Cedar River CPublic/community access along the waterfront should be provided as private lands on the north side of the river redevelop, considered along with the goal of restoration of ecological functions. Public or community access shall be provided when residential development occurs consistent with standards of the Shoreline Master Program. Cedar River DThe primary goal for management of this reach should be ecological enhancement. Additional public access to the water’s edge may be provided if consistent with ecological functions. Public access shall be provided when residential lots are subdivided consistent with standards of this Section. Green River Reach APublic physical access from a trail parallel to the water should be provided as private lands redevelop. Public agency actions to improve public access should include acquisition of trail rights to connect the trail system to the Green River Trail and Fort Dent Park. Expansion of public access in the Black River Riparian Forest should occur only if consistent with ecological functions.Black River/Springbrook APublic physical access from a trail parallel to the water should be provided as private lands redevelop. Expansion of public access in the Black River Riparian Forest should occur only if consistent with ecological functions. A trail system is present on the west side of the stream adjacent to the sewage treatment plant and should be retained and possibly enhanced to connect to the Lake to Sound Trail.Springbrook BEnhancement of the trail system on the WSDOT right-of-way that crosses under I-405 should be implemented as part of future highway improvements or other public agency actions.Springbrook CIf future development occurs in this area, a continuous trail system connecting to the existing trail system to the south should be planned, consistent with protection of ecological values of wetlands and streamside vegetation. Lake DesireLake Desire If the existing boat launch area is altered in the future, public access other than boating facilities should include a viewing area. There is currently no formal public access to the water at the Natural Area at the south end of the lake or the County designated Natural Area at the north end of the lake. Interpretive access should be implemented consistent with standards of this Section and goals for preservation and restoration of ecological values. Public access shall be provided when lots are subdivided or new nonresidential development occurs consistent with standards of this Section. SHORELINE REACH Public Access 4-3-090D 3 - 40.3 (Revised 12/11) 5. Building and Development Location – Shoreline Orientation: a. General: Shoreline developments shall locate the water-dependent, water- related, and water-enjoyment portions of their developments along the shoreline. Development and use shall be designed in a manner that directs land alteration to the least sensitive portions of the site to maximize vegetation conservation; mini- mize impervious surfaces and runoff; protect riparian, nearshore and wetland habitats; protect wildlife and habitats; protect archaeological, historic and cul- tural resources; and preserve aesthetic values. b. Design and Performance Stan- dards: i. Location of Development: Devel- opment and use shall be designed in a manner that directs land alteration to the least sensitive portions of the site. ii. Stream/Lake Study Required: An assessment of the existing ecologi- cal functions provided by topo- graphic, physical, and vegetation characteristics of the site shall ac- company development proposals; provided, that an individual single family residence on a parcel less than twenty thousand (20,000) square feet shall not be subject to this requirement. Such assessments shall include the following general in- formation: (a) Impacts of the proposed use/development on ecological functions with clear designation of existing and proposed routes for water flow, wildlife movement, and other features. (b) Infrastructure requirements such as parking, services, light- ing and other features, together with the effects of those infra- structure improvements on shoreline ecological functions. iii. Minimization of Site Alteration: Development shall minimize site al- teration in sites with substantial unal- tered natural features by applying the following criteria: (a) Vehicle and pedestrian cir- culation systems shall be de- signed to limit clearing, grading, and alteration of topography and natural features. (b) Impervious surfacing for parking lot/space areas shall be limited through the use of under- building parking or permeable surfaces where feasible. (c) Utilities shall share roadway and driveway corridors and rights-of-way wherever feasible. (d) Development shall be lo- cated and designed to avoid the need for structural shoreline sta- bilization over the life of the de- velopment. Exceptions may be made for the limited instances where stabilization is necessary to protect allowed uses, particu- larly water-dependent uses, where no alternative locations are available and no net loss of ecological functions will result. iv. Location for Accessory Develop- ment: Accessory development or use that does not require a shoreline lo- cation shall be located outside of shoreline jurisdiction unless such de- velopment is required to serve ap- proved water-oriented uses and/or developments or unless otherwise allowed in a High Intensity designa- tion. When sited within shoreline ju- risdiction, uses and/or developments such as parking, service buildings or areas, access roads, utilities, signs and storage of materials shall be lo- cated inland away from the land/wa- ter interface and landward of water- oriented developments and/or other approved uses unless a location closer to the water is reasonably nec- essary. 4-3-090D (Revised 12/11)3 - 40.4 v. Navigation and Recreation to Be Preserved: Shoreline uses shall not deprive other uses of reasonable ac- cess to navigable waters. Existing water-related recreation shall be pre- served. 6. Archaeological, Historical, and Cul- tural Resources: a. Detailed Cultural Assessments May Be Required: The City will work with tribal, State, Federal, and other local governments as appropriate to identify significant local historical, cultural, and archaeological sites in observance of ap- plicable State and Federal laws protect- ing such information from general public disclosure. Detailed cultural assess- ments may be required in areas with un- documented resources based on the probability of the presence of cultural re- sources. b. Coordination Encouraged: Own- ers of property containing identified or probable historical, cultural, or archaeo- logical sites are encouraged to coordi- nate well in advance of application for development to assure that appropriate agencies such as the Washington State Department of Archaeology and Historic Preservation, affected tribes, and historic preservation groups have ample time to assess the site and identify the potential for cultural resources. c. Detailed Cultural Assessments Required: Upon receipt of application for a development in an area of known or probable cultural resources, the City shall require a site assessment by a qualified professional archaeologist or historic preservation professional and ensure re- view by qualified parties including the Washington State Department of Archae- ology and Historic Preservation, affected tribes, and historic preservation groups. d. Work to Stop Upon Discovery: If historical, cultural, or archaeological sites or artifacts are discovered in the process of development, work on that portion of the site shall be stopped immediately, the site secured, and the find reported as soon as possible to the Administrator of the Department of Community and Eco- nomic Development or designee. Upon notification of such find, the property owner shall notify the Washington State Department of Archaeology and Historic Preservation and affected tribes. The Ad- ministrator of the Department of Commu- nity and Economic Development or designee shall provide for a site investi- gation by a qualified professional and may provide for avoidance, or conserva- tion of the resources, in coordination with appropriate agencies. e. Access for Educational Purposes Encouraged: Land owners are encour- aged to provide access to qualified pro- fessionals and the general public if appropriate for the purpose of public ed- ucation related to a cultural resource identified on a property. 7. Standards for Density, Setbacks, and Height: a. Shoreline Bulk Standards: This ta- ble establishes the minimum required di- mensional requirements for development including all structures and substantial al- teration of natural topography. Additional standards may be established in subsec- tion E of this Section, Use Regulations, and subsection F of this Section, Shore- line Modification. 4-3-090D 3 - 40.5 (Revised 12/11)Table 4-3-090D7a – Shoreline Bulk StandardsNaturalUrbanConservancyShoreline SingleFamilyHigh Intensity High IntensityIsolatedAquaticSetbacks and BuffersStructure Setback from Ordinary High Water Mark (OHWM) – Minimum1Water-Dependent Use100 ft. 100 ft. None2None2NoneWater-Related or Water Enjoyment Use100 ft. 100 ft. 100 ft.3100 ft.4NoneNon-Water-Oriented Use100 ft. 100 ft. 100 ft.3100 ft.5NoneFront Yard, Side Yard, and Rear Yard SetbacksGoverned by underlying zoning in chapter 4-2 RMC except in cases where specific shoreline performance standards provide otherwise. Variance from the front and side yard standards may be granted administratively if needed to meet the established setback from OHWM, as specified in this Section and if standard variance criteria are met. Vegetation Conservation Buffer100 ft. 100 ft. 100 ft.3100 ft.4,5NoneBuilding Height – MaximumIn WaterNot allowed Not allowed 35 ft.635 ft.635 ft.6Within 100 ft. of OHWMNot allowed Not allowed 35 ft.735 ft.8Governed by underlying zoning in chapter 4-2 RMC9More Than 100 ft. from OHWM15 ft. 35 ft. 35 ft.735 ft.8Governed by underlying zoning in chapter 4-2 RMC9Accessory Building15 ft. 15 ft. 15 ft. Same as above Governed by underlying zoning in chapter 4-2 RMC9 4-3-090D (Revised 12/11)3 - 40.6 Table Notes:1. Architectural features of buildings, such as eaves or balconies, and other building elements above the first floor may project a maximum of five feet (5') into the buffer/setback area as established in this table, or as modified by subsection F1 of this Section, Vegetation Conservation.2. Setback shall be the maximum determined by the specific needs of the water-dependent use and shall not apply to a structure housing any other use.3. Building setback and buffer may be based on lot depth as provided in subsection F1c of this Section.4. Water-oriented uses may be established closer to OHWM only in cases where the vegetation conservation buffer is varied in accordance with sub-section F1 of this Section, Vegetation Conservation. Buildings shall be no closer than fifty feet (50'), except as consistent with a Master Site Plan approved prior to the adoption of this Section. 5. Non-water-oriented uses may be established closer to OHWM only in cases where the vegetation conservation buffer is varied in accordance with subsection F1 of this Section, Vegetation Conservation. Buildings shall be no closer than seventy five feet (75'), except as consistent with a Master Site Plan approved prior to the adoption of this Section.6. Additional height may be allowed if essential to the function of a water-dependent use, except as consistent with a Master Site Plan approved prior to the adoption of this Section.Coverage StandardsImpervious Area within the Buffer/SetbackNot allowed 5%105%105%10Governed by underlying zoning in chapter 4-2 RMC9Impervious Area within 100 ft. of OHWM – MaximumNot allowed 10%1150%1150%11Governed by underlying zoning in chapter 4-2 RMC9Lot Coverage for Buildings within 100 ft. of OHWM – Maximum5%125%1225%12None12Governed by underlying zoning in chapter 4-2 RMC9Lot Coverage for Buildings More Than 100 ft. from OHWM – Maximum5% 15% 35% Governed by underlying zoning in chapter 4-2 RMC9Governed by underlying zoning in chapter 4-2 RMC9Table 4-3-090D7a – Shoreline Bulk StandardsNaturalUrbanConservancyShoreline SingleFamilyHigh Intensity High IntensityIsolatedAquatic 4-3-090D 3 - 40.7 (Revised 12/11)7. If the maximum allowed height in the underlying zoning is less than the maximum allowed height in the shoreline overlay, a non-shoreline variance from the standard in chapter 4-2 RMC, Zoning Districts – Uses and Standards, must be obtained from the Administrator of the Department of Com-munity and Economic Development or designee to allow any height over the amount allowed in the underlying zone.8. Additional height may be allowed if essential to the function of a water-dependent use. Height up to that established in chapter 4-2 RMC, Zoning Dis-tricts – Uses and Standards, may be allowed for non-water-dependent uses in the following reaches:Lake Washington Reaches C, H, I, and J; Cedar River Reaches A, B, and C; Black River Reach A; May Creek Reach B; and Springbrook Creek Reaches B, C, and D: a. For buildings landward of one hundred feet (100') from OHWM, the maximum building height shall be defined by a maximum allowable building height envelope that shall:i. Begin along a line lying parallel to and one hundred feet (100') from OHWM at a height of either thirty five feet (35') or one half (1/2) the maximum height allowed in the underlying zone, whichever is greater; andii. Have an upward, landward transition at a slope of one vertical to one horizontal from the beginning height either (a) until the line at which the maximum height allowed in the underlying zoning in chapter 4-2 RMC is reached (from which line the height envelope shall extend landward at the maximum height allowed in the underlying zoning), or (b) to the end of shoreline jurisdiction, whichever comes first. b. For buildings allowed waterward of one hundred feet (100') from OHWM through a modified setback, the maximum building height shall be as follows:i. Between the modified setback line and the line lying parallel to and one hundred feet (100') from OHWM, the maximum building height shall be defined by a maximum allowable building height envelope that shall:(a) Begin at a height of thirty five feet (35') along the line of the modified setback; and(b) Have an upward, landward transition at a slope of one vertical to one horizontal from the beginning height either until the line at which the maximum height allowed in the underlying zoning in chapter 4-2 RMC is reached (from which line the height envelope shall extend landward at the maximum height allowed in the underlying zoning) or to the line lying parallel to and one hundred feet (100') from OHWM, whichever comes first; andii. Landward of one hundred feet (100') from OHWM, the applicant shall have the option of choosing the maximum building height defined by either:(a) Using the maximum allowable building height envelope described in Table Note 8.a, above; or(b) Having the maximum allowable building height envelope described in Table Note 8.b.i, above, continue an upward, landward tran-sition at a slope of one vertical to one horizontal from the envelope’s height along a line lying parallel to and one hundred feet (100') from OHWM either until the line at which the maximum height allowed in the underlying zoning in chapter 4-2 RMC is reached (from which line the height envelope shall extend landward at the maximum height allowed in the underlying zoning), or to the end of shoreline jurisdiction, whichever comes first. 9. Height is governed by the underlying standards in chapter 4-2 RMC; provided, that if a property is separated from OHWM by an intervening parcel in separate ownership and the distance from OHWM is less than one hundred feet (100'), the height adjacent to the intervening parcel in separate 4-3-090D (Revised 12/11)3 - 40.8ownership and the distance from OHWM is less than one hundred feet (100'), the height adjacent to the intervening parcel is limited to an increase over the maximum allowed use of the intervening parcel at a slope of one vertical to one horizontal.10. Up to five percent (5%) impervious surface is allowed in vegetation conservation buffers/setbacks for access to the shoreline, or a pathway up to six feet (6') wide, whichever is greater. In addition, for projects that provide public access and the opportunity for substantial numbers of people to enjoy the shoreline, up to twenty five percent (25%) impervious surface is allowed; provided, that no more than five percent (5%) impervious surface is allowed closer than twenty five feet (25') from OHWM.11. In cases where the depth of the vegetation conservation buffer/setback is modified in accordance with subsection F1 of this Section, Vegetation Con-servation, that portion of the first one hundred feet (100') from OHWM upon which development is to be located is permitted a maximum of fifty per-cent (50%) impervious surface, unless a different standard is stated below: Lake Washington Reaches H and I – Up to seventy five percent (75%) impervious surface, except as consistent with a Master Site Plan approved prior to the adoption of this Section.Lake Washington Reach J – No limit is provided for the Renton Municipal Airport. Cedar River Reach A – No limit is provided for the Renton Municipal Airport. Cedar River Reach B and C – No limit to impervious surface.Cedar River Reach D – No more than five percent (5%) impervious surface.Springbrook Creek Reaches B through D – No more than sixty five percent (65%) impervious surface.12. No building coverage is allowed in vegetation conservation buffers. If the buffer depth is modified in accordance with subsection F1 of this Section, Vegetation Conservation, that portion of the first one hundred feet (100') from OHWM upon which development is to be located shall be permitted the following coverage: Lake Washington High Intensity Overlay District – Up to fifty percent (50%) building coverage, except as consistent with a Master Site Plan approved prior to the adoption of this Section.Cedar River Reach A – Up to twenty percent (20%) for the Renton Municipal Airport. Cedar River Reach B – No limit on building coverage.Cedar River Reach C – Up to sixty five percent (65%) building coverage, or up to seventy five percent (75%) if parking is provided within a building or parking garage (parking stall may not be located within one hundred feet (100') of OHWM). Cedar River Reach D – No more than five percent (5%) building coverage.Green River A – Up to fifty percent (50%) building coverage.Springbrook Creek Reach A – No more than five percent (5%) building coverage.Springbrook Creek Reaches B through D – Up to fifty percent (50%) building coverage. 4-3-090D 3 - 40.9 (Revised 12/11) b. City-Wide Development Stan- dards: Table 4-3-090D7a replaces the standards of the underlying zone in chap- ter 4-2 RMC for those specific standards enumerated. All other standards of the Renton development regulations, flood control regulations, subdivision regula- tions, health regulations, and other adopted regulatory provisions apply within shoreline jurisdiction. In the event the provisions of the Shoreline Master Program conflict with provisions of other City regulations, the more restrictive shall prevail. c. Measurement: i. Horizontal measurement shall be measured outward on a plane and in the direction that results in the great- est dimension from property lines, or from other features specified. ii. Height is measured consistent with the definition of “building height” in RMC 4-11-020. d. Activities Exempt from Buffers and Setbacks: The following develop- ment activities are not subject to buffers and setbacks; provided, that they are constructed and maintained in a manner that minimizes adverse impacts on shoreline ecological functions; and pro- vided further, that they comply with all the applicable regulations in RMC Title IV: i. Water-Dependent Development: Those portions of approved water- dependent development that require a location waterward of the OHWM of streams, rivers, lakes, ponds, marine shorelines, associated wetlands, and/or within their associated buff- ers. ii. Underground Utilities: Under- ground utilities, including stormwater outfalls and conveyance pipes. iii. Modifications Necessary for Agency Compliance: Modifications to existing development that are neces- sary to comply with environmental re- quirements of any agency, when otherwise consistent with the Shore- line Master Program; provided, that the Administrator of the Department of Community and Economic Devel- opment or designee determines that: (a) The facility cannot meet the dimensional standard and ac- complish the purpose for which it is intended; (b) The facility is located, de- signed, and constructed to meet specified dimensional standards to the maximum extent feasible; and (c) The modification is in con- formance with the provisions for nonconforming development and uses. iv. Necessary Access: Roads, rail- ways, and other essential public fa- cilities that must cross shorelines and are necessary to access ap- proved water-dependent develop- ment subject to development standards in subsection E of this Section, Use Regulations. v. Stairs and Walkways: Stairs and walkways not greater than five feet (5') in width or eighteen inches (18') in height above grade, except for rail- ings. vi. Essential Public Facilities: An essential public facility or public utility where the Administrator of the De- partment of Community and Eco- nomic Development or designee determines that: (a) The facility cannot meet the dimensional standard and ac- complish the purpose for which it is intended; and (b) The facility is located, de- signed, and constructed to meet specified dimensional standards to the maximum extent feasible. vii. Shared Moorage: Shared moor- ages shall not be subject to side yard setbacks when located on or adja- 4-3-090E (Revised 12/11)3 - 40.10 cent to a property line shared in com- mon by the project proponents and where appropriate easements or other legal instruments have been executed providing for ingress and egress to the facility. viii. Flood Storage: Approved com- pensating flood storage areas. 8. Private Property Rights: Regulation of private property to implement any program goals such as public access and protection of ecological functions must be consistent with all relevant constitutional and other legal lim- itations. These include, but are not limited to, property rights guaranteed by the United States Constitution and the Washington State Constitution, applicable Federal and State case law, and State statutes, such as RCW 34.05.328, 43.21C.060, and 82.02.020. The Administrator of the Department of Commu- nity and Economic Development or designee shall have the authority to make findings con- cerning public access regarding nexus and proportionality on any shoreline permit. 9. Treaty Rights: Rights reserved or other- wise held by Indian Tribes pursuant to trea- ties, executive orders, or statutes, including right to hunt, fish, gather, and the right to re- served water, shall not be impaired or limited by any action taken or authorized by the City under its Shoreline Master Program, and all rights shall be accommodated. E. USE REGULATIONS: 1. Shoreline Use Table: Uses specified in the table below are subject to the use and de- velopment standards elsewhere in this Sec- tion and the policies of the Shoreline Master Program. 4-3-090E 3 - 40.11 (Revised 12/11)Table 4-3-090E1 Shoreline Use Table:KEY: X = Prohibited, P = Permitted, AD = Administrative Conditional Use Permit, H = Hearing Examiner Conditional Use PermitNatural Urban ConservancySingle Family Residential Aquatic High IntensityHigh Intensity IsolatedRESOURCEAquaculture P1P1XPP XMining X X X X X XPreservation and Enhancement of Natural Features or Ecological ProcessesP1PP P8Except for the land uses specified in this table, land uses allowed in the underlying zoning in RMC 4-2-060 are allowed in this overlay district, subject to the preference for water-oriented uses. Land uses in the underlying zoning that require an administrative (AD) or Hearing Examiner (H) conditional use permit in the underlying zoning require the corresponding Shoreline Conditional Use Permit.Except for the land uses specifically prohibited in this table, land uses allowed in the underlying zoning in RMC 4-2-060 are allowed in this overlay district.Low Intensity Scientific, Cultural, Historic, or Educational UseP1PP P8Fish and Wildlife Resource EnhancementP1PP P8RESIDENTIALDetached Dwellings X P4P5X Except for the land uses specified in this table, land uses allowed in the underlying zoning in RMC 4-2-060 are allowed in this overlay district, subject to the preference for water-oriented uses. Land uses in the underlying zoning that require an administrative (AD) or Hearing Examiner (H) conditional use permit in the underlying zoning require the corresponding Shoreline Conditional Use Permit.Except for the land uses specifically prohibited in this table, land uses allowed in the underlying zoning in RMC 4-2-060 are allowed in this overlay district.Attached Dwellings X X X XAccessory Dwelling UnitsX AD AD XGroup Homes I X X X XGroup Homes II (for six or fewer residents)XX P XGroup Homes II (for seven or more residents)XX H XAdult Family Home X X H X 4-3-090E (Revised 12/11)3 - 40.12CIVIC USESK-12 Educational Institution (public or private)X X P X Except for the land uses specified in this table, land uses allowed in the underlying zoning in RMC 4-2-060 are allowed in this overlay district, subject to the preference for water-oriented uses. Land uses in the underlying zoning that require an administrative (AD) or Hearing Examiner (H) conditional use permit in the underlying zoning require the corresponding Shoreline Conditional Use Permit.Except for the land uses specifically prohibited in this table, land uses allowed in the underlying zoning in RMC 4-2-060 are allowed in this overlay district.Roads (not providing direct access to permitted or conditional uses)XX H XCOMMERCIAL USESHome Occupations X P AD X Except for the land uses specified in this table, land uses allowed in the underlying zoning in RMC 4-2-060 are allowed in this overlay district, subject to the preference for water-oriented uses. Land uses in the underlying zoning that require an administrative (AD) or Hearing Examiner (H) conditional use permit in the underlying zoning require the corresponding Shoreline Conditional Use Permit.Except for the land uses specifically prohibited in this table, land uses allowed in the underlying zoning in RMC 4-2-060 are allowed in this overlay district.Adult Day Care I X X AD XAdult Day Care II X X H XTable 4-3-090E1 Shoreline Use Table:KEY: X = Prohibited, P = Permitted, AD = Administrative Conditional Use Permit, H = Hearing Examiner Conditional Use PermitNatural Urban ConservancySingle Family Residential Aquatic High IntensityHigh Intensity Isolated 4-3-090E 3 - 40.13 (Revised 12/11)RECREATIONParks, Neighborhood H1H6PP8Except for the land uses specified in this table, land uses allowed in the underlying zoning in RMC 4-2-060 are allowed in this overlay district, subject to the preference for water-oriented uses. Land uses in the underlying zoning that require an administrative (AD) or Hearing Examiner (H) conditional use permit in the underlying zoning require the corresponding Shoreline Conditional Use Permit.Except for the land uses specifically prohibited in this table, land uses allowed in the underlying zoning in RMC 4-2-060 are allowed in this overlay district.Parks, Regional/CommunityH1H6AD6P8Passive Recreation H1PP P8Public Hiking and Bicycle Trails, Over LandH1P1PXActive Recreation X P2PP8Boat Launches X P X P8Mooring Piles X P P P8Boat Moorage X P P P8Boat Lifts X X P7P8Boat Houses X X X XGolf Courses X H2HXMarinas X X AD6P8Expansion of Existing Over-Water TrailsH10AD10AD10AD10AD10XTable 4-3-090E1 Shoreline Use Table:KEY: X = Prohibited, P = Permitted, AD = Administrative Conditional Use Permit, H = Hearing Examiner Conditional Use PermitNatural Urban ConservancySingle Family Residential Aquatic High IntensityHigh Intensity Isolated 4-3-090E (Revised 12/11)3 - 40.14INDUSTRIALIndustrial Use X X X H8Except for the land uses specified in this table, land uses allowed in the underlying zoning in RMC 4-2-060 are allowed in this overlay district, subject to the preference for water-oriented uses. Land uses in the underlying zoning that require an administrative (AD) or Hearing Examiner (H) conditional use permit in the underlying zoning require the corresponding Shoreline Conditional Use Permit.Except for the land uses specifically prohibited in this table, land uses allowed in the underlying zoning in RMC 4-2-060 are allowed in this overlay district.UTILITIESStructures for Floodway Management, Including Drainage or Storage and Pumping FacilitiesH1PP P8Except for the land uses specified in this table, land uses allowed in the underlying zoning in RMC 4-2-060 are allowed in this overlay district, subject to the preference for water-oriented uses. Land uses in the underlying zoning that require an administrative (AD) or Hearing Examiner (H) conditional use permit in the underlying zoning require the corresponding Shoreline Conditional Use Permit.Except for the land uses specifically prohibited in this table, land uses allowed in the underlying zoning in RMC 4-2-060 are allowed in this overlay district.Local Service Utilities X P3P3P8Major Service Utilities X H6H6H6P3P8Table 4-3-090E1 Shoreline Use Table:KEY: X = Prohibited, P = Permitted, AD = Administrative Conditional Use Permit, H = Hearing Examiner Conditional Use PermitNatural Urban ConservancySingle Family Residential Aquatic High IntensityHigh Intensity Isolated 4-3-090E 3 - 40.15 (Revised 12/11)Table Notes:1. Provided that the use does not degrade the ecological functions or natural character of the shoreline area.2. Use is allowed, but structures shall not be placed within the shoreline jurisdiction.3. Allowed only to serve approved or conditional uses, but should be located outside of shoreline jurisdiction if feasible.4. Limited to existing lots, or clustered subdivisions that retain sensitive areas.5. Includes uses customarily incidental to and subordinate to the primary use, and located on the same lot.6. Existing use is permitted, but new use is subject to a Shoreline Conditional Use Permit.7. Allowed as accessory to a residential dock; provided, that all lifts are placed as far waterward as feasible and safe; and platform lifts are fully grated.8. Only allowed if the use is water-dependent.9. If the unspecified use is prohibited in the underlying zoning it is also prohibited in shoreline jurisdiction.10. No new over-water trails shall be allowed unless it is part of the expansion of an existing over-water trail or over-water trail system. Such expansions shall be considered a conditional use if allowed in the Public Access Requirements by Reach Table at subsection D4f of this Section and if impacts are limited. ACCESSORY USESParking Areas X P3P3X Except for the land uses specified in this table, land uses allowed in the underlying zoning in RMC 4-2-060 are allowed in this overlay district, subject to the preference for water-oriented uses. Land uses in the underlying zoning that require an administrative (AD) or Hearing Examiner (H) conditional use permit in the underlying zoning require the corresponding Shoreline Conditional Use Permit.Except for the land uses specifically prohibited in this table, land uses allowed in the underlying zoning in RMC 4-2-060 are allowed in this overlay district.Roads X P3P3XBed and Breakfast HouseXX AD XSea Plane Moorage X X P P8Helipads X X P P8USES NOT SPECIFIED XX H9H8H9XTable 4-3-090E1 Shoreline Use Table:KEY: X = Prohibited, P = Permitted, AD = Administrative Conditional Use Permit, H = Hearing Examiner Conditional Use PermitNatural Urban ConservancySingle Family Residential Aquatic High IntensityHigh Intensity Isolated 4-3-090E (Revised 12/11)3 - 40.16 2. Aquaculture: a. No Net Loss Required: Aquaculture shall not be permitted in areas where it would result in a net loss of ecological functions and shall be designed and lo- cated so as not to spread disease to na- tive aquatic life, or establish new non- native species which cause significant ecological impacts. b. Aesthetics: Aquaculture facilities shall not significantly impact the aesthetic qualities of the shoreline. c. Structure Requirements: All struc- tures over or in the water shall meet the following restrictions: i. They shall be securely fastened to the shore. ii. They shall be designed for a min- imum of interference with the natural systems of the waterway including, for example, water flow and quality, fish circulation, and aquatic plant life. iii. They should not prohibit or re- strict other human uses of the water, such as swimming and/or boating. iv. They shall be set back appropri- ate distances from other shoreline uses, if potential conflicts exist. 3. Boat Launching Ramps: a. Boat Launching Ramps Shall Be Public: Any new boat launching ramp shall be public, except those related to a marina, water-dependent use, or provid- ing for hand launching of small boats with no provisions for vehicles or motorized facilities. b. No Net Loss Required: Choice of sites for boat launching ramps shall en- sure no net loss of ecological functions through assessment of the shoreline con- ditions and impacts of alteration of those conditions, as well as the disturbance re- sulting from the volume of boat users. c. Consideration of Impacts on Adja- cent Uses: Launch ramps locations shall consider impacts on adjacent uses in- cluding: i. Traffic generation and the ade- quacy of public streets to service. ii. Impacts on adjacent uses, in- cluding noise, light, and glare. iii. Hours of operation may be re- stricted to assure compatibility. iv. Potential impacts on aquatic habitat, including impacts of distur- bance by boats using the facility. d. Water and Shore Characteristics: i. Water depth shall be deep enough off the shore to allow use by boats without maintenance dredging. ii. Water currents and movement and normal wave action shall be suit- able for ramp activity. e. Topography: The proposed area shall not present major geological or to- pographical obstacles to construction or operation of the ramp. Site adaptation such as dredging shall be minimized. f. Design to Ensure Minimal Impact: The ramp shall be designed so as to al- low for ease of access to the water with minimal impact on the shoreline and wa- ter surface. g. Surface Materials: The surface of the ramp may be concrete, precast con- crete, or other hard permanent sub- stance. Loose materials, such as gravel or cinders, will not be used. The material chosen shall be appropriate considering the following conditions: i. Soil characteristics; ii. Erosion; iii. Water currents; iv. Waterfront conditions; 4-3-090E 3 - 40.17 (Revised 12/11) v. Usage of the ramp; vi. Durability; and vii. Avoidance of contamination of the water. h. Shore Facilities Required: i. Adequate on-shore parking and maneuvering areas shall be provided based on projected demand. Provi- sion shall be made to limit use to available parking to prevent spillover outside designated parking areas. ii. Engineering design and site lo- cation approval shall be obtained from the appropriate City depart- ment. 4. Commercial and Community Ser- vices: a. Use Preference and Priorities: New commercial and community ser- vices developments are subject to the fol- lowing: i. Water-Dependent Uses: Water- dependent commercial and commu- nity service uses shall be given pref- erence over water-related and water- enjoyment commercial and commu- nity service uses. Prior to approval of water-dependent uses, the Adminis- trator of the Department of Commu- nity and Economic Development or designee shall review a proposal for design, layout, and operation of the use and shall make specific findings that the use qualifies as a water-de- pendent use. Water-dependent com- mercial and community service uses shall provide public access in a man- ner that will not interfere with the wa- ter-dependent aspects of the use. The portion of a site not required for water-oriented use may include mul- tiple use, approved non-water-ori- ented uses, ecological restoration, and public access. All uses shall pro- vide public access in accordance with subsection D4f of this Section, Table of Public Access Require- ments by Reach. On Lake Washing- ton, multiple use development that incorporates water-dependent use within one hundred feet (100') of the OHWM may not include non-water- oriented uses at the ground level. ii. Water-Related Uses: Water-re- lated commercial and community service uses shall not be approved if they displace existing water-depen- dent uses. Prior to approval of a wa- ter-related commercial or community service use, review of the design, layout, and operation of the use shall confirm that the use has a functional requirement for a waterfront location, or the use provides a necessary ser- vice supportive of the water-depen- dent uses, and/or the proximity of the use to its customers makes its ser- vices less expensive and/or more convenient. On Lake Washington, al- lowed water-related commercial and community service uses shall be evaluated in terms of whether the use facilitates a State-wide interest, including increasing public access and public recreational opportunities in the shoreline. iii. Water-Enjoyment Uses: Water- enjoyment commercial and commu- nity service uses shall not be ap- proved if they displace existing water-dependent or water-related uses or if they occupy space desig- nated for water-dependent or water- related use identified in a substantial development permit or other ap- proval. Prior to approval of water-en- joyment uses, review of the design, layout, and operation of the use shall confirm that the use facilitates public access to the shoreline as, or the use provides for, aesthetic enjoyment of the shoreline for a substantial num- ber of people as a primary character- istic of the use. The ground floor of the use must be ordinarily open to the general public and the shoreline- oriented space within the project must be devoted to the specific as- pects of the use that foster shoreline enjoyment. On Lake Washington, al- lowed water-enjoyment commercial uses shall be evaluated in terms of 4-3-090E (Revised 12/11)3 - 40.18 whether the use facilitates a State- wide interest, including increasing public access and public recreational opportunities in the shoreline. iv. Non-Water-Oriented Uses: Non- water-oriented commercial and com- munity service uses may be permit- ted where: (a) Located on a site physically separated from the shoreline by another private property in sepa- rate ownership or a public right- of-way such that access for wa- ter-oriented use is precluded; provided, that such conditions were lawfully established prior to the effective date of the Shore- line Master Program, or estab- lished with the approval of the City; or (b) Proposed on a site where navigability is severely limited (i.e., all shoreline rivers and creeks), the commercial or com- munity service use provides a significant public benefit such as providing public access and/or ecological restoration; or (c) The use is part of a multiple use project that provides signifi- cant public benefit with respect to the objectives of the Shoreline Management Act such as: (1) Restoration of ecological functions both in aquatic and up- land environments that shall pro- vide native vegetation buffers according to the standards for the specific reach as specified in subsection F1 of this Section, Vegetation Conservation, and in accordance with the Restoration Element of this plan or other plans and policies including the WRIA 8 Salmon Restoration Plans; or (2) The balance of the water frontage not devoted to ecologi- cal restoration and associated buffers shall be provided as pub- lic access. Community access may be allowed subject to the provisions of subsection E9 of this Section, Residential Devel- opment. b. Over-Water Structures: Over-water structures are allowed only for those por- tions of water-dependent commercial uses that require over-water facilities or for public recreation and public access facilities. Non-water-dependent commer- cial uses shall not be allowed over water except in limited instances where they are appurtenant to and necessary in sup- port of water-dependent uses. c. Setbacks: Public access adjacent to the water may be located within the re- quired setback, subject to the standards for impervious surface in subsection D7a of this Section, Setbacks, for non-water- oriented commercial buildings and shall be located no closer than one hundred feet (100') from the OHWM; provided, this requirement may be modified in ac- cordance with subsection F1 of this Sec- tion, Vegetation Conservation. d. Scenic and Aesthetic Qualities: All new or expanded commercial and com- munity services developments shall take into consideration the scenic and aes- thetic qualities of the shoreline and com- patibility with adjacent uses as provided in subsection D3 of this Section, Use Compatibility and Aesthetic Effects and subsection D5 of this Section, Building and Development Location – Shoreline Orientation. 5. Industrial Use: a. Use Preferences and Priorities: In- dustrial developments shall be permitted subject to the following: i. Water-Dependent Uses: New in- dustrial uses in new structures within the required setback of the shoreline must be water-dependent. ii. Existing Non-Water-Dependent Uses: Existing non-water-dependent uses may be retained and expanded, subject to provisions for nonconform- 4-3-090E 3 - 40.19 (Revised 12/11) ing uses activities and sites; pro- vided, that expansion of structures within the required setback between the building and the water shall be prohibited unless it is demonstrated that the impacts of the expansion can be mitigated through on-site mea- sures such as buffer enhancement or low impact stormwater development. Changes in use are limited to existing structures. iii. Water-Related Uses: Water-re- lated industrial uses may not be ap- proved if they displace existing water-dependent uses. Prior to ap- proval of a water-related industrial use, review of the design, layout, and operation of the use shall confirm that the use has a functional require- ment for a waterfront location, or the use provides a necessary service supportive of the water-dependent uses, and/or the proximity of the use to its customers makes its services less expensive and/or more conve- nient. Allowed water-related com- mercial uses shall be evaluated in terms of whether the use facilitates a public interest, including increasing public access and public recreational opportunities in the shoreline. iv. Non-Water-Oriented Uses: Non- water-oriented industrial uses may be permitted where: (a) Located on a site physically separated from the shoreline by another private property in sepa- rate ownership or a public right- of-way such that access for wa- ter-oriented use is precluded; provided, that such conditions were lawfully established prior to the effective date of the Shore- line Master Program; or (b) On a site that abuts the wa- ter’s edge where navigability is severely limited (i.e., all shore- line rivers and creeks) and where the use provides significant pub- lic benefit with respect to the ob- jectives of the Shoreline Management Act by: (1) Restoration of ecological functions both in aquatic and up- land environments that shall pro- vide native vegetation buffers according to the standards for the specific reach as specified in subsection F1 of this Section, Vegetation Conservation, and in accordance with the Restoration Element of this plan and other plans and policies including the WRIA 8 and 9 Salmon Restora- tion Plans; or (2) The balance of the water frontage not devoted to ecologi- cal restoration and associated buffers shall be provided as pub- lic access in accordance with subsection D4 of this Section, Public Access. b. Clustering of Non-Water-Oriented Uses: Any new use of facility or expan- sion of existing facilities shall minimize and cluster those water-dependent and water-related portions of the develop- ment along the shoreline and place in- land all facilities which are not water- dependent. c. Over-Water Structures: Over-water structures are allowed only for those por- tions of water-dependent industrial uses that require over-water facilities. Any over-water structure is water-dependent, is limited to the smallest reasonable di- mensions, and is subject to shoreline conditional use approval. d. Materials Storage: New industrial development may not introduce exterior storage of materials outside of buildings within shoreline jurisdiction, except by approval of a Shoreline Conditional Use Permit subject to the additional criteria that exterior storage is essential to the use. e. No Discharge Allowed: Each indus- trial use shall demonstrate that no spill or discharge to surface waters will result from the use or shall demonstrate in the permit application a specific program to contain and clean up spills or discharges 4-3-090E (Revised 12/11)3 - 40.20 of pollutants associated with the indus- trial use and activity. f. Offshore Log Storage: Offshore log storage shall only be allowed only to serve a processing use and shall be lo- cated where water depth is sufficient without dredging, where water circulation is adequate to disperse polluting wastes and where they will not provide habitat for salmonid predators. g. Scenic and Aesthetic Qualities: New or expanded industrial develop- ments shall take into consideration the scenic and aesthetic qualities of the shoreline and compatibility with adjacent uses as provided in subsection D3 of this Section, Use Compatibility and Aesthetic Effects, and subsection D5 of this Sec- tion, Building and Development Location – Shoreline Orientation. 6. Marinas: a. Applicability: The standards speci- fied for marinas shall be applied to all de- velopment as described below: i. Joint use single family docks serving four (4) or more residences. ii. Any dock allowed for multi-family uses. iii. Docks serving all other multiple use facilities including large boat launches and mooring buoy fields. b. Lake Washington: Marinas on Lake Washington shall be permitted only when: i. Detailed analysis of ecological conditions demonstrate that they will not result in a net loss of ecological functions and specifically will not in- terfere with natural geomorphic pro- cesses including delta formation, or adversely affect native and anadro- mous fish. ii. Future dredging is not required to accommodate navigability. iii. Adequate on-site parking is available commensurate with the size and character of moorage facili- ties provided in accordance with the parking standards in RMC 4-4-080F. Parking areas not associated with loading areas shall be sited as far as feasible from the water’s edge and outside of vegetated buffers de- scribed in subsection F1 of this Sec- tion, Vegetation Conservation. iv. Adequate water area is available commensurate with the actual moor- age facilities provided. v. The location of the moorage facil- ities is adequately served by public roads. c. Location Criteria: i. Marinas shall not be located near beaches commonly used for swim- ming unless no alternative location exists, and mitigation is provided to minimize impacts to such areas and protect the public health, safety, and welfare. ii. Marinas and accessory uses shall be located only where adequate utility services are available, or where they can be provided concur- rent with the development. iii. Marinas, launch ramps, and ac- cessory uses shall be designed so that lawfully existing or planned pub- lic shoreline access is not unneces- sarily blocked, obstructed, nor made dangerous. d. Design Requirements: i. Marinas shall be designed to re- sult in no net loss of ecological func- tions. ii. Marinas and boat launches shall provide public access for as many water-dependent recreational uses as possible, commensurate with the scale of the proposal. Features for such access could include, but are not limited to: docks and piers, pe- 4-3-090E 3 - 40.21 (Revised 12/11) destrian bridges to offshore struc- tures, fishing platforms, artificial pocket beaches, and underwater div- ing and viewing platforms. iii. Dry upland boat storage is pre- ferred for permanent moorage in or- der to protect shoreline ecological functions, efficiently use shoreline space, and minimize consumption of public water surface areas unless: (a) No suitable upland loca- tions exist for such facilities; or (b) It is demonstrated that wet moorage would result in fewer impacts to ecological functions; or (c) It is demonstrated that wet moorage would enhance public use of the shoreline. iv. Marinas, launch ramps, and ac- cessory uses shall be located and designed with the minimum neces- sary shoreline stabilization. v. Public access shall be required in accordance with subsection D4 of this Section, Public Access. vi. Piers and docks shall meet stan- dards in subsection E7 of this Sec- tion, Piers and Docks. vii. New covered moorage for boat storage is prohibited. Covered over- water structures may be permitted only where vessel construction or re- pair work is to be the primary activity and covered work areas are demon- strated to be the minimum necessary over-water structures. When feasible any covered over-water structures shall incorporate windows, skylights, or other materials to allow sufficient light to reach the water’s surface. e. Operation Requirements: i. Marinas and other commercial boating activities shall be equipped with facilities to manage wastes, in- cluding: (a) Marinas with a capacity of one hundred (100) or more boats, or further than one mile from such facilities, shall provide pump-out, holding, and/or treat- ment facilities for sewage con- tained on boats or vessels. (b) Discharge of solid waste or sewage into a water body is pro- hibited. Marinas and boat launch ramps shall have adequate restroom and sewage disposal facilities in compliance with applicable health regulations. (c) Garbage or litter recepta- cles shall be provided and main- tained by the operator at locations convenient to users. (d) Disposal or discarding of fish or shellfish cleaning wastes, scrap fish, viscera, or unused bait into water or in other than designated garbage receptacles near a marina or launch ramp is prohibited. (e) Public notice of all regula- tions pertaining to handling and disposal of waste, sewage, fuel, oil or toxic materials shall be re- viewed and approved and posted where all users may eas- ily read them. ii. Fail safe facilities and proce- dures for receiving, storing, dispens- ing, and disposing of oil or hazardous products, as well as a spill response plan for oil and other products, shall be required of new marinas and ex- pansion or substantial alteration of existing marinas. Handling of fuels, chemicals, or other toxic materials must be in compliance with all appli- cable Federal and State water quality laws as well as health, safety, and engineering requirements. Rules for spill prevention and response, in- cluding reporting requirements, shall be posted on site. 4-3-090E (Revised 12/11)3 - 40.22 7. Piers and Docks: a. General Criteria for Use and Ap- proval of All New or Expanded Piers and Docks: i. Piers and docks shall be de- signed to minimize interference with the public use and enjoyment of the water surface and shoreline, nor cre- ate a hazard to navigation. ii. The dock or pier shall not result in the unreasonable interference with the use of adjacent docks and/or piers. iii. The use of floating docks in lieu of other types of docks is to be en- couraged in those areas where sce- nic values are high and where substantial conflicts with recreational boaters and fishermen will not be created. iv. The expansion of existing piers and docks is preferred over the con- struction of new. v. The responsibility rests on the applicant to affirmatively demon- strate the need for the proposed pier or dock in his/her application for a permit, except for a dock accessory to a single family residence on an ex- isting lot. vi. All piers and docks shall result in no net loss of ecological functions. Docks, piers, and mooring buoys, in- cluding those accessory to single family residences, shall avoid, or if that is not possible, minimize and mitigate adverse impacts to shoreline ecological functions such that no net loss of ecological functions results. vii. Over-water construction not re- quired for moorage purposes is regu- lated as a recreation use. viii. New or expanded piers and docks allowed for water-dependent uses shall be consistent with the fol- lowing criteria: (a) Water-dependent uses shall specify the specific need for over-water location and shall be restricted to the minimum size necessary to meet the needs of the proposed water-dependent use. (b) Water-related, water-enjoy- ment and multiple uses may be allowed as part of a dock or pier to serve as water-dependent use structures where they are clearly auxiliary to and in support of wa- ter-dependent uses, provided the minimum size requirement needed to meet the water-de- pendent use is not violated. (c) Public access is required over all docks utilizing public aquatic lands that serve water- dependent uses, water-enjoy- ment uses and multiple uses, provided it does not preclude the water-dependent use. (d) The dock or pier length shall not extend beyond a length necessary to provide reasonable and safe moorage. b. Additional Criteria for New or Ex- panded Residential Docks: i. Single Family Docks: (a) Single Family Joint Use Docks: A pier or dock which is constructed for private recre- ation moorage associated with a single family residence, for pri- vate joint use by two or more sin- gle family waterfront property owners, or a community pier or dock in new waterfront single family subdivision, is considered a water-dependent use; pro- vided, that it is designed and used only as a facility to access watercraft owned by the occu- pants, and to incidental use by temporary guests. No fees or other compensation may be charged for use by nonresidents 4-3-090E 3 - 40.23 (Revised 12/11) of piers or docks accessory to residences. (b) Individual Single Family Docks: The approval of a new dock or pier or a modification or extension of an existing dock or pier shall include a finding that the following criteria have been met: (1) A new dock providing for private recreational moorage for an individual lot may not be per- mitted in subdivisions approved on or before January 28, 1993, unless shared moorage is not available, and there is no home- owners association or other cor- porate entity capable of developing shared moorage. (2) A new dock shall not be al- lowed for an individual lot in cases where a joint use dock has been constructed to serve the subject lot. (3) Prior to approval of a new dock for private recreational moorage for an individual lot, the owner should demonstrate that adjacent owners have been con- tacted and they have declined to develop or utilize a shared dock. Such information should be pro- vided in the project narrative at the time of permit submittal. (4) A new dock should be ap- proved only in cases where use of a mooring buoy is demon- strated to be impractical for re- ducing over-water coverage. ii. Multi-Family Docks: Multi-family residential use is not considered a water-dependent use under the Shoreline Management Act and moorage for multi-family residential use shall be provided only when the following criteria are met: (a) The dock provides a public benefit of shoreline ecological enhancement in the form of veg- etation conservation buffer en- hancement in accordance with subsection F1 of this Section, Vegetation Conservation, and/or public access in accordance with subsection D4 of this Section, Public Access; (b) Moorage at the proposed dock shall be limited to residents of the apartments, condomini- ums, or similar developments for which the dock was built; (c) Multi-family moorage serv- ing more than four (4) vessels meets the criteria for the ap- proval of marinas in subsection E6 of this Section, Marinas. iii. Shared Docks Required for New Development: Shared moorage shall be provided for all new residential de- velopments of more than two (2) sin- gle family dwelling units. New subdivisions shall contain a restric- tion on the face of the plat prohibiting individual docks. A site for shared moorage shall be owned in undivided interest by property owners within the subdivision. Shared moorage fa- cilities shall be available to property owners in the subdivision for commu- nity access and may be required to provide public access depending on the scale of the facility. If shared moorage is provided, the applicant/ proponent shall file at the time of plat recordation a legally enforceable joint use agreement. Approval shall be subject to the following criteria: (a) Shared moorage to serve new development shall be lim- ited to the amount of moorage needed to serve lots with water frontage. Shared moorage use by upland property owners shall be reviewed as a marina. (b) As few shared docks as possible shall be developed. De- velopment of more than one dock shall include documenta- tion that a single dock would not accommodate the need or that 4-3-090E (Revised 12/11)3 - 40.24 adverse impacts on ecological functions would result from the size of dock required. (c) The size of a dock must consider the use of mooring buoys for some or all moorage needs and the use of all or part of the dock to allow tender access to mooring buoys. (d) Public access shall be pro- vided over all shared docks utiliz- ing public aquatic lands that accommodate five (5) or more vessels. c. Design Criteria – General: i. Pier Type: All piers and docks shall be built of open pile construc- tion except that floating docks may be permitted where there is no dan- ger of significant damage to an eco- system, where scenic values are high and where one or more of the following conditions exist: (a) Extreme water depth, be- yond the range of normal length piling. (b) A soft bottom condition, providing little support for piling. (c) Bottom conditions that ren- der it not feasible to install piling. ii. Construction and Maintenance: All piers and docks shall be con- structed and maintained in a safe and sound condition. iii. Approach: Approaches to piers and docks shall consist of ramps or other structures that span the entire foreshore to the point of intersection with stable upland soils. Limited fill or excavation may be allowed landward of the OHWM to match the upland with the elevation of the pier or dock. iv. Materials: Applicants for the new construction or extension of piers and docks or the repair and mainte- nance of existing docks shall use ma- terials that will not adversely affect water quality or aquatic plants and animals over the long term. Materials used for submerged portions of a pier or dock, decking, and other compo- nents that may come in contact with water shall be approved by applica- ble State agencies for use in water to avoid discharge of pollutants from wave splash, rain or runoff. Wood treated with creosote, pentachlo- rophenol or other similarly toxic ma- terials is prohibited. Pilings shall be constructed of untreated materials, such as untreated wood, approved plastic composites, concrete or steel. v. Pilings: Pile spacing shall be the maximum feasible to minimize shad- ing and avoid a “wall” effect that would block or baffle wave patterns, currents, littoral drift, or movement of aquatic life forms, or result in struc- ture damage from driftwood impact or entrapment. The first piling set shall be spaced at the maximum dis- tance feasible to minimize shading and shall be no less than eighteen feet (18'). Pilings beyond the first set of piles shall minimize the size of the piles and maximize the spacing be- tween pilings to the extent allowed by site-specific engineering or design considerations. vi. Minimization of Nearshore Im- pacts: In order to minimize impacts on nearshore areas and avoid reduc- tion in ambient light level: (a) The width of piers, docks, and floats shall be the minimum necessary to serve the proposed use. (b) Ramps shall span as much of the nearshore as feasible. (c) Dock surfaces shall be de- signed to allow light penetration. (d) Lights shall avoid illuminat- ing the water surface. Lighting facilities shall be limited to the minimum extent necessary to lo- cate the pier or dock at night for 4-3-090E 3 - 40.25 (Revised 12/11) docks serving residential uses. Lighting to serve water-depen- dent uses shall be the minimum required to accommodate the use and may not be used when the water-dependent aspects of the use are not in operation. vii. Covered Moorage: Covered moorage is not allowed on any moor- age facility unless translucent materi- als are used that allow light penetration through the canopy, or through the roof of legal, pre-existing boat houses. Temporary vessel cov- ers must be attached to the vessel. New boat houses are not allowed. viii. Seaplane Moorage: Seaplane moorage may be accommodated at any dock that meets the standards of the Shoreline Master Program. ix. Other Agency Requirements: If deviation from the design standards specified in subsection E7 of this Section, Piers and Docks, is ap- proved by another agency with per- mitting authority, such as the Washington Department of Fish and Wildlife or the U.S. Army Corps of Engineers, it shall be approved with a variance, subject to all conditions and requirements of those permitting agencies. d. Design Standards: Single Family Joint Use and Community Docks Commercial and Industrial Docks – Water-Dependent Uses Non-Water- Dependent Uses WHEN ALLOWED Maximum of one pier or dock per developed waterfront lot or ownership. A joint use dock may be constructed for two (2) or more contiguous waterfront properties and may be located on a side property line, or straddling a side property line, common to both properties or be provided with an access easement for all lots served.1 Joint use docks or piers serving more than four (4) residences shall be regulated as marinas. Water-dependent commercial and industrial uses may develop docks and piers to the extent that they are required for water-dependent use. Public access shall be provided in accordance with subsection D4 of this Section, Public Access. Docks are not allowed unless they provide public access or public water recreation use. Such docks and piers are subject to the performance standards for over- water structures for recreation in subsection E8 of this Section, Recreation. 4-3-090E (Revised 12/11)3 - 40.26 LENGTH – MAXIMUM Docks and Piers Minimum needed to provide moorage for a single family residence, a maximum of one ell and two (2) fingers. Maximum: 80 ft. from OHWM.2 Minimum needed to provide moorage for the single family residences or community being served. Maximum: 80 ft. from OHWM.2 Minimum needed to serve specific vessels or other water- dependent uses specified in the application. Maximum: 120 ft. from OHWM.2 Facilities adjacent to a designated harbor area: The dock or pier may extend to the lesser of: a) The general standard, above; or b) The inner harbor line or such point beyond the inner harbor line as is allowed by formal authorization by the Washington State Department of Natural Resources (DNR) or other agency with jurisdiction. Docks are not allowed unless they provide public access or public water recreation use. Such docks and piers are subject to the performance standards for over- water structures for recreation in subsection E8 of this Section, Recreation. Ells and Fingers 26 ft. 26 ft. Minimum needed to serve specific vessels or other water- dependent uses specified in the application. Floats 20 ft. 20 ft. Minimum needed to serve specific vessels or other water- dependent uses specified in the application. Single Family Joint Use and Community Docks Commercial and Industrial Docks – Water-Dependent Uses Non-Water- Dependent Uses 4-3-090E 3 - 40.27 (Revised 12/11) WIDTH Docks and Piers 4 ft.4 6 ft. Maximum walkway: 8 ft., but 12 ft. if vehicular access is required for the approved use.3 Docks are not allowed unless they provide public access or public water recreation use. Such docks and piers are subject to the performance standards for over- water structures for recreation in subsection E8 of this Section, Recreation. Ells and Floats 6 ft. 6 ft. Minimum needed to serve specific vessels or other water- dependent uses specified in the application. Fingers 2 ft. 2 ft. Minimum needed to serve specific vessels or other water- dependent uses specified in the application. Ramp Connecting a Pier/Dock to a Float 3 ft. for walkway, 4 ft. total 3 ft. for walkway, 4 ft. total Minimum needed to serve specific vessels or other water- dependent uses specified in the application. PILINGS – MAXIMUMS Mooring Piles Two (2) piles, up to 12 in. in diameter, installed within 24 ft. of a dock or pier and out of the nearshore area. Four (4) piles, up to 12 in. in diameter, installed within 24 ft. of a dock or pier and out of the nearshore area. Minimum needed to serve specific vessels or other water- dependent uses specified in the application. Docks are not allowed unless they provide public access or public water recreation use. Such docks and piers are subject to the performance standards for over- water structures for recreation in subsection E8 of this Section, Recreation. Single Family Joint Use and Community Docks Commercial and Industrial Docks – Water-Dependent Uses Non-Water- Dependent Uses 4-3-090E (Revised 12/11)3 - 40.28 Table Notes: 1. A joint use ownership agreement or covenant shall be executed and recorded with the King County Assessor’s Office prior to the issuance of permits. A copy of the recorded agreement shall be provided to the City. Such documents shall specify ownership rights and maintenance provisions, including: specifying the parcels to which the agreement shall apply; providing that the dock shall be owned jointly by the participating parcels and that the ownership shall run with the land; providing for ease- ments to access the dock from each lot served and provide for access for maintenance; providing apportionment of construction and maintenance expenses; and providing a means for resolution of disputes, including arbitration and filing of liens and assessments. 2. Maximum length is eighty feet (80') unless a depth of ten feet (10') cannot be obtained. In such cir- cumstances the dock may be extended until the water depth reaches a point of ten feet (10') in depth at ordinary low water. 3. Additional width may be allowed to accommodate public access in addition to the water-dependent use. 4. That portion of a pier or dock beyond thirty feet (30') from OHWM may be up to six feet (6') wide, with- out a variance, if approved by the U.S. Army Corps of Engineers or the Washington Department of Fish and Wildlife; or a pier or dock may be six feet (6') wide, waterward from land, without a variance, if the property owner qualifies for State disabled accommodations. e. Maintenance and Repair of Docks: Existing docks or piers that do not comply with these regulations may be repaired in accordance with the criteria below. i. When the repair and/or replace- ment of the surface area exceeds thirty percent (30%) of the surface area of the dock/pier, light penetrat- ing materials must be used for all re- placement decking. For floating docks, light penetrating materials shall be used where feasible, and as long as the structural integrity of the dock is maintained. ii. When the repair involves re- placement of the surfacing materials only, there is no requirement to bring the dock/pier into conformance with dimensional standards of this Sec- tion. iii. When the repair/replacement in- volves the replacement of more than fifty percent (50%) of the pilings, or more, the entire structure shall be re- placed in compliance with these reg- ulations. For floating docks, when the repair/replacement involves replace- ment of more than fifty percent (50%) SETBACKS – MINIMUMS Side Setback No portion of a pier or dock may lie closer than 5 ft. to an adjacent property line and may not interfere with navigation. No portion of a pier or dock may lie closer than 5 ft. to an adjacent property line and may not interfere with navigation. No portion of a pier or dock may lie closer than 30 ft. to an adjacent property line. Docks are not allowed unless they provide public access or public water recreation use. Such docks and piers are subject to the performance standards for over- water structures for recreation in subsection E8 of this Section, Recreation. Single Family Joint Use and Community Docks Commercial and Industrial Docks – Water-Dependent Uses Non-Water- Dependent Uses 4-3-090E 3 - 40.29 (Revised 12/11) of the total supporting structure (in- cluding floats, pilings, or cross-bars), the entire structure shall be replaced in compliance with these regulations. iv. When the existing dock/pier is moved or expanded or the shape re- configured, the entire structure shall be replaced in compliance with these regulations. f. Buoy and Float Regulations: i. Buoys Preferred: The use of buoys for moorage is preferable to piers, docks, or floats and buoys may be sited under a shoreline exemption instead of a Substantial Develop- ment Permit, provided they do not exceed the cost threshold. ii. Floats: Floats shall be allowed under the following conditions: (a) The float is served by a dock attached to the shore for use of only a tender. The dock shall be the minimum length to allow access to a tender and may not exceed a length of forty feet (40'). (b) Floats shall be anchored to allow clear passage on all sides by small watercraft. (c) Floats shall not exceed a maximum of one hundred (100) square feet in size. A float pro- posed for joint use between adja- cent property owners may not exceed one hundred and fifty (150) square feet per residence. Floats for public use shall be sized in order to provide for the specific intended use and shall be limited to the minimum size necessary. (d) A single family residence may only have one float. (e) Floats shall not be located a distance of more than eighty feet (80') beyond the OHWM, except public recreation floats. g. Variance to Dock and Pier Dimen- sions: i. Requests for greater dock and pier dimensions than those specified above may be submitted as a shore- line variance application, unless oth- erwise specified. ii. Any greater dimension than those listed above may be allowed subject to findings that a variance re- quest complies with: (a) The general criteria for shoreline variance approval in RMC 4-9-190I4. (b) The additional criteria that the allowed dock or pier cannot reasonably provide the purpose for which it is intended without specific dimensions to serve specific aspects of a water-de- pendent use. (c) Meets the general criteria for all new and expanded piers and docks in subsection E7a of this Section. 8. Recreation: a. When Allowed: Recreation activi- ties are allowed when: i. There is no net loss of ecological functions, including on- and off-site mitigation. ii. Water-related and water-enjoy- ment uses do not displace water-de- pendent uses and are consistent with existing water-related and water-en- joyment uses. iii. The level of human activity in- volved in passive or active recreation shall be appropriate to the ecological features and shoreline environment. iv. State-owned shorelines shall be recognized as particularly adapted to providing wilderness beaches, eco- logical study areas, and other recre- 4-3-090E (Revised 12/11)3 - 40.30 ational uses for the public in accordance with RCW 90.58.100(4). b. Location Relative to the Shore- line: Activities provided by recreational facilities must bear a substantial relation- ship to the shoreline, or provide physical or visual access to the shoreline. i. Water-dependent recreation such as fishing, swimming, boating, and wading should be located on the shoreline. ii. Water-related recreation such as picnicking, hiking, and walking should be located near the shoreline. iii. Non-water-related recreation fa- cilities shall be located inland. Recre- ational facilities with large grass areas, such as golf courses and play- ing fields, and facilities with exten- sive impervious surfaces shall observe vegetation management standards providing for native vege- tation buffer areas along the shore- line. c. Over-Water Structures: Over-water structures for recreation use shall be al- lowed only when: i. They allow opportunities for sub- stantial numbers of people to enjoy the shorelines of the State. ii. They are not located in or adja- cent to areas of exceptional ecologi- cal sensitivity, especially aquatic and wildlife habitat areas. iii. They are integrated with other public access features, particularly when they provide limited opportuni- ties to approach the water’s edge in areas where public access is set back to protect sensitive ecological features at the water’s edge. iv. No net loss of ecological func- tions will result. d. Public Recreation: Public recre- ation uses shall be permitted within the shoreline only when the following criteria are considered: i. The natural character of the shoreline is preserved and the re- sources and ecology of the shoreline are protected. ii. Accessibility to the water’s edge is provided consistent with public safety needs and in consideration of natural features. iii. Recreational development shall be of such variety as to satisfy the di- versity of demands of the local com- munity. iv. Water-related and water-enjoy- ment uses do not displace water-de- pendent uses and uses are consistent with existing water-related and water-enjoyment uses. v. Recreational development is lo- cated and designed to minimize det- rimental impact on the adjoining property. vi. The development provides park- ing and other necessary facilities to handle the designed public use. vii. Effects on private property are consistent with all relevant constitu- tional and other legal limitations on regulation or acquisition of private property. viii. Public parks and other public lands shall be managed in a manner that provides a balance between pro- viding opportunities for recreation and restoration and enhancement of the shoreline. Major park develop- ment shall be approved only after a master planning process that pro- vides for a balance of these ele- ments. e. Private Recreation: i. Private recreation uses and facili- ties that exclude the public from pub- lic aquatic lands are prohibited. Private recreation uses that utilize 4-3-090E 3 - 40.31 (Revised 12/11) public aquatic lands shall provide public access in accordance with cri- teria in subsection D4 of this Section, Public Access. ii. Private recreational uses open to the public shall be permitted only when the following standards are met: (a) There is no net loss of eco- logical functions, including on- and off-site. (b) There is reasonable public access provided to the shoreline at no fee for sites providing rec- reational uses that are fee sup- ported, including access along the water’s edge where appropri- ate. In the case of Lake Wash- ington, significant public access shall be provided in accordance with public access criteria in sub- section D4 of this Section, Public Access. (c) The proposed facility will have no significant detrimental effects on adjacent parcels and uses. (d) Adequate, screened, and landscaped parking facilities that are separated from pedestrian paths are provided. (e) Recreational uses are en- couraged in multiple use com- mercial development. 9. Residential Development: a. Single Family Priority Use and Other Residential Uses: Single family residences are a priority on the shoreline under the Shoreline Management Act (RCW 90.58.020). All other residential uses are subject to the preference for wa- ter-oriented use and must provide for meeting the requirements for ecological restoration and/or public access. b. General Criteria: Residential devel- opments shall be allowed only when: i. Density and other characteristics of the development are consistent with the Renton Comprehensive Plan and Zoning Code. ii. Residential structures shall pro- vide setbacks and buffers as pro- vided in subsection D7a of this Section, Shoreline Bulk Standards, or as modified under subsection F1 of this Section, Vegetation Conserva- tion. c. Public Access Required: Unless deemed inappropriate due to health, safety, or environmental concerns, new single family residential developments, including subdivision of land for ten (10) or more parcels, shall provide public ac- cess in accordance with subsection D4 of this Section, Public Access. Unless deemed inappropriate due to health, safety or environmental concerns, new multi-family developments shall provide a significant public benefit such as provid- ing public access and/or ecological resto- ration along the water’s edge. For such proposed development, a community ac- cess plan may be used to satisfy the pub- lic access requirement if the following written findings are made by the Adminis- trator of the Department of Community and Economic Development or designee: i. The community access plan al- lows for a substantial number of peo- ple to enjoy the shoreline; and ii. The balance of the waterfront not devoted to public and/or community access shall be devoted to ecological restoration. d. Shoreline Stabilization Prohibited: New residential development shall not re- quire new shoreline stabilization. Devel- opable portions of lots shall not be subject to flooding or require structural flood hazard reduction measures within a channel migration zone or floodway to support intended development during the life of the development or use. Prior to approval, geotechnical analysis of the site and shoreline characteristics shall demonstrate that new shoreline stabiliza- tion is unlikely to be necessary for each 4-3-090E (Revised 12/11)3 - 40.32 new lot to support intended development during the life of the development or use. e. Critical Areas: New residential de- velopment shall include provisions for critical areas including avoidance, set- backs from steep slopes, bluffs, landslide hazard areas, seismic hazard areas, ri- parian and marine shoreline erosion ar- eas, and shall meet all applicable development standards. Setbacks from hazards shall be sufficient to protect structures during the life of the structure (one hundred (100) years). f. Vegetation Conservation: All new residential lots shall meet vegetation con- servation provisions in subsection F1 of this Section, Vegetation Conservation, in- cluding the full required buffer area to- gether with replanting and control of invasive species within buffers to ensure establishment and continuation of a veg- etation community characteristic of a na- tive climax community. Each lot must be able to support intended development without encroachment on vegetation con- servation areas, except for public trains and other uses allowed within such ar- eas. Areas within vegetation conserva- tion areas shall be placed in common or public ownership when feasible. g. New Private Docks Restricted: All new subdivisions shall record a prohibi- tion on new private docks on the face of the plat. An area reserved for shared moorage may be designated if it meets all requirements of the Shoreline Master Program including demonstration that public and private marinas and other boating facilities are not sufficient to meet the moorage needs of the subdivision. h. Floating Residences Prohibited: Floating residences are prohibited. 10. Transportation: a. General Standards: New and ex- panded transportation facilities shall be designed to achieve no net loss of eco- logical functions within the shoreline. To the maximum extent feasible the follow- ing standards shall be applied to all trans- portation projects and facilities: i. Facilities shall be located outside of the shoreline jurisdiction and as far from the land/water interface as pos- sible. Expansion of existing transpor- tation facilities shall include analysis of system options that assess the po- tential for alternative routes outside shoreline jurisdiction or set back fur- ther from the land/water interface. ii. Facilities shall be located and de- signed to avoid significant natural, historical, archaeological, or cultural sites, and mitigate unavoidable im- pacts. iii. Facilities shall be designed and maintained to prevent soil erosion, to permit natural movement of ground- water, and not adversely affect water quality or aquatic plants and animals over the life of the facility. iv. All debris and other waste mate- rials from construction shall be dis- posed of in such a way as to prevent their entry by erosion into any water body and shall be specified in sub- mittal materials. v. Facilities shall avoid the need for shoreline protection. vi. Facilities shall allow passage of flood waters, fish passage, and wild- life movement by using bridges with the longest span feasible or when bridges are not feasible, culverts and other features that provide for these functions. vii. Facilities shall be designed to accommodate as many compatible uses as feasible, including, but not limited to: utilities, viewpoint, public access, or trails. b. Roads: i. New public or private roads and driveways shall be located inland from the land/water interface, prefer- ably out of the shoreline, unless: (a) Perpendicular water cross- ings are required for access to 4-3-090E 3 - 40.33 (Revised 12/11) authorized uses consistent with the Shoreline Master Program; or (b) Facilities are primarily ori- ented to pedestrian and nonmo- torized use and provide an opportunity for a substantial number of people to enjoy shore- line areas, and are consistent with policies and regulations for ecological protection. ii. Road locations shall be planned to fit the topography, where possible, in order that minimum alteration of existing natural conditions will be necessary. iii. RCW 36.87.130 prohibits vaca- tion of any right-of-way that abuts freshwater except for port, recre- ational, educational or industrial pur- poses. Therefore, development, abandonment, or alteration of unde- veloped road ends within Shoreline Master Program jurisdiction is pro- hibited unless an alternate use is ap- proved in accordance with the Shoreline Master Program. c. Railroads: New or expanded rail- roads shall be located inland from the land/water interface and out of the shore- line where feasible. Expansion of the number of rails on an existing right-of- way shall be accompanied by meeting the vegetation conservation provisions for moderate expansion of nonconform- ing uses in RMC 4-10-095, Nonconform- ing Uses, Activities, Structures and Sites. d. Trails: i. Trails that provide public access on or near the water shall be located, designed, and maintained in a man- ner that protects the existing environ- ment and shoreline ecological functions. Preservation or improve- ment of the natural amenities shall be a basic consideration in the design of shoreline trails. ii. The location and design of trails shall create the minimum impact on adjacent property owners including privacy and noise. iii. Over-water structures may be provided for trails in cases where: (a) Key trail links for local or re- gional trails must cross streams, wetlands, or other water bodies. (b) For interpretive facilities. (c) To protect sensitive riparian and wetland areas from the ad- verse impacts of at grade trails, including soil compaction, ero- sion potential and impedance of surface and groundwater move- ment. iv. Trail width and surface materials shall be appropriate for the context with narrow soft surface trails in ar- eas of high ecological sensitivity where the physical impacts of the trail and the number of users should be minimized with wider hard-sur- faced trails with higher use located in less ecologically sensitive areas. e. Parking: i. When Allowed: Parking facilities in shorelines are not a preferred use and shall be allowed only as neces- sary to serve an authorized primary use. ii. Public Parking: (a) In order to encourage public use of the shoreline, public park- ing is to be provided at frequent locations on public streets, at shoreline viewpoints, and at trail- heads. (b) Public parking facilities shall be located as far as feasible from the shoreline unless park- ing areas close to the water are essential to serve approved rec- reation and public access. In general, only handicapped park- ing should be located near the land/water interface with most 4-3-090E (Revised 12/11)3 - 40.34 other parking located within walking distance and outside of vegetation conservation buffers provided in subsection F1 of this Section, Vegetation Conserva- tion. (c) Public parking facilities shall be designed and landscaped to minimize adverse impact upon the shoreline and adjacent lands and upon the water view. iii. Private Parking: (a) Private parking facilities should be located away from the shoreline unless parking areas close to the water are essential to serve approved uses and/or developments. When sited within shoreline jurisdiction, parking shall be located inland away from the land/water interface and landward of water-oriented de- velopments and/or other ap- proved uses. (b) Surface parking areas shall be located and designed to mini- mize visual impacts as viewed from the shoreline and from views of the shoreline from up- land properties. (c) Parking structures shall be located outside of shoreline veg- etation conservation buffers and behind or within the first row of buildings between the water and the developed portions of a site and designed such that the front- age visible from the shoreline ac- commodates other uses and parked cars are not visible from that frontage. (d) Parking lot design, land- scaping and lighting shall be governed by the provisions of chapter 4-4 RMC and the provi- sions of the Shoreline Master Program. f. Aviation: i. Prohibited Near Natural or Urban Conservancy Areas: Aviation facili- ties are prohibited within two hun- dred feet (200') of a Natural or Urban Conservancy Shoreline Overlay Dis- trict. ii. Airports: (a) A new airport shall not be allowed to locate within the shoreline; however, an airport al- ready located within a shoreline shall be permitted. (b) Upgrades of facilities to meet FAA requirements or im- provements in technology shall be permitted. (c) Facilities to serve sea- planes may be included as an accessory use in any existing air- port. (d) Helipads may be included as an accessory use in any exist- ing airport. (e) Aviation-related manufac- turing shall be permitted in an airport. (f) New or upgraded airport fa- cilities shall be designed and op- erated such that: (1) All facilities that are non- water-dependent shall be lo- cated outside of shoreline juris- diction, if feasible. When sited within shoreline jurisdiction, uses and/or developments such as parking, hangars, service build- ings or areas, access roads, util- ities, signs, and storage of materials shall be located as far from the land/water interface as feasible. The minimum setback shall be twenty feet (20') from the OHWM of the shoreline and shall be designed and spaced to allow viewing of airport activities from the area along the water’s edge. 4-3-090E 3 - 40.35 (Revised 12/11) (2) New or upgraded airport fa- cilities shall minimize impacts on shoreline ecological functions, including control of pollutant dis- charge. The standards for water quality and criteria for application shall be those in current storm- water control regulations. (3) New facilities dispensing fuel or facilities associated with use of hazardous materials shall require a Shoreline Conditional Use Permit. iii. Seaplanes: (a) Private: (1) Operation of a single pri- vate seaplane on waters where FAA has designated a seaplane landing area is not regulated by the Shoreline Master Program. (2) Moorage of a seaplane is addressed in subsection E7 of this Section, Piers and Docks. (b) Commercial: New commer- cial seaplane facilities, including docks and storage area bases, may be allowed in industrial ar- eas provided such bases are not contiguous to residential areas and provided they meet stan- dards in subsection E7 of this Section, Piers and Docks. iv. Helicopter Landing Facilities: (a) Private: Establishment of a helipad on a single family resi- dential lot is allowed subject to the standards of RMC 4-2-080A111. Conditions shall be imposed to mitigate impacts within the shoreline. (b) Commercial: New commer- cial heliports, including those ac- cessory to allowed uses, are allowed by Shoreline Conditional Use Permit, subject to the stan- dards of the Shoreline Master Program. v. New Seaplane Facilities and He- liports – Criteria for Approval: (a) Review shall include con- sideration of location approval in terms of compatibility with af- fected uses including short- and long-term noise impacts, impacts on habitat areas of endangered or threatened species, environ- mentally critical and sensitive habitats, and migration routes: (1) On adjacent parcels; and (2) On over-flight areas. (b) Conditions shall be im- posed to mitigate impacts within the shoreline and also non- shoreline over flight and related impacts. 11. Utilities: a. Criteria for All Utilities: i. Local utility services needed to serve water-dependent and other permitted uses in the shoreline are subject to standards for ecological protection and visual compatibility. ii. Major utility systems shall be lo- cated outside of shoreline jurisdic- tion, to the extent feasible, except for elements that are water-dependent and crossings of water bodies and other elements of shorelands by lin- ear facilities. iii. New public or private utilities shall be located inland from the land/ water interface, preferably out of shoreline jurisdiction, unless: (a) Perpendicular water cross- ings are unavoidable; or (b) Utilities are necessary for authorized shoreline uses con- sistent with the Shoreline Master Program. iv. Linear facilities consisting of pipelines, cables and other facilities 4-3-090E (Revised 12/11)3 - 40.36 on land running roughly parallel to the shoreline shall be located as far from the water’s edge as feasible and preferably outside of shoreline jurisdiction. v. Linear facilities consisting of pipelines, sewers, cables and other facilities on aquatic lands running roughly parallel to the shoreline that may require periodic maintenance that would disrupt shoreline ecologi- cal functions shall be discouraged except where no other feasible alter- native exists. When permitted, provi- sions shall assure that the facilities do not result in a net loss of shoreline ecological functions or significant im- pacts to other shoreline resources and values. vi. Utilities shall be located in exist- ing rights-of-way and corridors, whenever reasonably feasible. vii. Local service utilities serving new development shall be located underground, wherever reasonably feasible. viii. Utility crossings of water bodies shall be attached to bridges or lo- cated in other existing facilities, if reasonably feasible. If new installa- tions are required to cross water bod- ies or wetlands they should avoid disturbing banks and streambeds and shall be designed to avoid the need for shoreline stabilization. Crossings shall be tunneled or bored where reasonably feasible. Installa- tions shall be deep enough to avoid failures or need for protection due to exposure due to streambed mobiliza- tion, aggregation or lateral migration. Underwater utilities shall be placed in a sleeve if reasonably feasible to avoid the need for excavation in the event of the need for maintenance or replacement. ix. In areas where utility installa- tions would be anticipated to signifi- cantly alter natural groundwater flows, a barrier or conduit to impede changes to natural flow characteris- tics shall be provided. x. Excavated materials from con- struction of utilities shall be disposed of outside of the vegetation conser- vation buffer except if utilized for eco- logical restoration and shall be specified in submittal materials. xi. Utilities shall be located and de- signed to avoid natural, historic, ar- chaeological or cultural resources to the maximum extent feasible and mitigate adverse impacts where un- avoidable. xii. Utilities shall be located, de- signed, constructed, and operated to result in no net loss of shoreline eco- logical functions with appropriate on- and off-site mitigation including com- pensatory mitigation. xiii. All utility development shall be consistent with and coordinated with all local government and State plan- ning, including comprehensive plans and single purpose plans to meet the needs of future populations in areas planned to accommodate growth. xiv. Site planning and rights-of-way for utility development should pro- vide for compatible multiple uses such as shore access, trails, and rec- reation or other appropriate use whenever possible. Utility right-of- way acquisition should be coordi- nated with transportation and recre- ation planning. xv. Vegetation Conservation: (a) Native vegetation shall be maintained whenever reason- ably feasible. (b) When utility projects are completed in the water or shore- land, the disturbed area shall be restored as nearly as possible to the original condition. (c) All vegetation and screen- ing shall be hardy enough to 4-3-090E 3 - 40.37 (Revised 12/11) withstand the travel of service trucks and similar traffic in areas where such activity occurs. xvi. A structure or other facility en- closing a telephone exchange, sew- age pumping or other facility, an electrical substation, or other above ground public utility built in the shore- line area shall be: (a) Housed in a building that shall conform architecturally with the surrounding buildings and area or with the type of building that will develop as provided by the zoning district and applicable design standards. (b) An unhoused installation on the ground or a housed installa- tion that does not conform with the standards above shall be sight-screened in accordance with RMC 4-4-095 with ever- green trees, shrubs, and land- scaping materials planted in sufficient depth to form an effec- tive and actual sight barrier within five (5) years. (c) An unhoused installation of a potentially hazardous nature, such as an electrical distribution substation, shall be enclosed with an eight (8) foot high open wire fence, or masonry wall. Such installations shall be sight- screened in accordance with RMC 4-4-095 with evergreen trees, shrubs, and landscaping materials planted in sufficient depth to form an effective and actual sight barrier, except at en- trance gate(s), within five (5) years. b. Special Considerations for Pipe- lines: i. Installation and operation of pipe- lines shall protect the natural condi- tions of adjacent water courses and shorelines. ii. Water quality is not to be de- graded to the detriment of aquatic life nor shall water quality standards be violated. iii. Petro-chemical or toxic material pipelines shall have automatically controlled shutoff valves at each side of the water crossing. iv. All petro-chemical or toxic mate- rial pipelines shall be constructed in accordance with the regulations of the Washington State Transportation Commission and subject to review by the City Public Works Department. c. Major Utilities – Specifications: i. Electrical Installations: (a) Overhead High Voltage Power Lines: (1) Overhead electrical trans- mission lines of fifty five (55) kV and greater voltage within the shoreline shall be relocated to a route outside of the shoreline, where feasible when: • Such facilities are upgraded to a higher voltage. • Additional lines are placed within the corridor. (2) The support structures for new overhead power lines shall be designed to avoid or minimize impacts to shoreline areas. (b) Underwater electrical trans- mission lines shall be located and designed to: (1) Utilize existing transporta- tion or utility corridors where fea- sible. (2) Avoid adverse impacts to navigation. (3) Be posted with warning signs. 4-3-090E (Revised 12/11)3 - 40.38 (c) Electrical Distribution Sub- stations: Electrical distribution substations shall be: (1) Located outside of the shoreline, where feasible, and may be located within a shore- land location only when the ap- plicant proves no other site out of the shoreland area exists. (2) Located as far as feasible from the land/water interface. (3) Screened as required by in the criteria for all utilities, above. ii. Communications: This Section applies to telephone exchanges in- cluding radar transmission installa- tions, receiving antennas for cable television and/or radio, wireless com- munication facilities and any other fa- cility for the transmission of communication signals. (a) Communications installa- tions may be permitted in the shoreline area only when there exists no feasible site out of the shoreline and water area. (b) All structures shall meet the screening requirements in the criteria for all utilities, above. (c) If approved within the shoreline, such installations shall reduce aesthetic impacts by lo- cations as far as possible from residential, recreational, and commercial activities. (d) Cellular communication fa- cilities may be located in the shoreline only when mounted on buildings and screened by archi- tectural features compatible with the design of the building. iii. Pipeline Utilities: All pipeline util- ities shall be underground. When un- derground projects are completed on the bank of a water body or in the shoreland or a shoreline, the dis- turbed area shall be restored to the original configuration. Underground utility installations shall be permitted only when the finished installation shall not impair the appearance of such areas. iv. Public Access: All utility compa- nies shall be asked to provide pedes- trian public access to utility owned shorelines when such areas are not potentially hazardous to the public. Where utility rights-of-way are lo- cated near recreational or public use areas, utility companies shall be en- couraged to provide said rights-of- way as parking or other public use ar- eas for the adjacent public use area. As a condition of location of new util- ities within the shoreline, the City may require provision of pedestrian public access. v. All-Inclusive Utility Corridor: When it is necessary for more than one major utility to go along the same general route, the common use of a single utility right-of-way is strongly encouraged. It would be desirable to include railroad lines within this right- of-way also. d. Local Service Utilities, Specifica- tions: i. Electrical Distribution: New elec- trical distribution lines within the shoreline shall be placed under- ground; provided, that distribution lines that cross water or other critical areas may be allowed to be placed above ground if: (a) There is no feasible alterna- tive route. (b) Underground installation would substantially disrupt eco- logical functions and processes of water bodies and wetlands; horizontal drilling or similar tech- nology that does not disturb the surface is not feasible. (c) Visual impacts are mini- mized to the extent feasible. 4-3-090E 3 - 40.39 (Revised 12/11) (d) If overhead facilities require that native trees and other vege- tation cannot be maintained in a vegetation conservation buffer as provided in subsection F1 of this Section, Vegetation Conser- vation, compensatory mitigation shall be provided on- or off-site. ii. Water Lines: (a) New water lines shall not cross water, wetlands or other critical areas unless there is no reasonably feasible alternative route. (b) Sizes and specifications shall be determined by the Public Works Department in accor- dance with American Water Works Association (AWWA) guidelines. iii. Sanitary Sewer: (a) The use of outhouses or privies is prohibited. Self-con- tained outhouses may be al- lowed for temporary, seasonal, or special events. (b) All uses shall hook to the municipal sewer system. There shall be no septic tanks or other on-site sewage disposal sys- tems. (c) Sewage trunk lines, inter- ceptors, pump stations, treat- ment plants, and other components that are not water- dependent shall be located away from shorelines unless: (1) Alternative locations, in- cluding alternative technology, are demonstrated to be infeasi- ble. (2) The facilities do not result in a net loss of shoreline ecological functions. (3) The facilities do not result in significant impacts to other shoreline resources and values such as parks and recreation fa- cilities, public access and ar- chaeological, historic, and cultural resources, and aesthetic resources. (d) Storm drainage and pollut- ant drainage shall not enter the sanitary sewer system. (e) During construction phases, commercial sanitary chemical toilets may be allowed only until proper plumbing facili- ties are completed. (f) All sanitary sewer pipe sizes and materials shall be approved by the Public Works Department. iv. Stormwater Management: (a) The City will work with pri- vate property owners and other jurisdictions to maintain, en- hance and restore natural drain- age systems to protect water quality, reduce flooding, reduce public costs and prevent associ- ated environmental degradation to contribute to the goal of no net loss of shoreline ecological func- tions. (b) All new development shall meet current stormwater man- agement requirements for deten- tion and treatment. (c) Individual single family resi- dences may be subject to water quality management require- ments to ensure the quality of adjacent water bodies. (d) Stormwater ponds, basins and vaults shall be located as far from the water’s edge as feasible and may not be located within vegetation conservation buffers. (e) The location design and construction of stormwater out- falls shall limit impacts on receiv- ing waters and comply with all 4-3-090F (Revised 12/11)3 - 40.40 appropriate local, State, and Federal requirements. Infiltration of stormwater shall be preferred, where reasonably feasible. (f) Stormwater management may include a low impact devel- opment stormwater conveyance system in the vegetation buffer, if the system is designed to mimic the function and appearance of a natural shoreline system and complies with all other require- ments and standards of subsec- tion F1 of this Section, Vegetation Conservation. v. Solid Waste Facilities: (a) Facilities for processing, storage, and disposal of solid waste are not normally water-de- pendent. Components that are not water-dependent shall not be permitted on shorelines. (b) Disposal of solid waste on shorelines or in water bodies has the potential for severe adverse effects upon ecological func- tions, property values, public health, natural resources, and lo- cal aesthetic values and shall not be permitted. (c) Temporary storage of solid waste in suitable receptacles is permitted as an accessory use to a primary permitted use, or for lit- ter control. F. SHORELINE MODIFICATION: 1. Vegetation Conservation: a. Standard Vegetation Conservation Buffer Width: Except as otherwise spec- ified in this Section, water bodies defined as shorelines shall have a minimum one hundred foot (100') vegetation manage- ment buffer measured from the OHWM of the regulated shoreline of the State. Where streams enter or exit pipes, the buffer shall be measured perpendicular to the OHWM from the end of the pipe along the open channel section of the stream. b. Vegetation Conservation Buffer Widths by Reach: The Administrator of the Department of Community and Eco- nomic Development or designee may ap- ply the following vegetation buffers provided for in Table 4-3-090F1l, Vegeta- tion Conservation Standards by Reach, as an alternative to the standard vegeta- tion conservation buffer for sites for de- velopment that implement water-oriented use and public access as provided in the table for each reach. c. Alternative Vegetated Buffer Widths and Setbacks for Existing Sin- gle Family Lots: i. Modified Requirements Based on Lot Depth: The Administrator of the Department of Community and Eco- nomic Development or designee shall apply the following vegetation buffers and building setbacks for ex- isting single family residences and existing single family lots consisting of property under contiguous owner- ship without a variance. Lot depth shall be measured from the OHWM in a perpendicular direction to the edge of the contiguously owned par- cel or to an easement containing ex- isting physical improvements for road access for two (2) or more lots. ii. Setback Modifications for Site Improvements: Existing single family residences on existing single family lots subject to the setback standards in subsection F1ci of this Section may reduce their setback by making one or more of the site improvements listed below. In no case shall the set- back be reduced to less than twenty five feet (25'). The reduced setback and site improvement shall be re- Lot Depth Building Setback Vegetated Buffer Greater than 130 feet 45 feet 20 feet 100 feet, up to 130 feet 35 feet 15 feet Less than 100 feet 25 feet 10 feet 4-3-090F 3 - 40.41 (Revised 12/11) corded in a covenant approved by the City Attorney. The site improve- ment shall be maintained by the property owner. (a) The setback shall be re- duced by five feet (5') for every two hundred fifty (250) square feet of existing impervious sur- face removed. (b) The setback shall be re- duced for properties that agree to reduce future impervious cov- erage to a standard lower than the standard in subsection D7a of this Section, Shoreline Bulk Standards. The reductions shall be five feet (5') for every two hun- dred fifty (250) square feet of fu- ture impervious surface coverage that is limited, and re- corded as a maximum impervi- ous coverage standard (in percent), rounded down to the nearest whole number. (c) Properties that replace ex- isting rigid shoreline stabilization with preferred alternatives under subsection F4aiii of this Section, Shoreline Stabilization Alterna- tives Hierarchy, shall qualify for a setback reduction that correlates with the degree in improvement in ecological function and value that is expected to result from the change, as reported in a stan- dard stream/lake study. (d) Properties that propose projects to improve habitat func- tions and values shall qualify for a setback reduction that corre- lates with the degree in improve- ment in ecological function and value that is expected to result from the project, as reported in a standard stream/lake study. iii. Modifications for Narrow Lots: For such lots with a lot width of less than sixty feet (60'), setbacks and buffers may be reduced by ten per- cent (10%), but no less than: (a) Building setback: twenty five feet (25'). (b) Vegetated buffer: fifteen feet (15'). iv. Other Setbacks May Be Re- duced: Modification from the front and side yard standards may be granted administratively if needed to meet the established setback from the OHWM, as specified in this Sec- tion, and if standard variance criteria are met in RMC 4-9-250B, Vari- ances. d. Reduction of Vegetated Buffer or Setback Width: i. Administrator of the Department of Community and Economic Devel- opment or Designee May Reduce: Based upon an applicant’s request, the Administrator of the Department of Community and Economic Devel- opment or designee may approve a reduction in the standard buffer widths/setbacks where the applicant can demonstrate compliance with criteria in the subsections below. Buffer enhancement shall be re- quired where appropriate to site con- ditions, habitat sensitivity, and proposed land development charac- teristics. ii. Water-Dependent Uses: (a) Areas approved for water- dependent use or public access may be excluded from vegetated buffer if the approval is granted through review of a Substantial Development Permit, Condi- tional Use Permit, or variance; provided, that the area excluded is the minimum needed to pro- vide for the water-dependent use or public access. (b) Access to private docks through a vegetated buffer may be provided by a corridor up to six feet (6') wide. 4-3-090F (Revised 12/11)3 - 40.42 iii. Vegetation Conservation Stan- dard Table Applied: Vegetated buff- ers specified for areas enumerated in Table 4-3-090F1l, Vegetation Con- servation Standards by Reach, shall be applied in accordance with those provisions. iv. Buffer and Setback Reduction Standards: Based upon an appli- cant’s request, and the acceptance of a standard stream or lake study, the Administrator of the Department of Community and Economic Devel- opment or designee may approve a reduction in the standard buffer widths/setbacks by up to fifty percent (50%) if within the High Intensity Overlay or by up to twenty five per- cent (25%) in all other shoreline over- lays except when the buffer widths/ setbacks are established by subsec- tion F1c of this Section, Alternative Vegetated Buffer Widths and Set- backs for Existing Single Family Lots, where the applicant can demonstrate compliance with applicable criteria in the subsections below: (a) The proposal complies with either of the following two (2) cri- teria: (1) The area of the proposed reduced-width buffer is already extensively vegetated with native species, including trees and shrubs, and has less than five percent (5%) non-native invasive species cover; or (2) The area of the proposed reduced-width buffer can be en- hanced with native vegetation and removal of non-native spe- cies; and (b) The proposed project, with width reduction, will result in no net loss of ecological functions as consistent with subsection D2a of this Section, No Net Loss of Ecological Functions; and (c) Reduction of the buffer/set- back shall not create the need for rigid shoreline stabilization as described in subsections F4aiii(d) and (e) of this Section, Shoreline Stabilization Alterna- tives Hierarchy; and (d) The reduction shall not cre- ate any significant unmitigated adverse impacts to other prop- erty in the vicinity. (e) Review Procedures: (1) Buffer reductions in the High Intensity Overlay shall be approved by the Administrator of the Department of Community and Economic Development or designee as part of a Substantial Development Permit. Buffer re- ductions in all other shoreline overlays shall be processed through a Shoreline Conditional Use Permit, pursuant to RMC 4-9-190I, Variances and Condi- tional Uses. (2) Written findings shall be made to demonstrate that the buffer reduction substantially im- plements the criteria of this Sec- tion. v. Buffer Reductions for the Con- version on Nonconforming Uses: Based upon an applicant’s request, and the acceptance of a supplemen- tal stream or lake study, the Adminis- trator of the Department of Community and Economic Develop- ment or designee may approve a re- duction in the standard buffer in a case where an existing nonconform- ing site is not redeveloped and the proposal includes removal of existing over-water structures or removal or reconstruction of shoreline protection structures or other restoration of shorelines or buffer areas in a man- ner that meets the standards of the Shoreline Master Program, to a veg- etated buffer a minimum ten feet (10') from existing buildings or impervious surface such as parking areas and driveways in current use to serve the nonconforming buildings or uses. 4-3-090F 3 - 40.43 (Revised 12/11) e. Increased Buffer Widths: Vege- tated buffers may be increased by the Administrator of the Department of Com- munity and Economic Development or designee as required or allowed by the criteria below. i. Areas of High Blow-Down Poten- tial: Where the stream/lake area is in an area of high blow-down potential as determined by a qualified profes- sional, the buffer width may be ex- panded up to an additional fifty feet (50') on the windward side, when de- termined appropriate to site circum- stances and ecological function by the Administrator of the Department of Community and Economic Devel- opment or designee. ii. Buffers Falling Within Protected Slopes or Very High Landslide Ar- eas: When the required stream/lake buffer falls within a protected slope or very high landslide hazard area or buffer, the stream/lake buffer width shall extend to the boundary of the protected slope or the very high land- slide hazard buffer. f. Averaging of Buffer Width: i. Authority: Based upon an appli- cant’s request, and the acceptance of a standard stream or lake study, the Administrator of the Department of Community and Economic Devel- opment or designee may approve buffer width averaging except where specific vegetation buffers in Table 4-3-090F1l, Vegetation Conservation Standards by Reach, are stated. ii. Criteria for Approval: Buffer width averaging may be allowed only where the applicant demonstrates all of the following: (a) The water body and associated riparian area contain variations in ecological sensitivity or there are ex- isting physical improvements in or near the water body and associated riparian area; (b) Buffer width averaging will re- sult in no net loss of stream/lake/ri- parian ecological function; (c) The total area contained within the buffer after averaging is no less than that contained within the re- quired standard buffer width prior to averaging; (d) In no instance shall the buffer width be reduced to less than fifty feet (50'); (e) The proposed buffer standard is based on consideration of the best available science as described in WAC 365-195-905, or where there is an absence of valid scientific infor- mation. The steps in RMC 4-9-250F shall be followed. g. Buffer Enhancement: Buffer en- hancement as a separate action may be proposed on any property and may be implemented without full compliance with the standards of this Section; provided, that the project includes a buffer en- hancement plan using native vegetation and provides documentation that the en- hanced buffer area will maintain or im- prove the functional attributes of the buffer. Any change to existing noncon- forming facilities or use on a site shall meet the provisions for nonconforming sites. h. Exemption Criteria: As determined by the Administrator of the Department of Community and Economic Development or designee, for development proposed on sites separated from the shoreline by intervening, and lawfully created, public roads, railroads, other off-site substantial existing improvements, or an intervening parcel under separate ownership, the re- quirements of this Code for a vegetation buffer may be waived. For the purposes of this Section, the intervening lots/par- cels, roads, or other substantial improve- ments shall be found to: i. Separate the subject upland property from the water body due to their height or width; and 4-3-090F (Revised 12/11)3 - 40.44 ii. Substantially prevent or impair delivery of most ecological functions from the subject upland property to the water body. i. Vegetation Management: Vegeta- tion adjacent to water bodies in the shoreline shall be managed to provide the maximum ecological functions feasi- ble, in accordance with these standards: i. Streams and lakes with vegeta- tion conservation buffer areas that are largely undisturbed native vege- tation shall be retained except where the buffer is to be enhanced or where alteration is allowed in conformance with this Section for a specific devel- opment proposal. ii. In the absence of a development proposal, existing, lawfully estab- lished landscaping and gardens within a vegetation conservation buffer may be maintained in their ex- isting condition including but not lim- ited to mowing lawns, weeding, removal of noxious and invasive spe- cies, harvesting and replanting of garden crops, pruning and replace- ment planting of ornamental vegeta- tion or indigenous native species to maintain the condition and appear- ance of such areas as they existed prior to adoption of this Code, pro- vided this does not apply to areas previously established as native growth protection areas, mitigation sites, or other areas protected via conservation easements or similar restrictive covenants. iii. Removal of noxious weeds and/ or invasive species may be allowed without permit review in any vegeta- tion conservation buffer area; pro- vided, that removal consists of physical uprooting or chemical treat- ment of individual plants or shallow excavation of no more than one thou- sand (1,000) square feet of dense in- festations. iv. New development or redevelop- ment of nonconforming uses shall develop and implement a vegetation management plan that complies with the standards of this Code. Unless otherwise provided, a vegetation management plan shall preserve, enhance or establish native vegeta- tion within the specified vegetation buffer. If a low impact development stormwater system is proposed in accordance with subsection E11div(f) of this Section, it must be included in the vegetation manage- ment plan. When required, vegeta- tion management plans shall be prepared by a qualified professional; provided, that the Administrator of the Department of Community and Economic Development or designee may establish prescriptive standards for vegetation conservation and management as an alternative to re- quiring a specific plan for a develop- ment. Vegetation management plans shall describe actions that will be im- plemented to ensure that buffer ar- eas provide ecological functions equivalent to a dense native vegeta- tion community to the extent possi- ble. Required vegetation shall be maintained over the life of the use and/or development. For private de- velopment a conservation easement or similar recorded legal restriction shall be recorded to ensure preser- vation of the vegetation conservation and management area. v. The Administrator of the Depart- ment of Community and Economic Development or designee may ap- prove, in cases of redevelopment or alteration of existing single family residential lots, a vegetation man- agement plan that does not include large native trees, if such trees would block more than thirty percent (30%) of existing water views allowed from the existing residence on a lot. Native vegetation consisting of ground- cover, shrubs and small trees shall be provided to provide as many of the vegetation functions feasible. This provision shall not apply to new lots created by subdivision or other means. 4-3-090F 3 - 40.45 (Revised 12/11) j. Documentation: i. Provisions of subsection F1 of this Section, Vegetation Conserva- tion, as they pertain to existing single family residences and lots, determi- nations and evidence shall be in- cluded in the application file. ii. For all development requiring a Shoreline Substantial Development Permit, findings and determinations regarding the application of in- creased or reduced buffer width shall be included as specific findings in the permit. iii. For development not requiring a Shoreline Substantial Development Permit, approval of a reduced buffer width shall require review as a shore- line variance by the Hearing Exam- iner per RMC 4-9-190. The setback provisions of the zoning district for the use must also be met unless a vari- ance to the zoning code is achieved. k. Off-Site Vegetation Conservation Fund: The City shall provide a fund for off- site provision of areas for vegetation con- servation. The Administrator of the De- partment of Community and Economic Development or designee shall assess charges to new development that has been granted a shoreline variance be- cause the vegetation conservation buffer requirement under subsection D7a of this Section, Shoreline Bulk Standards, or as modified under subsection F1 of this Sec- tion, Vegetation Conservation, cannot be met on-site. The Administrator of the De- partment of Community and Economic Development or designee shall also as- sess charges to existing development subject to major alteration in which on-site shoreline stabilization mitigation, if re- quired, is infeasible according to RMC 4-10-095F, Partial and Full Compliance, Alteration of an Existing Structure or Site. Credit shall be given for areas of vegeta- tion buffer on the shoreline provided by development. Expenditures from such a fund for provision of areas where the func- tions of shoreline vegetation conservation would be provided shall be in accordance with the restoration plan or other water- shed and aquatic habitat conservation plans and shall be spent within the WRIA in which the assessed property is located. l. Vegetation Conservation Buffer Standards by Reach: The following ta- ble identifies the performance standards for maintenance and restoration of the vegetation conservation buffer and shall be applied if required by the use regula- tions or development standards of the Shoreline Master Program. Table 4-3-090F1l – Vegetation Conservation Standards by Reach SHORELINE REACH Vegetation Conservation Objectives Lake Washington Lake Washington Reach A and B This developed primarily single family area provides primarily lawn and ornamental vegetation at the shoreline. Opportunities to limit ongoing adverse impacts shall be implemented through providing for native vegetation in buffers adjacent to the water based on the standards related to lot depth together with replacement of shoreline armoring with soft shoreline protection incorporating vegetation. Lake Washington Reach C If areas redevelop, the full one hundred foot (100') buffer of native vegetation shall be provided, except where water-dependent uses are located. Buffer averaging, pursuant to subsection F1f of this Section, may be used if consistent with a NOAA Natural Resources Damage Settlement and approved by the U.S. EPA and the National Marine Fisheries Service. Lake Washington Reach D and E This developed primarily single family area provides primarily lawn and ornamental vegetation at the shoreline. Opportunities to limit ongoing adverse impacts shall be implemented through providing for native vegetation in buffers adjacent to the water based on the standards related to lot depth together with replacement of shoreline armoring with soft shoreline protection incorporating vegetation. 4-3-090F (Revised 12/11)3 - 40.46 Lake Washington Reach F Enhancement of native riparian vegetation shall be implemented as part of park management, balanced with opportunities to provide public visual and physical access to the shoreline. The City may fund shoreline enhancement through fees paid for off-site mitigation from development elsewhere on Lake Washington. Lake Washington Reach G Enhancement of native riparian vegetation shall be implemented as part of park management, while recognizing that this portion of the park is oriented primarily to opportunities to provide public visual and physical access to the shoreline including over-water structures, supporting concessions, boat launch and public beach facilities. Lake Washington Reach H Buffers for vegetation management are not required in this reach. This site has an approved Master Site Plan that includes significant public access. Opportunities for public access along the waterfront and the development of water-oriented uses are the designated priorities for this reach. Lake Washington Reach I The area of vegetation on public aquatic lands should be enhanced in the short term. Upon redevelopment, vegetation buffers shall be extended into the site adjacent to vegetated areas along the shoreline. Vegetation restoration shall be balanced with public access and water-oriented use on the balance of the site. Public access shall not impact any restored lands on this site. Lake Washington Reach J Enhanced riparian vegetation shall be provided in a manner consistent with maintaining aviation safety as part of airport management. Lake Washington Reach K Redevelopment of multi-family sites shall provide vegetation buffers at the full standard, with possible employment of provisions for averaging or reduction. Single family development in this reach provides primarily lawn and ornamental vegetation at the shoreline. Opportunities to limit ongoing adverse impacts shall be implemented through providing for native vegetation in buffers adjacent to the water based on the standards related to lot depth together with replacement of shoreline armoring with soft shoreline protection incorporating vegetation. May Creek May Creek A and B Full standard native vegetation buffers shall be provided with development of this property. May Creek C and D Full standard native vegetation buffers shall be provided on this reach with existing private lots, subject to buffer standards related to lot depth, together with replacement of shoreline armoring with soft shoreline protection incorporating vegetation. Cedar River Cedar River A Enhancement of native riparian vegetation shall be implemented as part of park management, balanced with needs of flood control levees and opportunities to provide public visual and physical access to the shoreline. Cedar River B Enhancement of native riparian vegetation shall be implemented as part of flood control management programs that may be integrated with opportunities to provide public visual and physical access to the shoreline. Vegetation management and public access should be addressed in a comprehensive management plan prior to issuance of shoreline permits for additional flood management activities. This developed single family area shall implement vegetation management based on the standards related to lot depth together with replacement of shoreline armoring with soft shoreline protection incorporating vegetation as provided for alteration of nonconforming uses, structures, and sites. Table 4-3-090F1l – Vegetation Conservation Standards by Reach SHORELINE REACH Vegetation Conservation Objectives 4-3-090F 3 - 40.47 (Revised 12/11) Cedar River C Enhancement of native riparian vegetation shall be implemented as part of management of public parks. Full standard native vegetation buffers should be maintained on the public open space on the south side of the river, subject to existing trail corridors and other provisions for public access. Enhancement of native riparian vegetation within the standard or modified buffers shall be provided upon redevelopment of the north shore, except in areas where public/community access is provided. The vegetation conservation buffer may be designed to incorporate floodplain management features including floodplain compensatory storage. Cedar River D Full standard native vegetation buffers shall be provided on this reach with existing private lots subject to buffer standards related to lot depth together with replacement of shoreline armoring with soft shoreline protection incorporating vegetation. Green River Green River Reach A Full standard native vegetation buffers shall be provided with redevelopment of this property in this reach, balanced with provisions for public access. Vegetation conservation within railroad rights-of-way shall not be required within areas necessary for railway operation. Vegetation preservation and enhancement should be encouraged in areas of railroad right-of-way not devoted to transportation uses. Expansion of railroad facilities may require specific vegetation preservation and enhancement programs, consistent with the standards of the Shoreline Master Program. Black River/Springbrook Creek Black River/ Springbrook A Public open space that exceeds buffer standards should be maintained and native vegetation enhanced. Full standard buffers should be provided upon redevelopment of adjacent land, recognizing the constraints of existing transportation and public facilities. Springbrook B Full standard buffers should be provided upon redevelopment of adjacent land, recognizing the constraints of existing transportation and public facilities. Springbrook C and D Vegetation enhancement should be implemented within the drainage district channels in conjunction with management plans including adjustments to channel dimensions to assure continued flood capacity with the additional hydraulic roughness provided by vegetation. Full standard vegetated buffers should be provided upon redevelopment of adjacent land presuming revegetation of the stream channel. Vegetation management should retain a continuous trail system that may be relocated further from the stream edge. Lake Desire Lake Desire This developed primarily single family area provides primarily lawn and ornamental vegetation at the shoreline. Opportunities to limit ongoing adverse impacts should be implemented through providing for native vegetation in buffers adjacent to the water based on the standards related to lot depth together with replacement of shoreline armoring with soft shoreline protection incorporating vegetation. Shoreline vegetation enhancement should take place at the WDFW boat launching site balancing values of riparian vegetation with public access. Existing shoreline vegetation in the publicly owned natural areas should be preserved with some accommodation for interpretive access to the water as a part of park management plans, subject to the primary objective of protecting ecological functions. Table 4-3-090F1l – Vegetation Conservation Standards by Reach SHORELINE REACH Vegetation Conservation Objectives 4-3-090F (Revised 12/11)3 - 40.48 2. Landfill and Excavation: a. General Provisions: Landfill and excavation shall only be permitted in con- junction with an approved use or devel- opment and allowed with assurance of no net loss of shoreline ecological functions. Excavation below the OHWM is consid- ered “dredging” and is addressed in a separate section. b. Criteria for Allowing Landfills and Excavations Below Ordinary High Wa- ter Mark: Landfills and excavations shall generally be prohibited below the OHWM, except for the following activi- ties, and in conjunction with documenta- tion of no net loss of ecological functions as documented in appropriate technical studies: i. Beach or aquatic substrate re- plenishment in conjunction with an approved ecological restoration ac- tivity; ii. Replenishing sand on public and private community beaches; iii. Alteration, maintenance and/or repair of existing transportation facili- ties and utilities currently located within shoreline jurisdiction, when al- ternatives or less impacting ap- proaches are not feasible; iv. Construction of facilities for pub- lic water-dependent uses or public access; when alternatives or less im- pacting approaches are not feasible; and provided, that filling and/or exca- vation are limited to the minimum needed to accommodate the facility; v. Activities incidental to the con- struction or repair of approved shore- line protection facilities, or the repair of existing shoreline protection facili- ties; vi. Approved flood control projects; vii. In conjunction with a stream restoration program including vege- tation restoration; and viii. Activities that are part of a re- medial action plan approved by the Department of Ecology pursuant to the Model Toxics Control Act, the Comprehensive Environmental Re- sponse, Compensation, and Liability Act (CERCLA), or otherwise autho- rized by the Department of Ecology, U.S. Army Corps of Engineers, or other agency with jurisdiction, after review of the proposed fill for compli- ance with the policies and standards of the Shoreline Master Program. c. Review Standards: All landfills and ex- cavations shall be evaluated in terms of all of the following standards: i. The overall value to the public of the results of the fill or excavation site as opposed to the value of the shore- line in its existing state as well as evaluation of alternatives to fill that would achieve some or all of the ob- jectives of the proposal. ii. Effects on ecological functions including, but not limited to, functions of the substrate of streams and lakes and effects on aquatic organisms, in- cluding the food chain, effects on vegetation functions, effects on local currents and erosion and deposition patterns, effects on surface and sub- surface drainage, and effects on flood waters. iii. Whether shoreline stabilization will be necessary to protect materials placed or removed and whether such stabilization meets the policies and standards of the Shoreline Master Program. iv. Whether the landfill or excava- tion will adversely alter the normal flow of flood water, including obstruc- tions of flood overflow channels or swales, after taking into account any compensating flood storage provided by the proposal. v. Whether public or tribal rights to the use and enjoyment of the shore- line and its resources and amenities are impaired. 4-3-090F 3 - 40.49 (Revised 12/11) d. Performance Standards: Perfor- mance standards for fill and excavation include: i. Disturbed areas shall be immedi- ately stabilized and revegetated to avoid or minimize erosion and sedi- mentation impacts, both during initial work and over time. Natural and self- sustaining control methods are pre- ferred over structures. ii. Landfills and excavation shall be designed to blend physically and vi- sually with existing topography. e. Shoreline Conditional Use Re- quired: All fill and excavation waterward of the OHWM not associated with ecolog- ical restoration, flood control or approved shoreline stabilization shall require a Shoreline Conditional Use Permit. 3. Dredging: a. General: Dredging and dredge ma- terial disposal, when permitted, shall be done in a manner which avoids or mini- mizes significant ecological impacts. Im- pacts which cannot be avoided should be mitigated in a manner that assures no net loss of shoreline ecological functions. b. Dredging Limited: Dredging is per- mitted only in cases where the proposal, including any necessary mitigation, will result in no net loss of shoreline ecologi- cal functions and is limited to the follow- ing: i. Establishing, expanding, relocat- ing or reconfiguring navigation chan- nels and basins where necessary to assure safe and efficient accommo- dation of existing navigational uses. Maintenance dredging of established navigation channels and basins shall be restricted to maintaining previ- ously dredged and/or existing autho- rized location, depth, and width. ii. For flood control purposes, when part of a publicly adopted flood con- trol plan. iii. For restoration or enhancement of shoreline ecological functions ben- efiting water quality and/or fish and wildlife habitat and approved by ap- plicable local, State and Federal agencies. iv. For development of approved water-dependent uses provided there are no feasible alternatives. v. Dredging may be permitted where necessary for the develop- ment and maintenance of public shoreline parks and of private shore- lines to which the public is provided access. Dredging may be permitted where additional public access is provided. vi. Maintenance dredging for ac- cess to existing legally established boat moorage slips including public and commercial moorage and moor- age accessory to single family resi- dences; provided, that dredging shall be limited to maintaining the previ- ously dredged and/or existing autho- rized location, depth, and width. Dredging shall be disallowed to maintain depths of existing private moorage where it results in a net loss of ecological functions. vii. Minor trenching to allow the in- stallation of necessary underground pipes or cables if no alternative, in- cluding boring, is feasible, and: (a) Impacts to fish and wildlife habitat are avoided to the maxi- mum extent possible. (b) The utility installation shall not increase or decrease the nat- ural rate, extent, or opportunity of channel migration. (c) Appropriate best manage- ment practices are employed to prevent water quality impacts or other environmental degrada- tion. viii. Dredging is performed pursu- ant to a remedial action plan ap- 4-3-090F (Revised 12/11)3 - 40.50 proved under authority of the Model Toxics Control Act, the Comprehen- sive Environmental Response, Com- pensation, and Liability Act (CERCLA), or pursuant to other au- thorization by the Department of Ecology, U.S. Army Corps of Engi- neers, or other agency with jurisdic- tion, after review of the proposed materials for compliance with the pol- icies and standards of the Shoreline Master Program. ix. Dredging is necessary to correct problems of material distribution and water quality, when such problems are adversely affecting aquatic life or recreational areas. c. Dredging Prohibited: Dredging shall be prohibited in the following cases: i. Dredging shall not be performed within the deltas of the Cedar River and May Creek except for purposes of ecological restoration, for public flood control projects, for water-de- pendent public facilities, or for limited maintenance dredging in conform- ance with this Section. ii. Dredging is prohibited solely for the purpose of obtaining fill or con- struction material. Dredging which is not directly related to those purposes permitted in subsection F3b of this Section is prohibited. iii. Dredging for new moorage is prohibited. iv. Dredging may not be performed to maintain facilities established for water-dependent uses in cases where the primary use is discontin- ued unless the facility meets all stan- dards for a new water-dependent use. v. Dredging of public aquatic lands is prohibited unless approval is granted from the Washington State Department of Natural Resources. d. Review Criteria: i. New development, including the development of associate piers and docks, should be sited and designed to avoid or, if that is not possible, to minimize the need for new and main- tenance dredging. Where alterna- tives such as the utilization of shallow access to mooring buoys is feasible, such measures shall be used. ii. All proposed dredging operations shall be designed by an appropriate State-licensed professional engineer. A stamped engineering report and an assessment of potential impacts on ecological functions shall be pre- pared by qualified consultants and shall be submitted to the Renton Planning Division as part of the appli- cation for a shoreline permit. iii. The responsibility rests solely with the applicant to demonstrate the necessity of the proposed dredging operation. iv. The responsibility rests solely with the applicant to demonstrate that: (a) There will be no net loss of ecological functions including but not limited to adverse effect on aquatic species including fish migration. (b) There will be no adverse impact on recreational areas or public recreation enjoyment of the water. v. Adjacent Bank Protection: (a) When dredging bottom ma- terial of a body of water, the banks shall not be disturbed un- less absolutely necessary. The responsibility rests with the appli- cant to propose and carry out practices to protect the banks. (b) If it is absolutely necessary to disturb the adjacent banks for access to the dredging area, the 4-3-090F 3 - 40.51 (Revised 12/11) responsibility rests with the appli- cant to propose and carry out a method of restoration of the dis- turbed area to a condition mini- mizing erosion and siltation. vi. Avoidance of Adverse Effects: The responsibility rests with the ap- plicant to demonstrate the proposed dredging will avoid conditions that may adversely affect adjacent prop- erties including: (a) Creating a nuisance to the public or nearby activity. (b) Damaging property in or near the area. (c) Causing substantial ad- verse effect to plant, animal, aquatic or human life in or near the area. (d) Endangering public safety in or near the area. vii. The applicant shall demonstrate control of contamination and pollu- tion to water, air, and ground through specific operation and mitigation plans. viii. Disposal of Dredge Material: The applicant shall demonstrate that the disposal of dredged material will not result in net loss of ecological functions or adverse impacts to prop- erties adjacent to the disposal site. (a) The applicant shall provide plans for the location and method of disposing of all dredged material. (b) Dredged material shall not be deposited in a lake, stream, or marine water except if approved as habitat enhancement or other beneficial environmental mitiga- tion as part of ecological restora- tion, a contamination remediation project approved by appropriate State and/or Federal agencies, or is approved in ac- cordance with the Puget Sound Dredged Disposal Analysis eval- uation procedures for managing in-water-disposal of dredged ma- terial by applicable agencies, which may include the U.S. Army Corps of Engineers pursuant to Section 10 (Rivers and Harbors Act) and Section 404 (Clean Wa- ter Act) permits, and Washington State Department of Fish and Wildlife hydraulic project ap- proval. (c) In no instance shall dredged material be stockpiled in a shore- land area that would result in the clearing of native vegetation. Temporary stockpiling of dredged material is limited to one hundred eighty (180) days. (d) If the dredged material is contaminant or pollutant in na- ture, the applicant shall propose and carry out a method of dis- posal that complies with all regu- latory requirements. (e) Permanent land disposal shall demonstrate that: (1) Shoreline ecological func- tions will be preserved, including protection of surface water and groundwater. (2) Erosion, sedimentation, flood waters or runoff will not in- crease adverse impacts to shoreline ecological functions or property. (3) Sites will be adequately screened from view of local resi- dents or passersby on public rights-of-way. (4) The site is not located within a channel migration zone. e. Shoreline Conditional Use Re- quired: Dredging shall require a shore- line conditional use unless associated with existing water-dependent uses, hab- itat enhancement, a remedial action plan approved under the authority of the Com- 4-3-090F (Revised 12/11)3 - 40.52 prehensive Environmental Response, Compensation, and Liability Act (CER- CLA) or the Model Toxics Control Act, or public recreation facilities or uses. 4. Shoreline Stabilization: a. General Criteria for New or Ex- panded Shoreline Stabilization Struc- tures: i. Avoidance of Need for Stabiliza- tion: The need for future shoreline stabilization should be avoided to the extent feasible for new development. New development on steep slopes or bluffs shall be set back sufficiently to ensure that shoreline stabilization is unlikely to be necessary during the life of the structure, as demonstrated by a geotechnical analysis. ii. Significant Impact to Other Prop- erties Prohibited: The need for shoreline stabilization shall be con- sidered in the determination of whether to approve new water-de- pendent uses. Development of new water-dependent uses that would re- quire shoreline stabilization which causes significant impacts to adja- cent or down-current properties and shoreline areas should not be al- lowed. iii. Shoreline Stabilization Alterna- tives Hierarchy: Structural shoreline stabilization measures should be used only when more natural, flexi- ble, nonstructural methods such as vegetative stabilization, beach nour- ishment and bioengineering have been determined infeasible. Alterna- tives for shoreline stabilization should be based on the following hi- erarchy of preference: (a) No action (allow the shore- line to retreat naturally), increase building setbacks, and relocate structures. (b) Flexible defense works con- structed of natural materials in- cluding measures such as soft shore protection, bioengineer- ing, including beach nourish- ment, protective berms, or vegetative stabilization. (c) Flexible defense works, as described above, with rigid works, as described below, con- structed as a protective measure at the buffer line. (d) A combination of rigid works, as described below, and flexible defense works, as de- scribed above. (e) Rigid works constructed of artificial materials such as riprap or concrete. iv. Limited New Shoreline Stabiliza- tion Allowed: New structural stabili- zation measures shall not be allowed except when necessity is demon- strated in one of the following situa- tions: (a) To protect existing primary structures: (1) New or enlarged structural shoreline stabilization measures for an existing primary structure, including residences, should not be allowed unless there is con- clusive evidence, documented by a geotechnical analysis, that the structure is in danger from shoreline erosion caused by cur- rents, or waves within three (3) years, or where waiting until the need is immediate would prevent the opportunity to use measures that avoid impacts on ecological functions. Normal sloughing, erosion of steep bluffs, or shore- line erosion itself, without a sci- entific or geotechnical analysis, is not demonstration of need. The geotechnical analysis should evaluate on-site drainage issues and address drainage problems away from the shore- line edge before considering structural shoreline stabilization if on-site drainage is a cause of 4-3-090F 3 - 40.53 (Revised 12/11) shoreline instability at the site in question. (2) The shoreline stabilization is evaluated by the hierarchy in subsection F4aiii of this Section. (3) The shoreline stabilization structure will not result in a net loss of shoreline ecological func- tions. (4) Measures to reduce shore- line erosion in a channel migra- tion zone (CMZ) require a geomorphic assessment by a Washington-licensed geologist with engineering geology or hy- drogeology specialty license plus experience in conducting fluvial geomorphic assessments. Erosion control measures are only allowed if it is demonstrated that: the erosion rate exceeds that which would normally occur in a natural condition; the mea- sure does not interfere with flu- vial hydrological and geomorphologic processes nor- mally acting in natural condi- tions; and the measure includes appropriate mitigation of impacts to ecological functions associ- ated with the stream. (b) New Development: In sup- port of new development when all six (6) of the conditions listed below apply and are docu- mented by a geotechnical analy- sis: (1) The erosion is not being caused by upland conditions, such as the loss of vegetation and drainage. (2) Nonstructural measures, such as placing the development further from the shoreline, plant- ing vegetation, or installing on- site drainage improvements, are not feasible or not sufficient. (3) The need to protect primary structures from damage due to erosion is demonstrated through a geotechnical report. The dam- age must be caused by natural processes, such as currents and waves. (4) The shoreline stabilization structure is evaluated by the hi- erarchy in subsection F4aiii of this Section. (5) The shoreline stabilization structure together with any com- pensatory mitigation proposed by the applicant and/or required by regulatory agencies is not ex- pected to result in a net loss of shoreline ecological functions. (6) The proposed new devel- opment is not located in a chan- nel migration zone (CMZ). (c) Restoration and Remedia- tion Projects: To protect projects for the restoration of ecological functions or hazardous sub- stance remediation projects pur- suant to chapter 70.105D RCW when both of the conditions be- low apply and are documented by a geotechnical analysis: (1) The shoreline stabilization structure together with any com- pensatory mitigation proposed by the applicant and/or required by regulatory agencies is not ex- pected to result in a net loss of shoreline ecological functions. (2) The shoreline stabilization structure is evaluated by the hi- erarchy in subsection F4aiii of this Section. (d) Protect Navigability: To pro- tect the navigability of a desig- nated harbor area when necessity is demonstrated in the following manner by a geotechni- cal report: (1) Nonstructural measures, planting vegetation, or installing 4-3-090F (Revised 12/11)3 - 40.54 on-site drainage improvements, are not feasible or not sufficient. (2) The shoreline stabilization structure together with any com- pensatory mitigation proposed by the applicant and/or required by regulatory agencies is not ex- pected to result in a net loss of shoreline ecological functions. (3) The shoreline stabilization structure is evaluated by the hi- erarchy in subsection F4aiii of this Section. v. Content of Geotechnical Report: Geotechnical analysis pursuant to this Section that addresses the need to prevent potential damage to a pri- mary structure shall address the ne- cessity for shoreline stabilization by estimating time frames and rates of erosion and report on the urgency associated with the specific situation. The geotechnical analysis shall eval- uate the need and effectiveness of both hard and soft armoring solutions in preventing potential damage to a primary structure. Consideration should be given to permit require- ments of other agencies with jurisdic- tion. vi. Stream Bank Protection Re- quired: New or expanded shoreline stabilization on streams should as- sure that such structures do not un- duly interfere with natural stream processes. The Administrator of the Department of Community and Eco- nomic Development or designee shall review the proposed design for consistency with State guidelines for stream bank protection as it relates to local physical conditions and meet all applicable criteria of the Shoreline Master Program, subject to the fol- lowing: (a) A geotechnical analysis of stream geomorphology both up- stream and downstream shall be performed to assess the physical character and hydraulic energy potential of the specific stream reach and adjacent reaches up- stream or down, and assure that the physical integrity of the stream corridor is maintained, that stream processes are not adversely affected, and that the revetment will not cause signifi- cant damage to other properties or valuable shoreline resources. (b) Revetments or similar hard structures are prohibited on point and channel bars, and in salmon and trout spawning areas, ex- cept for the purpose of fish or wildlife habitat enhancement or restoration. (c) Revetments or similar hard structures shall be placed land- ward of associated wetlands un- less it can be demonstrated that placement waterward of such features would not adversely af- fect ecological functions. (d) Revetments or similar structures shall not be developed on the inside bend of channel banks in a stream except to pro- tect public works, railways and existing structures. (e) Revetments shall be de- signed in accordance with WDFW stream bank protection guidelines. (f) Groins, weirs and other in- water structures may be autho- rized only by Shoreline Condi- tional Use Permit, except for those structures installed to pro- tect or restore ecological func- tions, such as woody debris installed in streams. A geotech- nical analysis of stream geomor- phology both upstream and downstream shall document that alternatives to in-water struc- tures are not feasible. Documen- tation shall establish impacts on ecological functions that must be mitigated to achieve no net loss. 4-3-090F 3 - 40.55 (Revised 12/11) b. Design Criteria for New or Ex- panded Shoreline Stabilization Struc- tures: When any structural shoreline stabilization measures are demonstrated to be necessary, the following design cri- teria shall apply: i. Professional Design Required: Shoreline stabilization measures shall be designed by a qualified pro- fessional. Certification by the design professional may be required to en- sure that installation meets all design parameters. ii. General Requirements: The size of stabilization measures shall be limited to the minimum necessary. Use measures shall be designed to assure no net loss of shoreline eco- logical functions. Soft approaches shall be used unless demonstrated not to be sufficient to protect primary structures, dwellings, and busi- nesses or to meet resource agency permitting conditions. iii. Restriction of Public Access Pro- hibited: Publicly financed or subsi- dized shoreline erosion control measures shall be ensured to not re- strict appropriate public access to the shoreline except where such access is determined to be infeasible be- cause of incompatible uses, safety, security, or harm to ecological func- tions. See public access provisions; WAC 173-26-221(4). Where feasible, ecological restoration and public ac- cess improvements shall be incorpo- rated into the project. iv. Restriction of Navigation Prohib- ited: Shoreline stabilization should not be permitted to unnecessarily in- terfere with public access to public shorelines, nor with other appropri- ate shoreline uses including, but not limited to, navigation, public or pri- vate recreation and Indian treaty rights. v. Aesthetic Qualities to Be Main- tained: Where possible, shoreline stabilization measures shall be de- signed so as not to detract from the aesthetic qualities of the shoreline. vi. Public Access to Be Incorpo- rated: Required restoration and/or public access should be incorporated into the location, design and mainte- nance of shoreline stabilization struc- tures for public or quasi-public developments whenever safely com- patible with the primary purpose. Shore stabilization on publicly owned shorelines should not be allowed to decrease long-term public use of the shoreline. c. Existing Shoreline Stabilization Structures: Existing shoreline stabiliza- tion structures not in compliance with this Code may be retained, repaired, or re- placed if they meet the applicable criteria below: i. Repair of Existing Structures: An existing shoreline stabilization struc- ture may be repaired as long as it serves to perform a shoreline stabili- zation function for a legally estab- lished land use, but shall be subject to the provisions below if the land use for which the shoreline stabilization structure was constructed is aban- doned per RMC 4-10-060, Noncon- forming Uses, or changed to a new use. ii. Additions to Existing Structures: Additions to or increases in size of existing shoreline stabilization mea- sures shall be considered new struc- tures. iii. Changes in Land Use: An exist- ing shoreline stabilization structure established to serve a use that has been abandoned per RMC 4-10-060, Nonconforming Uses, discontinued, or changed to a new use may be re- tained or replaced with a similar structure if: (a) There is a demonstrated need documented by a geotech- nical analysis to protect principal uses or structures from erosion 4-3-090F (Revised 12/11)3 - 40.56 caused by currents or waves; and (b) An evaluation of the exist- ing shoreline stabilization struc- ture in relation to the hierarchy of shoreline stabilization alterna- tives established in subsection F4aiii of this Section shows that a more preferred level of shore- line stabilization is infeasible. In the case of an existing shoreline stabilization structure composed of rigid materials, if alternatives (a) through (c) of the hierarchy in subsection F4aiii of this Section would be infeasible then the ex- isting shoreline stabilization structures could be retained or replaced with a similar structure. iv. Waterward Replacement Pro- hibited for Structures Protecting Res- idences: Replacement walls or bulkheads, if allowed, shall not en- croach waterward of the ordinary high-water mark or existing structure unless the residence was occupied prior to January 1, 1992, and there are overriding safety or environmen- tal concerns. In such cases, the re- placement structure shall abut the existing shoreline stabilization struc- ture. v. Restoration and Maintenance of Soft Shorelines Allowed: Soft shore- line stabilization measures that pro- vide restoration of shoreline ecological functions may be permit- ted waterward of the ordinary high- water mark. Replenishment of sub- strate materials to maintain the spec- ifications of the permitted design may be allowed as maintenance. vi. No Net Loss: Where a net loss of ecological functions associated with critical habitats would occur by leav- ing an existing structure that is being replaced, the structure shall be re- moved as part of the replacement measure. 5. Flood Control: a. Permitted Flood Control Projects: Flood control works shall be permitted when it is demonstrated by engineering and scientific evaluations that: i. They are necessary to protect health, safety and/or existing devel- opment; ii. Nonstructural flood hazard re- duction measures are infeasible; and iii. Measures are consistent with an adopted comprehensive flood haz- ard management plan that evaluates cumulative impacts to the watershed system. b. Prohibited Flood Control Projects: New or expanding development or uses in the shoreline, including subdivision of land, that would likely require new struc- tural flood control works within a stream, channel migration zone, or floodway shall not be allowed. c. Long-Term Compatibility: New or expanded flood control works and in- stream structures should be planned and designed to be compatible with appropri- ate multiple uses of stream resources over the long term, especially in shore- lines of Statewide significance. d. Criteria for Allowing Flood Control Projects: New flood control works should only be allowed in the shoreline if they are necessary to protect existing de- velopment and where nonstructural flood hazard reduction measures are infeasi- ble. e. Native Vegetation: Flood control works should incorporate native vegeta- tion to the extent feasible to enhance ecological functions, create a more natu- ral appearance, improve ecological func- tions, and provide more flexibility for long-term shoreline management. f. Consideration of Alternatives: To minimize flood damages and to maintain natural resources associated with streams, overflow corridors and other al- 4-3-090F 3 - 41 (Revised 5/18) ternatives to traditional bank levees, re- vetments and/or dams shall be consid- ered. Setback levees and similar measures should be employed where they will result in lower flood peaks and velocities, and more effective conserva- tion of resources than with high bank le- vees. On Cedar River Reach D, setting back existing levees to provide for en- hanced natural stream processes may be pursued when adequate provisions are made for protecting existing public and private uses. g. Public Access Required: Flood control works shall provide access to public shorelines whenever possible, un- less it is demonstrated that public access would cause unavoidable public health and safety hazards, security problems, unmitigatable ecological impacts, un- avoidable conflicts with proposed uses, or unreasonable cost. At a minimum, flood control works should not decrease public access or use potential of shore- lines. 6. Stream Alteration: a. Definition of Stream Alteration: Stream alteration is the relocation or change in the flow of a river, stream or creek. b. Alterations to Be Minimized: Stream alteration shall be minimized, and when allowed should change natural stream processes as little as possible. c. Allowed if No Feasible Alternative: Unless otherwise prohibited by subsec- tion E10 of this Section, Transportation, and subsection E11 of this Section, Utili- ties, stream alteration may be allowed for transportation and utility crossings and in-stream structures only where there is no feasible alternative. d. Allowed for Flood Hazard Reduc- tion: Stream alteration may be permitted if it is part of a public flood hazard reduc- tion program or a habitat enhancement project approved by appropriate State and/or Federal agencies. e. Prohibited Alterations: Stream al- teration solely for the purpose of enlarg- ing the developable portion of a parcel of land or increasing the economic potential of a parcel of land is prohibited. f. Detriment to Adjacent Parcels Pro- hibited: Stream alteration is prohibited if it would be significantly detrimental to ad- jacent parcels. g. Applicant’s Responsibility: The applicant has the sole responsibility to demonstrate the necessity of the pro- posal and compliance with the criteria of the Shoreline Master Program. h. Professional Design Required: All proposed stream alterations shall be de- signed by an appropriately State-li- censed professional engineer. The design shall be submitted with a supple- mental lake/stream study to the Planning Division as part of the application. i. Impacts to Aquatic Life to Be Mini- mized: The design, timing and the meth- ods employed will have minimal adverse effects on aquatic life, including minimiz- ing erosion, sedimentation and other pol- lution during and after construction. j. Flow Levels to Be Maintained: The project must be designed so that the low flow is maintained and fish escapement is provided for. k. Conditional Use Required in a Channel Migration Zone (CMZ): Stream alterations within a channel mi- gration zone require a Shoreline Condi- tional Use Permit. (Ord. 5633, 10-24-2011) 4-3-095 (Deleted by Ord. 5286, 5-14-2007) 4-3-100A (Revised 5/18)3 - 42 4-3-100 URBAN DESIGN REGULATIONS: A. PURPOSE: 1. These urban design regulations are es- tablished in accordance with and to imple- ment policies established in the Land Use Element of the Comprehensive Plan. These standards are divided into seven (7) areas: a. Site design and building location; b. Parking and vehicular access; c. Pedestrian environment; d. Recreation Areas and Common Open Space; e. Building Architectural Design; f. Signage; g. Lighting. 2. This Section lists elements that are re- quired to be included in all development in the zones stated in subsection B1 of this Section. Each element includes an intent statement, guidelines, and standards. In order to provide predictability, standards are provided. These standards specify a prescriptive manner in which the requirement can be met. In order to provide flexibility, guidelines are also stated for each element. The guidelines and the in- tent statement provide direction for those who seek to meet the required element in a manner that is different from the standards. a. The determination as to the satisfac- tion of the requirement through the use of the guidelines and the intent statement is to be made by the Community and Eco- nomic Development Administrator. b. If the Administrator determines that an alternative to the prescriptive standard meets the applicable guidelines and in- tent, the applicant shall not be required to demonstrate compliance with the stan- dard. (Ord. 5029, 11-24-2003; Ord. 5124, 2-7-2005; Ord. 5286, 5-14-2007; Ord. 5355, 2-25-2008; Ord. 5531, 3-8-2010; Ord. 5572, 11-15-2010; Ord. 5676, 12-3-2012; Ord. 5759, 6-22-2015) B. APPLICABILITY AND CONFLICTS: 1. Applicability: a. The following development activities shall be required to comply with the pro- visions of this Section: i. All subdivisions including short plats; ii. All new structures; iii. Conversion of vacant land (e.g., to parking or storage lots); iv. Conversion of a residential use to a nonresidential use; v. Alterations, enlargements, and/ or restorations of nonconforming structures pursuant to RMC 4-10-050, Nonconforming Struc- tures. vi. Exterior modifications such as facade changes, windows, awnings, signage, etc., shall comply with the design requirements for the new por- tion of the structure, sign, or site im- provement. b. Any of the activities listed in subsec- tion B1a of this Section and occurring in the following overlay areas or zones shall be required to comply with the provisions of this Section: i. District ‘A’: All areas zoned Cen- ter Downtown (CD). ii. District ‘B’: All areas zoned Residential Multi-Family (RMF). iii. District ‘C’: All areas zoned Ur- ban Center (UC) or Commercial Of- fice Residential (COR). iv. District ‘D’: All areas zoned Center Village (CV) or Commercial Arterial (CA), Commercial Neighbor- hood (CN), and mixed use buildings with attached dwelling units in the 4-3-100E 3 - 43 (Revised 5/18) Commercial Office (CO) Zone, ex- cept for those properties included in the Automall District and used for small vehicle sales or a secondary use identified in RMC 4-3-040C1, Uses Permitted in the Renton Auto- mall District. (Ord. 5572, 11-15-2010; Ord. 5675, 12-3-2012; Ord. 5743, 1- 12-2015; Ord. 5759, 6-22-2015; Ord. 5839, 6-12-2017; Ord. 5867, 12-11- 2017) 2. Conflicts: Where there are conflicts be- tween the design requirements in subsection E of this Section and other sections of the Renton Municipal Code, the regulations of this Section shall prevail. (Amd. Ord. 4991, 12-9-2002; Ord. 5029, 11-24-2003; Ord. 5124, 2-7-2005; Ord. 5191, 12-12-2005; Ord. 5286, 5-14-2007; Ord. 5331, 12-10-2007; Ord. 5355, 2-25-2008; Ord. 5369, 4-14-2008; Ord. 5437, 12-8-2008; Ord. 5518, 12-14-2009; Ord. 5531, 3-8-2010; Ord. 5649, 12-12-2011) C. EXEMPTIONS: The design regulations shall not apply to: 1. Interior Remodels: Interior remodels of existing buildings or structures provided the alterations do not modify the building facade. 2. Aircraft Manufacturing: Structures re- lated to the existing use of aircraft manufac- turing in District ‘C.’ (Ord. 5124, 2-7-2005; Ord. 5286, 5-14-2007) D. ADMINISTRATION: 1. Review Process: Applications subject to design regulations shall be processed as a component of the governing land use pro- cess. 2. Authority: The Community and Eco- nomic Development Administrator shall have the authority to approve, approve with condi- tions, or deny proposals based upon the pro- visions of the design regulations when no other permit or approval requires Hearing Ex- aminer review. Proposals will be considered on the basis of individual merit, the overall in- tent of the minimum standards and guide- lines, and creative design alternatives will be encouraged in order to achieve the purposes of the design regulations. (Amd. Ord. 4991, 12-9-2002; Ord. 5029, 11-24-2003; Ord. 5124, 2-7-2005; Ord. 5286, 5-14-2007; Ord. 5676, 12-3-2012) E. REQUIREMENTS: 1. Site Design and Building Location: Intent: To ensure that buildings are located in relation to streets and other buildings so that the Vision of the City of Renton can be real- ized for a high-density urban environment; so that businesses enjoy visibility from public rights-of-way; and to encourage pedestrian activity. 4-3-100E (Revised 5/18)3 - 44/46 BUILDING LOCATION AND ORIENTATION Intent: To ensure visibility of businesses and to establish active, lively uses along sidewalks and pedestrian pathways. To organize buildings for pedestrian use and so that natural light is available to other structures and open space. To ensure an appropriate transition between buildings, parking areas, and other land uses; and increase privacy for residential uses. Guidelines: Developments shall enhance the mutual relationship of buildings with each other, as well as with the roads, open space, and pedestrian amenities while working to create a pedestrian oriented environment. Lots shall be configured to encourage variety and so that natural light is available to buildings and open space. The privacy of individuals in residential uses shall be provided for. Standards: Districts A, B, and D All of the following are required: 1. The availability of natural light (both direct and reflected) and direct sun exposure to nearby buildings and open space (except parking areas) shall be considered when siting structures. 2. Buildings shall be oriented to the street with clear connections to the sidewalk. 3. The front entry of a building shall be oriented to the street or a landscaped pedestrian-only courtyard. 4. Buildings with residential uses located at the street level shall be: a. Set back from the sidewalk a minimum of ten feet (10') and feature substantial landscaping between the sidewalk and the building (illustration below); or b. Have the ground floor residential uses raised above street level for residents’ privacy. 4-3-100E 3 - 47 (Revised 4/11) District C All of the following are required: 1. The availability of natural light (both direct and reflected) and direct sun exposure to nearby buildings and open space (except parking areas) shall be considered when siting structures. 2. Commercial mixed-use buildings shall contain pedestrian-oriented uses, feature “pedestrian-oriented facades,” and have clear connections to the sidewalk (illustration below). 3. Office buildings shall have pedestrian-oriented facades. In limited circumstances the Department may allow facades that do not feature a pedestrian orientation; if so, substantial landscaping between the sidewalk and building shall be provided. Such landscaping shall be at least ten feet (10') in width as measured from the sidewalk (illustration below). 4-3-100E (Revised 4/11)3 - 48 4. Residential and mixed-use buildings containing street-level residential uses and single-purpose residential buildings shall be: a. Set back from the sidewalk a minimum of ten feet (10') and feature substantial landscaping between the sidewalk and the building (illustration below); or b. Have the ground floor residential uses raised above street level for residents’ privacy. 4-3-100E 3 - 49 (Revised 4/11) BUILDING ENTRIES Intent: To make building entrances convenient to locate and easy to access, and ensure that building entries further the pedestrian nature of the fronting sidewalk and the urban character of the district. Guidelines: Primary entries shall face the street, serve as a focal point, and allow space for social interaction. All entries shall include features that make them easily identifiable while reflecting the architectural character of the building. The primary entry shall be the most visually prominent entry. Pedestrian access to the building from the sidewalk, parking lots, and/or other areas shall be provided and shall enhance the overall quality of the pedestrian experience on the site. Standards: All Districts All of the following are required: 1. The primary entrance of each building shall be: a. Located on the facade facing a street, shall be prominent, visible from the street, connected by a walkway to the public sidewalk, and include human-scale elements; and b. Made visibly prominent by incorporating architectural features such as a facade overhang, trellis, large entry doors, and/or ornamental lighting (illustration below). 4-3-100E (Revised 4/11)3 - 50 2. Building entries from a street shall be clearly marked with canopies, architectural elements, ornamental lighting, or landscaping and include weather protection at least four and one-half feet (4-1/2') wide (illustration below). Buildings that are taller than thirty feet (30') in height shall also ensure that the weather protection is proportional to the distance above ground level. 3. Building entries from a parking lot shall be subordinate to those related to the street. 4. Features such as entries, lobbies, and display windows shall be oriented to a street or pedestrian-oriented space; otherwise, screening or decorative features should be incorporated. 5. Multiple buildings on the same site shall direct views to building entries by providing a continuous network of pedestrian paths and open spaces that incorporate landscaping. 6. Ground floor residential units that are directly accessible from the street shall include: a. Entries from front yards to provide transition space from the street; or b. Entries from an open space such as a courtyard or garden that is accessible from the street. 4-3-100E 3 - 51 (Revised 3/17) TRANSITION TO SURROUNDING DEVELOPMENT Intent: To shape redevelopment projects so that the character and value of Renton’s long-established, existing neighborhoods are preserved. Guidelines: Careful siting and design treatment shall be used to achieve a compatible transition where new buildings differ from surrounding development in terms of building height, bulk and scale. Standards: Districts A, B, and D At least one of the following design elements shall be used to promote a transition to surrounding uses: 1. Building proportions, including step-backs on upper levels in accordance with the surrounding planned and existing land use forms; or 2. Building articulation to divide a larger architectural element into smaller increments; or 3. Roof lines, roof pitches, and roof shapes designed to reduce apparent bulk and transition with existing development. Additionally, the Administrator may require increased setbacks at the side or rear of a building in order to reduce the bulk and scale of larger buildings and/or so that sunlight reaches adjacent and/or abutting yards. District C Both of the following are required: 1. For properties along North 6th Street and Logan Avenue North (between North 4th Street and North 6th Street), applicants shall demonstrate how their project provides an appropriate transition to the long-established, existing residential neighborhood south of North 6th Street known as the North Renton Neighborhood. 2. For properties located south of North 8th Street, east of Garden Avenue North, applicants must demonstrate how their project appropriately provides transitions to existing industrial uses. 4-3-100E (Revised 3/17)3 - 52 SERVICE ELEMENT LOCATION AND DESIGN Intent: To reduce the potential negative impacts of service elements (i.e., waste receptacles, loading docks) by locating service and loading areas away from pedestrian areas, and screening them from view in high visibility areas. Guidelines: Service elements shall be concentrated and located so that impacts to pedestrians and other abutting uses are minimized. The impacts of service elements shall be mitigated with landscaping and an enclosure with fencing that is made of quality materials. Service areas not adjacent to streets, pathways, or pedestrian-oriented spaces are encouraged to implement vegetative screening in addition to or as part of service enclosures. Standards: All Districts All of the following are required: 1. Service elements shall be located and designed to minimize the impacts on the pedestrian environment and adjacent and/or abutting uses. Service elements shall be concentrated and located where they are accessible to service vehicles and convenient for tenant use. 2. In addition to standard enclosure requirements, garbage, recycling collection, and utility areas shall be enclosed on all sides, include a roof and be screened around their perimeter by a wall or fence and have self-closing doors (illustration below). 3. Service enclosures shall be made of masonry, ornamental metal or wood, or some combination of the three (3). 4. If the service area is adjacent to a street, pathway, or pedestrian-oriented space, a landscaped planting strip, minimum three feet (3') wide, shall be located on three (3) sides of such facility. 4-3-100E 3 - 53 (Revised 3/17) GATEWAYS Intent: To distinguish gateways as primary entrances to districts or to the City, special design features and architectural elements at gateways should be provided. While gateways should be distinctive within the context of the district, they should also be compatible with the district in form and scale. Guidelines: Development that occurs at gateways shall be distinguished with features that visually indicate to both pedestrians and vehicular traffic the uniqueness and prominence of their locations in the City. Examples of these types of features include monuments, public art, and public plazas. Standards: Districts C and D All of the following are required: 1. Developments located at district gateways shall be marked with visually prominent features (illustration below). 4-3-100E (Revised 3/17)3 - 54 (Ord. 5676, 12-3-2012; Ord. 5828, 12-12-2016) 2. Gateway elements shall be oriented toward and scaled for both pedestrians and vehicles (illustration below). 3. Visual prominence shall be distinguished by two (2) or more of the following: a. Public art; b. Special landscape treatment; c. Open space/plaza; d. Landmark building form; e. Special paving, unique pedestrian scale lighting, or bollards; f. Prominent architectural features (trellis, arbor, pergola, or gazebo); g. Neighborhood or district entry identification (commercial signs do not qualify). 4-3-100E 3 - 55 (Revised 3/13) 2. Parking and Vehicular Access: Intent: To provide safe, convenient access; incorporate various modes of transportation, including public transit, in order to reduce traffic volumes and other impacts from vehicles; ensure sufficient parking is provided, while encouraging creativity in reducing the impacts of parking areas; allow an active pedes- trian environment by maintaining contiguous street frontages, without parking lot siting along sidewalks and building facades; minimize the visual impact of parking lots; and use access streets and parking to maintain an urban edge to the district. SURFACE PARKING Intent: To maintain active pedestrian environments along streets by placing parking lots primarily in back of buildings. Guidelines: Surface parking shall be located and designed so as to reduce the visual impact of the parking area and associated vehicles. Large areas of surface parking shall also be designed to accommodate future infill development. Standards: Districts A, B, and D Both of the following are required: 1. Parking shall be located so that no surface parking is located between: a. A building and the front property line; and/or b. A building and the side property line (when on a corner lot). 2. Parking shall be located so that it is screened from surrounding streets by buildings, landscaping, and/or gateway features as dictated by location. District C All of the following are required: 1. Parking shall be at the side and/or rear of a building and may not occur between the building and the street. However, if due to the constraints of the site, parking cannot be provided at the side or rear of the building, the Administrator may allow parking to occur between the building and the street. If parking is allowed to occur between the building and the street, no more than sixty feet (60') of the street frontage measured parallel to the curb shall be occupied by off-street parking and vehicular access. 2. Parking shall be located so that it is screened from surrounding streets by buildings, landscaping, and/or gateway features as dictated by location. 3. Surface parking lots shall be designed to facilitate future structured parking and/or other infill development. For example, provision of a parking lot with a minimum dimension on one side of two hundred feet (200') and one thousand five hundred feet (1,500') maximum perimeter area. Exception: If there are size constraints inherent in the original parcel. 4-3-100E (Revised 3/13)3 - 56 STRUCTURED PARKING GARAGES Intent: To promote more efficient use of land needed for vehicle parking; encourage the use of structured parking; physically and visually integrate parking garages with other uses; and reduce the overall impact of parking garages. Guidelines: Parking garages shall not dominate the streetscape; they shall be designed to be complementary with adjacent and abutting buildings. They shall be sited to complement, not subordinate, pedestrian entries. Similar forms, materials, and/or details to the primary building(s) should be used to enhance garages. Standards: All Districts All of the following are required: 1. Parking structures shall provide space for ground floor commercial uses along street frontages at a minimum of seventy five percent (75%) of the building frontage width (illustration below). 2. The entire public facing facade shall be pedestrian-oriented. The Administrator may approve parking structures that do not feature a pedestrian orientation in limited circumstances. If allowed, the structure shall be set back at least six feet (6') from the sidewalk and feature substantial landscaping. This landscaping shall include a combination of evergreen and deciduous trees, shrubs, and ground cover. This setback shall be increased to ten feet (10') when abutting a primary arterial and/or minor arterial. 4-3-100E 3 - 57 (Revised 3/17) 3. Public facing facades shall be articulated by arches, lintels, masonry trim, or other architectural elements and/or materials (illustration below). 4. The entry to the parking garage shall be located away from the primary street, to either the side or rear of the building. 5. Parking garages at grade shall include screening or be enclosed from view with treatment such as walls, decorative grilles, trellis with landscaping, or a combination of treatments. 6. The Administrator may allow a reduced setback where the applicant can successfully demonstrate that the landscaped area and/or other design treatment meets the intent of these standards and guidelines. Possible treatments to reduce the setback include landscaping components plus one or more of the following integrated with the architectural design of the building: a. Ornamental grillwork (other than vertical bars); b. Decorative artwork; c. Display windows; d. Brick, tile, or stone; e. Pre-cast decorative panels; f. Vine-covered trellis; g. Raised landscaping beds with decorative materials; or h. Other treatments that meet the intent of this standard. VEHICULAR ACCESS Intent: To maintain a contiguous and uninterrupted sidewalk by minimizing, consolidating, and/or eliminating vehicular access off streets. Guidelines: Vehicular access to parking garages and parking lots shall not impede or interrupt pedestrian mobility. The impacts of curb cuts to pedestrian access on sidewalks shall be minimized. Standards: Districts A, B, and D The following is required: 1. Access to parking lots and garages shall be from alleys, when available. If not available, access shall occur at side streets. 2. The number of driveways and curb cuts shall be minimized for vehicular access purposes, so that pedestrian circulation along the sidewalk is minimally impeded. 4-3-100E (Revised 3/17)3 - 58 (Ord. 5676, 12-3-2012; Ord. 5828, 12-12-2016) 3. Pedestrian Environment: Intent: To enhance the urban character of development by creating pedestrian networks and by provid- ing strong links from streets and drives to building entrances; make the pedestrian environment safe, convenient, comfortable, and pleasant to walk between businesses, on sidewalks, to and from access points, and through parking lots; and promote the use of multi-modal and public transportation systems in order to reduce other vehicular traffic. District C Both of the following are required: 1. Parking garages shall be accessed at the rear of buildings. 2. Parking lot entrances, driveways, and other vehicular access points shall be restricted to one entrance and exit lane per five hundred (500) linear feet as measured horizontally along the street. PEDESTRIAN CIRCULATION Intent: To create a network of linkages for pedestrians, that is safe and convenient, enhances the pedestrian environment, and provides a way for pedestrians to walk from one location to another without having to drive their vehicle. Guidelines: The pedestrian environment shall be given priority and importance in the design of projects. Sidewalks and/or pathways shall be provided and shall provide safe access to buildings from parking areas. Providing pedestrian connections to abutting properties is an important aspect of connectivity and encourages pedestrian activity and shall be considered. Pathways shall be easily identifiable to pedestrians and drivers. Standards: Districts A, C, and D All of the following are required: 1. A pedestrian circulation system of pathways that are clearly delineated and connect buildings, open space, and parking areas with the sidewalk system and abutting properties shall be provided. a. Pathways shall be located so that there are clear sight lines, to increase safety. b. Pathways shall be an all-weather or appropriate permeable walking surface material, unless the applicant can demonstrate that the proposed surface is appropriate for the anticipated number of users and complementary to the design of the development. 4-3-100E 3 - 59 (Revised 3/17) 2. Pathways within parking areas shall be provided and differentiated by material or texture (i.e., raised walkway, stamped concrete, or pavers) from abutting paving materials (illustration below). Permeable materials are encouraged. The pathways shall be perpendicular to the applicable building facade and no greater than one hundred fifty feet (150') apart. 3. Sidewalks and pathways along the facades of buildings shall be of sufficient width to accommodate anticipated numbers of users. Specifically: a. Sidewalks and pathways along the facades of mixed use and retail buildings one hundred (100) or more feet in width (measured along the facade) shall provide sidewalks at least twelve feet (12') in width. The pathway shall include an eight- foot (8') minimum unobstructed walking surface. b. Interior pathways shall be provided and shall vary in width to establish a hierarchy. The widths shall be based on the intended number of users; to be no smaller than five feet (5') and no greater than twelve feet (12'). 4. Mid-block connections between buildings shall be provided. All Districts 5. Permeable pavement pedestrian circulation features shall be used where feasible, consistent with the Surface Water Design Manual. 4-3-100E (Revised 3/17)3 - 60 PEDESTRIAN AMENITIES Intent: To create attractive spaces that unify the building and street environments and are inviting and comfortable for pedestrians; and provide publicly accessible areas that function for a variety of year-round activities, under typical seasonal weather conditions. Guidelines: The pedestrian environment shall be given priority and importance in the design of projects. Amenities that encourage pedestrian use and enhance the pedestrian experience shall be included. Standards: District B All of the following are required: 1. Architectural elements that incorporate plants, particularly at building entrances, in publicly accessible spaces and at facades along streets, shall be provided. 2. Amenities such as outdoor group seating, benches, transit shelters, fountains, and public art shall be provided. a. Site furniture shall be made of durable, vandal- and weather-resistant materials that do not retain rainwater and can be reasonably maintained over an extended period of time. b. Site furniture and amenities shall not impede or block pedestrian access to public spaces or building entrances. 4-3-100E 3 - 61 (Revised 3/17) (Ord. 5828, 12-12-2016) 4. Recreation Areas and Common Open Space: Districts C and D All of the following are required: 1. Architectural elements that incorporate plants, particularly at building entrances, in publicly accessible spaces and at facades along streets, shall be provided. 2. Amenities such as outdoor group seating, benches, transit shelters, fountains, and public art shall be provided. a. Site furniture shall be made of durable, vandal- and weather-resistant materials that do not retain rainwater and can be reasonably maintained over an extended period of time. b. Site furniture and amenities shall not impede or block pedestrian access to public spaces or building entrances. 3. Pedestrian overhead weather protection in the form of awnings, marquees, canopies, or building overhangs shall be provided. These elements shall be a minimum of four and one-half feet (4-1/2') wide along at least seventy five percent (75%) of the length of the building facade facing the street, a maximum height of fifteen feet (15') above the ground elevation, and no lower than eight feet (8') above ground level. RECREATION AREAS AND COMMON OPEN SPACE Intent: To ensure that areas for both passive and active recreation are available to residents, workers, and visitors and that these areas are of sufficient size for the intended activity and in convenient locations. To create usable and inviting open space that is accessible to the public; and to promote pedestrian activity on streets particularly at street corners. Guidelines: Developments located at street intersections should provide pedestrian-oriented space at the street corner to emphasize pedestrian activity (illustration below). Recreation and common open space areas are integral aspects of quality development that encourage pedestrians and users. These areas shall be provided in an amount that is adequate to be functional and usable; they shall also be landscaped and located so that they are appealing to users and pedestrians. 4-3-100E (Revised 3/17)3 - 62 Standards: Districts A, C, and D All of the following are required: 1. All mixed use residential and attached housing developments of ten (10) or more dwelling units shall provide common open space and/or recreation areas. a. At minimum, fifty (50) square feet per unit shall be provided. b. The location, layout, and proposed type of common space or recreation area shall be subject to approval by the Administrator. c. Open space or recreation areas shall be located to provide sun and light exposure to the area and located so that they are aggregated to provide usable area(s) for residents. d. For projects with more than one hundred (100) dwelling units, vegetated low impact development facilities may be used in required or provided open space where feasible and designed consistent with the Surface Water Design Manual. Such facilities shall be counted towards no more than fifty percent (50%) of the required open space. e. At least one of the following shall be provided in each open space and/or recreation area (the Administrator may require more than one of the following elements for developments having more than one hundred (100) units): i. Courtyards, plazas, pea-patches, or multi-purpose open spaces; ii. Upper level common decks, patios, terraces, or roof gardens. Such spaces above the street level must feature views or amenities that are unique to the site and are provided as an asset to the development; iii. Pedestrian corridors dedicated to passive recreation and separate from the public street system; iv. Recreation facilities including, but not limited to, tennis/sports courts, swimming pools, exercise areas, game rooms, or other similar facilities; or v. Children’s play spaces that are centrally located near a majority of dwelling units and visible from surrounding units. They shall also be located away from hazardous areas such as garbage dumpsters, drainage facilities, and parking areas. f. The following shall not be counted toward the common open space or recreation area requirement: i. Required landscaping, driveways, parking, or other vehicular use areas. 4-3-100E 3 - 63 (Revised 3/17) ii. Required yard setback areas. Except for areas that are developed as private or semi-private (from abutting or adjacent properties) courtyards, plazas or passive use areas containing landscaping and fencing sufficient to create a fully usable area accessible to all residents of the development (illustration below). iii. Private decks, balconies, and private ground floor open space. iv. Other required landscaping and sensitive area buffers without common access links, such as pedestrian trails. 2. All buildings and developments with over thirty thousand (30,000) square feet of nonresidential uses (excludes parking garage floorplate areas) shall provide pedestrian-oriented space. a. The pedestrian-oriented space shall be provided according to the following formula: 1% of the site area + 1% of the gross building area, at minimum. b. The pedestrian-oriented space shall include all of the following: i. Visual and pedestrian access (including barrier-free access) to the abutting structures from the public right-of-way or a nonvehicular courtyard; and ii. Paved walking surfaces of either concrete or approved unit paving; and iii. On-site or building-mounted lighting providing at least four (4) foot-candles (average) on the ground; and iv. At least three (3) lineal feet of seating area (bench, ledge, etc.) or one individual seat per sixty (60) square feet of plaza area or open space. c. The following areas shall not count as pedestrian-oriented space: i. The minimum required walkway. However, where walkways are widened or enhanced beyond minimum requirements, the area may count as pedestrian- oriented space if the Administrator determines such space meets the definition of pedestrian-oriented space. 4-3-100E (Revised 3/17)3 - 64 ii. Areas that abut landscaped parking lots, chain link fences, blank walls, and/or dumpsters or service areas. d. Outdoor storage (shopping carts, potting soil bags, firewood, etc.) is prohibited within pedestrian-oriented space. 3. Open space substitution: see RMC 4-1-240. District B The following is required: All attached housing developments shall provide at least one hundred fifty (150) square feet of private usable space per unit. 1. At least one hundred (100) square feet of the private space shall abut each unit. 2. Private space may include porches, balconies, yards, and decks. All Districts All of the following are required: 1. Public plazas shall be provided at intersections identified in the Commercial Arterial Zone Public Plaza Locations Map and as listed below. 2. The plaza shall measure no less than one thousand (1,000) square feet with a minimum dimension of twenty feet (20') on one side abutting the sidewalk. 3. The public plaza must be landscaped consistent with RMC 4-4-070, including at minimum street trees, decorative paving, pedestrian-scaled lighting, and seating. Vegetated low impact development facilities may be used in the plaza where feasible and designed consistent with the Surface Water Design Manual. Such facilities shall count towards no more than fifty percent (50%) of the plaza requirement. 4. Public plazas are to be provided at the following intersections: a. Benson Area: Benson Drive S./108th Avenue S.E. and S.E. 176th. b. Bronson Area: Intersections with Bronson Way North at: i. Factory Avenue N./Houser Way S.; ii. Garden Avenue N.; and iii. Park Avenue N. and N. First Street. c. Cascade Area: Intersection of 116th Avenue S.E. and S.E. 168th Street. d. Northeast Fourth Area: Intersections with N.E. Fourth at: i. Duvall Avenue N.E.; ii. Monroe Avenue N.E.; and iii. Union Avenue N.E. e. Grady Area: Intersections with Grady Way at: i. Lind Avenue S.W.; ii. Rainier Avenue S.; iii. Shattuck Avenue S.; and iv. Talbot Road S. f. Puget Area: Intersection of S. Puget Drive and Benson Road S. g. Rainier Avenue Area: Intersections with Rainier Avenue S. at: i. Airport Way/Renton Avenue S.; ii. S. Second Street; iii. S. Third Street/S.W. Sunset Boulevard; iv. S. Fourth Street; and v. S. Seventh Street. 4-3-100E 3 - 65 (Revised 3/17) (Ord. 5591, 2-28-2011; Ord. 5676, 12-3-2012; Ord. 5828, 12-12-2016) 5. Building Architectural Design: Intent: To encourage building design that is unique and urban in character, comfortable on a human scale, and uses appropriate building materials that are suitable for the Pacific Northwest climate and to discourage franchise retail architecture. h. North Renton Area: Intersections with Park Avenue N. at: i. N. Fourth Street; and ii. N. Fifth Street. i. Northeast Sunset Area: Intersections with N.E. Sunset Boulevard at: i. Duvall Avenue N.E.; and ii. Union Avenue N.E. BUILDING CHARACTER AND MASSING Intent: To ensure that buildings are not bland and so that they appear to be at a human scale, as well as to ensure that all sides of a building which can be seen by the public are visually interesting. Guidelines: Building facades shall be modulated and/or articulated to reduce the apparent size of buildings, break up long blank walls, add visual interest, and enhance the character of the neighborhood. Articulation, modulation, and their intervals should create a sense of scale important to residential buildings. Standards: Districts A and D Both of the following are required: 1. All building facades shall include modulation or articulation at intervals of no more than forty feet (40'). 2. Modulations shall be a minimum of two feet (2') deep, sixteen feet (16') in height, and eight feet (8') in width. 3. Buildings greater than one hundred sixty feet (160') in length shall provide a variety of modulations and articulations to reduce the apparent bulk and scale of the facade (illustration in District B, below); or provide an additional special feature such as a clock tower, courtyard, fountain, or public gathering area. 4-3-100E (Revised 3/17)3 - 66 District B All of the following are required: 1. All building facades shall include modulation or articulation at intervals of no more than twenty feet (20'). 2. Modulations shall be a minimum of two feet (2') in depth and four feet (4') in width. 3. Buildings greater than one hundred sixty feet (160') in length shall provide a variety of modulations and articulations to reduce the apparent bulk and scale of the facade (illustration below); or provide an additional special feature such as a clock tower, courtyard, fountain, or public gathering area. District C All of the following are required: 1. All building facades shall include measures to reduce the apparent scale of the building and add visual interest. Examples include modulation, articulation, defined entrances, and display windows (illustration below). 2. All buildings shall be articulated with one or more of the following: a. Defined entry features; b. Bay windows and/or balconies; 4-3-100E 3 - 67 (Revised 3/13) c. Roof line features; or d. Other features as approved by the Administrator. 3. Single purpose residential buildings shall feature building modulation as follows (illustration below): a. The maximum width (as measured horizontally along the building’s exterior) without building modulation shall be forty feet (40'). b. The minimum width of modulation shall be fifteen feet (15'). c. The minimum depth of modulation shall be greater than six feet (6'). 4. All buildings greater than one hundred sixty feet (160') in length shall provide a variety of modulations and articulations to reduce the apparent bulk and scale of the facade (as illustrated in District B above); or provide an additional special design feature such as a clock tower, courtyard, fountain, or public gathering area. 4-3-100E (Revised 3/13)3 - 68 GROUND LEVEL DETAILS Intent: To ensure that buildings are visually interesting and reinforce the intended human-scale character of the pedestrian environment; and ensure that all sides of a building within near or distant public view have visual interest. Guidelines: The use of material variations such as colors, brick, shingles, stucco, and horizontal wood siding is encouraged. The primary building entrance should be made visibly prominent by incorporating architectural features such as a facade overhang, trellis, large entry doors, and/or ornamental lighting (illustration below). Detail features should also be used, to include things such as decorative entry paving, street furniture (benches, etc.), and/or public art. Standards: All Districts All of the following are required: 1. Human-scaled elements such as a lighting fixture, trellis, or other landscape feature shall be provided along the facade’s ground floor. 2. Any facade visible to the public shall be comprised of at least fifty percent (50%) transparent windows and/or doors for at least the portion of the ground floor facade that is between four feet (4') and eight feet (8') above ground (as measured on the true elevation). 3. Upper portions of building facades shall have clear windows with visibility into and out of the building. However, screening may be applied to provide shade and energy efficiency. The minimum amount of light transmittance for windows shall be fifty percent (50%). 4. Display windows shall be designed for frequent change of merchandise, rather than permanent displays. 5. Where windows or storefronts occur, they must principally contain clear glazing. All of the following are prohibited: 1. Tinted and dark glass, highly reflective (mirror-type) glass and film. 2. Untreated blank walls visible from public streets, sidewalks, or interior pedestrian pathways. 4-3-100E 3 - 69 (Revised 4/11) a. A wall (including building facades and retaining walls) is considered a blank wall if: i. It is a ground floor wall or portion of a ground floor wall over six feet (6') in height, has a horizontal length greater than fifteen feet (15'), and does not include a window, door, building modulation or other architectural detailing; or ii. Any portion of a ground floor wall has a surface area of four hundred (400) square feet or greater and does not include a window, door, building modulation or other architectural detailing. b. If blank walls are required or unavoidable, they shall be treated. The treatment shall be proportional to the wall and use one or more of the following (illustration below): i. A planting bed at least five feet (5') in width abutting the blank wall that contains trees, shrubs, evergreen ground cover, or vines; ii. Trellis or other vine supports with evergreen climbing vines; iii. Architectural detailing such as reveals, contrasting materials, or other special detailing that meets the intent of this standard; iv. Artwork, such as bas-relief sculpture, mural, or similar; or v. Seating area with special paving and seasonal planting. 4-3-100E (Revised 4/11)3 - 70 BUILDING ROOF LINES Intent: To ensure that roof forms provide distinctive profiles and interest consistent with an urban project and contribute to the visual continuity of the district. Guidelines: Building roof lines shall be varied and include architectural elements to add visual interest to the building. Standards: Districts A, C, and D The following is required: At least one of the following elements shall be used to create varied and interesting roof profiles (illustration below): 1. Extended parapets; 2. Feature elements projecting above parapets; 3. Projected cornices; 4. Pitched or sloped roofs. 5. Roof mounted mechanical equipment shall not be visible to pedestrians. 6. Buildings containing predominantly residential uses shall have pitched roofs with a minimum slope of one to four (1:4) and shall have dormers or interesting roof forms that break up the massiveness of an uninterrupted sloping roof. 4-3-100E 3 - 71 (Revised 3/13) (Ord. 5676, 12-3-2012) 6. Signage: In addition to the City’s standard sign regulations, developments within Urban Design Dis- tricts C and D are also subject to the additional sign restrictions found in RMC 4-4-100G, urban design sign area regulations. Modifications to the standard requirements found in RMC 4-4-100G are possible for those proposals that can comply with the Design District criteria found in RMC 4-3-100F, Modification of Minimum Standards. For proposals unable to meet the modification criteria, a variance is required. BUILDING MATERIALS Intent: To ensure high standards of quality and effective maintenance over time and encourage the use of materials that reduce the visual bulk of large buildings, as well as to encourage the use of materials that add visual interest to the neighborhood. Guidelines: Building materials are an important and integral part of the architectural design of a building that is attractive and of high quality. Material variation shall be used to create visual appeal and eliminate monotony of facades. This shall occur on all facades in a consistent manner. High quality materials shall be used. If materials like concrete or block walls are used they shall be enhanced to create variation and enhance their visual appeal. Standards: All Districts All of the following are required: 1. All sides of buildings visible from a street, pathway, parking area, or open space shall be finished with the same building materials, detailing, and color scheme. A different treatment may be used if the materials are of the same quality. 2. All buildings shall use material variations such as colors, brick or metal banding, patterns or textural changes. 3. Materials, individually or in combination, shall have texture, pattern, and be detailed on all visible facades. 4. Materials shall be durable, high quality, and consistent with more traditional urban development, such as brick, integrally colored concrete masonry, pre-finished metal, stone, steel, glass and cast-in-place concrete. 5. If concrete is used, walls shall be enhanced by techniques such as texturing, reveals, and/or coloring with a concrete coating or admixture. 6. If concrete block walls are used, they shall be enhanced with integral color, textured blocks and colored mortar, decorative bond pattern and/or shall incorporate other masonry materials. Districts A, C, and D The following is required: All buildings shall use material variations such as colors, brick or metal banding, patterns, or textural changes. 4-3-100F (Revised 3/13)3 - 72 7. Lighting: (Ord. 5029, 11-24-2003; Ord. 5124, 2-7-2005; Ord. 5286, 5-14-2007; Ord. 5531, 3-8-2010; Ord. 5572, 11-15-2010) F. MODIFICATION OF MINIMUM STANDARDS: The Administrator shall have the authority to modify the minimum standards of the design reg- ulations, subject to the provisions of RMC 4-9-250D, Modification Procedures, and the fol- lowing requirements: 1. The project as a whole meets the intent of the minimum standards and guidelines in subsections E1, E2, E3, E4, E5, E6, and E7 of the design regulations; 2. The requested modification meets the in- tent and guidelines of the applicable design standard; 3. The modification will not have a detri- mental effect on nearby properties and the City as a whole; 4. The deviation manifests high quality de- sign; and 5. The modification will enhance the pedestrian environment on the abutting and/or adjacent streets and/or pathways. (Ord. 5531, 3-8-2010; Ord. 5676, 12-3-2012) G. EXCEPTIONS FOR DISTRICTS ‘A’ AND ‘B’: Modifications to the requirements for the building location and orientation and building entry in sub- section E1 of this Section are limited to the follow- ing circumstances: 1. When the building is oriented to an inte- rior courtyard, and the courtyard has a prom- inent entry and walkway connecting directly to the public sidewalk; or 2. When a building includes an architectural feature that connects the building entry to the public sidewalk; or 3. In complexes with several buildings, when the building is oriented to an internal in- tegrated walkway system with prominent connections to the public sidewalk(s). (Ord. 5124, 2-7-2005; Ord. 5286, 5-14-2007; Ord. 5531, 3-8-2010) LIGHTING Intent: To ensure safety and security; provide adequate lighting levels in pedestrian areas such as plazas, pedestrian walkways, parking areas, building entries, and other public places; and increase the visual attractiveness of the area at all times of the day and night. Guidelines: Lighting that improves pedestrian safety and also that creates visual interest in the building and site during the evening hours shall be provided. Standards: Districts A, C, and D All of the following are required: 1. Pedestrian-scale lighting shall be provided at primary and secondary building entrances. Examples include sconces on building facades, awnings with down- lighting and decorative street lighting. 2. Accent lighting shall also be provided on building facades (such as sconces) and/or to illuminate other key elements of the site such as gateways, specimen trees, other significant landscaping, water features, and/or artwork. 3. Downlighting shall be used in all cases to assure safe pedestrian and vehicular movement, unless alternative pedestrian-scale lighting has been approved administratively or is specifically listed as exempt from provisions located in RMC 4-4-075, Lighting, Exterior On-Site (i.e., signage, governmental flags, temporary holiday or decorative lighting, right-of-way lighting, etc.). 4-3-110C 3 - 73 (Revised 9/15) H. VARIANCE: (Reserved). (Ord. 5124, 2-7-2005; Ord. 5286, 5-14-2007; Ord. 5531, 3-8-2010) I. APPEALS: For appeals of administrative decisions made pursuant to the design regulations, see RMC 4-8-110, Appeals. (Ord. 4821, 12-20-1999; Amd. Ord. 4971, 6-10-2002; Ord. 5029, 11-24-2003; Ord. 5124, 2-7-2005; Ord. 5286, 5-14-2007; Ord. 5531, 3-8-2010) 4-3-105 (Deleted by Ord. 4992, 12-9-2002) 4-3-110 URBAN SEPARATOR OVERLAY REGULATIONS: A. PURPOSE: The purpose of this Section is to implement the policies in the Land Use Element of the Compre- hensive Plan related to urban separators. The in- tent is to provide physical and visual distinctions between Renton and adjacent communities, de- fine Renton’s boundaries and create contiguous open space corridors within and between urban communities, which provide environmental, vi- sual, recreational and wildlife benefits. Urban separators shall be permanent low-density lands that protect resources and environmentally sensi- tive areas. (Ord. 5132, 4-4-2005; Ord. 5759, 6- 22-2015) B. APPLICABILITY: This Section shall apply to subdivisions and build- ing permits on lands within designated urban sep- arators as shown in the urban separators maps. (Ord. 5132, 4-4-2005) C. URBAN SEPARATORS MAPS: 1. May Valley Urban Separator: 4-3-110C (Revised 9/15)3 - 74 2. Talbot Urban Separator: (Ord. 5132, 4-4-2005) 4-3-110C 3 - 74.1 (Revised 12/11) 3. Soos Creek Urban Separator: (Ord. 5566, 10-25-2010) 4-3-110C (Revised 12/11)3 - 74.2 4. Lake Desire Urban Separator: (Ord. 5566, 10-25-2010) 4-3-110E 3 - 75 (Revised 3/17) D. ADMINISTRATION: 1. Review Process: Applications subject to urban separator regulations shall be pro- cessed as a component of the governing land use process. 2. Authority: The Community and Eco- nomic Development Administrator shall have the authority to approve with conditions or deny proposals based on the provisions of the Urban Separator Overlay regulations when no other permit or approval requires Hearing Examiner review. (Ord. 5132, 4-4-2005; Ord. 5676, 12-3-2012) E. URBAN SEPARATOR OVERLAY REGULATIONS: 1. Contiguous Open Space Corridor Es- tablished: A designated contiguous open space corridor is established as shown on the Urban Separators Overlay Map in subsection C of this Section. 2. Dedication of Open Space Required. a. Approval of a plat, and/or building permit on an undeveloped legal lot: i. May Valley Urban Separator Overlay: Approval of a plat, and/or building permit on an undeveloped legal lot in the May Valley Urban Sep- arator Overlay shall require dedica- tion of fifty percent (50%) of the gross land area of the parcel or parcels as a non-revocable open space tract re- tained by the property owner, or ded- icated to a homeowners association or other suitable organization as de- termined by the Administrator. ii. Talbot Urban Separator Over- lay: Approval of a plat, and/or build- ing permit on an undeveloped legal lot in the Talbot Urban Separator Overlay shall require dedication of fifty percent (50%) of the gross land area of that portion of the parcel or parcels located within the Urban Separator as a non-revocable open space tract retained by the property owner, or dedicated to a homeown- ers association or other suitable or- ganization as determined by the Administrator. In order to satisfy the dedication requirement, some of the area to be dedicated may consist of land abutting the Urban Separator, as determined by the Community and Economic Development Admin- istrator, on a case-by-case basis. Acreage in tracts may include critical areas and/or critical area buffers. At a minimum, open space shall be con- nected to another contiguous open space parcel by a fifty foot (50') corri- dor. (Ord. 5578, 11-15-2010; Ord. 5676, 12-3-2012) b. Existing residences, existing acces- sory uses and structures, existing above ground utilities located in the tract at the time of designation and new small and medium utilities shall not count toward the fifty percent (50%) gross land area calculation for open space except for stormwater ponds designed with less than 3:1 engineered slopes and en- hanced per techniques and landscape requirements set forth in the publication the “Integrated Pond” King County Land and Water Resources Division. c. Approval of a building permit for an addition of three hundred (300) square feet for a primary use structure or five hundred (500) square feet for an acces- sory structure shall require recordation of a conservation easement, protective easement or tract and deed restriction on critical areas and critical area buffers lo- cated within the contiguous open space corridor pursuant to RMC 4-3-050E4, Na- tive Growth Protection Areas. d. Land dedicated as open space shall be located within the mapped contiguous open space corridor unless a modifica- tion is approved pursuant to subsection E6 of this Section. 3. Uses Allowed in Contiguous Open Space. a. Passive recreation with no develop- ment of active recreation facilities except within a municipal park. 4-3-110E (Revised 3/17)3 - 76 b. Soft surface pedestrian trails, pro- vided the adjacent area is large enough to infiltrate runoff generated from the pathway consistent with the Surface Wa- ter Design Manual. c. Animal husbandry (small, medium and large); provided, that fencing is sub- ject to the conditions in subsection E3g of this Section. d. Existing residences and accessory uses and structures. e. Small and medium utilities and large underground utilities. (Ord. 5828, 12-12- 2016) f. Access Easements. i. Utilities easements and emer- gency service access roads may be located within contiguous open space corridors for the limited pur- pose of providing service to parcels platted after March 2005, for which there is no practical alternative way to provide service. Utilities and emer- gency service easements shall be developed with permeable surface treatment. ii. Private access easements for in- gress and egress may be located within contiguous open space in the limited instance where there is no al- ternative access to a pre-existing le- gal lot, but shall not serve lots platted after March 2005. g. Fencing or similar structures and/or hedges or similar landscape features on the property or easement boundary of properties abutting and within the contig- uous open space corridor shall not create a solid barrier. Where required to protect wetlands pursuant to RMC 4-3-050E4e, fencing shall be the minimum necessary. 4. Uses in Portions of the Urban Separa- tor Outside the Established Contiguous Open Space Corridor. a. Uses shall be consistent with RMC 4-2-060 and 4-2-070B. Residential-1 Zone, one dwelling unit per net acre. b. Development shall be clustered out- side the contiguous open space corridor mapped in subsection C of this Section. 5. Standards Within Entire Urban Sep- arator. a. Forest/vegetation clearing shall be limited to a maximum of thirty five percent (35%) of the gross acreage of the site ex- cept: i. The percentage of forest/vegeta- tion coverage may be increased to qualify for the density bonus allowed in RMC 4-2-110D. ii. Modification of the percentage of forest/vegetation retention may be approved if determined necessary to meet the surface water retention/de- tention standards of subsection E5d of this Section. iii. Forest/vegetation clearing greater than thirty five percent (35%) of individual building sites may be ap- proved to allow grading for a home site; provided, that: (a) A landscape plan is pro- vided for each building site showing compensating replant- ing of species with the same or better water retention and ero- sion control functions; (b) Five percent (5%) addi- tional replacement landscaping per site is provided; (c) Plant caliper is sufficient to achieve needed water retention and erosion control functions; (d) Individual trees or stands of trees are retained when feasible. Feasibility is defined as locations and tree health sufficient to en- sure continued viability of the tree and safety of structures within the developed portion of the lot; and (e) The landscape plan pro- vides massing of plant material 4-3-110E 3 - 76.1 (Revised 3/17) to create either a connection to required open space or is of suf- ficient size to create functional wildlife habitat. (Revised 3/17)3 - 76.2 This page left intentionally blank. 4-3-120C 3 - 77 (Revised 9/15) b. If the existing cleared area of a site, as of March 21, 2005, is greater than thirty five percent (35%), approval of a plat shall require replanting of forest/veg- etative cover. c. Forest/vegetation cover may include a combination of Northwest native vege- tation including conifer, deciduous trees and shrubs sufficient to provide water re- tention and erosion control. If existing vegetation is found to be insufficient to meet forest/vegetation coverage stan- dards, additional plantings shall be re- quired. d. Stormwater management shall com- ply with the Surface Water Design Man- ual. (Ord. 5526, 2-1-2010) e. Private access easements and im- provements shall be established at the minimum standard needed to meet public safety requirements. f. Landscape plans required in RMC 4-4-070 shall include retention/replanting plans as applicable, consistent with stan- dards and plant lists in King County De- partment of Natural Resources and Parks Water and Land Resources Divi- sion Publication “Going Native.” (Ord. 5676, 12-3-2012) 6. Modification of Mapped Contiguous Open Space: Modification of the open space configuration may be approved where: a. Site specific data confirms that the adopted contiguous open space corridor map includes more than the required gross area for any parcel; or b. The applicant can demonstrate a configuration of contiguous open space that provides better or equal provision of the open space requirement. Modifica- tions to the contiguous open space corri- dor shall be remapped during the City’s annual RMC Title 4 review process. (Ord. 5132, 4-4-2005; Ord. 5676, 12-3-2012) 4-3-120 VIOLATIONS OF THIS CHAPTER AND PENALTIES: A. ENFORCEMENT OFFICER: The Administrator shall be responsible for inves- tigation of violation and issuance of an infraction notice, stop work order or referral to the City At- torney’s office for filing of criminal charges, as the case may be. B. VIOLATION OF THIS CHAPTER AND PENALTIES: Except for violations of the Adult Retail and Enter- tainment Regulations, violations of this Chapter are civil infractions subject to chapter 1-3 RMC. Any person, party, firm, corporation, or other legal entity violating any of the provisions of this Chap- ter shall be guilty of a civil infraction for the first through third offenses. Each day or portion of a day during which a violation of this Chapter is committed or continued shall constitute a sepa- rate offense. Any development carried out con- trary to the provisions of this Chapter shall constitute a public nuisance and may be enjoined as provided by the statutes of the State of Wash- ington. The City may levy civil penalties against any person, party, firm, corporation, or other legal entity for violation of any of the provisions of this Chapter. The civil penalty shall be assessed at a rate of one thousand dollars ($1,000.00) to five thousand dollars ($5,000.00) per day per violation depending on the severity of the violation. The Administrator may waive the penalty for a first of- fense. Penalties for subsequent violations by the same entity shall be assessed at a rate of five thousand dollars ($5,000.00) to ten thousand dol- lars ($10,000.00) per day depending on the se- verity of the violation. After the third violation, subsequent violations shall be handled as misde- meanors. C. TESTS: 1. Whenever there is insufficient evidence of compliance with any of the provisions of RMC 4-3-050, Critical Areas Regulations, or evidence that any action does not conform to the requirements of RMC 4-3-050, the Ad- ministrator may require tests as proof of com- pliance to be made at no expense to this jurisdiction. 2. Test methods shall be as specified by RMC 4-3-050, Critical Areas Regulations, or by other recognized and accepted test stan- 4-3-120C (Revised 9/15)3 - 78 dards. If there are no recognized or accepted test methods for the proposed alternate, the Administrator shall determine test proce- dures. (Ord. 4856, 8-21-2000; Ord. 5757, 6-1-2015) 4 - i (Revised 5/18) Chapter 4 CITY-WIDE PROPERTY DEVELOPMENT STANDARDS CHAPTER GUIDE: Chapter 4-4 contains regulations and standards governing site development of property City-wide, such as parking, landscaping, fencing, and others. This Chapter does not contain procedural information. Related permit processes (e.g., additional animals permit, parking modification, routine vegetation management permit, grading, excavation and mining permits, etc.) are located in chapters 4-8 and 4-9 RMC. (Ord. 5369, 4-14-2008) This Chapter last amended by Ord. 5876, January 22, 2018. SECTION PAGE NUMBER NUMBER 4-4-010 ANIMAL KEEPING AND BEEKEEPING STANDARDS . . . . . . . . . . . . . . . . . . . 1 A. Purpose and Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 B. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 C. Exception . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 D. Nuisance and Disturbance Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 E. Prohibited Animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 F. Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1. Animal Control Officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. Community and Economic Development Department . . . . . . . . . . . . . . . . . . 1 G. Number of Animals Allowed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1. Applicability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. Lot Size Minimums and Maximum Number of Animals Generally Permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3. Permit Required for More than Three (3) Dogs and/or Cats . . . . . . . . . . . . . 2 H. Keeping Greater Number of Animals than Generally Permitted. . . . . . . . . . . . . . 2 1. Permitted with an Additional Animals Permit (RMC 4-9-100). . . . . . . . . . . . . 2 2. Minimum Lot Size Needed to Apply for an Additional Animals Permit for Extra-Large Lot Domestic Animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 I. Home Occupations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 J. General Standards for Keeping Animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1. Shelter Location and Setbacks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2. Barn and Stable Location and Setbacks . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3. Fencing Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4. Health and Safety. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5. Animal Waste and Food Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 K. Additional Standards for Kennels and Pet Day Care . . . . . . . . . . . . . . . . . . . . . . 3 L. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 M. Additional Standards for Beekeeping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1. Maximum Number of Hives Generally Permitted . . . . . . . . . . . . . . . . . . . . . . 3 2. Minimum Lot Sizes for Beekeeping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3. Beekeeping Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 N. Review Criteria for Additional Animals Permits . . . . . . . . . . . . . . . . . . . . . . . . . . 4 O. Review Criteria for Kennels and Stables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 P. Nonconforming Animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 (Revised 5/18)4 - ii SECTION PAGE NUMBER NUMBER 4-4-015 STANDARDS FOR HOME AGRICULTURE SALES AND AGRICULTURE SALES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 A. Purpose and Intent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 B. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 C. Supervisions of Sales and Vehicles Required . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 D. Use of Right-of-Way Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 E. Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4-4-020 COMPREHENSIVE PLAN IMPLEMENTATION (Reserved) . . . . . . . . . . . . . 4a 4-4-030 DEVELOPMENT GUIDELINES AND REGULATIONS – GENERAL . . . . . 4.1 A. Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.1 B. Adoption by Reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.1 C. Construction Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.2 1. Haul Routes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.2 2. Haul Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.2 3. Permitted Work Hours in or Near Residential Areas . . . . . . . . . . . . . . . . . 4.2 a. Single Family Remodel or Single Family Addition Construction Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.2 b. Commercial, Multi-Family, New Single Family and Other Nonresidential Construction Activities . . . . . . . . . . . . . . . . . . . . . . . . . 4.2 4. Emergency Extensions to Permitted Work Hours . . . . . . . . . . . . . . . . . . . 4.2 5. Temporary Erosion Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.2 6. Hydroseeding Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.2 7. Construction Debris . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.2 8. Construction Activity Standards – Aquifer Protection Area (APA) Zones 1 and 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.2 a. Designated Person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 b. Secondary Containment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 c. Securing Hazardous Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 d. Removal of Leaking Vehicles and Equipment . . . . . . . . . . . . . . . . . . . . . 5 e. Flammable and Combustible Liquids – Storage and Dispensing . . . . . . 5 f. Clean-Up Equipment and Supplies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 g. Unauthorized Releases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 h. Application of Pesticides and Fertilizer . . . . . . . . . . . . . . . . . . . . . . . . . . 5 i. Hazardous Materials Management Statement . . . . . . . . . . . . . . . . . . . . 5 D. Off-Site Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1. Improvements Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2. Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3. Permits Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 E. Construction of Improvements Required Prior to Permanent Occupancy Permit Issuance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 F. Deferral of Required Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 G. Change of Use and New Construction Requires Certificate of Occupancy . . . . 6 1. Certificate of Occupancy Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2. Application Required Prior to Permitting Excavation . . . . . . . . . . . . . . . . . . . 6 3. Certificate of Use Available Upon Request . . . . . . . . . . . . . . . . . . . . . . . . . . 6 H. Use of Existing Structures During Construction of New Structures . . . . . . . . . . 6 1. Conditionally Authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 - iii (Revised 8/17) SECTION PAGE NUMBER NUMBER 2. Exception for Public Owned or Operated Uses . . . . . . . . . . . . . . . . . . . . . . . 6 I. Habitation of Travel Trailers or Recreational Vehicles . . . . . . . . . . . . . . . . . . . . 7 4-4-040 FENCES, HEDGES, AND RETAINING WALLS . . . . . . . . . . . . . . . . . . . . . . . . . 7 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 B. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 1. Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2. Urban Separator Overlay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 3. City May Require Modification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4. Permit Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 a. Fences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 b. Retaining Walls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 C. General Fence, Hedge and Retaining Wall Standards . . . . . . . . . . . . . . . . . . . . 7 1. Height – Method of Measurement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 a. Fences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 b. Hedges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 c. Retaining Walls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2. Retaining Wall Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 a. Fences on Retaining Walls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 b. Fences and Hedges Adjacent to Retaining Walls . . . . . . . . . . . . . . . . . . 8 c. Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 d. Setback from Public Rights-of-Way . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 e. Terracing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 f. Grading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 g. Modifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 D. Standards for Residential Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 1. Maximum Height . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2. Height Limitations for Interior Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 a. Front Yard Setbacks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 b. Side Yard Setbacks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 c. Rear Yard Setbacks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3. Height Limitations for Corner Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 a. Front Yard Setbacks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 b. Interior Side Yard Setbacks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 c. Secondary Front Yard Setbacks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 d. Rear Yard Setbacks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 e. Fence Height Exception for Rear and Side Yards along a Street. . . . . . 10 4. Gate Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 5. Electric and Barbed Wire Fences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 E. Standards for Commercial, Industrial and Other Uses . . . . . . . . . . . . . . . . . 11 1. Location and Maximum Height . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 2. Electric Fences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3. Barbed Wire Fences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4. Bulk Storage Fences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 5. Special Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 F. Administrative Review of Variation from Height Restrictions . . . . . . . . . . . . . 11 G. Special Administrative Fence Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 1. Fences Eligible for Administrative Review Process . . . . . . . . . . . . . . . . 11 (Revised 8/17)4 - iv SECTION PAGE NUMBER NUMBER 2. Evaluation Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 3. Acceptable Measures to Meet Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4. Clear Vision Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 H. Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4-4-050 GARAGE SALES – REQUIREMENTS FOR . . . . . . . . . . . . . . . . . . . . . . . . . . 12 A. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 B. Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.1 1. Maximum Time and Number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.1 2. Supervision of Vehicles Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.1 3. Use of Right-of-Way Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.1 4. Signage Installation and Removal Requirements . . . . . . . . . . . . . . . . . 12.1 5. Special Restriction for Self Storage Uses in RM-F Zone . . . . . . . . . . . 12.1 C. Violations of This Section and Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . 12.1 4-4-060 GRADING, EXCAVATION AND MINING REGULATIONS . . . . . . . . . . . . 12.1 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.1 B. Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.1 1. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.1 2. Application Required for Existing Activities . . . . . . . . . . . . . . . . . . . . . . 12.1 3. Application Required for Activities Annexed into City . . . . . . . . . . . . . . 12.2 4. Time for Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.2 C. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.2 1. Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.2 2. Screening . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.2 3. Natural Stream Courses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 4. Hydroseeding Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 5. Conformance with RCW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 6. Notification of Noncompliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 7. Transfer of Responsibility for Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 8. Stop Work Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 9. Emergency Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 D. General Erosion and Sediment Control Standards . . . . . . . . . . . . . . . . . . . . . . 13 1. Erosion and Sediment Control Required . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 2. Seasonal Limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 3. Expansion or Restriction of Seasonal Limitations . . . . . . . . . . . . . . . . . . . . 14 4. Approved Erosion and Sediment Control Plan Required . . . . . . . . . . . . . . 14 5. Violation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 6. Continued Violation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 E. Bond Required to Cover Costs of Rehabilitation . . . . . . . . . . . . . . . . . . . . . 14 F. Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 1. Inspection Authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 2. Entry to be Permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 G. Restoration of Hazard Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 H. Engineering Grading Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 1. Reports Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 2. Civil Engineer Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 4 - v (Revised 3/17) SECTION PAGE NUMBER NUMBER 3. Soil Engineer Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 4. Engineering Geologist Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . 15 5. Building Division Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 6. Specifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 7. Setbacks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 8. Contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 I. Regular Grading Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 1. Inspection, Testing and Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 J. Work in Progress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 1. Maximum Slopes – Work in Progress . . . . . . . . . . . . . . . . . . . . . . . . . . 16 2. Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 3. Clearing and Rounding Tops of Slopes . . . . . . . . . . . . . . . . . . . . . . . . . 16 4. Property and Setback Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5. Maximum Noise Levels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 6. Permitted Work Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 7. Compliance with Pollution Control Regulations . . . . . . . . . . . . . . . . . . . 17 8. Control of Dust and Mud . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 a. Access Roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 b. Dozing and Digging . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 9. Soil Erosion and Sedimentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 10. Appearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 11. Soil Compaction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 K. Surface Water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 1. Polluted or Stagnant Water Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . 17 2. Minimum Lake Depth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 3. Maximum Bank Slopes Adjacent to Lake . . . . . . . . . . . . . . . . . . . . . . . 18 a. Unconsolidated Material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 L. Top and Toe Setbacks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 1. Setbacks – Minimum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 a. Tops of Slopes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 b. Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 M. Cuts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 1. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 2. Maximum Slope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 3. Drainage and Terracing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 N. Fills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 1. Applicability and Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 2. Fill Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 3. Preparation of Ground . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 4. Fill Material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 5. Minimum Compaction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 6. Maximum Slope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 7. Drainage and Terracing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 O. Solid Waste Fills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.1 1. Reports Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.1 2. Report Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.1 3. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.1 (Revised 3/17)4 - vi SECTION PAGE NUMBER NUMBER 4. Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 5. Cell Cover . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 6. Compaction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 7. Bulk Items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 8. Building Debris and Flammable Material . . . . . . . . . . . . . . . . . . . . . . . . 21 9. Stabilization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 10. Animal Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 11. Treated Fill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 12. Prohibited Fill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 13. Drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 14. Water Disposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 15. Special Considerations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 16. Prohibited Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 P. Drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 1. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 2. Terrace . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 a. Swales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 b. Scouring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 c. Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 d. Settling Ponds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 3. Subsurface Drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 4. Disposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 a. Minimum Grade . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 b. Drainage Releases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 c. Stream Acceptance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 5. Overland Runoff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Q. Slopes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 1. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 2. Other Devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 R. Final Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 1. Construction Timing and Final Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 2. Plans and Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 a. As-Graded Grading Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 b. Soil Grading Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 c. Geologic Grading Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 3. Notification of Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 4. Final Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 S. Permits and Fees Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 1. Submittal Requirements and Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 2. Threshold for Drainage Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 3. Plans and Calculations Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 T. Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 U. Violations of This Chapter and Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 4-4-070 LANDSCAPING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 A. Purpose and Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 B. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 C. Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 4 - vii (Revised 8/17) SECTION PAGE NUMBER NUMBER D. Plans Required and Timing for Plans Submittal . . . . . . . . . . . . . . . . . . . . . . 25 E. Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 F. Areas Required to Be Landscaped . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 1. Street Frontage Landscaping Required . . . . . . . . . . . . . . . . . . . . . . . . . 25 2. Street Trees and Landscaping Required Within the Right-of-Way on Public Streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 3. Front Yard Trees Required When Street Trees Are Not Located Within the Right-of-Way Abutting a Front Yard . . . . . . . . . . . . . . . . . . . . 26 4. Projects Abutting Less Intensive Zones or Uses . . . . . . . . . . . . . . . . . . 26 a. Nonresidential Development in a Residential Zone . . . . . . . . . . . . . . . . 26 b. When a Residential Multi-family Zone or Use Is Abutting a Less Intense Residential Zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 c. When a Commercial Zoned Lot or Use Is Abutting a Residential Zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 d. When an Industrial Zoned Lot or Use Is Abutting a Residential or Commercial Zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 5. Pervious Areas to Be Landscaped . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 6. Parking Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 a. Perimeter Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 b. Minimum Amounts of Interior Parking Lot Landscaping . . . . . . . . . . . . 26 c. Optional Layout Patterns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 d. Perimeter and Interior Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 e. Exception for Existing Parking Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 7. Minimum Freeway Frontage Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . 27 8. Storm Drainage Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 a. Flow Control and/or Water Quality Treatment Facilities . . . . . . . . . . . . 27 b. Low Impact Development Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 9. Urban Separator Properties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 G. General Landscape Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 1. Compliance Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 2. Protection of Street Trees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 3. Retention of Existing Landscaping and Existing Trees Encouraged . . . . . 27 4. Calculation of Required Plantings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 5. Avoidance of Hazards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 6. Vegetation Preference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 H. Description of Required Landscaping Types . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 1. Street Frontage Landscaping Buffer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 2. Partially Sight-obscuring Landscaped Visual Barrier . . . . . . . . . . . . . . . . . . 28 3. Fully Sight-obscuring Landscaped Visual Barrier. . . . . . . . . . . . . . . . . . . . . 28 4. Perimeter Parking Lot Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 5. Interior Parking Lot Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 6. Storm Drainage Facility Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . 28.1 a. Trees Are Prohibited on Berms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.1 b. Additional Locations Where Trees and Shrubs Are Prohibited . . . . . 28.1 c. Perimeter Landscaping Required . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.1 d. Type of Plantings Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.1 e. Conflicts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.1 (Revised 8/17)4 - viii SECTION PAGE NUMBER NUMBER I. Irrigation Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.1 1. Irrigation and Automatic Controller. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.1 2. Exceptions for Drought Tolerant Plants . . . . . . . . . . . . . . . . . . . . . . . . . . 28.1 J. Soil Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.1 K. Drainage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.1 L. Plant Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.2 1. General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.2 2. Ground Cover Is Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.2 3. Shrubs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.2 4. Trees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.2 a. Approved Tree Species . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.2 b. Planting Size . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.2 c. Mulch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.2 5. Prohibited Plant Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.2a M. Landscape Installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.2a 1. Timing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.2a 2. Slopes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.2a N. Deferral of Landscape Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.2a O. Landscape Plan Revisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.2a P. Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.2a 1. Maintenance Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.2a 2. Failure to Maintain Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.2a 3. Security Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.2a Q. Damaged Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.2a R. Variances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.2b 4-4-075 LIGHTING, EXTERIOR ON-SITE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.2b A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.2b B. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.2b C. Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.2b D. Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.2b E. Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.2b 1. Building Lights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.3 2. Parking Lot or Display Lot Lights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.3 F. Specific Requirements for Residential Development in the R-10 and R-14 Zones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.3 G. Modifications of Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.4 H. Variances to Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.4 I. Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.4 4-4-080 PARKING, LOADING AND DRIVEWAY REGULATIONS . . . . . . . . . . . . . 28.4 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.4 B. Scope of Parking, Loading and Driveway Standards . . . . . . . . . . . . . . . . . 28.4 1. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.4 a. Within the Center Downtown Zone . . . . . . . . . . . . . . . . . . . . . . . . . 28.4 b. Outside the Center Downtown Zone . . . . . . . . . . . . . . . . . . . . . . . . 28.4 2. Conformance Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.5 3. Plans Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.5 4. Future Changes to Parking Arrangement . . . . . . . . . . . . . . . . . . . . . . . 28.5 4 - ix (Revised 5/18) SECTION PAGE NUMBER NUMBER 5. Timing for Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.5 a. Building Permit Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.5 b. Requirements Prior to Occupancy Permit . . . . . . . . . . . . . . . . . . . 28.5 c. Requirements Prior to Business License Issuance . . . . . . . . . . . . . 28.6 C. (Deleted by Ord. 5357, 2-25-2008) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.6 D. Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.6 1. Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.6 2. Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.6 a. Calculation of Number of Parking Spaces – Fractions . . . . . . . . . . . 28.6 b. Measurement of Distance – Method . . . . . . . . . . . . . . . . . . . . . . . 28.6 c. Measurement of Seat Width – Benches and Pews . . . . . . . . . . . . . 28.6 E. Location of Required Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.6 1. On-Site Parking Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.6 a. Detached and Two (2) Attached Dwellings . . . . . . . . . . . . . . . . . . . 28.6 b. Attached Dwellings Three (3) or More Units . . . . . . . . . . . . . . . . . . 28.6 c. Boat Moorages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.6 d. Other Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.6 2. Off-Site Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.6 a. When Permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.6 b. Agreement Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.7 c. Additional Information Required . . . . . . . . . . . . . . . . . . . . . . . . . . 28.7 d. Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.7 e. Maximum Distance to Off-Site Parking Area . . . . . . . . . . . . . . . . . 28.7 f. Transportation Management Plan Exception . . . . . . . . . . . . . . . . . 28.7 3. Joint Use Parking Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.7 a. When Permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.7 b. Agreement Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.7 c. Maximum Distance to Joint Use Parking . . . . . . . . . . . . . . . . . . . . 28.7 d. Special Provisions for Subdivision of Shopping Center . . . . . . . . . . 28.8 F. Parking Lot Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.8 1. Maneuvering Space/Use of Public Right-of-Way . . . . . . . . . . . . . . . . . 28.8 2. Maximum Parking Lot and Parking Structure Slopes . . . . . . . . . . . . . . 28.8 3. Access Approval Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.8 4. Linkages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.8 5. Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.8 6. Fire Lane Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.8 a. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.8 b. Minimum Width and Clearance . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.8 c. Identification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.9 d. Surfacing and Construction Requirements . . . . . . . . . . . . . . . . . . . 28.9 e. Clearances and Turning Radii . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.9 f. Existing Buildings – Hazards . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.9 g. Modification by Fire Chief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.9 7. Residential Parking Location Requirements . . . . . . . . . . . . . . . . . . . . 28.9 a. RC, R-1, and R-4 Zones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.9 b. R-6 and R-8 Zones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.9 c. R-10 and R-14 Zones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.9 (Revised 5/18)4 - x SECTION PAGE NUMBER NUMBER d. RMF Zones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.9 8. Parking Stall Types, Sizes, and Percentage Allowed/Required . . . . . . 28.10 a. Standard Parking Stall Size – Surface/Private Garage/Carport . . . . 28.10 b. Standard Parking Stall Size – Structured Parking . . . . . . . . . . . . . . 28.10 c. Compact Parking Stall Size and Maximum Number of Compact Spaces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.10 d. Tandem Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.10 e. Special Reduced Length for Overhang . . . . . . . . . . . . . . . . . . . . . 28.11 f. Customer/Guest Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 g. Accessible Parking as Stipulated in the Americans with Disabilities Act (ADA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 9. Aisle Width Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 a. Parallel Parking Minimum Aisle Width . . . . . . . . . . . . . . . . . . . . . . . 29 b. Ninety Degree (90°) Parking Aisle Width Minimums . . . . . . . . . . . . . . 30 c. Sixty Degree (60°) Parking Aisle Width Minimums . . . . . . . . . . . . . . . 30 d. Forty Five Degree (45°) Parking Aisle Width Minimums . . . . . . . . . . . 30 10. Number of Parking Spaces Required . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 a. Interpretation of Standards – Minimum and Maximum Number of Spaces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 b. Alternatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 c. Modifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 d. Parking Spaces Required Based on Land Use . . . . . . . . . . . . . . . . . 32 11. Number of Bicycle Parking Spaces Required . . . . . . . . . . . . . . . . . . . . . . . 36 a. Bicycle Parking Spaces Required . . . . . . . . . . . . . . . . . . . . . . . . . . 36 b. Bicycle Parking Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 c. Bicycle Parking Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 d. Modification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 G. Parking Lot Construction Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 1. Surfacing Requirements for Parking Areas . . . . . . . . . . . . . . . . . . . . . . . 38 2. Surfacing Requirements for Storage Lots . . . . . . . . . . . . . . . . . . . . . . . . 38 3. Marking Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 4. Wheel Stops Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 5. Drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 H. Landscape Maintenance Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 1. Maintenance Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 2. Periodic Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 3. Maintenance Bonds and Charges Authorized . . . . . . . . . . . . . . . . . . . . . 39 I. Driveway Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 1. Driveway Location – Hazard Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . 39 2. Driveway Spacing Based Upon Land Use . . . . . . . . . . . . . . . . . . . . . . . 39 a. Industrial, Warehouse and Shopping Center Uses . . . . . . . . . . . . . . 39 b. All Other Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 3. Driveway Width Maximums Based Upon Land Use . . . . . . . . . . . . . . . . . 40 a. Industrial, Warehouse and Shopping Center Uses . . . . . . . . . . . . . . 40 b. Single Family and Duplex Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 c. All Other Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 4 - xi (Revised 5/18) SECTION PAGE NUMBER NUMBER 4. Maximum Number of Driveways Based Upon Land Use . . . . . . . . . . . . . 40 a. Industrial, Warehouse and Shopping Center Uses . . . . . . . . . . . . . . . . 40 b. All Other Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 5. Driveway Angle – Minimum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 6. Driveway Grades – Maximum Based Upon Land Use . . . . . . . . . . . . . . 40 a. Single Family and Two (2) Family Uses . . . . . . . . . . . . . . . . . . . . . . 40 b. All Other Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 7. Surfacing Requirements for Driveways and Driveway Encroachments . . . . 41 8. Two (2) Track Driveway Design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 9. Joint Use Driveways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 a. Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 b. Where Permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 10. Driveways Providing Access or Connections To and From the State Highway System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 J. Loading Space Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 1. Loading Space Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 2. Plan Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 3. Projection into Streets or Alleys Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . 41 4. Minimum Clear Area for Dock High Loading Doors . . . . . . . . . . . . . . . . . . . 41 5. Minimum Clear Area for Ground Level Loading Doors . . . . . . . . . . . . . . . . 42 K. Modifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 1. Special Provisions for Use of Paved Recreation Space for Parking . . . . . . 42 2. Modification of Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 L. Deferral of Installation of Required Improvements . . . . . . . . . . . . . . . . . . . . . . 42 M. Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 4-4-090 REFUSE AND RECYCLABLES STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 A. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 B.Exemption for Single Family and Two (2) Attached Residences (Duplexes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 C. General Requirements Applicable to All Uses (Except Single Family and Two (2) Attached Dwelling Units) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 1. Dimensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 2. Location in Setback or Landscape Areas Prohibited . . . . . . . . . . . . . . . . . . 42 3. Special Setbacks from Residential Properties . . . . . . . . . . . . . . . . . . . . . . . 42 4. Obstruction Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 5. Collocation Encouraged . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 6. Signage Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 7. Containment in Zone 1 Wellhead Protection Areas . . . . . . . . . . . . . . . . . . . 43 8. Architectural Design Consistent with Primary Structure . . . . . . . . . . . . . . . 43 9. Screening of Deposit Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 10. Minimum Gate Opening and Minimum Vertical Clearance . . . . . . . . . . . . . 43 11. Weather Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 12. Approval of Screening Detail Plan Required . . . . . . . . . . . . . . . . . . . . . . . . 43 D. Multi-Family Developments – Additional Requirements for Deposit and Collection Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 (Revised 5/18)4 - xii SECTION PAGE NUMBER NUMBER E. Commercial, Industrial, and Other Nonresidential Developments – Additional Requirements for Deposit and Collection Areas . . . . . . . . . . . . . . 44 1. Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 2. Accessibility May Be Limited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44.1 3. Office, Educational and Institutional Developments – Minimum Size . . . 44.1 4. Manufacturing and Other Nonresidential Developments – Minimum Size . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44.1 5. Retail Developments – Minimum Size . . . . . . . . . . . . . . . . . . . . . . . . . 44.1 F. Modifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44.1 G. Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44.1 4-4-095 SCREENING AND STORAGE HEIGHT/LOCATION LIMITATIONS . . . . 44.1 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44.1 B. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44.1 1. New or Replacement Equipment/Activity . . . . . . . . . . . . . . . . . . . . . . . . 44.1 2. Enlargement or Exterior Modifications of Existing Structures . . . . . . . . . 44.1 C. Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44.1 D. Surface Mounted Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44.2 1. General Screening . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44.2 a. Industrial Zone Exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 E. Roof-top Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 1. New Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 2. Additions to Existing Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 F. Outdoor Storage, Loading, Repair, Maintenance and Work Areas . . . . . . . . . . 45 1. Outdoor Loading – Multi-Family Zones . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 2. Outdoor Loading, Repair, Maintenance and Work Areas – Commercial and Industrial Zones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 3. Outdoor Storage – Commercial or Industrial Zones . . . . . . . . . . . . . . . . . . 45 a. Special Outdoor Storage Height Requirements, Industrial Zones . . . . . 45 G. Vehicle Storage Screening, CA Zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 H. Outdoor Retail Sales – CD Zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 I. Variances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 J. Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 4-4-100 SIGN REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 B. Applicability and Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 1. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 2. Permits Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 3. Periodic Inspection of Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 4. Authority of Community and Economic Development Administrator . . . . . 46 5. Exemptions from Sign Code Regulations . . . . . . . . . . . . . . . . . . . . . . . . 46 a. Indoor Signage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 b. Government and Utility Signage . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 c. Awning, Canopy, and Marquee Structures Having No Signage . . . . . 46 6. Exceptions from Permit Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . 46 a. Bulletin Boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 b. City Sponsored Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 c. City Sponsored or Co-Sponsored Signs and Displays . . . . . . . . . . . 46.1 4 - xii.1 (Revised 5/18) SECTION PAGE NUMBER NUMBER d. Construction Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.1 e. Copy Changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.1 f. Credit Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.1 (Revised 5/18)4 - xii.2 This page left intentionally blank. 4 - xiii (Revised 8/17) SECTION PAGE NUMBER NUMBER g. Flags . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.1 h. Garage Sale Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.1 i. Holiday Displays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.1 j. Memorial Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.1 k. Modifications Not Requiring Structural or Electrical Changes . . . . . . 46.1 l. Open House Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.2 m. Political Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.2 n. Public Art . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.2 o. Public Service Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.2 p. Real Estate Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.2 q. Safety Information Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.2 r. Small Parking and Traffic Control Signs . . . . . . . . . . . . . . . . . . . . . 46.2 s. Small Wall Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.2 t. Weekend and Holiday Display Signage for Vehicle and Vessel Sales in the Automall Overlay Districts . . . . . . . . . . . . . . . . . . . . . . . 46.2 u. Banner Signage for Vehicle and Vessel Sales in the Automall Overlay Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.2 C. Prohibited Signs and Devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.2 1. Signs Which Violate State Regulations . . . . . . . . . . . . . . . . . . . . . . . . 46.2 2. Signs Which Interfere with Traffic Control . . . . . . . . . . . . . . . . . . . . . . 46.3 3. Animated, Revolving, Blinking and Flashing Signs . . . . . . . . . . . . . . . . 46.3 a. Outside City Center . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.3 b. Inside City Center Sign Regulation Area Boundaries . . . . . . . . . . . 46.3 4. Devices of a Carnival Nature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.3 5. Banners and Rigid Portable Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.3 6. Signs Which Obscure Vision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.3 7. Signs on Stationary Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.3 8. Signs over Public Right-of-Way . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.3 9. Signs on Public Right-of-Way . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.3 10. Off-Premises Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.3 11. Roof Signs within the City Center Sign Regulation Area . . . . . . . . . . . . 46.3 12. Signs Obscuring Address Numbers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.3 13. Signs Located in Designated Fire Lanes . . . . . . . . . . . . . . . . . . . . . . . . . 46.3 14. Perimeter Street Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.4 15. Signs on Vegetation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.4 16. Real Estate Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.4 D. General Requirements for Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.4 1. Permit Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.4 2. Method of Calculating Sign Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.4 3. Sign Maintenance Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.4 4. Appearance of Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.4 5. Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.5 6. Removal of Signage Upon Closure of Business . . . . . . . . . . . . . . . . . . 46.4 a. City-Wide Outside of City Center . . . . . . . . . . . . . . . . . . . . . . . . . . 46.4 b. City Center Sign Regulation Area . . . . . . . . . . . . . . . . . . . . . . . . . 46.4 7. Nonconforming Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.5 (Revised 8/17)4 - xiv SECTION PAGE NUMBER NUMBER E. Size, Number and Height of Permanent Signs . . . . . . . . . . . . . . . . . . . . . . 46.6 1. Permitted and Prohibited Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.6 2. Location Limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.6 3. Height Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.6 a. Signs within City Center . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.6 b. Signs within Urban Design Sign Regulation Area . . . . . . . . . . . . . . 46.6 c. Signs Outside City Center and Outside Urban Design Sign Regulation Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.6 4. Signs Permitted in All Residential, Commercial, and Industrial Zones . . . 46.6 a. Churches, Apartments, Subdivisions, and Existing Legally Established Nonconforming Businesses within Residential Zones . . . 46.6 b. Home Occupations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 c. Temporary Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 d. Public Facilities (Public Buildings, Schools, Parks and Recreation Facilities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 5. Additional Signs Permitted in Commercial and Industrial Zones . . . . . . . . 47 a. Business Signs – General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 b. Marquee Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 c. Under Marquee Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 d. Shopping Centers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 e. Large Retail Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 f. Motor Vehicle Dealership Over One Acre of Contiguous Ownership or Control Located within the Automall Area(s) . . . . . . . . . 49 g. Motor Vehicle Dealership Over One Acre of Contiguous Ownership or Control Located Outside the Automall Area . . . . . . . . . 50 h. Subdivision Identification Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 i. Special Requirements for Specified Uses in the Commercial Office (CO), Light Industrial (IL), Medium Industrial (IM), and Heavy Industrial (IH) Zones within One Hundred Feet (100') of a Lot Zoned Residential . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 j. Self Storage Uses in the RMF Zone . . . . . . . . . . . . . . . . . . . . . . . . 50.1 k. Large Institution Directional and Wayfinding Signs . . . . . . . . . . . . . . . 50.1 F. (Deleted by Ord. 5798, 4-25-2016) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.1 G. Signs within Urban Design Area – Special Requirements . . . . . . . . . . . . . . 50.1 1. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.1 2. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.1 3. (Repealed by Ord. 5675, 12-3-2012) . . . . . . . . . . . . . . . . . . . . . . . . . . 50.1 4. General Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.1 a. Integration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.1 b. Coordination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.1 c. Size . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.2 d. Size of Entry Signs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.2 e. Color, Lighting and Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.2 f. Preferred Lighting and Sign Type. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.2 g. Other Encouraged Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.2 4 - xv (Revised 8/17) SECTION PAGE NUMBER NUMBER 5. Additional Prohibited Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.2 6. Maximum Height of Freestanding Signs. . . . . . . . . . . . . . . . . . . . . . . . . . .50.2 7. Landscaping Required for Freestanding Signs . . . . . . . . . . . . . . . . . . . . .50.2 8. Illustrations – Acceptable and Unacceptable . . . . . . . . . . . . . . . . . . . . . . . . 51 H. Signs within City Center – Special Requirements . . . . . . . . . . . . . . . . . . . . 51 1. Purpose of Special Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 2. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 3. Map of City Center Sign Regulation Area . . . . . . . . . . . . . . . . . . . . . . . 52 4. Type and Number of Permanent Signs Allowed . . . . . . . . . . . . . . . . . . . . . 53 a. Residential/Churches/Schools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 b. Nonresidential Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 5. Size, Height and Locations Allowed for Permanent Signs for Nonresidential Uses Based Upon Sign Type . . . . . . . . . . . . . . . . . . . . . 54.2 a. Freestanding Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54.2 b. Ground Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 c. Wall Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 d. Projecting Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56.1 e. Awning Sign, Canopy Sign, Marquee Sign . . . . . . . . . . . . . . . . . . . . . . 57 f. Under Awning Sign, Canopy Sign, Marquee Sign . . . . . . . . . . . . . . . . . 58 g. Secondary Sign . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 h. Multi-Occupancy or Multiple Building Complex Sign . . . . . . . . . . . . . . . 60 6. Letter Size Limitations for Permanent Signs for Nonresidential Uses Based Upon Distance from Right-of-Way . . . . . . . . . . . . . . . . . . . . . 61 a. Maximum Letter Height . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 b. Exemption from Letter Size Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 7. Special Allowance for City Center Signs to Project into Right-of-Way . . . . 61 8. Temporary/Special Permit Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 9. Modifications of City Center Sign Regulations . . . . . . . . . . . . . . . . . . . . . . 61 a. Authority and Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 b. Review Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 c. Variance May Be Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 d. Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 I. Signs on Public Right-of-Way . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 1. City Sponsored Signs Authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 2. Directional Signs for Public Buildings Authorized . . . . . . . . . . . . . . . . . . . . 62 a. Standards and Size Limits for Directional Signs . . . . . . . . . . . . . . . . . . 62 3. Public Service Directional Signs for Nonpublic Buildings Such as Churches and Charitable Organizations Authorized . . . . . . . . . . . 62 a. Review Authority and Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 b. Appeal Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 c. Installation Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 4. Residential Open House Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 J. Temporary and Portable Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 1. General Requirements for Temporary Signs . . . . . . . . . . . . . . . . . . . . . . . . 63 a. Display of Permit Number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 b. Support and Perforation Requirements for Cloth Signs . . . . . . . . . . . . . 63 (Revised 8/17)4 - xvi SECTION PAGE NUMBER NUMBER c. Projection of Temporary Cloth Signs Over Public Property/Right-of-way . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 2. Real Estate Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 a. Prohibited Real Estate Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 b. Off-Premises Real Estate Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 c. On-Premises Real Estate Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 3. Garage Sale Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66a a. Permit Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66a b. Maximum Display Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66a c. Allowed Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66a d. Allowable Sign Type . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66a e. Maximum Size . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66a f. Sign Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66a g. Maximum Height . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66a 4. Political Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66b a. Permitted Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66b b. Maximum Size . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.1 c. Removal Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.1 5. A-Frame Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.1 a. Number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.1 b. Location Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.1 c. Size . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.1 d. Construction Specifications and Materials . . . . . . . . . . . . . . . . . . . . 66.1 e. Maintenance and Appearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.1 f. Alteration of Landscaping Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . 66.1 g. Removal upon Close of Business . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.2 h. Display of Permit and Code Requirements . . . . . . . . . . . . . . . . . . . . 66.2 i. Display of Permit Number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.2 j. Proof of Insurance and Hold Harmless Agreement for Signs on Public Right-of-Way . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.2 k. Confiscation of Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.2 l. Permit Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.2 6. Event Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.2 a. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.2 b. Types of Event Signage Allowed . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.2 c. Permit Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.2 d. Time Limitations and Applicability – Grand Openings and Event Signage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.2 e. Placement Limitations for Event Signs . . . . . . . . . . . . . . . . . . . . . . . . . 67 7. Accessory Home Agriculture and Agriculture Sales Signs. . . . . . . . . . . . . . 67 a. Permit Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 b. Number and Type of Allowable Sign . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 c. Maximum Size . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 d. Display Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 e. Sign Locations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 K. Design and Construction Requirements for Permanent Signs – General . . . . . 67 1. General Design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 4 - xvii (Revised 3/17) SECTION PAGE NUMBER NUMBER 2. Wind Loads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 3. Seismic Loads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 4. Combined Loads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 5. Allowable Stresses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 6. Location and General Standards for Structural Supports . . . . . . . . . . . . . . 68 7. Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 8. Restrictions on Combustible Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 9. Nonstructural Trim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 10. Anchorage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 11. Size of and Materials for Display Surfaces . . . . . . . . . . . . . . . . . . . . . . . . . 69 12. Glass Panel Size, Thickness and Type . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 13. Approved Plastics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 14. Welding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 15. Electrical Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 16. Clearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 17. Clearance from High Voltage Power Lines . . . . . . . . . . . . . . . . . . . . . . . . . 69 18. Clearance from Fire Escapes, Exits or Standpipes . . . . . . . . . . . . . . . . . . . 69 19. Obstruction of Openings Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 20. Standards for Supports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 L. Location, Permit, and Insurance Requirements for Signs Projecting into Setbacks or Right-of-Way . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 1. Maximum Sign Projection into Setback . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 2. Allowed Projections into Right-of-Way . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 a. Wall Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 b. Marquees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 c. Additional Allowances within City Center Sign Regulation Boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 3. Identification of Sign Installer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 4. Liability Insurance Required for Signs Located on or over Public Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70.1 5. Annual Right-of-Way Use Permit Required for Signs Projecting on or over Public Right-of-Way . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 M. Design Requirements for Projecting Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 1. Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 N. Design Requirements for Awning, Canopy, or Marquee Signs . . . . . . . . . . . . . 71 1. Applicability of this Section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 2. Acceptable Location and International Building Code Requirements . . . . . 71 3. Under Marquee/Under Awning/Under Canopy Sign Limitations . . . . . . . . . 71 a. Number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 b. Location and Size – Outside City Center . . . . . . . . . . . . . . . . . . . . . . . . 71 c. Location and Size – Within City Center . . . . . . . . . . . . . . . . . . . . . . . . . 71 O. Design Requirements for Electric Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 1. Materials and Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 2. Installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 3. Erector’s Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 4. Label Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 P. Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 (Revised 3/17)4 - xviii SECTION PAGE NUMBER NUMBER Q. Alternate Provisions for Material, Construction and Design . . . . . . . . . . . . . . . 72 R. Appeals of Administrative Decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 S. Variances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 T. Compliance and Confiscation of Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 1. Compliance Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 2. Removal and Storage of Illegal Signs Authorized . . . . . . . . . . . . . . . . . . . . 72 3. Confiscated Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 U. Violations of This Chapter and Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 4-4-110 STORAGE FACILITIES, BULK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 A. Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 B. Special Review and Higher Standards Required . . . . . . . . . . . . . . . . . . . . . . . 72 C. Special Permit and Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 1. Special Permit Required for Bulk Storage Facilities . . . . . . . . . . . . . . . . . . 73 2. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 3. Authority and Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 4. Provision of Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 5. Evaluation Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 D. Development Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 1. Height of Containers and Stock Piles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 2. Setbacks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 3. Landscaping and Screening . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 a. Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 b. Screening Required for Recognized Higher Risk Storage . . . . . . . . . . 74 c. Screening Required for Other Bulk Storage . . . . . . . . . . . . . . . . . . . . . 74 d. Landscaping Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 4. Signs Permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 5. Surface Drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 a. Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 b. Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 c. Design Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 6. Toxic Substances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 a. Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 b. PSAPCA Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 c. Maximum Concentrations of Toxic Substances . . . . . . . . . . . . . . . . . . 77 d. Method of Measurement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 7. Traffic and Access Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 a. Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 b. Access Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 c. Emergency Vehicle Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 d. Traffic Flow, Setbacks from Access Routes and Curb Cuts . . . . . . . . . 77 e. Separation of Parking from Loading/Maneuvering Areas . . . . . . . . . . . 78 f. Overpasses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 g. Paving of Access Routes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 h. Surfacing of Storage Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 4 - xviii.1 (Revised 3/17) SECTION PAGE NUMBER NUMBER 8. Sound . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 a. Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 b. WAC Regulations Adopted by Reference . . . . . . . . . . . . . . . . . . . . . . . 78 c. Classifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 (Revised 3/17)4 - xviii.2 This page left intentionally blank. 4 - xix (Revised 8/17) SECTION PAGE NUMBER NUMBER d. Maximum Sound Levels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 e. Reduction Due to Method of Measurement . . . . . . . . . . . . . . . . . . . . . . 79 f. Extension of Hours of Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 9. Liquid Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 a. Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 b. Discharge Regulated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 c. Standards and Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 d. Standards for Discharge into Sewer System . . . . . . . . . . . . . . . . . . . . . 80 e. Disposal Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 f. Proof of Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 g. Prevention of Odorants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 h. Treatment of Liquid Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 10. Light and Glare . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 a. Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 b. Method of Measurement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 c. Maximum Levels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 11. Odorants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 a. Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 b. Maximum Levels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 c. Testing Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 d. Monitoring Required Upon Complaint . . . . . . . . . . . . . . . . . . . . . . . . . . 82 e. Other Remedies Not Impaired . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 12. Hazardous Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 a. Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 b. Off-Site Economic Burdens Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . 83 c. Barrier Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 d. Barrier Design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 e. Fire Suppression System Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 f. Maximum Quantities and Permitted Locations . . . . . . . . . . . . . . . . . . . 83 g. Additional Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 h. Separation of Barrier and Fire Code Dyke . . . . . . . . . . . . . . . . . . . . . . 84 i. Combination of Requirements Encouraged . . . . . . . . . . . . . . . . . . . . . . 84 j. Impervious Surfacing Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 13. Gaseous and Particulate Emissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 a. Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 b. Preferred Process Methods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 c. PSAPCA Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 d. Substance Density Limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 e. Further Emission Limitations During an Alert . . . . . . . . . . . . . . . . . . . . 85 f. Hydroseeding Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 g. Report by Developer Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 h. Quarterly Reports May Be Required . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 i. Notification Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 j. Additional Reports Authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 k. Locational Restrictions for Facilities with Emissions . . . . . . . . . . . . . . . 85 l. Special Emission Standards for Existing Facilities . . . . . . . . . . . . . . . . 86 m. Compliance Later Required for Existing Facilities . . . . . . . . . . . . . . . . . 86 (Revised 8/17)4 - xx SECTION PAGE NUMBER NUMBER n. Efficiency Rating – Minimum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 E. Variances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 4-4-120 STORAGE LOTS – OUTSIDE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 A. Screening Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 1. Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 2. Fencing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 B. Surfacing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 4-4-130 TREE RETENTION AND LAND CLEARING REGULATIONS . . . . . . . . . . . 87 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 B. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 C. Allowed Tree Removal Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 1. Emergency Situations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 2. Dangerous Trees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 3. Maintenance Activities/Essential Tree Removal – Public or Private Utilities, Roads and Public Parks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 4. Installation of SEPA Exempt Public or Private Utilities . . . . . . . . . . . . . . . . 88 5. Existing and Ongoing Agricultural Activities . . . . . . . . . . . . . . . . . . . . . . . . 88 6. Commercial Nurseries or Tree Farms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 7. Public Road Expansion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 8. Site Investigative Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 9. Minor Tree Removal Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 10. Landscaping or Gardening Permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 11. Operational Mining/Quarrying . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 12. Utilities, Traffic Control, Walkways, Bikeways within Existing, Improved Right-of-Way or Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 13. Land Development Permit Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 D. Prohibited Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 1. Tree Cutting in Advance of Issuance of Land Development Permit . . . . . . 89 2. Tree Cutting or Vegetation Management without Required Routine Vegetation Management Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 3. Restrictions for Critical Areas – General . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 4. Restrictions for Native Growth Protection Areas . . . . . . . . . . . . . . . . . . . . . 90 5. Tree Topping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 6. Removal of Landmark Tree . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 E. Review Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 1. Authority and Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 2. Independent Secondary Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 F. Permits Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 1. Land Development Permit Required for Site Preparation . . . . . . . . . . . . . . 90 2. Routine Vegetation Management Permit Required for the Following Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 a. Routine Vegetation Management on Undeveloped Properties . . . . . . . 90 b. Use of Mechanical Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 c. Tree Removal in Excess of Maximum Allowance . . . . . . . . . . . . . . . 90.1 d. Removal of Landmark Tree . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 3. Conditional Use Permit Required for Timber Stand Thinning . . . . . . . . . . . 91 G. Routine Vegetation Management Permit Review Process . . . . . . . . . . . . . . . . 91 4 - xxi (Revised 5/18) SECTION PAGE NUMBER NUMBER H. Performance Standards for Land Development/Building Permits . . . . . . . . . . . 92 1. Protected Trees – Retention Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 a. Percentage of Tree Retention Based on Zones . . . . . . . . . . . . . . . . . . . 92 b. Priority of Tree Retention Requirements . . . . . . . . . . . . . . . . . . . . . . . . 92 c. Calculating Tree Retention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 d. Minimum Tree Density . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 e. Replacement Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 2. Tree Protection Tract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 a. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 b. Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 c. Tract Creation and Deed Restriction . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 d. Fencing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 e. Signage Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 f. Responsibility for Ownership and Maintenance . . . . . . . . . . . . . . . . . . . 94 g. Maintenance Covenant and Note Required . . . . . . . . . . . . . . . . . . . . . 94 3. Plan Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 4. Applicability, Performance Standards and Alternates . . . . . . . . . . . . . . . . . 94 5. Review Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 6. Timing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 7. Restrictions for Critical Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 8. Tree/Ground Cover Retention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 9. Protection Measures During Construction . . . . . . . . . . . . . . . . . . . . . . . . . . 95 a. Construction Storage Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 b. Fenced Protection Area Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 c. Protection from Grade Changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 d. Impervious Surfaces Prohibited within the Drip Line . . . . . . . . . . . . . . . 96 e. Restrictions on Grading within the Drip Lines of Retained Trees . . . . . 96 f. Mulch Layer Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 g. Monitoring Required during Construction . . . . . . . . . . . . . . . . . . . . . . . 96 h. Alternative Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 10. Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 I. Modifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 J. Violations and Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 1. Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 2. Additional Liability for Damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 3. Restoration Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 4. Replacement Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 5. Stop Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 4-4-140 WIRELESS COMMUNICATION FACILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . 97 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 B. Goals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 1. Commercial Wireless Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 2. Amateur Radio Antennas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 C. Applicability and Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 D. Collocation Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 1. Evaluation of Existing Support Structures . . . . . . . . . . . . . . . . . . . . . . . . . . 98 2. Cooperation of Providers in Collocation Efforts . . . . . . . . . . . . . . . . . . . . . . 98 (Revised 5/18)4 - xxii SECTION PAGE NUMBER NUMBER 3. Reasonable Efforts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 E. Alteration of Existing Wireless Communication Facility (WCF) Support Structures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 1. Minor Alteration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 a. Height . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 b. Width . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 c. Equipment Cabinets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 d. Excavation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 e. Concealment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 f. Entitlement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 2. Major Alteration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 3. Original Dimensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 4. Review Time Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 F. Standards and Requirements for All Types of Wireless Communications Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 1. Equipment Shelters/Cabinets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 a. Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 b. Screening . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 c. Size . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 d. Generators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 2. Maximum Height . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 a. Monopole I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 b. Monopole II. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 c. Stealth Towers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 d. Rooftop WCF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 e. Utility Poles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 3. Visual Impact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 4. Setbacks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 5. Maximum Noise Levels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 6. Fencing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 7. Lighting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 8. Advertising Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 9. Building Standards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 10. Radio Frequency Standards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 G. Concealed Wireless Communication Facility Standards . . . . . . . . . . . . . . . . . 102 1. Building Addition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 2. Related Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 3. Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 4. Architectural Elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 5. Residential Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 H. Camouflaged Wireless Communication Facility Standards . . . . . . . . . . . . . . 102 1. Architectural Integration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 2. Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 a. Mounting Hardware . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 b. Concealment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 c. Paint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 3. Antennas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 4 - xxiii (Revised 5/18) SECTION PAGE NUMBER NUMBER 4. Residential Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 I. Stealth Tower Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 1. Faux Trees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 a. Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 b. Height . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 c. Authenticity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 d. Concealment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 2. Flagpoles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 a. Location and Height . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 b. Authenticity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 c. Concealment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 3. Sports Field Lights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 a. Location and Height . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 b. Authenticity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 c. Concealment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 4. Freestanding Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 a. Sign Permit Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 b. Concealment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 J. Small Cell/Distributed Antenna Systems Standards . . . . . . . . . . . . . . . . . . . . 104 1. Preferred Concealment Techniques . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 a. Building Attachment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 b. Projecting or Marquee Sign . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 c. Parking Lot Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 d. Street Light Poles and Traffic Signal Poles in Urban Design Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 e. Utility Poles/Street Light Poles in Areas Other Than Design Districts and Exempt from Undergrounding . . . . . . . . . . . . . . . . . . . . . 106 2. Concealment Element Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 a. Concealment Element Plan Required . . . . . . . . . . . . . . . . . . . . . . . . . 107 b. Purpose of Concealment Element Plan, Generally . . . . . . . . . . . . . . . 107 c. Review of Concealment Element Plan for Nonsubstantial Change Collocations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 d. Review of Concealment Element Plan for Initial Installations and Substantial Change Collocations . . . . . . . . . . . . . . . . . . . . . . . . . 107 3. New Poles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 4. Ground-Mounted Equipment Standards; ADA Compliance Required . . . . 107 5. Federal Regulatory Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 K. Application Submittal Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 1. Technical Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 a. Site Justification Letter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 b. Justification Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 c. Coverage Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 d. Noise Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 2. Photo Simulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 3. Method of Attachment/Cabling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 4. Visual Mitigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 L. Obsolescence and Removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 (Revised 5/18)4 - xxiv SECTION PAGE NUMBER NUMBER M. Permit Limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 1. Maintenance Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 2. Notice to City of Change of Operation of Facility . . . . . . . . . . . . . . . . . . . 109 N. Modifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 O. Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 4-4-150 VIOLATIONS OF THIS CHAPTER AND PENALTIES . . . . . . . . . . . . . . . . . 109 4-4-010G 4 - 1 (Revised 8/17) 4-4-010 ANIMAL KEEPING AND BEEKEEPING STANDARDS: A. PURPOSE AND INTENT: The regulations in this Section set standards in- tended to require that the keeping of animals oc- curs in a humane and appropriate manner that benefits the animals and allows animals to coex- ist harmoniously with adjacent and abutting uses. B. APPLICABILITY: The keeping of animals shall be consistent with the standards in this Section, RMC 1-3-3, Nui- sances, and RMC 8-7-3, Public Disturbance, Noises. The keeping, retail sale, breeding, ser- vice, or care of household pets and/or domestic animals by an owner/tenant for the purpose of en- joyment or profit is subject to the requirements of this Section. C. EXCEPTION: Occasional breeders are permitted to keep a greater number of animals than allowed on a tem- porary basis, not to exceed one hundred twenty (120) days, when those animals are less than one hundred twenty (120) days old. No Additional An- imals Permit is required, but a Home Occupation Business License is required. D. NUISANCE AND DISTURBANCE PROHIBITED: Household pets, domestic animals, and/or bees must not become a nuisance (RMC 1-3-3) or cre- ate a public disturbance (RMC 8-7-3). E. PROHIBITED ANIMALS: The keeping of animals that are wild or danger- ous is not permitted pursuant to chapter 6-6 RMC. Additionally, the City prohibits the keeping of roosters or peahens/peacocks. F. AUTHORITY: Interpretation regarding responsibility will be de- termined administratively; responsibility for en- forcement of the provisions of this Section shall be as follows: 1. Animal Control Officer: All those mat- ters related to care, maintenance, and indi- vidual licensing. 2. Community and Economic Develop- ment Department: All those matters con- cerning land use and zoning. G. NUMBER OF ANIMALS ALLOWED: 1. Applicability: Restrictions on the num- ber of animals allowed is applicable to resi- dential and commercial uses where the keeping or care of animals is accessory to the primary use. 2. Lot Size Minimums and Maximum Number of Animals Generally Permitted: The allowable numbers of animals permitted, provided the minimum lot size is met, are de- tailed in the following table. The specified minimum lot sizes are absolute requirements, unless (a) an Additional Animals Permit is granted pursuant to RMC 4-9-100, or (b) the number and type of animals was established legally under previous regulations and the ownership of the property has not changed. The keeping of animals that require lesser lot size is allowed to be cumulative, when lot size requirements have been met. For example, on a twelve thousand five hundred (12,500) square foot lot, the keeping of two (2) medium lot domestic animals, six (6) small lot domes- tic animals, and three (3) household pets is permitted outright. Type of Animal Maximum Number of Animals Generally Permitted Household Pets includes: dogs, cats, caged indoor birds and small rodents. Non-venomous reptiles and amphibians weighing less than 10 pounds are also included. 3* per dwelling or commercial building; no minimum lot size. A pet license is required from the City Finance Department for each cat or dog. Small Lot Domestic Animals includes: chickens, ducks, geese, pigeons and rabbits. 3 on lots that are at least 4,500 gross sq. ft. in size. On lots that are larger than 4,500 gross sq. ft., 1 additional small lot domestic animal may be kept per additional 1,000 gross sq. ft. 4-4-010H (Revised 8/17)4 - 2 *Includes foster animals 3. Permit Required for More than Three (3) Dogs and/or Cats: Regardless of addi- tional lot size, the keeping of four (4) or more dogs and/or cats as an accessory use shall always require an Additional Animals Permit (RMC 4-9-100). H. KEEPING GREATER NUMBER OF ANIMALS THAN GENERALLY PERMITTED: 1. Permitted with an Additional Animals Permit (RMC 4-9-100): Greater numbers of animals than permitted in subsection G2 of this Section may be allowed. The minimum lot size for extra-large animals must be met. Keeping greater numbers of animals without the minimum lot size may be permitted for small, medium, and large lot animals, subject to an Additional Animals Permit (RMC 4-9-100). 2. Minimum Lot Size Needed to Apply for an Additional Animals Permit for Extra- Large Lot Domestic Animals: Horses, don- keys, cows and llamas are considered extra- large lot domestic animals. The minimum lot size required to apply for an Additional Ani- mals Permit for extra-large lot animals is twenty thousand (20,000) square feet de- voted only to these animals. I. HOME OCCUPATIONS: The keeping of household pets or domestic ani- mals for any for-profit venture within a residence, or the property thereon, shall comply with the re- quirements of RMC 4-9-090, Home Occupations, and requires a Home Occupation Business Li- cense. Any owner/tenant who keeps household pets and/or domestic animals and sells any ani- mal-related product, made from or produced by their household pets and/or domestic animals, shall be required to obtain a Home Occupation Permit, RMC 4-9-090. Keeping animals for com- mercial purposes that exceed the standards of a home occupation accessory use requires ap- proval pursuant to RMC 4-2-060, Zoning Table – Uses Allowed in Zoning Designations. J. GENERAL STANDARDS FOR KEEPING ANIMALS: The keeping of animals shall be consistent with the following standards: 1. Shelter Location and Setbacks: Shel- ters, pens, and permanent/temporary kennel structures shall be located in the rear yard and a minimum of ten feet (10') from any property line. The Department may grant an exemption from this rear yard requirement if the owner/tenant can provide sufficient infor- mation that a side yard would be a better lo- cation. 2. Barn and Stable Location and Set- backs: Private barns and stables shall be lo- cated in the rear yard and a minimum of fifty feet (50') from any property line. On lots that are larger than one gross acre in size, exer- cising, training, and/or riding areas may be lo- cated closer than fifty feet (50') from a property line if the exercising, training, and/or riding areas are no closer than one hundred feet (100') to any dwelling unit and the loca- tion is approved, in writing, by the Depart- ment. Barns and stables may not be located in attached garages or carports. 3. Fencing Required: Dog runs, open-run areas, and permanent/temporary kennel structures shall be surrounded by a fence of adequate height (as to preclude escape). Medium Lot Domestic Animals includes: miniature goats that are smaller than 24 inches at the shoulder and/or not more than 150 pounds in weight, and sheep. 2 on lots that are at least 12,500 gross sq. ft. in size. On lots that are greater than 12,500 gross sq. ft., 1 additional medium lot domestic animal may be kept per additional 7,500 gross sq. ft. Large Lot Domestic Animals includes: goats and pigs. Extra-Large Lot Domestic Animals includes: horses, donkeys, cows and llamas. 2 on lots that are at least 1 gross acre in size. On lots that are larger than 1 gross acre, 1 additional large lot domestic animal may be kept per addi- tional 43,560 sq. ft. Type of Animal Maximum Number of Animals Generally Permitted 4-4-010M 4 - 3 (Revised 8/17) RMC 4-4-040, Fences, Hedges and Retain- ing Walls, lists the City’s standards for resi- dential and commercial fences. 4. Health and Safety: All animals shall be kept in such a manner so as not to create any objectionable noise, odor, annoyance, or be- come a public nuisance. Provision shall be made to ensure that animal food stored out- doors will not attract rodents, insects, or other animals. Refrigeration shall be provided for the protection of perishable foods. 5. Animal Waste and Food Waste: All shelter structures, confinement areas, and/or open-run areas shall be kept clean. Any out- door areas used for animal containment or exercise shall be maintained by removing an- imal waste on a daily basis for proper dis- posal as solid waste. Any runoff, wash-down water, or waste from any animal pen, kennel, containment, or exercise area shall be col- lected and disposed of in a sanitary sewer af- ter straining of solids and hair, and shall not be allowed to enter the stormwater drainage or surface water disposal system. Strained solids and hair shall be properly disposed of as solid waste. Any storage of animal waste must not constitute a nuisance as defined in chapter 1-3 RMC. K. ADDITIONAL STANDARDS FOR KENNELS AND PET DAY CARE FACILITIES: Kennels and pet day care facilities require a per- mit from the Seattle-King County Health Depart- ment, and shall be consistent with the following standards: 1. General care of pets must be confined to the inside of building and under supervision. Pets are only permitted to be walked or exer- cised outside of the building under supervi- sion and in accordance with all other applicable ordinances and laws; 2. Businesses operating solely as a pet day care shall limit their hours of operation (i.e., business hours) between 7:00 a.m. to 7:00 p.m.; 3. The maximum number of dogs is limited to one per fifteen (15) square feet of net floor dedicated for animal supervision. The planned maximum number of animals to be sheltered shall be indicated on the Business License application; 4. Outdoor runs/yards may operate only be- tween the hours of 7:00 a.m. to 7:00 p.m.; 5. Any indoor or outdoor areas used for an- imal containment or exercise shall be main- tained by removing animal waste on a daily basis for proper disposal as solid waste. Any runoff, wash-down water, or waste from any animal pen, kennel, containment, or exercise area shall be collected and disposed of in the sanitary sewer after straining of solids and hair and shall not be allowed to enter the stormwater drainage or surface water dis- posal system; strained solids and hair shall be properly disposed of as solid waste; and If a notice of violation pursuant to chapter 8-7 RMC is issued for noise, the Administrator may require a report from an acoustical con- sultant that describes potential measures to be taken to prevent or mitigate noise impacts. The Administrator may require measures, in- cluding but not limited to: development or modification of operating procedures; cessa- tion of the use of outdoor area(s); closure of windows and doors; reduction in hours of op- eration; and use of sound attenuating materi- als such as insulation and noise baffles. The Administrator may order the business to be closed on a temporary or permanent basis. L. RESERVED. M. ADDITIONAL STANDARDS FOR BEEKEEPING: 1. Maximum Number of Hives Generally Permitted: A maximum of three (3) hives are generally permitted and one additional hive may be kept for every additional ten thousand (10,000) gross square feet of lot size. The keeping of bees is allowed to be cumulative with the keeping of animals. 2. Minimum Lot Sizes for Beekeeping: a. Seven thousand five hundred (7,500) gross square feet. b. Four thousand five hundred (4,500) gross square feet if either of the following conditions are met: 4-4-010N (Revised 8/17)4 - 4 i. Hives are kept at least eight feet (8') above or below the grade of abut- ting properties; or ii. Hives are kept behind a mini- mum six foot (6') tall hedge or solid fence that runs parallel to any prop- erty line within twenty five feet (25') of a hive. 3. Beekeeping Requirements: a. Hives shall be located in rear yards, side yards, or on rooftops. b. Hives shall be located a minimum of twenty five feet (25') from an interior lot line, with each hive’s entrance facing away from the nearest property line. c. Each hive shall only contain one swarm. d. Hives shall be maintained to avoid overpopulation and minimize swarming, for example by requeening regularly, so as not to become a nuisance. e. Hives shall be marked or identified to notify visitors. f. A source of fresh water (such as a fountain) located within ten feet (10') from the hives shall be provided. N. REVIEW CRITERIA FOR ADDITIONAL ANIMALS PERMITS: Special review criteria to be considered for Addi- tional Animals Permits are included in RMC 4-9-100. (Ord. 5676, 12-3-2012) O. REVIEW CRITERIA FOR KENNELS AND STABLES: For kennels, commercial equine boarding, riding schools, and stables the conditional use criteria of RMC 4-9-030 shall be applicable. P. NONCONFORMING ANIMALS: See RMC 4-10-070. (Ord. 3927, 7-15-1985; Ord. 4351, 5-4-1992; Amd. Ord. 4963, 5-13-2002; Ord. 4999, 1-13-2003; Ord. 5305, 9-17-2007; Ord. 5356, 2-25-2008; Ord. 5470, 7-13-2009; Ord. 5578, 11-15-2010; Ord. 5603, 6-6-2011; Ord. 5640, 12-12-2011; Ord. 5837, 6-12-2017) 4-4-015 STANDARDS FOR HOME AGRICULTURE SALES AND AGRICULTURE SALES: A. PURPOSE AND INTENT: The purpose and intent of this Section is to en- sure that the sale of agricultural products grown as part of accessory use home agriculture and agriculture occurs in a manner that minimizes negative impacts to surrounding property owners. B. APPLICABILITY: The sale of fresh fruits, vegetables, berries, honey, eggs, other agricultural produce, and flow- ers is permitted outright as an accessory use when it occurs on the same site on which it was grown and/or harvested. Sales of products that are not grown or produced onsite shall be consid- ered outdoor retail sales and are allowed only as permitted in RMC 4-2-060, Zoning Use Table. C. SUPERVISION OF SALES AND VEHICLES REQUIRED: Sales and related parking shall be supervised and are the responsibility of the property owner or the tenant. This person shall not permit vehicles to impede the passage of traffic on any roads or streets in the area of the person’s property. D. USE OF RIGHT-OF-WAY PROHIBITED: Public rights-of-way shall not be used for the sales of home agriculture or agriculture. E. CONDITIONS: 1. In accordance with RCW 36.71.090, no business license is required. 2. Sales must be of products harvested on- site and may not have been modified, changed, or enhanced into another product. 3. Hours of sale are limited to between 9:00 a.m. and 7:00 p.m., every day of the week. 4. Any tables, chairs, etc., used as part of sales and located in the front or side yards must be removed every day after 8:00 p.m. and may be set up again after 8:00 a.m. 4-4-020 4 - 4a (Revised 8/17) 5. No structures other than allowed in RMC 4-2-110B, Accessory Structures, are permit- ted. 6. Sales may not occur within a dwelling unit. 7. The area used for sales may not be larger than two hundred (200) square feet in size. 8. One temporary sign may be used, as al- lowed in RMC 4-4-100J7. (Ord. 5640, 12-12-2011) 4-4-020 COMPREHENSIVE PLAN IMPLEMENTATION: (Reserved) (Revised 8/17)4 - 4b This page left intentionally blank. 4-4-030B 4 - 4.1 (Revised 3/17) 4-4-030 DEVELOPMENT GUIDELINES AND REGULATIONS – GENERAL: A. INTENT: It is the intent of this Section to provide the City, especially the Community and Economic Devel- opment Department and the Hearing Examiner, with criteria to make consistent and rational land use recommendations and decisions that (1) hold the public health, safety and welfare paramount; (2) recognize property rights; (3) promote aes- thetics, amenities and good design; (4) minimize incompatibility with adjacent or abutting uses; (5) minimize pollution; (6) contain and mitigate po- tentially adverse impacts on site; and (7) make consistent and rational decisions and recommen- dations. Furthermore it is the intent of this Section to comply with the various resolutions, codes and ordinances of the City and the National and State Environmental Policy Acts, as amended. (Ord. 5676, 12-3-2012; Ord. 5797, 4-25-2016) B. ADOPTION BY REFERENCE: The goals, objectives, and policies as set forth in the following documents, plans, and related stud- ies and documents that are presently in force, as adopted or as modified from time to time, are hereby incorporated by reference and shall be considered as if fully set forth herein. Any and all amendments, additions or modifications to said documents, plans and related studies, when filed with the City Clerk of the City of Renton, by autho- rization of the City Council from time to time, shall be considered and accepted and constitute a part of the Renton Municipal Code. Airport Compatible Land Use Program Airport Layout Plan Airport Master Plan Airport Sustainability Management Plan Americans with Disabilities Act Transition Plan Arts and Culture Master Plan Benson Hill Community Plan Biennial Budget Business Plan Capital Improvements Plan City Center Community Plan Clean Economy Strategy Community Needs Assessment Commute Trip Reduction Plan Comprehensive Plan Comprehensive Emergency Management Plan Cost Recovery Guidelines Plan Disaster Recovery Plan Eastside Rail Corridor Trail Master Plan Fire Department Master Plan Hazard Mitigation Plan Human Services Strategic Plan Information Technology Strategic Plan Long-Range Wastewater Management Plan Parks, Recreation, and Natural Areas Plan Recreation Plan Sam Chastain Waterfront Trail Master Plan Senior Business Plan Shoreline Master Program Stormwater Management Program Sunset Area Community Investment Strategy Sunset Area Community Planned Action Sunset Neighborhood Park Master Plan Surface Water Utility Master Plan Trails and Bicycle Master Plan Transportation Improvement Program Tri-Park Master Plan 4-4-030C (Revised 3/17)4 - 4.2 Urban and Community Forestry Develop- ment Plan Waste System Plan Wellhead Protection Plan and Aquifer (Ord. 5526, 2-1-2010; Ord. 5797, 4-25-2016) C. CONSTRUCTION STANDARDS: 1. Haul Routes: A construction plan indi- cating haul routes and hours, construction hours, and a traffic control plan must be sub- mitted to the Development Services Division for approval prior to a construction permit be- ing issued. 2. Haul Hours: Haul hours shall be re- stricted to the hours between eight-thirty (8:30) a.m. and three-thirty (3:30) p.m., Mon- day through Friday unless otherwise ap- proved in advance by the Development Services Division. 3. Permitted Work Hours in or Near Res- idential Areas: Construction activities that require construction or building permits and that are conducted in residential areas or within three hundred feet (300') of residential areas shall be restricted to the following hours: a. Single Family Remodel or Single Family Addition Construction Activi- ties: Single family remodel or single fam- ily addition construction activities shall be restricted to the hours between seven o’clock (7:00) a.m. and ten o’clock (10:00) p.m., Monday through Friday. Work on Saturdays and Sundays shall be restricted to the hours between nine o’clock (9:00) a.m. and ten o’clock (10:00) p.m. b. Commercial, Multi-Family, New Single Family and Other Nonresiden- tial Construction Activities: Commer- cial, multi-family, new single family and other nonresidential construction activi- ties shall be restricted to the hours be- tween seven o’clock (7:00) a.m. and eight o’clock (8:00) p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o’clock (9:00) a.m. and eight o’clock (8:00) p.m. No work shall be permitted on Sundays. 4. Emergency Extensions to Permitted Work Hours: The Development Services Di- vision Director is authorized to grant an ex- tension of working time during an emergency. An emergency shall include but is not limited to natural and manmade disasters. 5. Temporary Erosion Control: Tempo- rary erosion control must be installed and maintained for the duration of the project. This work must comply with the Surface Wa- ter Design Manual and must be approved by the Renton Development Services Division. (Ord. 5526, 2-1-2010) 6. Hydroseeding Required: a. Within thirty (30) days of completion of grading work, the applicant shall hy- droseed or plant an appropriate ground cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will occur within ninety (90) days. b. Alternative measures to hydroseed- ing such as mulch, sodding, or plastic covering as specified in the Surface Wa- ter Design Manual may be proposed be- tween the dates of October 1st and April 30th of each year. Plastic covering may be used for soil protection for soils that will be utilized as structural or fill materi- als only; provided, that soils that are to be reused for other purposes shall be cov- ered for no more than fourteen (14) days. c. The Development Services Divi- sion’s approval of this work is required prior to final inspection and approval of the permit. (Ord. 5526, 2-1-2010; Ord. 5828, 12-12-2016) 7. Construction Debris: Construction de- bris, such as concrete, lumber, etc., must be removed and not buried on site. 8. Construction Activity Standards – Aquifer Protection Area (APA) Zones 1 and 2: The following standards shall apply to construction activities occurring in the Aquifer Protection Area if construction vehicles will be refueled on site and/or the quantity of haz- 4-4-030C 4 - 4.3 (Revised 3/17) ardous materials that will be stored, dis- pensed, used, and handled on the construction site, exclusive of the quantity of hazardous materials contained in fuel or fluid reservoirs of construction vehicles, will ex- ceed twenty (20) gallons. Weight of solid haz- ardous materials will be converted to volumes for purposes of determining whether de minimus amount is exceeded. Ten (10) pounds shall be considered equal to one gal- lon. (Revised 3/17)4 - 4.4 This page left intentionally blank. 4-4-030D 4 - 5 (Revised 5/16) a. Designated Person: There shall be a designated person on site during oper- ating hours who is responsible for super- vising the use, storage, and handling of hazardous materials and who shall take appropriate mitigating actions necessary in the event of fire or spill. b. Secondary Containment: Hazard- ous material storage, dispensing, and re- fueling areas and, to the extent possible, use and handling areas shall be provided with secondary containment in accor- dance with RMC 4-3-050H2d(i), Second- ary Containment – Zones 1 and 2. c. Securing Hazardous Materials: Hazardous materials left on site when the site is unsupervised must be inaccessible to the public. Locked storage sheds, locked fencing, locked fuel tanks on con- struction vehicles, or other techniques may be used if they will preclude access. d. Removal of Leaking Vehicles and Equipment: Construction vehicles and stationary equipment that are found to be leaking fuel, hydraulic fluid, and/or other hazardous materials shall be removed from the site and the aquifer protection area or repaired in place as soon as pos- sible and may remain on the site in the in- terim only if leakage is completely contained. e. Flammable and Combustible Liq- uids – Storage and Dispensing: Stor- age and dispensing of flammable and combustible liquids from tanks, contain- ers, and tank vehicles into the fuel and fluid reservoirs of construction vehicles or stationary equipment on the construction site shall be in accordance with these standards and the Uniform Fire Code Section 7904.2, as adopted or amended by the City. f. Clean-Up Equipment and Sup- plies: Equipment and supplies adequate for the immediate clean-up of the worst case release shall be stored on the con- struction site in close proximity to hazard- ous materials. g. Unauthorized Releases: Unautho- rized releases as defined in RMC 4-11-210, Definitions U, shall immedi- ately be contained, reported, and cleaned up as required by RMC 4-9-015G, Unauthorized Releases. Con- taminated soil, water, and other materials shall be disposed of according to state and local requirements. h. Application of Pesticides and Fer- tilizer: Application of pesticide and fertil- izer shall be in accordance with the requirements of RMC 4-3-050H3, Use of Pesticides and Nitrates – APA Zones 1 and 2. i. Hazardous Materials Management Statement: A hazardous materials man- agement statement as described in RMC 4-8-120D8, Definitions H, Hazardous Materials Management Statement, shall be submitted to and approved by the De- partment prior to issuance of a permit regulating construction activity in the APA. D. OFF-SITE IMPROVEMENTS: 1. Improvements Required: Whenever a building permit is applied for under the provi- sions of this Code for new construction of a multiple dwelling consisting of three (3) or more units, public assembly, commercial or industrial structure or alteration of an existing structure of said type, in excess of fifty thou- sand dollars ($50,000.00), then the person applying for such building permit shall simul- taneously make application for a permit, as an integral part of such new construction or alteration thereof, for the building and instal- lation of certain off-site improvements, includ- ing but not limited to water mains, drainage, sanitary sewer, all improvements required by the street improvement regulations and the subdivision regulations and all necessary ap- purtenances. Such off-site improvements (except traffic signalization systems) shall ex- tend the full distance of such property to be improved upon and sought to be occupied as a building site or parking area for the afore- said building purposes and which may adjoin property dedicated as a public street. Traffic signalization off-site improvements shall be installed pursuant to the provisions of the subdivision regulations. 4-4-030E (Revised 5/16)4 - 6 2. Design Standards: All sidewalks shall be constructed to the City standards and con- form to standard specifications for municipal public works constructions, commonly known as APWA Standards. Street width and standards for construction shall be specified by the Administrator of the Public Works Department. All plans and specifications for such improvements are to be submitted at the time such application for a permit is made. (Ord. 5450, 3-2-2009) 3. Permits Required: All permits required for the construction of these improvements shall be applied for and obtained in the same manner, and with fees and conditions as specified in RMC Title 9, Public Ways and Property, relating to excavating or disturbing streets, alleys, pavement or improvements. E. CONSTRUCTION OF IMPROVEMENTS REQUIRED PRIOR TO PERMANENT OCCUPANCY PERMIT ISSUANCE: There is hereby added an additional condition to the issuance of any permanent occupancy per- mit. No permanent occupancy permit shall be granted until all on- and off-site improvements re- quired of the project shall be constructed and ap- proved by the City or alternatively deferred or waived pursuant to RMC 4-9-060 or 4-9-250C. F. DEFERRAL OF REQUIRED IMPROVEMENTS: See RMC 4-9-060. G. CHANGE OF USE AND NEW CONSTRUCTION REQUIRES CERTIFICATE OF OCCUPANCY: 1. Certificate of Occupancy Required: No vacant land shall be occupied or used and no building hereafter erected shall be occupied or used, nor shall the use of a building be changed from a use limited to one district to that of any other district as defined by this Ti- tle until a certificate of occupancy shall have been issued by the Building Inspector. Certif- icate of occupancy for the use of vacant lands or the change in the use of land as herein pro- vided shall be applied for before any such land shall be occupied or used, and a certifi- cate of occupancy shall be issued within ten (10) days after the application has been made, providing such use is in conformity with the provisions of these regulations. 2. Application Required Prior to Permit- ting Excavation: No permit for excavation for any building shall be issued before the ap- plication has been made for certificate of oc- cupancy. See also RMC 4-9-130, Occupancy Permits. 3. Certificate of Use Available Upon Re- quest: Upon a written request of the owner, the Building Inspector shall issue a certificate of occupancy for any building or land existing at the time this Code takes effect, certifying, after inspection, the use of the building or land and whether such use conforms to the provisions of the Code. Where a plat as above provided is not already on file, an ap- plication for a certificate of occupancy shall be accompanied by a survey in duplicate form such as is required for a permit. H. USE OF EXISTING STRUCTURES DURING CONSTRUCTION OF NEW STRUCTURES: 1. Conditionally Authorized: When an ex- isting structure or use is being replaced else- where on a lot, the structure being replaced, if remaining during the interim, shall not be considered as countable or measurable de- velopment under the provisions of this Code when: a. The structure has been condemned as a threat to the public health, welfare, or safety and cannot be reoccupied; or b. The applicant has provided the City with sureties and/or other devices satis- factory to the City Attorney to ensure compliance with lot coverage and other possible requirements prior to the issu- ance of a certificate of occupancy for the replacement structure(s), or within a rea- sonable period thereafter. 2. Exception for Public Owned or Oper- ated Uses: Unless the Council or Hearing Examiner makes a determination that such a surety device should be provided, no such device shall be required for public facilities. 4-4-040C 4 - 7 (Revised 3/17) I. HABITATION OF TRAVEL TRAILERS OR RECREATIONAL VEHICLES: Except as authorized in RMC 4-9-240, Temporary Use Permits, recreational vehicles, travel trailers, tents, or other temporary shelters shall not be used for habitation. (Ord. 1472, 12-18-1953; Ord. 3106, 1-24-1977; Ord. 3483, 11-10-1980; Ord. 3592, 12-14-1981; Ord. 4523, 6-5-1995; Ord. 4527, 6-12-1995; Ord. 4546, 7-24-1995; Ord. 4703, 2-2-1998; Ord. 4835, 3-27-2000; Ord. 4851, 8-7-2000; Amd. Ord. 4963, 5-13-2002; Ord. 5100, 11-1-2004; Ord. 5759, 6-22-2015) 4-4-040 FENCES, HEDGES, AND RETAINING WALLS: A. PURPOSE: These regulations are primarily intended to regu- late the material and height of fences, hedges, and retaining walls, particularly in front yards and in yards abutting public rights-of-way, in order to promote traffic and public safety and to maintain or create aesthetically pleasing neighborhoods. The regulations are also intended to provide and maintain adequate sight distances along public rights-of-way at intersections, encourage safe in- gress and egress from individual properties, en- courage the feeling of spaciousness along neighborhood streets, promote crime prevention through environmental design, and reduce con- flicting interests between abutting property own- ers. B. APPLICABILITY: 1. Exceptions: The provisions and condi- tions of this Section regulating height and de- sign of fences, retaining walls, or barriers to surround and enclose public safety installa- tions, transportation facilities, waterways, storm drainage facilities, school grounds, public playgrounds, private or public swim- ming pools, and similar installations and im- provements are not applicable if required by law. 2. Urban Separator Overlay: Fences, hedges, and retaining walls within the urban separator overlay are also subject to require- ments of RMC 4-3-110, Urban Separator Overlay Regulations. 3. City May Require Modification: Where a traffic vision hazard is created or exists that endangers pedestrian and/or vehicular safety, the City may require a modification to the height limitations and location of fences, hedges or retaining walls to increase or en- hance safety. 4. Permit Required: a. Fences: A fence taller than seven feet (7') shall require a building permit or a written exemption from the Building Of- ficial. b. Retaining Walls: A retaining wall that is four feet (4') or taller, as measured by the vertical distance from the bottom of the footing to the finish grade at the top of the wall (i.e., not measured by ex- posed retaining wall height), shall require a building permit. This determination does not account for other factors that may cause a building permit to be re- quired for a retaining wall (e.g., the addi- tion of a surcharge or fence). (Ord. 5132, 4-4-2005; Ord. 5798, 4-25-2016) C. GENERAL FENCE, HEDGE, AND RETAINING WALL STANDARDS: 1. Height – Method of Measurement: a. Fences: The height shall be mea- sured from the top elevation of the top board rail or wire to the ground. In cases where a wall is used instead of a fence, height shall be measured from the top surface of the wall to the ground on the high side of the wall. i. Grade Differences: Where the finished grade is a different elevation on either side of a fence the height may be measured from the side hav- ing the highest elevation. ii. Fences on Berms: A berm shall not be constructed with a fence on it unless the total height of the berm plus the fence is less than the maxi- mum height allowable for the fence if the berm were not present. b. Hedges: The height shall be mea- sured from the topmost portion of vegeta- 4-4-040C (Revised 3/17)4 - 8 tion to the ground. Hedges designed as part of stormwater low impact develop- ment best management practices shall be designed consistent with the Surface Water Design Manual, and the Clear Vi- sion Area defined in RMC 4-11-030, and avoid blocking public views to public places. (Ord. 5828, 12-12-2016) c. Retaining Walls: The standards of this Section refer to exposed retaining wall height, as defined in RMC 4-11-180, Definitions R, which is the vertical dis- tance measure from the finish grade at the bottom of the wall (i.e., lower soil grade) to the finish grade at the top of the wall (i.e., upper soil grade). 2. Retaining Wall Standards: a. Fences on Retaining Walls: A fence shall not be constructed on top of a retaining wall unless the total combined height of the retaining wall and the fence does not exceed the allowed height of a standalone fence. i. Exception – Guardrail: If the Building Official requires a guardrail, the combined height of the retaining wall and required guardrail shall not exceed nine feet (9') in residential zones, or twelve feet (12') in com- mercial and industrial zones. ii. Exception – Fifty Percent (50%) Transparent Fences: Fences that provide at least fifty percent (50%) transparency, as viewed per- pendicularly to the face of the fence, may be allowed directly on top of a retaining wall. However, chain link fencing shall not be installed. This exception shall not be applied to front yard setbacks, or clear vision areas, as defined by RMC 4-11-030, Defini- tions C. b. Fences and Hedges Adjacent to Retaining Walls: Fences or hedges ad- jacent to retaining walls with a combined height that exceeds the allowed height of a standalone retaining wall shall be set back by a minimum of two feet (2'); this area shall be landscaped as if it were a terrace. If a fence is placed any distance within the property line, the property owner continues to be responsible for the property on both sides of the fence. c. Materials: Retaining walls shall be composed of brick, rock, textured or pat- terned concrete, or other masonry prod- uct that complements the proposed building and site development. Other ma- terials may be used with the Administra- tor’s approval. d. Setback from Public Rights-of- Way: There shall be a minimum three- foot (3') landscaped setback at the base of retaining walls abutting public rights- of-way. Landscaping shall include a mix- ture of shrubs and groundcover (trees are optional) in conformance with the standards of RMC 4-4-070H4, Perimeter Parking Lot Landscaping. e. Terracing: Terracing is the act of forming hillside into a number of level flat areas (terraces) between retaining walls, which is often used when the maximum height of a single retaining wall is insuffi- cient. The following standards shall apply to terraced slopes: i. Terrace Width: No portion of a retaining wall shall be measured as part of the terrace width. The width of a terrace shall be equal to the height of the tallest abutting retaining wall; however, the minimum terrace width shall be two feet (2'). Terrace width shall be measured from the back edge of a lower retaining wall to the foremost edge of the immediately succeeding and higher retaining wall. (Ord. 5828, 12-12-2016) ii. Terrace Landscaping: Terraces created between retaining walls shall be permanently landscaped with a mixture of shrubs and groundcover (trees are optional) in conformance with the standards of RMC 4-4-070F, Landscaping. Landscaping provided in front of retaining walls and within terraces shall contribute to any land- scaping required by RMC 4-4-070F; the Administrator may grant excep- 4-4-040D 4 - 9 (Revised 8/17) tions for required trees based on land constraints. f. Grading: For land area that is not be- tween two (2) retaining walls (i.e., not a terrace), the lower soil grade (i.e., ground at the bottom of a retaining wall’s ex- posed surface) and the upper soil grade (i.e., ground at the top a retaining wall) abutting a retaining wall shall be level for a horizontal distance (measured perpen- dicularly to the wall) equaling one foot (1') for every one foot (1') in height of the re- taining wall. g. Modifications: Pursuant to RMC 4-9-250D, Modification Procedures, the Administrator may grant modifications to this Section’s retaining wall standards. Approval of a modifications permit may include conditions such as, but not lim- ited to, increased setbacks, additional landscaping, a requirement to terrace or specific materials to be used. D. STANDARDS FOR RESIDENTIAL USES: 1. Maximum Height: In any residential dis- trict, the maximum height of any fence, hedge or retaining wall shall be seventy two inches (72"), subject to further height limitations as specified in this Section. 2. Height Limitations for Interior Lots: a. Front Yard Setbacks: Fences, re- taining walls or hedges shall not exceed forty eight inches (48") in height within the front yard setback. b. Side Yard Setbacks: Fences, re- taining walls or hedges within both inte- rior side yard setbacks and the front yard setback shall not exceed forty eight inches (48") in height. Fences, retaining walls or hedges within interior side yard setbacks and not within the front yard setback shall not exceed seventy two inches (72") in height. c. Rear Yard Setbacks: Fences, re- taining walls or hedges shall not exceed seventy two inches (72") in height within the rear yard setback unless the rear yard abuts a public or private street, in which case it shall not exceed forty eight inches (48"). Fences within a rear yard setback abutting a street may be up to seventy two inches (72") in height if com- pliant with subsection D3e of this Sec- tion. (Ord. 5798, 4-25-2016) 3. Height Limitations for Corner Lots: a. Front Yard Setbacks: Fences, re- taining walls or hedges shall not exceed forty two inches (42") in height in any part of the clear vision area as defined by RMC 4-11-030, Definitions C. Fences, re- taining walls, or hedges shall not exceed forty eight inches (48") in height within any part of the front yard setback when located outside of any clear vision area on said lot. b. Interior Side Yard Setbacks: Fences, retaining walls or hedges shall not exceed seventy two inches (72") in height within any part of the interior side yard setback to the point where they in- tersect the front yard setback, in which case they shall be governed by the appli- cable limitations of the front yard set- backs. c. Secondary Front Yard Setbacks: Fences, retaining walls or hedges shall not exceed forty two inches (42") in height within any clear vision area, as de- fined by RMC 4-11-030, Definitions C, and forty eight inches (48") in height else- where in the secondary front yard set- back. d. Rear Yard Setbacks: Fences, re- taining walls, or hedges shall not exceed 4-4-040D (Revised 8/17)4 - 10 seventy two inches (72") in height within the rear yard setback except the fence, retaining wall or hedge shall not exceed forty eight inches (48") in height where they intersect the width of the secondary front yard or if the rear yard of the lot abuts a public or private street. e. Fence Height Exception for Rear and Side Yards along a Street: Fences over forty eight inches (48") and up to seventy two inches (72") in height may be installed within rear yards and side yards along streets, excepting any portion within a front yard setback or clear vision area, if all of the following criteria are met: i. Fencing materials such as wrought iron, cedar wood, or similar shall be used. Chain link fencing is prohibited. ii. The fence is set back at least eight feet (8') from the subject prop- erty line. iii. Within the minimum eight feet (8') fence setback, irrigated or drought-tolerant landscaping that complies with the standards of RMC 4-4-070.(I-L.1)(P-Q) shall be in- stalled and continuously maintained so that plantings provide total cover- age of the area within three (3) years based on the following standards: (a) Ground Cover: Eighteen (18) ground cover plants per five (5) linear feet of landscaping strip. (1) Minimum four inch (4") pots. (2) Mulch must be confined to areas underneath plants and is not a substitute for ground cover plants. (b) Shrubs: Eight (8) low shrubs per five (5) linear feet. Up to fifty percent (50%) of shrubs may be deciduous: (1) Required Low Shrub: Ma- ture size under three feet (3') tall. Minimum size at planting: one or two (2) gallon pot or balled and burlapped equivalent. (2) Optional Medium Shrubs: Medium shrubs may be installed in place of required low shrubs. One medium shrub shall count as two (2) low shrubs. Mature size from three feet (3') to six feet (6') tall. Minimum size at plant- ing: two (2) or three (3) gallon pot or balled and burlapped equiva- lent. iv. The plants shall be planted in a triangular pattern with approximately even spacing, depending on the plant material. v. Plants listed as a nuisance or prohibited by King County are pro- hibited in required landscaped areas. vi. Planting of a hedge or plantings that will grow to become a hedge are prohibited to be within the required landscaping area between the prop- erty line and fence. vii. The finished face of the fence shall be oriented to the street. viii. No fence, hedge, or retaining wall shall exceed forty-two inches (42") within any clear vision area, as defined by RMC 4-11-030, Defini- tions C. ix. As an alternative to these stan- dards, an applicant may apply for a special administrative fence permit per subsection G of this Section. (Ord. 5518, 12-14-2009; Ord. 5798, 4-25- 2016; Ord. 5841, 6-12-2017) 4-4-040G 4 - 11 (Revised 5/16) 4. Gate Required: Residential fences, re- taining walls or hedges along rear lot lines of interior lots abutting alleys shall have an ac- cess gate to the alley. 5. Electric and Barbed Wire Fences: Elec- tric and/or barbed wire fences may be permit- ted by special administrative fence permit in all residential zones in cases where large do- mestic animals are being kept; provided, that additional fencing or an Administrator ap- proved barrier is erected along the property lines. (Ord. 5578, 11-15-2010; Ord. 5702, 12- 9-2013) E. STANDARDS FOR COMMERCIAL, INDUSTRIAL AND OTHER USES: 1. Location and Maximum Height: A max- imum of eight feet (8') anywhere on the lot provided the fence, retaining wall or hedge does not stand in or in front of any required landscaping or pose a traffic vision hazard. 2. Electric Fences: All electric fences shall be posted with permanent signs a minimum of thirty six (36) square inches in area at inter- vals of fifteen feet (15') stating that the fence is electrified. Electric fences and any related equipment and appliances must be installed in accor- dance with the manufacturer’s specifications and in compliance with the National Electrical Code. 3. Barbed Wire Fences: Barbed wire may only be used on top of fences at least six feet (6') high for commercial, industrial, utility and public uses. 4. Bulk Storage Fences: See RMC 4-4-110, Storage Facilities, Bulk. 5. Special Provisions: Fences for mobile home parks, subdivisions or planned urban development and for sites which are mined, graded or excavated may vary from these regulations as provided in the respective code sections. (Ord. 5153, 9-26-2005) F. ADMINISTRATIVE REVIEW OF VARIATION FROM HEIGHT RESTRICTIONS: A property owner wishing to vary the height re- strictions or placement of a fence or hedge on a lot may make written application to the Planning Division for an administrative review of the situa- tion. The Department’s staff shall review the ap- plication and prepare a written determination based upon criteria listed in subsection G of this Section, Special Administrative Fence Permits. (Ord. 5450, 3-2-2009) G. SPECIAL ADMINISTRATIVE FENCE PERMITS: 1. Fences Eligible for Administrative Re- view Process: Persons wishing to have one of the following types of fences may submit a letter of justification, site plan and typical ele- vation together with the permit fee to the De- partment of Community and Economic Development: a. Fences exceeding forty eight inches (48") within front yard or side yards along a street setback but not within a clear vi- sion area; 4-4-040H (Revised 5/16)4 - 12 b. Fences or hedges exceeding sev- enty two inches (72") and located outside of required yard setbacks; c. Electric fences; and d. Barbed wire fences. (Ord. 5450, 3-2-2009; Ord. 5578, 11-15-2010) 2. Evaluation Criteria: The Administrator may approve the issuance of special fence permits provided that the following objectives can be met: a. The proposed fence improves the privacy and security of the adjoining yard space; b. The proposed fence does not detract from the quality of the residential environ- ment by being out of scale or creating vast blank walls along public roadways; c. The proposed fence compliments the environment it serves in an aesthetically pleasing manner; and d. The proposed fence does not pres- ent a hazard to vehicular or pedestrian traffic. 3. Acceptable Measures to Meet Criteria: Fences located within the front or side and/or rear yard along a street setback may be a maximum of seventy two inches (72") in height, provided the evaluation criteria are met. Acceptable measures to achieve these criteria include, but are not limited to the fol- lowing: a. Permanent landscaping along the front of the fence; b. Quality fence material, such as cedar fencing; c. Modulation of the fence; d. Similar design and material as other fences in the surrounding neighborhood; e. Increased setbacks from the abutting sidewalk; f. Ornamental materials or construction treatment, such as wrought iron; g. Orientation of the finished face of the fence toward the street; h. The fence is at least fifty percent (50%) transparent; and i. Other comparable construction or de- sign methods. 4. Clear Vision Area: The fence proposed for special permits shall have no portion in the clear vision area over forty two inches (42") in height. The location and height of the fence must not obstruct views of oncoming traffic, or views from driveways. (Amd. Ord. 5008, 4-28-2003; Ord. 5676, 12-3-2012) H. COMPLIANCE: Fences that do not comply with these regulations must be brought into compliance within six (6) months from the date of notice of a fence violation from the City. (Ord. 4056, 4-13-1987; Ord. 5747, 1-12-2015) 4-4-050 GARAGE SALES – REQUIREMENTS FOR: A. APPLICABILITY: A garage sale which does not comply with the fol- lowing conditions shall be considered a business and must be brought into compliance with all re- quirements for business uses, including compli- ance with the Zoning Code. 4-4-060B 4 - 12.1 (Revised 2/15) B. CONDITIONS: Conditions for garage sales shall include: 1. Maximum Time and Number: Incidental garage sales consisting of no more than one such sale per calendar quarter, and no more than three (3) within the same calendar year and with no such sale continuing for more than two (2) days. 2. Supervision of Vehicles Required: Ga- rage sales shall be supervised and are the re- sponsibility of the occupant or the tenant who occupies the dwelling unit. This person shall not permit vehicles to impede the passage of traffic on any roads or streets in the area of the person’s property. 3. Use of Right-of-Way Prohibited: Goods are not to be displayed in public rights- of-way. 4. Signage Installation and Removal Re- quirements: Signs advertising such sales shall not be attached to any public structures, signs or traffic control devices or utility poles. Signs may only be placed on property owned by the person conducting the sale or on prop- erty where an owner gives consent to post such sign. All such signs shall be removed twenty four (24) hours after the sale is com- pleted. 5. Special Restriction for Self Storage Uses in RM-F Zone: No garage, yard, or es- tate sales are allowed from leased storage units. (Ord. 4736, 8-24-1998) C. VIOLATIONS OF THIS SECTION AND PENALTIES: Any person in violation of this Section shall be in- formed in writing of the violation and shall be given fourteen (14) days to comply with this Sec- tion. Following this action, if a subsequent garage sale is conducted in violation of this Section, each day the sale is conducted shall be considered a separate violation and shall be subject to the fol- lowing penalty. Any person conducting any “garage sale” as de- fined herein in RMC 4-11-070 without being prop- erly licensed therefor or who shall violate any of the other terms and regulations of this Section shall be guilty of a misdemeanor subject to RMC 1-3-1. (Ord. 4493, 1-23-1995; Ord. 5159, 10-17-2005) 4-4-060 GRADING, EXCAVATION AND MINING REGULATIONS: A. PURPOSE: It is the purpose of this Section to: 1. Provide a means of regulating mining, excavation and grading to promote the health, safety, morals, general welfare and esthetics in the City of Renton. 2. Promote the progressive rehabilitation of mining, excavation and grading sites to a suit- able new use. 3. Protect those areas and uses in the vicin- ity of mining, excavation and grading activi- ties against detrimental effects. 4. Promote safe, economic, systematic and uninterrupted mining, excavation and grading activities within the City of Renton. 5. Minimize adverse stormwater impacts generated by the removal of vegetation and alteration of landform in order to comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) Phase II Municipal Stormwater Permit. 6. Protect water quality from the adverse impact associated with erosion and sedimen- tation in order to comply with the require- ments of the National Pollutant Discharge Elimination System (NPDES) Phase II Munic- ipal Stormwater Permit. (Ord. 5526, 2-1-2010) B. SCOPE: 1. Applicability: All mining, excavation and grading activities within the City of Renton shall be subject to the terms and conditions of this Section. All such activities shall be further in compliance with chapter 78.44 RCW and subject to the terms of this Section. 2. Application Required for Existing Ac- tivities: The owner or operator of such activ- ities in the City at the time of the adoption of this Section shall make the initial application 4-4-060C (Revised 2/15)4 - 12.2 within thirty (30) days and the entire applica- tion within ninety (90) days of the effective date of this Section. 3. Application Required for Activities Annexed into City: The owner or operator of such activities annexed subsequent to the adoption of this Section shall make the initial application within thirty (30) days and the en- tire application within ninety (90) days from the date of annexation. 4. Time for Compliance: All such existing activities shall comply fully with all provisions of this Section within the period of time estab- lished by this Section except such activities which are not existing at the date of the adop- tion of this Section shall conform to all provi- sions of this Section prior to the beginning of their operation. C. GENERAL: 1. Landscaping: Existing vegetation in any required setback shall be preserved or land- scaping shall be planted to prevent erosion and reduce the dust, mud and noise gener- ated on the proposed reuse of the site. Around the periphery of the site, except where the proposed reuse of the site requires the lack of vegetation, the applicant shall landscape in such a manner as to result in reasonable screening. Trees planted shall be at least four feet (4') in height. In those areas that have been rehabilitated and are desig- nated to be planted according to the pro- posed reuse of the site, the appropriate plantings shall be done as soon as possible to provide mature plants for the new use. 2. Screening: With the exception of offices, every effort shall be made to screen effec- tively all structures and activities to minimize 4-4-060D 4 - 13 (Revised 3/13) detrimental effects on adjacent or abutting property. Screening may include but is not limited to landscaping, berms with landscap- ing, and a screening fence. (Ord. 5676, 12-3-2012) 3. Natural Stream Courses: Every effort shall be made to preserve perennial and in- termittent streams and their surrounding veg- etation. (Ord. 2820, 1-14-1974, eff. 1-19-1974) 4. Hydroseeding Required: Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an appro- priate ground cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will occur within ninety (90) days. Alternative measures such as mulch, sodding, or plastic covering as specified in the Surface Water Design Manual may be proposed between the dates of October 1st and April 30th of each year. The Development Services Divi- sion’s approval of this work is required prior to final inspection and approval of the permit. (Ord. 4703, 2-2-1998; Ord. 5526, 2-1-2010) 5. Conformance with RCW: This Section conforms to the requirements of chapter 78.44 RCW which regulates surface mining in the State of Washington. (Ord. 2820, 1-14-1974, eff. 1-19-1974) 6. Notification of Noncompliance: It shall be the responsibility of the certifying engineer on any grading project to advise immediately any discrepancies, hazardous conditions or problems affecting safety and stability of the project to the person in charge of the grading work and subsequently in writing to the grad- ing operator and to the Building Department. Recommendations for corrective measures, if necessary, shall be provided in the correc- tion notices. 7. Transfer of Responsibility for Work: If at any time the grading operator changes the certifying engineer or a different ownership or responsible party occurs, the operator shall notify the Building Department in writing within ten (10) days and shall specify the new civil engineer or owner. The owner or grading operator shall not be relieved of any respon- sibility relative to the safety and conduct of a grading operation by virtue of changing engi- neering advisors. 8. Stop Work Order: Should hazardous conditions occur in either engineered grading or regular grading, the Building Department inspector shall have the responsibility and authority to issue a partial or total stop work order. 9. Emergency Permits: Upon application to the Development Services Division, sup- ported by those plans adequate for the Direc- tor of the Development Services Division to make a decision, there may be declared an emergency and the Director may issue an emergency fill and grade permit. In order for there to be declared an emergency, there must be a declaration from a State or Federal regulatory agency that an emergency condi- tion exists that threatens public safety, health or welfare, or the Development Services Divi- sion Director must be presented with inde- pendent evidence that there exists an emergency that imminently threatens public safety, health or welfare, and further that there exists inadequate time to obtain a fill and grade permit. Before the emergency per- mit can be issued, the Director must ensure that environmental review has been com- pleted by the Environmental Review Commit- tee or is under the supervision of a Federal or State agency that has conducted environ- mental review. As part of any emergency grading, the applicant for an emergency per- mit must provide a disposal plan of the mate- rials satisfactory to the Director, including routing of any vehicles transporting any con- taminated, dangerous or toxic materials. Any fill to be installed must comply with the re- quirements of this Section concerning the contents of the fill. An emergency fill and grading permit shall be for the minimum time and minimum volume necessary to avoid the emergency. (Ord. 4102, 12-14-1987, eff. 12-19-1987) D. GENERAL EROSION AND SEDIMENT CONTROL STANDARDS: 1. Erosion and Sediment Control Re- quired: A person who clears, grades or oth- erwise disturbs a site shall provide erosion and sediment control that prevents, to the maximum extent practicable, the transport of sediment from the site to drainage facilities, 4-4-060E (Revised 3/13)4 - 14 water resources and adjacent properties. Erosion and sediment controls shall be ap- plied as specified by the temporary erosion and sediment control measures and perfor- mance criteria and implementation require- ments in the Surface Water Design Manual adopted in accordance with RMC 4-6-030. 2. Seasonal Limitations: From October 1st through April 30th, which is the seasonal limitation period, clearing and grading shall only be permitted if shown to the satisfaction of the Director that runoff leaving the con- struction site will comply with the erosion and sediment control measures and performance criteria and implementation requirements in the Surface Water Design Manual through a combination of the following: a. Site conditions including vegetative coverage, slope, soil type and proximity to receiving waters; and b. Proposed limitations on activities and the extent of disturbed areas; and c. Proposed erosion and sedimentation control measures. 3. Expansion or Restriction of Seasonal Limitations: Based on the information pro- vided under subsection D1 of this Section, the Community and Economic Development Administrator may expand or restrict the sea- sonal limitations on site disturbance. The Ad- ministrator shall set forth in writing the basis for approval or denial of clearing or grading during the seasonal limitation period. (Ord. 5676, 12-3-2012) 4. Approved Erosion and Sediment Con- trol Plan Required: During the seasonal lim- itation period, clearing and grading will be allowed only if there is installation and main- tenance of an erosion and sedimentation control plan approved by the City of Renton Development Services Division that defines any limits on clearing and grading or specific erosion and sediment control measures re- quired during the seasonal limitation period. The Development Services Division may re- quire or approve alternate best management practices. 5. Violation: If, during the course of con- struction activity or soil disturbance during the seasonal limitation period, silt-laden run- off violating standards in the Surface Water Design Manual leaves the construction site or if clearing and grading limits or erosion and sediment control measures shown in the ap- proved plan are not maintained, the depart- ment inspector shall have the responsibility and authority to issue a partial or total stop work order. 6. Continued Violation: If the erosion and sediment control problem defined in the stop work order is not adequately repaired within twenty four (24) hours of issuance, then a no- tice and order may be issued to install ade- quate erosion and sediment control measures to stop silt-laden runoff from leav- ing the site. The order may also require the property owner to discontinue any further clearing or grading, except for erosion and sediment control maintenance and repair, un- til the following April 30th. (Ord. 5526, 2-1-2010) E. BOND REQUIRED TO COVER COSTS OF REHABILITATION: The Development Services Division shall require bonds amounting to one and one-half (1-1/2) times the estimated cost of rehabilitation to as- sure that the work, if not completed or proceeding in accordance with the approved plans and spec- ifications, shall be corrected. Such a bond shall be approved by the City Attorney and filed with the City Clerk. In lieu of a surety bond, the appli- cant may file a cash bond or instrument of credit with the City Clerk in an amount equal to that which would be required in the surety bond. The bond shall be conditioned upon the faithful perfor- mance of the requirements as set forth in this Section. Any reclamation bonds posted with the State Department of Natural Resources for sur- face mining permits may be applied on the bond requirements, insofar as they pertain to the recla- mation provisions of this Section. (Ord. 5526, 2-1-2010) F. INSPECTION: 1. Inspection Authorized: All operations regulated by this Section shall be subject to inspection by authorized Development Ser- vices Division inspection personnel. When extraordinary or special problems or condi- tions are involved, extra inspection of grading 4-4-060H 4 - 15 (Revised 3/17) operations and special tests may be ordered by the City. 2. Entry to be Permitted: No owner or oc- cupant or any other person having charge, care or control of any building, land, structure, premises or portion thereof shall fail or ne- glect, after proper demand, to promptly per- mit lawful entry thereon by the Development Services Division inspection personnel for the purpose of inspection and examination pursuant to this Section. (Ord. 2820, 1-14-1974, eff. 1-19-1974; Amd. Ord. 3592, 12-14-1981; Ord. 5526, 2-1-2010) G. RESTORATION OF HAZARD REQUIRED: Whenever the Community or Economic Develop- ment Administrator determines that an existing site, as a result of clearing or grading, excavation, embankment, or fill has become a hazard to life and limb, or endangers property, or adversely af- fects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the clearing, grading, excavation or fill is lo- cated, or other person or agent in control of said property, upon receipt of notice in writing from the Administrator, shall within the period specified therein restore the site affected by such clearing or grading or repair or eliminate such excavation or embankment or fill so as to eliminate the haz- ard and be in conformance with the requirements of this Chapter. (Ord. 5526, 2-1-2010; Ord. 5676, 12-3-2012) H. ENGINEERING GRADING REQUIREMENTS: 1. Reports Required: Soil engineering and geotechnical reports shall be required as de- fined in RMC 4-11-190 and 4-11-190. During grading all necessary reports, compaction data and soil engineering and engineering geology recommendations shall be submitted to the civil engineer and the Public Works De- partment by the soil engineer and the engi- neering geologist. The Public Works Department may waive reports for minor grading operations. 2. Civil Engineer Responsibilities: For purposes of preparing and/or approving engi- neered grading plans, the engineer shall be a professional engineer registered in the State to practice in the field of civil works. The civil engineer shall be responsible for the plans, any special soil engineering and testing re- ports, design of drainage facilities and struc- tures, and be competent to recommend and obtain special tests, survey data, and geolog- ical or hydraulic reports should they be nec- essary. The civil engineer shall provide an acceptable plan and report based on good engineering practices and the requirements designated by the Public Works Department. He shall, upon return of his plans, provide any corrections necessary and corrected copies for use of the City in reviewing the grading work. The civil engineer shall be responsible for reporting monthly or more frequently on forms provided by the Public Works Depart- ment: a. Extent and location of grading. b. All tests made or taken in conjunction with the grading operation. c. Extent of drainage, structure, and safety activity report on the project. d. Any special testing, as-built plans or revised requests necessary. In addition, he shall certify to the safety and stability of the slopes, safety earthwork oper- ation, and special problems which might oc- cur. 3. Soil Engineer Responsibilities: The soil engineer’s area of responsibility shall in- clude but need not be limited to the profes- sional inspection and certification concerning the preparation of ground to receive fills, test- ing for required compaction, stability of all fin- ish slopes and the design of buttress fills, where required, incorporating data supplied by the engineering geologist. 4. Engineering Geologist Responsibili- ties: The engineering geologist’s area of re- sponsibility shall include but need not be limited to professional inspection and certifi- cation of the adequacy of natural ground for receiving fills and the stability of cut slopes with respect to geological matters, and the need for subdrains or other groundwater drainage devices. He shall report his findings to the soil engineer and the civil engineer for engineering analysis. (Ord. 2820, 1-14-1974, eff. 1-19-1974) 4-4-060I (Revised 3/17)4 - 16 5. Building Division Responsibilities: The Building Division shall inspect the project at frequent intervals to determine that ade- quate control is being exercised by the oper- ator and the civil engineer. Should hazardous conditions occur, the Building Department in- spector shall have the responsibility and au- thority to issue a partial or total stop work order. (Ord. 2820, 1-14-1974, eff. 1-19-1974, Amd. Ord. 3592, 12-14-1981) 6. Specifications: A fence six feet (6') in height with openings no larger than two inches (2") (other than gates) may be re- quired for safety reasons completely around any area worked upon for which a permit is is- sued for engineered grading prior to com- mencing any other work. All gates shall be locked when not in use and shall bear a sign denoting danger. 7. Setbacks: Engineered grading sites may be required to have a peripheral area a max- imum of seventy five feet (75') in width which shall be retained in its natural topographic condition. The setback area shall be used for, but is not limited to, access roads, planting, fencing, landscaped berms for screening pur- poses, employee and visitor parking, offices, directional signs and business signs identify- ing the occupant. (Ord. 2820, 1-14-1974, eff. 1-19-1974; Ord. 5526, 2-1-2010) 8. Contractors: During construction, flow control best management practices shall be protected consistent with the Surface Water Design Manual. (Ord. 5828, 12-12-2016) I. REGULAR GRADING REQUIREMENTS: 1. Inspection, Testing and Reports: In- spection and testing by an approved testing agency including certification of the exca- vated or filled areas may be required by the Building Division at any time the City’s autho- rized inspectors believe problems may occur. Should special problems be indicated in reg- ular grading, the Building Division may re- quire the owner or operator to submit engineering reports similar to engineered grading and may specify a time period for compliance to prevent undue hazard. (Ord. 5526, 2-1-2010) J. WORK IN PROGRESS: 1. Maximum Slopes – Work in Progress: No slopes greater than one horizontal to one vertical will be permitted for cuts, fills, or during excavations that exceed ten feet (10') in height without physical restraint by timber- ing or approval by the Community and Eco- nomic Development Department of an engineering or geologist report assuring slope will maintain its shape without undue risk of failing. (Ord. 2820, 1-14-1974, eff. 1-19-1974; Amd. Ord. 3592, 12-14-1981; Ord. 4835, 3-27-2000) 2. Safety: Workmen shall be allowed in the vicinity of the toe or top of slope only after close visual inspection of slope to assure safety against breakage or sliding. 3. Clearing and Rounding Tops of Slopes: All trees, timber, stumps, brush or debris shall be cleared to a point at least ten feet (10') back from the top of any slope in- volving cuts greater than ten feet (10'); pro- vided, that exceptions may be granted in areas where trees and brush have a signifi- cant role in maintaining slope stability. After excavation, the top of all slopes shall be rounded to prevent a sheer breaking point. 4. Property and Setback Location: Prop- erty location and approved setbacks must be established and stakes set under the supervi- sion of a registered land surveyor. These stakes must be maintained in place until final inspection of work so that the inspector can determine at any time if the excavation is properly located as related to the property lines. 5. Maximum Noise Levels: Noise levels at all operations shall be controlled to prevent undue nuisance to the public. Maximum al- lowable daytime sound pressure as mea- sured in any residential zone shall not exceed the following at least ninety percent (90%) of the time between the hours of seven o’clock (7:00) a.m. and eight o’clock (8:00) p.m. 4-4-060K 4 - 17 (Revised 3/17) SOUND PRESSURE LEVELS (Ord. 2820, 1-14-1974, eff. 1-19-1974) 6. Permitted Work Hours: All mining, ex- cavation and grading work done in residential areas or within three hundred feet (300') of residential areas shall be between the hours of seven o’clock (7:00) a.m. and eight o’clock (8:00) p.m., Monday through Friday, except repairs to machinery. Work may be permitted on Saturdays and Sundays only if approved in writing in advance by the Administrator. The Administrator is authorized to grant an extension of working time during an emer- gency. An emergency shall include but is not limited to natural and manmade disasters. (Ord. 3592, 12-14-1981, Amd. Ord. 4703, 2-2-1998) 7. Compliance with Pollution Control Regulations: Discharge of materials into the air or water shall be subject to the require- ments of the appropriate governing agency. (Ord. 2820, 1-14-1974, eff. 1-19-1974) 8. Control of Dust and Mud: Activities shall be operated so as to reduce dust and mud to a minimum. Unless otherwise speci- fied by the Public Works and Community and Economic Development Departments, opera- tions shall be conducted in accordance with the following standards: a. Access Roads: Access roads shall be maintained in a condition that confines the mud and dust to the site. Such roads shall be improved to a width sufficient to permit the unhindered movement of emergency vehicles. One-way roads shall have bypass routes to permit the movement of emergency vehicles. b. Dozing and Digging: Dozing, dig- ging, scraping and loading of excavated materials shall be done in a manner which reduces to the minimum level pos- sible the producing of dust and mud. (Ord. 2820, 1-14-1974, eff. 1-19-1974, Amd. Ord. 3592, 12-14-1981) 9. Soil Erosion and Sedimentation: Soil erosion and sedimentation shall be confined to the site by such means as a temporary cover of vegetation, mulches, diversions, sedimentation ponds or other acceptable methods. No toxic materials shall be allowed to wash from the site or be discharged into re- ceiving watercourses. (Amd. Ord. 4963, 5-13-2002) 10. Appearance: All activities under the ju- risdiction of this Section shall be operated and maintained in a neat and orderly manner, free from junk, trash, or unnecessary debris. Buildings shall be maintained in sound condi- tions, in good repair and appearance. Sal- vageable equipment stored in a nonoperating condition shall be suitably screened or ga- raged. Landscaping adjacent to and around the main entrance(s) and office shall be suffi- ciently watered and cared for to insure its health and well-being. (Ord. 5526, 2-1-2010) 11. Soil Compaction: After grading, per- meability of soils shall be reestablished in ar- eas intended for stormwater management and infiltration or areas not required to have a structural capacity such as future lawn and open space areas. Techniques may include deep-tilling and loosening soils compacted during site grading in order to restore their natural infiltration capacity. (Ord. 5828, 12- 12-2016) K. SURFACE WATER: 1. Polluted or Stagnant Water Prohib- ited: Under no circumstances shall stagnant or polluted waters be permitted in any site. Should these waters accumulate, remedial measures such as draining or backfilling shall be taken as corrective action. Backfill mate- rial shall be placed to a point one foot above the water table. 2. Minimum Lake Depth: Lakes formed in areas which may be used for recreational purposes shall be of such depth that shall in- hibit the growth of vegetative matter in the water. A minimum two foot (2') depth of water shall be maintained in these areas. The res- toration of any site which results in the forma- FREQUENCY BAND IN CYCLES/SECOND SOUND PRESSURE LEVEL IN DECIBELS re. 0.0002 MICROBAR 25 – 300 80 300 – 2,400 70 Above 2,400 60 4-4-060L (Revised 3/17)4 - 18 tion of a lake shall be the result of careful planning and shall take into consideration all factors which contribute to the ultimate ecol- ogy of the site. 3. Maximum Bank Slopes Adjacent to Lake: All banks, adjacent to any body of water created, shall be sloped or stepped as follows to permit a person to escape from the water: a. Unconsolidated Material: Soil, sand, gravel and other unconsolidated materials shall be sloped to two feet (2') below the low groundwater line at a slope no steeper than one and one-half feet horizontal to one foot vertical (1.5':1'). (Ord. 5526, 2-1-2010) L. TOP AND TOE SETBACKS: 1. Setbacks – Minimum: The tops and toes of cut and fill slopes shall be set back from setback lines as far as necessary to pre- serve the setback for the safety and benefit of adjacent properties, the adequacy of founda- tions, and to prevent damage as a result of water runoff or erosion of the slopes. Setbacks shall be no less than the following: a. Tops of Slopes: Distance to the set- back line for the top of slopes shall be a minimum of ten feet (10'). b. Structures: Distance to structures, if any structures on the site shall be as fol- lows: (Ord. 5526, 2-1-2010) M. CUTS: 1. General: Unless otherwise recom- mended in the approved soil engineering and/or engineering geology report, cuts shall conform to the provisions of this Section. 2. Maximum Slope: The slope of cut sur- faces shall be no steeper than is safe for the intended use. Except in conjunction with a modification granted per RMC 4-9-250D1 for one of the circumstances listed in RMC 4-3-050N2a(ii) (Geologic Hazards – Modifi- cations), cut operations associated with a plat, short plat, subdivision or dedication, or other permitted land development activity which would result in the creation of perma- nent slopes forty percent (40%) or greater which are fifteen feet (15') in height, i.e., pro- tected slopes, shall not be approved. (Amd. Ord. 4835, 3-27-2000) 3. Drainage and Terracing: Drainage and terracing shall be provided as required by subsection N of this Section. (Ord. 5526, 2-1-2010) N. FILLS: 1. Applicability and Exemptions: Unless otherwise recommended in the approved soil engineering report, fills shall conform to the provisions of this Section. In the absence of an approved soil engineering report, these provisions may be waived for minor fills not intended to support structures. For minor fills or waste areas, humps, hollows or water pockets shall be graded smooth with accept- able slopes. 2. Fill Location: Fill slopes shall not be constructed: a. On natural slopes steeper than two- and-one-half horizontal to one vertical (2.5:1) that are fifteen feet (15') or greater in height (except in conjunction with a modification granted per RMC 4-9-250D1 for filling against the toe of a natural rock wall – see RMC 4-3-050N2a(ii)(b)); or b. Where the fill slope toes out within twelve feet (12') horizontally of the top of existing or planned cut slopes that are fif- Slope Height Top Toe Less than 11' 5' 3' 11 – 30.9' 7' Height/2' 31' and over 10' 15' 4-4-060N 4 - 19 (Revised 3/17) teen feet (15') or greater in height and steeper than two-and-one-half horizontal to one vertical (2.5:1). (Amd. Ord. 4835, 3-27-2000; Ord. 4851, 8-7-2000) 3. Preparation of Ground: The ground sur- face shall be prepared to receive fill by remov- ing vegetation, noncomplying fill, topsoil and other unsuitable materials as determined by the soil engineer, and where the slopes are five to one (5:1) or steeper, by benching into sound bedrock or other competent material, provided native vegetation and significant trees are protected pursuant to RMC 4-4-130. (Ord. 5828, 12-12-2016) 4. Fill Material: Fill materials shall have no more than minor amounts of organic sub- stances and shall have no rock or similar irre- ducible material with a maximum dimension greater than eight inches (8"). Fill material shall meet the following requirements: a. Construction, Demolition, and Land Clearing Waste Prohibited: Fill material shall be free of construction, demolition, and land clearing waste ex- cept that this requirement does not pre- clude the use of recycled concrete rubble per Washington State Department of Transportation Standard Specifications for Road, Bridge, and Municipal Con- struction. b. Cleanliness of Fill Material: Fill ma- terial shall not contain concentrations of contaminants that exceed cleanup stan- dards for soil specified in WAC 173-340-740, Model Toxics Control Act. c. Special Requirement for Projects Located in Zone 1 of the Aquifer Pro- tection Area and Which Will Involve Placement of More than Fifty (50) Cu- bic Yards of Imported Fill: A source statement certified by a professional en- gineer or geologist licensed in the State of Washington shall be provided to the Department and shall be reviewed and accepted by the Department prior to stockpiling or grading imported fill at the project site. The source statement, as de- fined in RMC 4-8-120D19, shall be re- quired for each source location from which imported fill will be obtained. d. Special Requirement for Projects Located in Zone 2 of the Aquifer Pro- tection Area and Which Will Involve Placement of More than One Hundred (100) Cubic Yards of Imported Fill: The source statement described in RMC 4-8-120D19 is required for each source location from which imported fill will be obtained. e. Abbreviated Source Statement for Aquifer Protection Area: The Depart- ment may accept a source statement, as defined in RMC 4-8-120D19, that does not include results of sampling and anal- ysis of imported fill if a professional geol- ogist or engineer licensed in the State of Washington certifies that the source loca- tion from which fill will be obtained has never been filled, developed, or sub- jected to use that could have introduced chemical contamination to the site. f. Department Authority to Request Additional Information or Reject Certi- fied Source Statement: The Depart- ment has the authority to request addi- tional information regarding imported fill material and the source thereof and to re- ject a source statement or abbreviated source statement if they do not demon- strate that the fill material to be imported to a project site meets fill material stan- dards in subsections L4a and L4b of this Section and/or the Department has rea- son to suspect that the fill material could be contaminated. Such requests or rejec- tions shall be made in writing to the appli- cant. g. Source Statement Not Required for Imported Fill Obtained from Wash- ington State Department of Transpor- tation Approved Source: The source statement defined in RMC 4-8-120D19 is not required for those projects located in the aquifer protection area if documenta- tion is provided that imported fill will be obtained from a Washington State De- partment of Transportation approved source. (Amd. Ord. 4851, 8-7-2000) h. Sampling and Analysis Proce- dures: The licensed professional engi- neer or geologist or person under their supervision who samples earth materials 4-4-060N (Revised 3/17)4 - 20 to be used as imported fill, oversees analysis, and prepares the source state- ment required by subsections L4c and L4d of this Section shall follow proce- dures specified in WAC 173-340-820 and 173-340-830 of the Model Toxics Control Act Cleanup Regulation. i. Permittee Subject to Required Ac- tions after Illegal Placement of Im- ported Fill: A permittee who stockpiles or grades imported fill at the site without Department review and acceptance of the source statement required by sub- sections L4c and L4d of this Section or who stockpiles or grades fill at the site that does not meet the fill quality stan- dards of subsections L4a and L4b of this Section is subject to measures specified by the Department to reduce risk of con- tamination of the site due to illegal place- ment of fill. Such measures may include, but are not limited to, any or all of the fol- lowing and shall be implemented at the permittee’s expense: i. Provide the Department with the source statement defined in RMC 4-8-120D19 within a time-period specified by the Department; ii. Immediately cover fill with a wa- terproof cover; iii. Immediately remove fill; iv. Installation of monitoring wells and monitoring of ground water qual- ity; v. Remediation of contamination of the site caused by the illegal place- ment of fill according to a schedule specified by the Department and in accordance with cleanup standards for soil and groundwater described in the Model Toxics Control Act Cleanup Regulation, chapter 173-340 WAC. j. Department Authority to Conduct Independent Sampling and Analysis: The Department shall have the authority to enter on to private property to conduct independent sampling and analysis of fill. If the Department determines that fill does not meet fill quality standards of subsections L4a and L4b of this Section, then it may require the permittee to ac- complish any or all of the measures listed in subsection L4i of this Section at his or her own expense. k. Department Authority to Imple- ment Removal and Remediation Mea- sures: The Department or its authorized agents shall have the authority to imple- ment measures listed in subsection L4i of this Section if the permittee fails to ac- complish such measures in a timely man- ner. The permittee shall be responsible for any costs incurred by the Department or its authorized agents in the conduct of such activities. (Amd. Ord. 4740, 7-19-1999; Ord. 4992, 12-9-2002) 5. Minimum Compaction: All fills shall be compacted to a minimum of ninety five per- cent (95%) of maximum density as deter- mined by American Public Works Association (APWA) specifications. Field density shall be determined in accordance with APWA stan- dards. Exceptions to the compaction require- ment include soils below areas set aside for low impact development best management practices designed consistent with RMC 4-6- 030. (Ord. 5828, 12-12-2016) 6. Maximum Slope: The slope of fill sur- faces shall be no steeper than is safe for the intended use. Except in conjunction with a modification granted per RMC 4-9-250D1 for one of the circumstances listed in RMC 4-3-050N2a(ii) (Geologic Hazards – Modifi- cations), fill operations associated with a plat, short plat, subdivision or dedication, or other permitted land development activity which would result in the creation of permanent slopes forty percent (40%) or greater which are fifteen feet (15') in height, i.e., protected slopes, shall not be approved. (Amd. Ord. 4835, 3-27-2000) 7. Drainage and Terracing: Drainage and terracing shall be provided and the area above fill slopes and the surfaces of terraces shall be as required by subsection N of this Section. (Ord. 5526, 2-1-2010) 4-4-060O 4 - 20.1 (Revised 3/17) O. SOLID WASTE FILLS: 1. Reports Required: Reports by an engi- neer qualified in solid and sanitary waste fills shall be required. Such reports shall include but are not limited to design; insect and ver- min control, physiological considerations; sight, noise and odor control of material; spe- cial ingress and egress control for equipment; and special drainage requirements. These reports shall be in addition to those required elsewhere in this Section. 2. Report Contents: The engineering re- ports submitted shall include plans and means of preventing and eliminating any health hazards and visual problems. All phases of sanitary landfill operations and solid waste fills shall be provided in the engi- neering report, including type, nature, and amount of equipment, manpower, special precautions, chemical usage and availability of granular material for the coverage of the cell material. Bonding requirements, restric- tions on noise, dust and mud, special fencing requirements, special precautions required and availability of twenty four (24) hour in- spection and correction of hazards shall be provided by operator agreement with the City prior to any consideration for either a sanitary landfill or solid waste fill. 3. General: Unless specific requirements are mentioned in this Section, the require- ments of subsection L of this Section shall be followed. (Revised 3/17)4 - 20.2 This page left intentionally blank. 4-4-060O 4 - 21 (Revised 3/10) 4. Location: Special attention shall be given to solid waste and/or sanitary fill loca- tion to prevent undue hazard. 5. Cell Cover: Cell construction on any solid waste fill shall consist of at least a six inch (6") noncontaminated uniformly graded granular cover material covering the entire area of the cell construction. Each cell shall be covered the same day it is constructed. 6. Compaction: Compaction of the solid waste or sanitary fill material and mixture of the material shall be such as to provide a rel- atively uniform density with no extreme soft spots. Density of compacted cellular solid waste material shall be as high as possible in accordance with good mixing compacting standards and shall at no time be less than forty percent (40%) of the density of a similar sample of material compacted under ideal conditions by providing a fifty (50) pound per square foot surcharge on a one cubic foot sample of the material. 7. Bulk Items: Solid waste materials of bulk items involving metallic units similar to refrig- erators, stoves, car bodies, water tanks, heavy timber items and similar items shall be placed in the lower portion of a cell with suffi- cient cover and compaction of cover to pre- clude any dangerous voids. 8. Building Debris and Flammable Mate- rial: Broken wood, building material and re- lated debris from structure removal (exclusive of brick and concrete) shall be sat- isfactorily broken and crushed to provide a reasonably compacted cell when covered by granular material. Protection shall be pro- vided for any wood or burnable material to prevent fire either on the surface or subsur- face. The earth cover on any cell containing flammable material including paper, wood, or vegetable products shall be sufficiently cov- ered to prevent spread of flames should com- bustion occur in any cell due to spontaneous combustion. 9. Stabilization: Brick, broken concrete, crushed building materials, not including ex- tensive wooden or flammable matter, may be utilized in embankment where they may be of assistance in preventing undue sliding, water scouring or voids which might harbor vermin. This material shall be sufficiently mixed or covered with suitable granular material to prevent unsightly effects. 10. Animal Waste: Animal waste shall be provided with suitable cover and sterilization to prevent decay odors, build up of flammable gasses, or possible leaching of putrescible material. Chemical treatment shall be pro- vided to prevent insect habitation. 11. Treated Fill: Materials such as hay, straw, tree limbs and brush, vegetable farm waste, feathers, rubber tires, wood pulp, chemical substances, industrial waste, and silage type material may need special treat- ment before utilization in a solid waste or san- itary landfill. Special request and reports shall be made on waste materials of the foregoing types prior to placement in landfills. 12. Prohibited Fill: No materials of appre- ciable volume of an extremely harmful nature to environment shall be placed in any solid waste or sanitary landfill. This includes, but is not limited to, any form of demolition material of an explosive nature, any volatile or liquid petroleum product, any chemical salts or sol- uble material which would contaminate storm- water, surface water or air, and any animal meat or semisolid fruit or grain products which might become rancid, putrescible or harmful. No provisions of the sanitary landfill or solid waste fill requirements shall preclude the use of nonharmful native clay, sand, rock, or nor- mal fill type materials in filling operations cov- ered under other subsections of this Section. 13. Drainage: Special attention shall be provided drainage in any solid waste or sani- tary landfill to prevent leaching of noxious or putrescible materials, decaying nuisance, any contamination of normal watercourses. Where water might leach through the con- struction cells, subdrains, lateral collectors and storage ponds shall be provided. Leach water from solid waste shall not be permitted to percolate downward into the water table. Leach water shall be collected and conveyed to a sewage treatment plant. 14. Water Disposal: Any leach water com- ing from covered sanitary or solid waste fill cells shall be collected, stored and decontam- inated by suitable chemical or other means and then disposed of in a sanitary sewer. Should suitable collection facilities, sand fil- 4-4-060P (Revised 3/10)4 - 22 ters and chemical-cleaning be provided to prevent any toxicity and reduce the leach wa- ter to an equivalent of normal storm flow, the Public Works Department may permit dis- posal through normal stormwater facilities. Frequent samples of all water collected shall be taken, and flow conditions shall be con- trolled to prevent contamination or overload- ing of either the sanitary or stormwater facilities. Surface runoff in any sanitary pit or solid waste landfill shall be maintained sepa- rately to prevent contamination by leaching. 15. Special Considerations: Special pav- ing, surface protection, and related health re- quirements may be imposed on sanitary landfill and solid waste operations. 16. Prohibited Activities: No junk picking or field salvaging of any solid waste or sani- tary landfill items shall be allowed in the vicin- ity of the landfill. Any separation of materials for salvage shall be provided at the collection point or an approved transfer site prior to dis- posal at the landfill site. (Ord. 5526, 2-1-2010) P. DRAINAGE: 1. General: Unless otherwise indicated on the approved grading plan, drainage facilities and terracing shall conform to the provisions of this Section. Special drainage protection work may be ordered in case of emergency or serious potential flooding conditions, and the grading operator required to have available an employee to be called in times of potential serious emergency hazards. 2. Terrace: Terraces at least eight feet (8') in width shall be established at no more than twenty five foot (25') intervals to control sur- face runoff. Suitable access shall be provided to permit cleaning and maintenance. a. Swales: Swales or ditches on the back side of the terrace shall have a max- imum longitudinal gradient of two percent (2%) unless protected by special paving, use of corrugated metal or other scour prevention devices. Drainage shall be designed to minimize trapping of exces- sive water which might endanger the ter- race. Terraces shall slope toward the back or cut face at a minimum of ten per- cent (10%) slope to keep water from overtopping. b. Scouring: Single run of swale or ditch shall not collect runoff from a tribu- tary area exceeding thirteen thousand five hundred (13,500) square feet of the area of the face of the slope without dis- charging into a down drain. Down drains shall terminate into a catch basin or other approved receiver to prevent scouring at the outfall. c. Capacity: Designed capacity for ter- races shall be a twenty four (24) hour, twenty five (25) year storm as published by the U.S. Weather Bureau. Design ve- locity shall be such as to avoid water transporting colloidal silts in the stream. Should request be made for variation from the twenty four (24) hour, twenty five (25) year storm by the engineering de- signer, sufficient data shall be submitted in an engineering report to analyze the re- quested variation. When accumulated flows are such that the water is capable of transporting colloidal silts or other parti- cles in suspension down drains, pipe or lined ditches shall be incorporated to dis- pose of the runoff safely. Energy dispers- ing structures shall be used to prevent erosion. d. Settling Ponds: Where stormwater and ground conditions appear to warrant, special holding and settling ponds, stormwater storage reservoirs, or other means may be required to prevent over- load or unusual by-pass of storm flow wa- ter to areas off the owner’s site and control. 3. Subsurface Drainage: Cut and fill slopes shall be provided with subsurface drainage as necessary for stability. 4. Disposal: All drainage facilities shall be designed to carry waters to the nearest prac- ticable drainage way approved by the City and/or other appropriate jurisdiction as a safe place to deposit such waters. Silt and other debris shall be removed prior to the disposal of such water. If drainage facilities discharge onto natural ground, riprap may be required. (Ord. 2820, 1-14-1974, eff. 1-19-1974) 4-4-060R 4 - 23 (Revised 3/17) a. Minimum Grade: At least two per- cent (2%) gradient toward approved drainage facilities from building pads will be required unless waived by the Build- ing Department for nonhilly terrain. Ex- ception: The gradient from the building pad may be one percent (1%) where building construction, and erosion control will be completed before hazardous con- ditions can occur. (Ord. 2820, 1-14-1974, eff. 1-19-1974; Amd. Ord. 3592, 12-14-1981) b. Drainage Releases: The property owner or his authorized agent shall sub- mit acceptable copies of drainage re- leases from downstream owners or other government agencies concerned when- ever drainage is interrupted, diverted or changed from natural surface or subsur- face drainage patterns. c. Stream Acceptance: The volume and rate of water released shall not ex- ceed the receiving stream’s or water- course’s ability to accept the water without erosion. 5. Overland Runoff: Runoff from areas of higher elevation shall be safely routed around or through the extraction or fill area. (Ord. 2820, 1-14-1974, eff. 1-19-1974; Ord. 5526, 2-1-2010) Q. SLOPES: 1. General: The faces of cut and fill slopes shall be provided and maintained to control against erosion. This control may consist of effective planting. The protection for the slopes shall be installed as soon as practica- ble and prior to calling for final approval. Where cut slopes are not subject to erosion due to the erosion-resistant character of the materials, such protection may be omitted with the permission of the Building Depart- ment, provided that this protection is not re- quired by the rehabilitation plan. (Ord. 2820, 1-14-1974, eff. 1-19-1974; Amd. Ord. 3592, 12-14-1981) 2. Other Devices: Where necessary check dams, cribbing, riprap or other devices or methods shall be employed to control erosion and sediment, provide safety, and control the rate of water runoff. (Ord. 2820, 1-14-1974, eff. 1-19-1974; Ord. 5526, 2-1-2010) R. FINAL REPORTS: 1. Construction Timing and Final Ap- proval: a. No work related to permanent or temporary storm drainage control for a permitted development may proceed without the approval of the Administrator. b. Erosion and sediment control mea- sures associated with both the interim and permanent systems shall be: i. Constructed in accordance with the approved plan prior to any grad- ing or land clearing other than asso- ciated with an approved erosion and sediment control plan; and ii. Satisfactorily sequenced and maintained until all improvements, restoration and landscaping associ- ated with the permit and approvals for the project are completed and the potential for on-site erosion has passed. 2. Plans and Reports: Upon completion of the rough grading work and at the final com- pletion of the work, the Development Ser- vices Division may require the following reports and drawings and supplements thereto: (Ord. 2820, 1-14-1974, eff. 1-19-1974; Amd. Ord. 3592, 12-14-1981) a. As-Graded Grading Plan: An as- graded grading plan prepared by the civil engineer including original ground sur- face elevations, as-graded ground sur- face installations, lot drainage patterns and locations and elevations of all surface and subsurface drainage facilities. The civil engineer shall provide certification that the work was done in accordance with the final approved grading plan. b. Soil Grading Report: A soil grading report prepared by the soil engineer in- cluding locations and elevations by field density tests, summaries of field and lab- oratory tests and other substantiating data and comments on any changes 4-4-060S (Revised 3/17)4 - 24 made during grading and their effect on the recommendation made in the soil en- gineering investigation report. The soil engineer shall provide certification as to the adequacy of the site for the intended use. c. Geologic Grading Report: A geo- logic grading report prepared by the engi- neering geologist including a final description of the geology of the site in- cluding any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan. The engineering geologist shall provide certification as to the adequacy of the site for the intended use as affected by geologic factors. (Ord. 2820, 1-14-1974, eff. 1-19-1974) 3. Notification of Completion: The permit- tee or his agent shall notify the Development Services Division when the grading operation is ready for final inspection. (Ord. 2820, 1-14-1974, eff. 1-19-1974; Amd. Ord. 3592, 12-14-1981; Ord. 5526, 2-1-2010) 4. Final Approval: The applicant shall con- struct and have in operation those portions of the drainage facilities necessary to accom- modate the control of surface and stormwater runoff discharging from the site (a) before the construction of any other improvements or buildings on the site, and (b) prior to final re- cording of a plat or short plat. However, upon written request and provision for security ac- ceptable to the City, the Administrator may authorize a delay in the construction of drain- age facilities beyond other construction and/ or recording if such delay would minimize ad- verse drainage impacts related to weather and/or soil conditions. Final approval shall not be given until all work including installa- tion of all drainage facilities and their protec- tive devices and all erosion control measures have been completed in accordance with the final approved grading plan and the required reports have been submitted. (Ord. 5828, 12- 12-2016) S. PERMITS AND FEES REQUIRED: 1. Submittal Requirements and Fees: Grading, excavation and mining permits and licenses are required per RMC 4-9-080 for major and minor activities. Submittal require- ments are listed in RMC 4-8-120, Submittal Requirements – Specific to Application Type. Application fees are listed per Chapter 4-1 RMC, Administration and Enforcement. 2. Threshold for Drainage Review: A per- son applying for a grading, excavation and mining permit and license shall be required to comply with all drainage review requirements per RMC 4-6-030 if the project results in seven thousand (7,000) square feet or more of land disturbing activity. 3. Plans and Calculations Required: Submittal of plans and supportive calcula- tions shall be in accordance with RMC 4-6-030. (Ord. 4963, 5-13-2002; Ord. 5526, 2-1-2010) T. APPEALS: If the applicant does not concur with the require- ments of the Development Services Division, he has the prerogative of appealing to the Hearing Examiner pursuant to RMC 4-8-110. (Ord. 3592, 12-14-1981; Amd. Ord. 4963, 5-13-2002; Ord. 5526, 2-1-2010) U. VIOLATIONS OF THIS CHAPTER AND PENALTIES: Unless otherwise specified, violations of this Chapter are misdemeanors subject to RMC 1-3-1. (Ord. 4351, 5-4-1992; Amd. Ord. 4963, 5-13-2002; Ord. 5159, 10-17-2005; Ord. 5526, 2-1-2010) 4-4-070 LANDSCAPING: A. PURPOSE AND INTENT: The purpose of these landscape requirements is to establish consistent and comprehensive land- scape provisions to preserve and enhance the landscape character of the City; to improve the aesthetic quality of the built environment; to mini- mize erosion and reduce the impacts of develop- ment on natural areas within the City and on storm drainage systems and water resources in particular; to protect existing street trees; to pro- vide shade, reduce noise and glare, and establish a healthier environment; to provide transitions be- tween various land uses; improve and soften the appearance of parking areas; to ensure plant es- tablishment and survival; to increase privacy and protection from visual or physical intrusion; and to maintain and protect property values, and gener- 4-4-070F 4 - 25 (Revised 5/18) ally enhance the overall image and appearance of the City and quality of life for its citizens. It is not the intent of these regulations that rigid and inflexible design standards be imposed, but rather that minimum standards be set. It is ex- pected that accepted horticultural practices and landscape architectural principles will be applied by design professionals. B. APPLICABILITY: 1. The requirements of this Section shall apply to the entire site and/or all parking ar- eas in any of the following cases: a. All subdivision including short plats; or b. All new buildings and new storm drainage facilities; or c. Additions to existing buildings that in- crease the gross square footage of the building by greater than one third; or d. Conversion of vacant land (e.g., to parking or storage lots); or e. Conversion of a residential use to a non-residential use; or f. Other changes in the use of a prop- erty or remodel of a structure that re- quires improvements equal to or greater than fifty percent (50%) of the assessed property valuation. (Ord. 5749, 1-12- 2015) C. EXEMPTIONS: 1. CD Zone: New and existing develop- ment in the CD zone is subject to subsection F2 of this Section, Street Trees and Land- scaping Required Within the Right-of-Way on Public Streets, subsection F6 of this Section, Parking Lots, and subsection P of this Sec- tion, Maintenance, but is exempt from other requirements of this Section. (Ord. 5798, 4- 25-2016) 2. The following uses are exempt from all but the maintenance and street tree require- ments of this Section: a. Single Family Building Permits: Single family residential building permits, when not a part of a new subdivision; b. Residential Subdivisions: Those yards not abutting a public street or pri- vate street or shared driveway are ex- empt from landscape regulations; c. Vehicle Sales Parking: Non-perim- eter portions of vehicle sales display ar- eas are exempt; d. Storage Lots: Non-perimeter por- tions of storage lots, see RMC 4-4-120; and e. Those alterations or small additions determined by the Community and Eco- nomic Development Administrator not to warrant improvements to the entire site. (Ord. 5676, 12-3-2012) D. PLANS REQUIRED AND TIMING FOR PLANS SUBMITTAL: Conceptual as well as detailed landscaping plans are required for all non-exempt development. Specific submittal requirements shall be as indi- cated in RMC 4-8-120, Submittal Requirements. The conceptual plans must be submitted at the time of land use permit application. Detailed land- scape plans must be approved prior to issuance of a building permit or, for subdivisions, prior to street or utility construction permit issuance. E. AUTHORITY: All plans and landscaping required by this Section are subject to approval by the Community and Economic Development Administrator. (Ord. 5676, 12-3-2012) F. AREAS REQUIRED TO BE LANDSCAPED: 1. Street Frontage Landscaping Re- quired: Ten feet (10') of on-site landscaping is required along all public street frontages, with the exception of areas for required walk- ways and driveways and those zones with building setbacks less than ten feet (10'). In those cases, ten feet (10') of landscaping shall be required where buildings are not lo- cated. 4-4-070F (Revised 5/18)4 - 26 2. Street Trees and Landscaping Re- quired Within the Right-of-Way on Public Streets: Minimum planting strip widths be- tween the curb and sidewalk are established according to the street development stan- dards of RMC 4-6-060. Street trees and, at a minimum, groundcover per subsection L2 of this Section, are to be located in this area when present. Spacing standards shall be as stipulated by the Department of Community and Economic Development, provided there shall be a minimum of one street tree planted per address. Any additional undeveloped right-of-way areas shall be landscaped un- less otherwise determined by the Administra- tor. Refer to the City’s Approved Tree List and spacing standards available through the De- partment of Community and Economic De- velopment and on the City’s website. (Ord. 5676, 12-3-2012) 3. Front Yard Trees Required When Street Trees Are Not Located Within the Right-of-Way Abutting a Front Yard: Where there is insufficient right-of-way space or no public frontage, street trees are re- quired in the front yard subject to approval of the Administrator. Front yard trees are not re- quired in the RC and R-1 zones. A minimum of two (2) trees are to be located in the front yard prior to final inspection. (Ord. 5676, 12-3-2012) 4. Projects Abutting Less Intensive Zones or Uses: a. Nonresidential Development in a Residential Zone: A fifteen-foot (15') wide partially sight-obscuring land- scaped visual barrier, or ten-foot (10') wide fully sight-obscuring landscaped vi- sual barrier, is required along common property lines. b. When a Residential Multi-family Zone or Use Is Abutting a Less Intense Residential Zone: A fifteen-foot (15') wide partially sight-obscuring land- scaped visual barrier, or ten-foot (10') wide fully sight-obscuring landscaped vi- sual barrier, is required along the com- mon property line. c. When a Commercial Zoned Lot or Use Is Abutting a Residential Zone: A fifteen-foot (15') wide partially sight-ob- scuring landscaped visual barrier, or ten- foot (10') wide fully sight-obscuring land- scaped visual barrier, is required along the common property line. d. When an Industrial Zoned Lot or Use Is Abutting a Residential or Com- mercial Zone: A fifteen-foot (15') wide partially sight-obscuring landscaped vi- sual barrier, or ten-foot (10') wide fully sight-obscuring landscaped visual bar- rier, is required along the common prop- erty line. 5. Pervious Areas to Be Landscaped: Pervious areas, with the exception of critical areas, shall have landscape treatment. Land- scaping may include hardscape such as dec- orative paving, rock outcroppings, fountains, plant containers, etc. 6. Parking Lots: Vehicle parking lots shall meet minimum landscape standards in this Section. a. Perimeter Landscaping: All parking lots shall have perimeter landscaping. See subsection H4 of this Section, Pe- rimeter Parking Lot Landscaping. b. Minimum Amounts of Interior Parking Lot Landscaping: Surface parking lots with more than fourteen (14) stalls shall be landscaped with plantings and trees as identified in this Section. In- terior parking lot landscaping dimensions are stipulated in subsection H5 of this Section. Minimum landscape area shall be provided as follows: (Ord. 5828, 12-12-2016) Total Number of Parking Stalls Minimum Landscape Area 15 to 50 15 sf/parking space 51 to 99 25 sf/parking space 100 or more 35 sf/parking space 4-4-070G 4 - 27 (Revised 5/18) c. Optional Layout Patterns: d. Perimeter Interior Landscaping: Perimeter landscaping may not substi- tute for interior landscaping. e. Exception for Existing Parking Lots: Where compliance would result in the loss of existing required parking spaces, the landscaping provisions shall prevail and the required parking mini- mum amount may be reduced without the requirement of a parking code modifica- tion. (Ord. 5867, 12-11-2017) 7. Minimum Freeway Frontage Land- scaping: For properties abutting a freeway, ten feet (10') of landscaping from the right-of- way line is required. 8. Storm Drainage Facilities: a. Flow Control and/or Water Quality Treatment Facilities: The perimeter of all new flow control and/or water quality treatment stormwater facilities shall be landscaped in accordance with the provi- sions of this Section and the Surface Wa- ter Design Manual, unless otherwise determined through the site plan review or subdivision review process. (Ord. 5749, 1-12-2015) b. Low Impact Development Facili- ties: Bioretention, infiltration, or other low impact development stormwater facilities shall be located to avoid on-site clearing and grading, to the extent feasible. Such facilities shall be designed to incorporate plant species consistent with the Surface Water Design Manual, with a preference for native trees and shrubs. (Ord. 5828, 12-12-2016) 9. Urban Separator Properties: Proper- ties within urban separators are subject to landscaping requirements of RMC 4-3-110E in addition to the requirements of this Section. (Ord. 5749, 1-12-2015) G. GENERAL LANDSCAPE REQUIREMENTS: 1. Compliance Required: Landscaping and screening required by this Section must comply with all of the provisions of this Sec- tion. The landscaping standards are mini- mums; higher standards can be substituted as long as fencing and vegetation do not ex- ceed height limits specified in RMC 4-4-040. Crime prevention and safety should be con- sidered in landscape design. 2. Protection of Street Trees: It shall be unlawful for any person without prior written approval of the City to remove, destroy, cut, break, or injure any street tree that is planted or growing in or upon any street right-of-way. 3. Retention of Existing Landscaping and Existing Trees Encouraged: Where possible, existing native trees and shrubs, rock outcroppings, and mature ornamental landscaping shall be preserved and incorpo- rated in the landscape layout and can be counted towards required landscaping. De- 4-4-070H (Revised 5/18)4 - 28 velopment or redevelopment of properties shall retain existing trees when possible and minimize the impact of tree loss during devel- opment. Landscape plans are subject to RMC 4-4-130’s requirements to protect sig- nificant trees and vegetation with habitat value. 4. Calculation of Required Plantings: Some required landscaping areas require a minimum amount of plantings per square feet of area. If the calculation of the number of plantings results in a fraction of 0.5 or greater, the applicant shall round up to the next whole number. If the calculation of the number of plantings results in a fraction of 0.4 or less, the applicant shall round down to the next whole number. 5. Avoidance of Hazards: All landscaping shall be planned in consideration of the public health, safety, and welfare. a. Landscaping shall not intrude within the clear vision areas at driveways and street intersections; b. Trees planted near overhead power lines shall be species that will comply with utility purveyor clearance require- ments; c. Landscaping shall not obscure fire hydrants or access for emergency re- sponse vehicles; and d. Landscaping in a parking lot shall not conflict with the safety of those using a parking lot, abutting sidewalks, or with traffic safety. (Ord. 5676, 12-3-2012) 6. Vegetation Preference: Vegetation within required setbacks or screening areas shall be retained or planted in this order of preference: (a) native coniferous trees; (b) native deciduous trees; (c) other native vege- tation. Vegetated low impact development stormwater facilities may be incorporated as part of landscaped setbacks or screening re- quirement. (Ord. 5828, 12-12-2016) H. DESCRIPTION OF REQUIRED LANDSCAPING TYPES: 1. Street Frontage Landscaping Buffer: Such landscaping shall include a mixture of trees, shrubs, and groundcover as approved by the Department of Community and Eco- nomic Development. 2. Partially Sight-obscuring Landscaped Visual Barrier: Such landscaping or land- scape plus fencing shall be, at minimum, six feet (6') high at maturity and at least fifty per- cent (50%) sight-obscuring. 3. Fully Sight-obscuring Landscaped Vi- sual Barrier: Such landscaping or landscape plus fencing shall be, at minimum, six feet (6') high at maturity and one hundred percent (100%) sight-obscuring. 4. Perimeter Parking Lot Landscaping: Such landscaping shall be at least ten feet (10') in width as measured from the street right-of-way. Standards for planting shall be as follows: a. Trees shall be two-inch (2") caliper for multi-family, commercial, and indus- trial uses at an average minimum rate of one tree per thirty (30) lineal feet of street frontage. Trees shall be one-and-one- half-inch (1.5") caliper for low impact de- velopment stormwater management fa- cilities associated with any land use. (Ord. 5828, 12-12-2016) b. Shrubs at the minimum rate of one per twenty (20) square feet of land- scaped area. Up to fifty percent (50%) of shrubs may be deciduous. c. Ground cover in sufficient quantities to provide at least ninety percent (90%) coverage of the landscaped area within three (3) years of installation. 5. Interior Parking Lot Landscaping: Landscaping is required in parking lots in the amounts stipulated in subsection F of this Section. Any interior parking lot landscaping area shall be sized to dimensions of at least eight feet (8') by twelve feet (12'). Landscap- ing shall be dispersed throughout the parking area and shall include a mixture of trees, shrubs, and groundcover as follows: a. Trees shall be two inches (2") in di- ameter at breast height (dbh) for multi- family, commercial, and industrial uses. At least one tree for every six (6) parking 4-4-070K 4 - 28.1 (Revised 5/18) spaces within the lot interior shall be planted. b. Shrubs at the minimum rate of one per twenty (20) square feet of land- scaped area shall be planted. Up to fifty percent (50%) of shrubs may be decidu- ous. c. Ground cover shall be planted in suf- ficient quantities to provide at least ninety percent (90%) coverage of the land- scaped area within three (3) years of in- stallation. d. There shall be no more than fifty feet (50') between parking stalls and an inte- rior parking lot landscape area. (Ord. 5867, 12-11-2017) 6. Storm Drainage Facility Landscaping: a. Trees Are Prohibited on Berms: Trees are prohibited on any berm serving a drainage-related function; however, groundcover is required and subject to City review/approval. b. Additional Locations Where Trees and Shrubs Are Prohibited: i. Within the fenced area; and ii. Within ten feet (10') of any man- made drainage structure (e.g., catch basins, ditches, pipes, vaults, etc.). c. Perimeter Landscaping Required: A landscaping strip with a minimum fif- teen feet (15') of width shall be located on the outside of the fence, unless otherwise determined through the site plan review or subdivision review process. d. Type of Plantings Required: Plant- ings shall be consistent with the Surface Water Design Manual and this Section. Additionally, trees must be spaced as de- termined by the Department of Commu- nity and Economic Development. e. Conflicts: In the event of a conflict between this Section and the Surface Water Design Manual, the landscaping provisions of this Section shall prevail. Refer to chapter 5 of the Surface Water Design Manual. (Ord. 5749, 1-12-2015) I. IRRIGATION REQUIREMENTS: 1. Irrigation and Automatic Controller: a. A permanent built-in irrigation sys- tem with an automatic controller shall be installed, used, and maintained in work- ing order in all landscaped areas of in- dustrial, commercial, and multi-family development, and landscaped common areas in single family subdivisions. b. The irrigation system shall provide full water coverage of the planted areas as specified in the plan. c. The irrigation system maintenance program shall include scheduled proce- dures for winterization. 2. Exceptions for Drought Tolerant Plants: Landscape plans featuring one hun- dred percent (100%) drought-tolerant plants or landscaping already established without ir- rigation systems are exempt from installation of a permanent irrigation system, but drought tolerant proposals must provide supplemen- tal moisture by means of a City-approved temporary irrigation system for a period not less than two (2) years. The Administrator shall have the option of conditioning the ap- proval (i.e., requiring a screening fence, etc.). An inspection will be required one year after final inspection to ensure that the landscap- ing has become established. An inspection fee, paid at the time of permit application, will be required and the fee amount will be deter- mined by the Administrator. (Ord. 5676, 12-3-2012) J. SOIL REQUIREMENTS: Soil shall be prepared for landscape installation according to industry standards to be conducive to the healthy growth of new plants. Topsoil shall be rich in organic material or amended to be so. Clay soil is not acceptable and must be removed from landscape areas if naturally present on site. K. DRAINAGE: All landscape areas shall have adequate drain- age, either through natural percolation or by means of an installed drainage system. 4-4-070L (Revised 5/18)4 - 28.2 L. PLANT MATERIALS: 1. General: All plants specified shall be adaptable to the site conditions (sun expo- sure, cold hardiness, moisture requirements, soil type, soil pH, etc.). In addition: a. All plant material shall meet the most recent American Standards for Nursery Plant Stock (ANSI Z60.1). b. Caution should be used so as to avoid introducing highly invasive plants into the City landscape. c. When berms are incorporated into the landscape design, they shall not ex- ceed slopes of 3:1 for lawn areas or 2:1 for other plant material. 2. Ground Cover Is Required: a. All of the landscaped area that is not planted with trees and shrubs or covered with a tree grate must be planted in ground cover plants, which may include grasses. Mulch must be confined to ar- eas underneath plants and is not a sub- stitute for ground cover plants. b. Size and Spacing: Ground cover plants, other than grasses, must be at least the four-inch (4") pot size, provided such plants have well-developed roots and are not root bound or J-rooted; alter- native standards may be applied pursu- ant to subsection C of this Section. Area planted in ground cover plants, other than grass seed or sod, must be planted in triangular spacing as depicted below. Ground cover plants must be planted at a density that will cover the entire area within three (3) years. c. Plugs or Bareroot Plants: In lieu of four-inch (4") pots, the Administrator may allow or require incorporation of ten-inch (10") landscape plugs or bareroot plants provided the roots are well-developed, can be planted during the appropriate season, and can meet the coverage re- quirements in subsection L2b of this Sec- tion. d. Supplementary Seeding: Where feasible, the Administrator may require supplementary seeding to promote ge- netic diversity of groundcovers and plant material. e. Turf-Limited: The Administrator may condition development permits to limit the extent of turf to promote species that are drought-tolerant and to maximize application of native vegetation or vege- tation associated with low impact devel- opment best management practices. 3. Shrubs: All shrubs must be of sufficient size and number to meet the required stan- dards within three (3) years of planting. Shrubs must be at least a two (2) gallon con- tainer size at planting. Shrubs shall be in beds that include a layer of mulch at least two inches (2") in depth. The Administrator may allow smaller size shrubs provided the appli- cant demonstrates to the Administrator’s sat- isfaction that the plants can meet the coverage requirements in time. 4. Trees: a. Approved Tree Species: The De- partment of Community and Economic Development can provide an Approved Tree List. The list is available on the City website. b. Planting Size: Broadleaf trees at the time of planting must be fully branched and no smaller than one-and-one-half- inch (1.5") caliper. Broadleaf trees planted in residential zones must be a minimum of one-and-one-half-inch (1.5") caliper. Broadleaf trees planted in all other zones must be a minimum of two- inch (2") caliper. Conifer trees at the time of planting must be fully branched and a minimum of six feet (6') in height. c. Mulch: Except for trees with a tree grate, trees shall include a mulch ring that has a depth of at least three inches 4-4-070Q 4 - 28.2a (Revised 8/17) (3") and is at least three feet (3') in radius around the tree. 5. Prohibited Plant Materials: Plants listed as a nuisance or prohibited by Wash- ington State Noxious Weed Control Board or listed by King County on the County’s inva- sive species list are prohibited in required landscaped areas. (Ord. 5828, 12-12-2016) M. LANDSCAPE INSTALLATION: 1. Timing: All approved landscaping shall be installed before the final approval of the permit or land use action that triggered the landscaping requirement, such as issuance of an occupancy permit prior to final inspec- tion for single family dwellings, or final plat approval for a subdivision. (Ord. 5676, 12-3-2012) 2. Slopes: Stripping of vegetative slopes where harmful erosion and runoff will occur shall be prohibited. The faces of cut and fill slopes shall be developed and maintained to control against erosion. This control may con- sist of effective planting. Where necessary, check dams, cribbing, riprap or other devices or methods shall be employed to control ero- sion and sediment, provide safety and control the rate of water runoff. The protection for the slopes shall be initiated upon completion of grading and fully installed within thirty (30) days of grading completion and prior to a re- quest for final project approval. N. DEFERRAL OF LANDSCAPE IMPROVEMENTS: Deferral of landscape installation may be re- quested pursuant to RMC 4-9-060C, Deferral of Improvement Installation Procedures, if seasonal planting difficulties arise or the project is impacted by a pending or existing public works project. O. LANDSCAPE PLAN REVISIONS: To alter an approved landscape plan, changes shall be submitted to and approved by the Admin- istrator. The plans may be approved, denied, or returned to the applicant with suggestions for changes that would make them acceptable. The request must be accompanied by the following: 1. Copy of original, approved landscape plan. 2. An amendment plan meeting require- ments of RMC 4-8-120D12, Landscaping Plan, Detailed. 3. Narrative describing and justifying pro- posed changes. 4. Modified tree retention and land clearing plan for any protected trees proposed to be removed in accordance with RMC 4-4-130, Tree Retention and Land Clearing Regula- tions. (Ord. 5676, 12-3-2012) P. MAINTENANCE: 1. Maintenance Required: Landscaping required by this Section shall be maintained by the owner and shall be subject to periodic inspection by the Department of Community and Economic Development. Plantings are to be maintained in a healthy, growing condition and those dead or dying shall be replaced. Property owners shall keep the planting ar- eas reasonably free of weeds and litter. 2. Failure to Maintain Landscaping: The Department of Community and Economic Development is authorized to notify the owner that any required landscaping is not being adequately maintained and the specific nature of the failure to maintain. The Depart- ment shall send the property owner written notice, specifying what corrections shall be made. 3. Security Required: Prior to the issuance of any final approval or occupancy permit, the developer shall furnish a security device to the City in an amount equal to the provisions of RMC 4-9-060. Landscaping shall be main- tained for a period of five (5) years after the issuance of any final approval or occupancy permit prior to the release of the security de- vice. (Ord. 5676, 12-3-2012; Ord. 5841, 6-12- 2017) Q. DAMAGED LANDSCAPING: Upon request of the City, any landscaping re- quired by City regulations that is damaged must be replaced with like or better landscaping as de- termined by the Administrator. (Ord. 5676, 12-3-2012) 4-4-070R (Revised 8/17)4 - 28.2b R. VARIANCES: To deviate from provisions of this Section, a vari- ance must be submitted and approved pursuant to RMC 4-9-250B5. (Ord. 3718, 3-28-1983; Ord. 4832, 3-6-2000; Ord. 4856, 8-21-2000; Amd. Ord. 4963, 5-13-2002; Ord. 5100, 11-1-2004; Ord. 5153, 9-26-2005; Ord. 5304, 9-17-2007; Ord. 5355, 2-25-2008; Ord. 5450, 3-2-2009; Ord. 5518, 12-14-2009; Ord. 5528, 3-8-2010) 4-4-075 LIGHTING, EXTERIOR ON- SITE: A. PURPOSE: The purpose of these regulations is to provide for ample but not excessive illumination levels, pro- mote the general public health, welfare, and safety, to discourage light trespass beyond the boundaries of the property on which the light is lo- cated, as well as to accent key architectural ele- ments and landscape features. (Ord. 5518, 12-14-2009) B. APPLICABILITY: The standards of this Section shall apply to the addition or replacement of light fixtures. Addition- ally, the standards of this Section apply to remedy existing residential lighting that creates nuisances to abutting properties per chapter 1-3 RMC, as defined in RMC 1-3-4A11c(21). C. EXEMPTIONS: The following are exempt from the provisions of this Section: 1. Signage. 2. Temporary Holiday or Decorative Lighting: Temporary holiday or decorative lighting is exempt provided there is no light trespass beyond property boundaries of the subject site. 3. Official Government Flags: Display lights are permitted when providing illumina- tion of official government flags, provided there is no light trespass beyond property boundaries. 4. Right-of-way lighting. 5. Stadiums, parks, and sports fields. D. AUTHORITY: During development permit review, the Commu- nity and Economic Development Administrator shall determine compliance, apply conditions of approval if necessary to achieve compliance, and enforce the provisions of this Section. (Ord. 5676, 12-3-2012) E. STANDARDS: No use or activity shall cause light trespass be- yond the boundaries of the property lines. 4-4-075F 4 - 28.3 (Revised 5/18) 1. Building Lights: All building lights shall be directed onto the building itself or the ground immediately abutting to it. The light emissions shall not be visible above the roof- line of the building. 2. Parking Lot or Display Lot Lights: Parking lot or display lot light fixtures shall be non-glare and mounted no more than twenty five feet (25') above the ground to minimize the impact onto adjacent and abutting proper- ties. All fixtures shall be fitted with a cutoff type luminaire as exemplified below. F. SPECIFIC REQUIREMENTS FOR RESIDENTIAL DEVELOPMENT IN THE R-10 AND R-14 ZONES: 1. Exterior lighting shall be provided in or- der to enhance visibility and security while ac- centing key architectural elements and landscape features. 2. The standards portion of this subsection specifies a prescriptive manner in which the landscaping requirement can be met. The guideline portion of this subsection provides direction for those who seek to meet the re- quired design element in a manner that is dif- ferent from the standards. The determination as to the satisfaction of the requirement through the use of the guidelines is to be made by the Administrator. (Ord. 5676, 12-3-2012) 3. Guidelines: Lighting that is appropriate to the architectural character of the neighbor- hood and of a human scale shall be provided. Lighting shall be minimal where possible to achieve the desired purpose. Light spillover for all lighting, as well as single source light- ing of large areas shall be avoided. 4. Standards: a. Lighting shall be limited to illumina- tion of surfaces intended for pedestrians, vehicles, or key architectural features. b. Street lighting on residential access streets and limited residential access streets is required. Lighting facilities and fixtures shall be located outside public right-of-way unless owned, operated and maintained by a power utility franchise. Street lights shall be no taller than six- teen feet (16') and placed at regular inter- vals of no more than two hundred feet (200') on internal roadways and installed in accordance with chapter 4-6 RMC. c. Lighting for residential access streets, limited residential access streets, alleyways, common greens, and parks Cutoff Type Luminaire luminaire total cutoff < 9 0 °peak candlepower 4-4-075G (Revised 5/18)4 - 28.4 shall be low intensity. Lighting for com- mon greens and parks shall be down- lighting. d. All exterior house lighting shall be downlighting or placed beneath building eaves to prevent light projecting upward. e. If alley lights are mounted on a ga- rage, they shall be no higher than eight feet (8') above ground and directed away from adjacent backyards and structures. f. Sidewalks and pathways not other- wise illuminated by street lighting shall be lit with ornamental downlighting fixtures that shall not exceed twelve feet (12') in height. (Ord. 5518, 12-14-2009) G. MODIFICATIONS OF STANDARDS: Lighting which does not meet the standards in subsection E of this Section may be permitted by the Administrator as follows: Alternative shielding of lights, or lighting visible above the roofline may be permitted via the site plan development review process for applications requiring such review or via a modification approved by the Administrator in accordance with RMC 4-9-250D for applica- tions which do not require site plan development review. In any case, no use or activity shall cause light trespass beyond the boundaries of the prop- erty lines. (Ord. 5518, 12-14-2009; Ord. 5676, 12-3-2012) H. VARIANCES TO STANDARDS: A variance to standards, pursuant to RMC 4-9-250, is required to alter any other require- ments of this Section that are not allowed to be al- tered in accordance with subsection F, Modifications to Standards. (Ord. 5518, 12-14-2009) I. APPEALS: See RMC 4-8-110. (Ord. 4963, 5-13-2002; Ord. 5518, 12-14-2009) 4-4-080 PARKING, LOADING AND DRIVEWAY REGULATIONS: A. PURPOSE: It is the purpose of this Section to provide a means of regulating parking to promote the health, safety, morals, general welfare and aes- thetics of the City of Renton by specifying the off- street parking and loading requirements for all uses permitted in this Code and to describe de- sign standards and other required improvements. Furthermore, it is the intent of this Section to pro- mote the efficient use of the City’s transportation facilities by incorporation into that system of alter- native modes of transportation to the single occu- pancy vehicle to promote the movement of people from place to place. It is the goal of this Section to allow the provision of sufficient off- street parking to meet the needs of urban devel- opment while not providing an excess surplus of spaces. (Ord. 4517, 5-8-1995) B. SCOPE OF PARKING, LOADING AND DRIVEWAY STANDARDS: 1. Applicability: a. Within the Center Downtown Zone: This Section, except for subsec- tions F1 through F9 and J of this Section, shall apply in the following cases: i. New Buildings or Structures: If construction replaces an existing building, only the area exceeding the area of the original structure shall be used to calculate required parking. ii. Building/Structure Additions: Only the area exceeding the area of the original structure shall be used to calculate required parking. b. Outside the Center Downtown Zone: Off-street parking, loading areas, and driveways shall be provided in accor- dance with the provisions of this Section in the following cases: i. New buildings or structures. ii. Building/Structure Additions: The enlargement or remodeling of an existing building/structure by more than one-third (1/3) of the area of the building/structure. iii. Paving or Striping: The paving of a parking lot with permanent sur- face, or striping a previously un- striped lot. iv. Change in Use: Upon a change of use and except when located in a 4-4-080B 4 - 28.5 (Revised 5/18) shopping center, if the number of stalls needed for the new use ex- ceeds the actual number of legally existing stalls on site by a percentage equal or greater than shown in the ta- ble below, all of the stalls required of the new use shall be provided. How- ever, upon a change of use to any of the following uses, the new use shall provide the total number of parking stalls required without the exception described above: (a) Residential uses; (b) Offices, general; (c) Conference centers; and (d) Movie theaters. For example, if the calculated num- ber of stalls needed for a retail store equals fifteen (15) and only ten (10) stalls legally exist on site, then all fif- teen (15) stalls shall be provided be- cause the percentage difference between the number of stalls needed for the new use and the number of existing stalls on site exceeds one hundred forty percent (140%) [1.40 x 10 = 14]. v. Activities Requiring Deliveries or Shipments: Uses requiring mer- chandise deliveries and/or ship- ments shall provide adequate permanent off-street loading space in addition to required parking for the use. vi. Redevelopment Sites in the R-10 and R-14 Zones: When new dwelling units are created in the Res- idential Ten Dwelling Units per Acre (R-10) and Residential Fourteen Dwelling Units per Acre (R-14) zones, whether by subdivision or other means, any existing dwelling units included in the development shall comply with the standards of this Section. (Ord. 3988, 4-28-1986; Ord. 4517, 5-8-1995; Ord. 4999, 1-13-2003; Amd. Ord. 5087, 6-28-2004; Ord. 5675, 12-3-2012; Ord. 5869, 12-11-2017) 2. Conformance Required: It shall be un- lawful for any person hereafter to erect, con- struct, enlarge, move or convert any parking lot, parking structure, loading area, or drive- way in the City or cause or permit the same to be done contrary to or in violation of any of the provisions of this Section. Driveways shall be constructed to City standards. (Ord. 4517, 5-8-1995, Ord. 4351, 5-4-1992) 3. Plans Required: Where off-street park- ing is required, except for single family dwell- ings, a plan shall be submitted for approval by the Building Department. The plan must be accompanied by sufficient proof of ownership that indicates the spaces contemplated will be permanent. 4. Future Changes to Parking Arrange- ment: Any future changes in parking ar- rangements or number of spaces must be approved by the Department of Community and Economic Development. (Amd. Ord. 5087, 6-28-2004; Ord. 5729, 10-20-2014) 5. Timing for Compliance: a. Building Permit Required: No con- struction, alteration or changes in uses are permitted until all the information in RMC 4-8-120D16p, Parking Analysis, and 4-8-120D19s, Site Plan, has been submitted and approved by the appropri- ate City departments and building permit has been issued. b. Requirements Prior to Occupancy Permit: The premises shall not be occu- pied until the parking lot is paved, marked, landscaped and lighted (if the lot is to be illuminated) and an occupancy permit has been issued, unless a defer- ment has been granted. For develop- ments in the R-10 and R-14 zones that include existing dwelling units in the site plan, the parking area for any existing units shall be paved, marked, land- Existing Stalls Percentage Threshold 1 – 10 140% 11 – 30 130% 31 – 60 120% 61+ 110% 4-4-080C (Revised 5/18)4 - 28.6 scaped and lighted (if the lot is to be illu- minated), prior to the issuance of an occupancy permit for any of the newly constructed dwelling units. (Ord. 5675, 12-3-2012) c. Requirements Prior to Business License Issuance: A business license shall not be issued until an occupancy permit has been issued. (Ord. 3988, 4-28-1986; Ord. 4351, 5-4-1992; Ord. 4517, 5-8-1995; Ord. 4999, 1-13-2003; Ord. 5357, 2-25-2008) C. (Deleted by Ord. 5357, 2-25-2008) (Ord. 4671, 7-21-1997; Ord. 4722, 5-11-1998; Amd. Ord. 5087, 6-28-2004) D. ADMINISTRATION: 1. Authority: The Department of Commu- nity and Economic Development is hereby authorized and directed to enforce all the pro- visions of this Section. For such purpose, the Community and Economic Development Ad- ministrator shall have the authority of a police officer. (Ord. 4517, 5-8-1995; Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012) 2. Interpretation: a. Calculation of Number of Parking Spaces – Fractions: When a unit of measurement determining the number of required parking spaces results in the re- quirement of a fractional space, any frac- tion up to but not including one-half (1/2) shall be disregarded and fractions one- half (1/2) and over shall require one park- ing space. (Ord. 3988, 4-28-1986) b. Measurement of Distance – Method: Where a distance is specified, such distance shall be the walking dis- tance measured from the nearest point of the parking facility to the nearest point of the building that such facility is required to serve. (Ord. 4517, 5-8-1995) c. Measurement of Seat Width – Benches and Pews: In stadiums, sports arenas, churches and other places of as- sembly in which patrons or spectators oc- cupy benches, pews or other similar seating facilities, each eighteen inches (18") of length of such seating facilities shall be counted as one seat for the pur- pose of determining requirements for off- street parking facilities under this Sec- tion. (Ord. 3988, 4-28-1986) E. LOCATION OF REQUIRED PARKING: 1. On-Site Parking Required: Required parking as specified shall be provided upon property in the same ownership as the prop- erty upon which the building or use requiring the specified parking is located or upon leased parking. Off-street parking facilities shall be located as specified below: a. Detached and Two (2) Attached Dwellings: On the same lot with the building they are required to serve. (Ord. 5520, 12-14-2009) b. Attached Dwellings Three (3) or More Units: May be on lots contiguous with the lot upon which the building they are required to serve is located if compli- ance with the provisions of subsection E2 (Off-Site Parking) of this Section is at- tained. (Ord. 5355, 2-25-2008; Ord. 5369, 4-14-2008) c. Boat Moorages: May have parking areas located not more than six hundred feet (600') from such moorage facility or closer than one hundred feet (100') to the shoreline (see subsection G of this Sec- tion). Accessible parking as required by the Washington State Barrier Free Stan- dards can be allowed within one hundred feet (100') per subsection F8g of this Section. d. Other Uses: On the same lot as the principal use except when compliance with the conditions in subsection E2 (Off- Site Parking) of this Section is attained. (Amd. Ord. 4790, 9-13-1999; Ord. 5729, 10-20-2014) 2. Off-Site Parking: a. When Permitted: i. If sufficient parking is not avail- able on the premises of the use, a private parking area may be provided off site, except for single and two (2) family dwellings in the RC, R-1, R-4, 4-4-080E 4 - 28.6a (Revised 5/18) R-6, and R-8 zones. (Ord. 5744, 1- 12-2015) ii. In the R-10 and R-14 zones, shared parking garages are allowed provided the design standards of RMC 4-2-115 are met. iii. Guest parking associated with single family and attached dwellings in the R-10 and R-14 zones is also permitted to be provided off site pro- vided it meets the following criteria: (1) Parking is located on the neighborhood streets or in a parking court accessed by a pub- lic roadway, but not located more than one hundred sixty feet (160') from the home it is in- tended to serve. (2) Parking is not located in a limited residential access lane right-of-way, except for perpen- dicular parking associated with private driveways or alleyways. (3) Parking may be accommo- dated in a tandem driveway space, provided it is not ac- cessed by a private alleyway. (Amd. Ord. 5330, 12-10-2007; Ord. 5518, 12-14-2009) (Revised 5/18)4 - 28.6b This page left intentionally blank. 4-4-080E 4 - 28.7 (Revised 3/17) b. Agreement Required: A parking agreement ensuring that off-site parking is available for the duration of the use shall be approved by the Community and Economic Development Administrator, following review by the City Attorney. (Ord. 5676, 12-3-2012) c. Additional Information Required: The following shall be reviewed as part of the permit process: i. A letter of justification addressing the need for off-site parking and com- patibility with the surrounding neigh- borhood. ii. A site plan showing all dimen- sions of parking spaces, aisles, land- scaping areas, abutting street improvements, curb cuts, and on-site and abutting uses and buildings. (Ord. 5676, 12-3-2012) d. Fees: No charge for use of such parking area shall be made in any resi- dential zone except on a weekly or monthly basis. e. Maximum Distance to Off-Site Parking Area: i. Within the Center Downtown Zone: No distance requirements ap- ply when both the use and off-site parking are located within the Center Downtown. ii. Within the UC Zone: Off-site parking shall be within five hundred feet (500') of the building or use if it is intended to serve residential uses, and within fifteen hundred feet (1,500') of the building or use if it is intended to serve nonresidential uses. (Ord. 5729, 10-20-2014) iii. All Other Zones: Off-site park- ing shall be within five hundred feet (500') of the building or use if it is in- tended to serve residential uses, and within seven hundred fifty feet (750') of the building or use if it is intended to serve nonresidential uses. f. Transportation Management Plan Exception: The Department of Commu- nity and Economic Development may modify the maximum distance require- ments if a Transportation Management Plan or other acceptable transportation system will adequately provide for the parking needs of the use and the condi- tions outlined in RMC 4-9-250D2 are met. (Ord. 3988, 4-28-1986; Ord. 4517, 5-8-1995; Ord. 5030, 11-24-2003; Amd. Ord. 5087, 6-28-2004; Ord. 5450, 3-2-2009; Ord. 5759, 6-22-2015) 3. Joint Use Parking Facilities: a. When Permitted: Joint use of parking facilities may be authorized for those uses that have dissimilar peak-hour demands or when it can be demonstrated that the parking facilities to be shared are underuti- lized. (Amd. Ord. 5330, 12-10-2007) b. Agreement Required: A parking agreement ensuring that joint use park- ing is available for the duration of the uses shall be approved by the Commu- nity and Economic Development Admin- istrator, following review by the City Attorney. Notice of termination of the agreement shall be provided to the Ad- ministrator and additional parking must be provided if the agreement is termi- nated, consistent with subsection F10 of this Section. (Ord. 5676, 12-3-2012; Ord. 5828, 12-12-2016) c. Maximum Distance to Joint Use Parking: i. Within the Center Downtown Zone: No distance requirements ap- ply when both the use and joint use parking are located within the Center Downtown. ii. Within the UC Zone: Joint use parking shall be within seven hun- dred fifty feet (750') of the building or use if it is intended to serve residen- tial uses, and within fifteen hundred feet (1,500') of the building or use if it is intended to serve nonresidential uses. (Ord. 5729, 10-20-2014) iii. All Other Zones: Joint use parking shall be within seven hun- dred fifty feet (750') of the building or use it is intended to serve. 4-4-080F (Revised 3/17)4 - 28.8 d. Special Provisions for Subdivi- sion of Shopping Center: Parking ar- eas in shopping centers may operate as common parking for all uses. If a shop- ping center is subdivided, easements and/or restrictive covenants must grant use and provide for maintenance of com- mon parking and access areas. (Ord. 3988, 4-28-1986; Ord. 4517, 5-8-1995; Ord. 5030, 11-24-2003; Amd. Ord. 5087, 6-28-2004; Ord. 5357, 2-25-2008; Ord. 5759, 6-22-2015) F. PARKING LOT DESIGN STANDARDS: 1. Maneuvering Space/Use of Public Right-of-Way: Maneuvering space shall be completely off the right-of-way of any public street except for parking spaces provided for single family dwellings and duplexes. Alleys shall not be used for off-street parking and loading purposes, but may be used for ma- neuvering space. Parallel parking stalls shall be designed so that doors of vehicles do not open onto the public right-of-way. 2. Maximum Parking Lot and Parking Structure Slopes: Maximum slopes for park- ing lots shall not exceed eight percent (8%) slope. The Administrator may allow a drive- way to exceed eight percent (8%) slope but not more than fifteen percent (15%) slope, upon proper application in writing and for good cause shown, which shall include, but not be limited to, the absence of any reason- able alternative. (Ord. 5156, 9-26-2005; Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012) 3. Access Approval Required: The in- gress and egress of all parking lots and struc- tures shall be approved by the Department of Community and Economic Development. (Ord. 3988, 4-28-1986; Ord. 5729, 10-20- 2014) 4. Linkages: The Department of Commu- nity and Economic Development shall have the authority to establish, or cause to be es- tablished, bicycle, high occupancy vehicle and pedestrian linkages within public and pri- vate developments. Conditions may include but are not limited to: a. Reserving parking spaces for ride- share or other high occupancy vehicles. b. Ensuring adequate on-site nonmo- torized paths connecting to public non- motorized facilities. c. Providing transit shelters, bus turnout lanes or other transit improvements. Enforcement shall be administered through the normal site design review and/or permit- ting process. (Ord. 4517, 5-8-1995; Ord. 5450, 3-2-2009; Ord. 5729, 10-20-2014; Ord. 5828, 12-12-2016) 5. Lighting: Any lighting on a parking lot shall illuminate only the parking lot and shall be designed and located so as to avoid un- due glare or reflection of light pursuant to RMC 4-4-075, Exterior On-site Lighting. Light standards shall not be located so as to inter- fere with parking stalls, stacking areas and in- gress and egress areas. (Amd. Ord. 4963, 5-13-2002) 6. Fire Lane Standards: a. Applicability: As required by the Fire Codes and the Fire Department, fire lanes shall be installed surrounding facil- ities which by their size, location, design or contents warrant access which ex- ceeds that normally provided by the prox- imity of City streets. Additional fire lanes may be required in or- der to provide access for firefighting or rescue operations at building entrances or exits, fire hydrants and fire protection system service connection or control de- vices. The Fire Department may require that ar- eas specified for use as driveways or pri- vate thoroughfares shall be designated as fire lanes and be marked or identified as required by this Section. b. Minimum Width and Clearance: Lanes shall provide a minimum unob- structed continuous width of twenty feet (20') and provide a minimum vertical clearance of thirteen feet six inches (13'6"). (Ord. 3988, 4-28-1986) 4-4-080F 4 - 28.9 (Revised 8/17) c. Identification: i. Lanes shall be identified by a four inch (4") wide line and curb painted bright red. The block letters shall state, “FIRE LANE – NO PARKING”, be eighteen inches (18") high, painted white, located not less than one foot (1') from the curb face, at fifty foot (50') intervals. (Ord. 4130, 2-15-1988) ii. Signs shall be twelve inches by eighteen inches (12" x 18") and shall have letters and background of con- trasting colors, readily readable from at least a fifty foot (50') distance. (Ord. 3988, 4-28-1966) iii. Signs shall be spaced not further than fifty feet (50') apart nor shall they be placed less than five feet (5'), or more than seven feet (7') from the ground. The installation and use of fire lane signs will preclude the re- quirement for painting “FIRE LANE – NO PARKING”, in the lane only. The area shall be identified by painting the curb red or in the absence of a curb, a four inch (4") red line shall be used. (Ord. 4130, 2-15-1988) d. Surfacing and Construction Re- quirements: Fire lanes shall be an all weather surface constructed of asphalt or concrete designed to be capable of sup- porting a thirty (30) ton fire apparatus ve- hicle. (Ord. 5729, 10-20-2014; Ord. 5806, 6-20-2016) e. Clearances and Turning Radii: Where fire lanes connect to City streets or parking lots, adequate clearances and turning radii shall be provided. f. Existing Buildings – Hazards: When the Fire Chief determines that a hazard due to inaccessibility of fire appa- ratus exists around existing buildings, he may require fire lanes to be constructed and maintained as provided by this Sec- tion. (Ord. 5676, 12-3-2012) g. Modification by Fire Chief: When the required clearances outlined above cannot be physically provided, modifica- tion may be allowed upon written applica- tion and approval of the Fire Chief. 7. Residential Parking Location Require- ments: a. RC, R-1, and R-4 Zones: See RMC 4-2-115, Residential Design and Open Space Standards. b. R-6 and R-8 Zones: For lots abut- ting an alley, all parking areas and/or at- tached or detached garages shall not occur in front of the building and/or in the area between the front lot line and the front building line; parking areas and ga- rages must occur at the rear or side of the building, and vehicular access shall be taken from the alley. See RMC 4-2-115, Residential Design and Open Space Standards. (Ord. 5744, 1-12-2015) c. R-10 and R-14 Zones: For lots abut- ting an alley, required parking shall be provided in the rear yard area for any unit, when alley access is available. For flats, when alley access is not avail- able, parking should be located in the rear yard, side yard or underground, un- less it is determined through the modifi- cation process for site development plan exempt proposals or the site develop- ment plan review process for non-exempt proposals, that parking may be allowed in the front yard or that under building park- ing (ground level of a residential struc- ture) should be permitted. See RMC 4-2-115, Residential Design and Open Space Standards. d. RMF Zones: i. For Lots Abutting an Alley: All parking shall be provided in the rear yard area for any unit, and access shall be taken from the alley. ii. For Lots Not Abutting an Al- ley: No portion of covered or uncov- ered parking shall be located between the primary structure and the front property line. Parking struc- tures shall be recessed from the front facade of the primary structure a min- imum of two feet (2'). (Amd. Ord. 4-4-080F (Revised 8/17)4 - 28.10 4999, 1-13-2003; Ord. 5087, 6-28-2004; Ord. 5100, 11-1-2004; Ord. 5529, 3-8-2010; Ord. 5841, 6- 12-2017) 8. Parking Stall Types, Sizes, and Per- centage Allowed/Required: a. Standard Parking Stall Size – Sur- face/Private Garage/Carport: i. Minimum Length in All Zones Except UC Zone: A parking stall shall be a minimum of twenty feet (20') in length, except for parallel stalls, measured along both sides of the usable portion of the stall. Each parallel stall shall be twenty three feet by nine feet (23' x 9') in size. ii. Minimum Length in UC Zones: A parking stall shall be a minimum of nineteen feet (19') in length, except for parallel stalls, measured along both sides of the usable portion of the stalls. Each parallel stall shall be twenty three feet by nine feet (23' x 9') in size. iii. Minimum Width: A parking stall shall be a minimum of nine feet (9') in width measured from a right angle to the stall sides. iv. Reduced Width and Length for Attendant Parking: When cars are parked by an attendant, the stall shall not be less than eighteen feet long by eight feet wide (18' x 8'). (Ord. 5030, 11-24-2003; Ord. 5759, 6-22-2015) b. Standard Parking Stall Size – Structured Parking: i. Minimum Length: A parking stall shall be a minimum of fifteen feet (15'). A stall shall be a minimum of sixteen feet (16') for stalls designed at forty five degrees (45°) or greater. Each parallel stall shall be twenty three feet by nine feet (23' x 9') in size. ii. Minimum Width: A parking stall shall be a minimum of eight feet, four inches (8'4") in width. c. Compact Parking Stall Size and Maximum Number of Compact Spaces: i. Stall Size – Surface/Private Ga- rage/Carport: Each stall shall be eight and one-half feet in width and sixteen feet in length (8-1/2' x 16'). ii. Stall Size – Structured Park- ing: A parking stall shall be a mini- mum of seven feet, six inches (7'6") in width. A parking stall shall be a minimum of twelve feet (12') in length, measured along both sides for stalls designed at less than forty five degrees (45°). A stall shall be a minimum of thirteen feet (13') in length, for stalls designed at forty five degrees (45°) or greater. iii. Maximum Number of Com- pact Spaces Outside of the UC Zones: Compact parking spaces shall not account for more than: •Designated employee parking – not to exceed forty percent (40%). •Structured parking – not to ex- ceed fifty percent (50%). •All other uses – not to exceed thirty percent (30%). (Ord. 5030, 11-24-2003) iv. Maximum Number of Com- pact Spaces in the UC Zones: The maximum number of compact spaces shall not exceed fifty percent (50%). (Ord. 5030, 11-24-2003; Ord. 5759, 6-22-2015) d. Tandem Parking: Tandem parking is allowed for detached single family res- idential developments. For attached resi- dential developments or the residential portion of a mixed-use development, tan- dem parking is allowed. If tandem park- ing is provided the following standards shall apply: 4-4-080F 4 - 28.11 (Revised 8/17) i. Stall length shall conform to the standards of this subsection F8; and ii. A restrictive covenant or other device acceptable to the City will be required to assign tandem parking spaces to the exclusive use of spe- cific dwelling units. Enforcement of tandem parking spaces shall be pro- vided by the property owner, property manager, or homeowners’ associa- tion as appropriate. (Ord. 5529, 3-8-2010) e. Special Reduced Length for Over- hang: The Department of Community and Economic Development may permit the parking stall length to be reduced by (Revised 8/17)4 - 28.12 This page left intentionally blank. 4-4-080F 4 - 29 (Revised 2/15) two feet (2'), providing there is sufficient area to safely allow the overhang of a ve- hicle and that the area of vehicle over- hang does not intrude into required landscaping areas. (Ord. 5450, 3-2-2009) f. Customer/Guest Parking: The De- velopment Services Division may require areas be set aside exclusively for cus- tomer or guest parking and shall specify one of the following methods be used: i. A maximum of fifty percent (50%) of the required parking stalls clearly designated as “customer parking” or “guest parking.” Parking stalls with said designations shall be used only for said purposes. ii. A separate parking lot with its own ingress and egress, landscaping and screening exclusively for cus- tomer parking and adequately signed as such. g. Accessible Parking as Stipulated in the Americans with Disabilities Act (ADA): Accessible parking shall be pro- vided per the requirements of the Wash- ington State Barrier Free Standards as adopted by the City of Renton. (Ord. 3988, 4-28-1986; Amd. Ord. 4854, 8-14-2000; Ord. 4963, 5-13-2002) 9. Aisle Width Standards: a. Parallel Parking Minimum Aisle Width: i. One Way Circulation: For one way circulation, the minimum width of the aisle shall be ten feet (10'). ii. Two Way Circulation: For two way circulation, the minimum width of the aisle shall be eighteen feet (18'). (Ord. 3988, 4-28-1986) NUMBER OF ACCESSIBLE PARKING SPACES Total Parking Spaces in Lot or Garage Minimum Required Number of Accessible Spaces 1 – 25 1 26 – 50 2 51 – 75 3 76 – 100 4 101 – 150 5 151 – 200 6 201 – 300 7 301 – 400 8 401 – 500 9 501 – 1,000 2% of total spaces Over 1,000 20 spaces plus 1 space for every 100 spaces, or fraction thereof, over 1,000 4-4-080F (Revised 2/15)4 - 30 b. Ninety Degree (90°) Parking Aisle Width Minimums: For one row and two (2) rows of ninety degree (90°) parking using the same aisle in a one way or two (2) way circulation pattern, the minimum width of the aisle shall be twenty four feet (24'). (Ord. 5729, 10-20-2014) c. Sixty Degree (60°) Parking Aisle Width Minimums: i. For one row and two (2) rows of sixty degree (60°) parking using a one way circulation pattern, the mini- mum width of the aisle shall be sev- enteen feet (17'). ii. For two (2) rows of sixty degree (60°) parking using a two (2) way cir- culation pattern, the minimum width of the aisle shall be twenty feet (20'). (Ord. 3988, 4-28-1986; Ord. 5729, 10-20-2014) d. Forty-Five Degree (45°) Parking Aisle Width Minimums: i. One Way Circulation: For one and two (2) rows of forty-five degree (45°) parking using a one way circu- lation pattern, the minimum width of the aisle shall be twelve feet (12'). ii. Two (2) Way Circulation: For two (2) rows of forty-five degree (45°) parking using a two (2) way circula- tion pattern, the width of the aisle shall be twenty feet (20'). (Ord. 3988, 4-28-1986; Ord. 5729, 10-20-2014) 4-4-080F 4 - 31 (Revised 8/17) 10. Number of Parking Spaces Required. The specified land use shall provide parking spaces as shown in the table in subsection F10d of this Section, except as provided in this section: a. Interpretation of Standards – Mini- mum and Maximum Number of Spaces. i. When a maximum and a minimum range of required parking is listed in this Code, the developer or occupant is required to provide at least the number of spaces listed as the mini- mum requirement, and may not pro- vide more than the maximum listed in this Code, unless exceptions are per- mitted as specified in this section. (Ord. 5529, 3-8-2010) ii. When a development falls under more than one category, the parking standards for the most specific cate- gory shall apply, unless specifically stated otherwise. b. Alternatives: i. Joint Parking Agreements: Ap- proved joint use parking agreements and the establishment of a Transpor- tation Management Plan (TMP) may be used as described in subsection E3 of this Section to meet a portion of these parking requirements. (Amd. Ord. 4790, 9-13-1999) ii. Transportation Management Plans: A Transportation Manage- ment Plan (TMP) guaranteeing the required reduction in vehicle trips may be substituted in part or in whole for the parking spaces required, sub- ject to the approval of the Depart- ment of Community and Economic Development. The developer may seek the assis- tance of the Department of Commu- nity and Economic Development in formulating a TMP. The plan must be agreed upon by both the City and the developer through a binding contract with the City of Renton. At a mini- mum, the TMP will designate the number of trips to be reduced on a daily basis, the means by which the plan is to be accomplished, an evalu- ation procedure, and a contingency plan if the trip reduction goal cannot be met. If the TMP is unsuccessful, the developer or current property owner is obligated to immediately provide additional measures at the di- rection of the Department of Commu- nity and Economic Development, which may include the requirement to provide full parking as required by City standards. (Ord. 5450, 3-2-2009) c. Modifications: Modification of either the minimum or maximum number of parking stalls for a specific development requires written approval from the De- partment of Community and Economic Development. (Ord. 5450, 3-2-2009) i. A twenty five percent (25%) re- duction or increase from the mini- mum or maximum number of parking spaces may be granted for nonresi- 4-4-080F (Revised 8/17)4 - 32 dential uses through site plan review if the applicant can justify the modifi- cation to the satisfaction of the Ad- ministrator. Justification might include, but is not limited to, quantita- tive information such as sales re- ceipts, documentation of customer frequency, and parking standards of nearby cities. ii. In order for the reduction or in- crease to occur the Administrator must find that satisfactory evidence has been provided by the applicant. Modifications beyond twenty five per- cent (25%) may be granted per the criteria and process of RMC 4-9-250.D.2. d. Parking Spaces Required Based on Land Use: USE NUMBER OF REQUIRED SPACES GENERAL: Mixed occupancies: (2 or 3 different uses in the same building or sharing a lot. For 4 or more uses, see “shopping center” requirements) The total requirements for off-street parking facilities shall be the sum of the requirements for the several uses computed sepa- rately, unless the building is classified as a “shopping center” as defined in RMC 4-11-190. Uses not specifically identified in this Section: Department of Community and Economic Development staff shall determine which of the below uses is most similar based upon staff experience with various uses and information provided by the applicant. The amount of required parking for uses not listed above shall be the same as for the most similar use listed below. Bicycle parking:See minimum requirements in subsection F11 of this Section. Parking in Excess of Maximum Standards: Maximum ratios for off-street parking facilities may be exceeded by up to 10% if the applicant implements low impact development techniques that reduce stormwater runoff and manages stormwa- ter on site in a way that exceeds the requirements of surface water management in RMC 4-6-030. RESIDENTIAL USES OUTSIDE OF CENTER DOWNTOWN ZONE: Detached dwellings:A minimum of 2 per dwelling unit, however, 1 per dwelling unit may be permitted for 1 bedroom or less dwelling units. Tandem parking is allowed. A maximum of 4 vehicles may be parked on a lot, including those vehicles under repair and restoration, unless kept within an enclosed building. Manufactured homes within a manufactured home park: A minimum of 2 per manufactured home site, plus a screened parking area shall be provided for boats, campers, travel trailers and related devices at a ratio of 1 screened space per 10 units. A maximum of 4 vehicles may be parked on a lot, including those vehicles under repair and restoration, unless kept within an enclosed building. Congregate residences:A minimum and maximum of 1 per sleeping room and 1 for the proprietor, plus 1 additional space for each 4 persons employed on the premises. Assisted living:A minimum and maximum of 1 space per residential unit of assisted living, plus dedicated parking spaces for facility fleet vehicles. Attached dwellings in RMF, R-14 and R-10 Zones: A minimum and maximum of 1.6 per 3 bedroom or large dwelling unit; 1.4 per 2 bedroom dwelling unit; 1.0 per 1 bedroom or studio dwelling unit. 4-4-080F 4 - 33 (Revised 8/17) Attached dwellings within all other zones: 1 per dwelling unit is required. A maximum of 1.75 per dwelling unit is allowed. Attached dwelling for low income:A minimum of 1 for each 4 dwelling units is required. A maximum of 1.75 per dwelling unit is allowed. Live-work unit, residential unit:A minimum and maximum of 1 per unit. Accessory dwelling unit:1 per unit is required. A maximum of 2 per unit is allowed. RESIDENTIAL USES IN CENTER DOWNTOWN ZONE: Attached dwellings:A minimum and maximum of 1 per unit. Attached dwellings for low income:1 for every 4 dwelling units is required. A maximum of 1.75 per dwelling unit is allowed. Congregate residences:A minimum and maximum of 1 per 4 sleeping rooms and 1 for the proprietor, plus 1 additional space for each 4 persons employed on the premises. Assisted living:A minimum and maximum of 1 space per residential unit of assisted living, plus dedicated parking spaces for facility fleet vehicles. Detached dwellings (existing legal):A minimum of 2 per unit. A maximum of 4 vehicles may be parked on a lot, including those vehicles under repair and resto- ration, unless kept within an enclosed building. COMMERCIAL ACTIVITIES OUTSIDE OF THE CENTER DOWNTOWN ZONE AND EXCEPT SHOPPING CENTERS: Drive-through retail or drive- through service: Stacking spaces: The drive-through facility shall be so located that sufficient on-site vehicle stacking space is provided for the handling of motor vehicles using such facility during peak busi- ness hours. Typically 5 stacking spaces per window are required unless otherwise determined by the Community and Economic Development Administrator. Stacking spaces cannot obstruct required parking spaces or ingress/egress within the site or extend into the public right-of-way. Banks:A minimum of 2.5 per 1,000 square feet of net floor area and a maximum of 5.0 per 1,000 square feet of net floor area except when part of a shopping center. Convalescent centers:A minimum and maximum of 1 for every 2 employees plus 1 for every 3 beds. Day care centers, adult day care (I and II): A minimum and maximum of 1 for each employee and 2 drop-off/ pick-up spaces within 100 feet of the main entrance for every 25 clients of the program. Hotels and motels:A minimum and maximum of 1 per guest room plus 1 for every 3 employees. Bed and breakfast houses:A minimum and maximum of 1 per guest room. Mortuaries or funeral homes:A minimum and maximum of 10 per 1,000 square feet of floor area of assembly rooms. USE NUMBER OF REQUIRED SPACES 4-4-080F (Revised 8/17)4 - 34 Vehicle sales (large and small vehicles) with outdoor retail sales areas: A minimum and maximum of 1 per 5,000 square feet. The sales area is not a parking lot and does not have to comply with dimen- sional requirements, landscaping or the bulk storage section requirements for setbacks and screening. Any arrangement of motor vehicles is allowed as long as: • A minimum 5-foot perimeter landscaping area is provided; • They are not displayed in required landscape areas; and • Adequate fire access is provided per Fire Department approval. Vehicle service and repair (large and small vehicles): A minimum and maximum of 2.5 per 1,000 square feet of net floor area. Offices, medical and dental:A minimum and maximum of 5.0 per 1,000 square feet of net floor area. Offices, general:A minimum of 2.0 per 1,000 square feet of net floor area and a maximum of 4.5 parking spaces per 1,000 square feet of net floor area. Eating and drinking establishments and taverns: A minimum and maximum of 10 per 1,000 square feet of dining area. Eating and drinking establishment combination sit-down/drive- through restaurant: A minimum and maximum of 1 per 75 square feet of dining area. Retail sales and big-box retail sales:A minimum and maximum of 2.5 per 1,000 square feet of net floor area, except big-box retail sales, which is allowed a maxi- mum of 5.0 per 1,000 square feet of net floor area if shared and/ or structured parking is provided. Retail marijuana:A minimum of 4.0 and a maximum of 5.0 per 1,000 square feet of net floor area. Services, on-site (except as specified below): A minimum and maximum of 3.0 per 1,000 square feet of net floor area. Clothing or shoe repair shops, furniture, appliance, hardware stores, household equipment: A minimum and maximum of 2.0 per 1,000 square feet of net floor area. Uncovered commercial area, outdoor nurseries: A minimum and maximum of 0.5 per 1,000 square feet of retail sales area in addition to any parking requirements for buildings. Recreational and entertainment uses: Outdoor and indoor sports arenas, auditoriums, stadiums, movie theaters, and entertainment clubs: A minimum and maximum of 1 for every 4 fixed seats or 10 per 1,000 square feet of floor area of main auditorium or of principal place of assembly not containing fixed seats, whichever is greater. Bowling alleys:A minimum and maximum of 2 per alley. Dance halls, dance clubs, and skating rinks: A minimum and maximum of 1 per 40 square feet of net floor area. Golf driving ranges:A minimum and maximum of 1 per driving station. Marinas:A minimum and maximum of 2 per 3 slips. For private marina associated with a residential complex, then 1 per 3 slips. Also 1 loading area per 25 slips. Miniature golf courses:A minimum and maximum of 1 per hole. USE NUMBER OF REQUIRED SPACES 4-4-080F 4 - 35 (Revised 8/17) Other recreational:A minimum and maximum of 1 per occupant based upon 50% of the maximum occupant load as established by the adopted Build- ing and Fire Codes of the City of Renton. Travel trailers:A minimum and maximum of 1 per trailer site. COMMERCIAL ACTIVITIES WITHIN THE CENTER DOWNTOWN ZONE: Convalescent center, drive-through retail, drive-through service, hotels, mortuaries, indoor sports arenas, auditoriums, movie theaters, entertainment clubs, bowling alleys, dance halls, dance clubs, and other recreational uses: These uses follow the standards applied outside the Center Downtown Zone. Retail marijuana:A minimum of 4.0 and a maximum of 5.0 per 1,000 square feet of net floor area. All commercial uses allowed in the CD Zone except for the uses listed above: A maximum of 1 space per 1,000 square feet of net floor area, with no minimum requirement. SHOPPING CENTERS: Shopping centers (includes any type of business occupying a shopping center): A minimum of 2.5 per 1,000 square feet of net floor area and a maximum of 5.0 per 1,000 square feet of net floor area. In the UC-N1 and UC-N2 Zones, a maximum of 4.0 per 1,000 square feet of net floor area is permitted unless structured parking is pro- vided, in which case 5.0 per 1,000 square feet of net floor area is permitted. Drive-through retail or drive-through service uses must comply with the stacking space provisions listed above. INDUSTRIAL/STORAGE ACTIVITIES: Airplane hangars, tie-down areas:Parking is not required. Hangar space or tie-down areas are to be utilized for necessary parking. Minimum and maximum parking for offices associated with hangars is 5 per 1,000 square feet. Manufacturing and fabrication, laboratories, and assembly and/or packaging operations: A minimum of 1.0 per 1,000 square feet of net floor area and a maximum of 1.5 spaces per 1,000 square feet of net floor area (including warehouse space). Self service storage:A minimum and maximum of 1 per 3,500 square feet of net floor area. Maximum of three moving van/truck spaces is permitted. Outdoor storage area:A minimum and maximum of 0.5 per 1,000 square feet of area. Warehouses and indoor storage buildings: A minimum and maximum of 1 per 1,500 square feet of net floor area. PUBLIC/QUASI-PUBLIC ACTIVITIES: Religious institutions:A minimum and maximum of 1 for every 5 seats in the main audi- torium; however, in no case shall there be less than 10 spaces. For all existing institutions enlarging the seating capacity of their auditoriums, 1 additional parking space shall be provided for every 5 additional seats provided by the new construction. For all institutions making structural alterations or additions that do not increase the seating capacity of the auditorium, see “outdoor and indoor sports arenas, auditoriums, stadiums, movie theaters, and entertainment clubs.” Medical institutions:A minimum and maximum of 1 for every 3 beds, plus 1 per staff doctor, plus 1 for every 3 employees. Cultural facilities:A minimum and maximum of 40 per 1,000 square feet. USE NUMBER OF REQUIRED SPACES 4-4-080F (Revised 8/17)4 - 36 (Ord. 4517, 5-8-1995; Amd. Ord. 4790, 9-13-1999; Ord. 4963, 5-13-2002; Ord. 4971, 6-10-2002; Ord. 4982, 9-23-2002; Ord. 5018, 9-22-2003; Ord. 5030, 11-24-2003; Ord. 5087, 6-28-2004; Ord. 5100, 11-1-2004; Ord. 5286, 5-14-2007; Ord. 5355, 2-25-2008; Ord. 5357, 2-25-2008; Ord. 5369, 4-14-2008; Ord. 5387, 6-9-2008; Ord. 5437, 12-8-2008; Ord. 5450, 3-2-2009; Ord. 5469, 7-13-2009; Ord. 5518, 12-14-2009; Ord. 5520, 12-14-2009; Ord. 5529, 3-8-2010; Ord. 5607, 6-6-2011; Ord. 5649, 12-12-2011; Ord. 5676, 12-3-2012; Ord. 5729, 10-20-2014; Ord. 5816, 10-3-2016; Ord. 5828, 12-12-2016; Ord. 5841, 6-12-2017) 11. Number of Bicycle Parking Spaces Required: a. Bicycle Parking Spaces Required: Bicycle parking shall be provided for all residential developments that exceed five (5) residential units and/or all non- residential developments that exceed four thousand (4,000) gross square feet in size. When there are two (2) or more separate uses on a site, the required bi- cycle parking for the site shall be the sum of the required parking for the individual uses. Modification of these minimum standards requires written approval from the Department of Community and Eco- nomic Development. Public post office:A minimum and maximum of 3.0 for every 1,000 square feet. Secure community transition facilities: A minimum and maximum of 1 per 3 beds, plus 1 per staff mem- ber. Schools: Elementary and junior high:A minimum and maximum of 1 per employee. In addition, if buses for the transportation of students are kept at the school, 1 off- street parking space shall be provided for each bus of a size suf- ficient to park each bus. Senior high schools: public, parochial and private: A minimum and maximum of 1 per employee plus 1 space for every 10 students enrolled. In addition, if buses for the private transportation of children are kept at the school, 1 off-street park- ing space shall be provided for each bus of a size sufficient to park each bus. Colleges and universities, arts and crafts schools/studios, and trade or vocational schools: A minimum and maximum of 1 per employee plus 1 for every 3 student rooming units, plus 0.5 space for every full-time student not residing on campus. In addition, if buses for transportation of students are kept at the school, 1 off-street parking space shall be provided for each bus of a size sufficient to park each bus. USE NUMBER OF REQUIRED SPACES 4-4-080F 4 - 37 (Revised 3/17) (Ord. 5798, 4-25-2016) b. Bicycle Parking Standards: The lo- cation of and access to bicycle parking areas for all uses except office, manufac- turing and fabrication, laboratories, pack- aging operations, and attached dwellings, shall be in accordance with the following standards: (Ord. 5729, 10-20- 2014) i. Bicycle parking facilities shall in- clude a rack that is permanently af- fixed to the ground and supports the bicycle at two (2) or more points, in- cluding at least one point on the frame. The user shall be able to lock the bicycle with a U-shaped lock or cable lock. Bicycle racks that only support a bicycle front or rear wheel are not permitted. Bicycle racks shall be installed to provide adequate ma- neuvering space and ensure that the requisite number of bicycle parking spaces remain accessible; and ii. Each bicycle parking space shall be at least two feet (2') by six feet (6'), with no less than an overhead clear- ance of seven feet (7'). A maneuver- ing area of five feet (5') shall separate rows of bicycle parking spaces. Where the bicycle parking is abutting the sidewalk, only the maneuvering area may extend into the right-of- way; and (Ord. 5676, 12-3-2012) iii. Areas set aside for bicycle park- ing shall be clearly marked and re- served for bicycle parking only; and iv. Bicycle parking shall not impede or create a hazard to pedestrians or vehicles. Parking areas shall be lo- cated so as to not conflict with vehi- cle vision clearance standards; and v. Bicycle parking shall be conve- niently located with respect to the street right-of-way and must be within fifty feet (50') of at least one main building entrance, as measured along the most direct pedestrian ac- cess route; and vi. Whenever possible, bicycle parking shall be incorporated into the building design and coordinate with the design of the street furniture when it is provided; and vii. Bicycle parking shall be visible to cyclists from street sidewalks or building entrances, so that it provides USE NUMBER OF REQUIRED SPACES All uses, unless specifically specified below: The number of bicycle parking spaces shall be equal to ten percent (10%) of the number of required off-street vehicle parking spaces; for uses in the CD zone that do not require off- street vehicle parking, the number of bicycle parking spaces shall be equivalent to ten percent (10%) of off-street vehicle parking spaces required for the same use located outside of the CD zone. Spaces shall meet the requirements of subsec- tion F11b of this Section, Bicycle Parking Standards. Office, general, medical and dental, manufacturing and fabrication, labora- tories, and packaging operations: The number of bicycle parking spaces shall be equal to ten percent (10%) of the number of required off-street vehicle parking spaces; for uses in the CD zone that do not require off- street vehicle parking, the number of bicycle parking spaces shall be equivalent to ten percent (10%) of off-street vehicle parking spaces required for the same use located outside of the CD zone. Spaces shall meet the requirements of subsec- tion F11c of this Section, Bicycle Parking Standards. Attached dwellings:One-half (0.5) bicycle parking space per one dwelling unit. Spaces shall meet the requirements of subsection F11c of this Section, Bicycle Parking Standards. 4-4-080G (Revised 3/17)4 - 38 sufficient security from theft and damage; and viii. Bicycle parking shall be at least as well lit as vehicle parking for secu- rity. c. Bicycle Parking Standards: The lo- cation of and access to bicycle parking areas for office, manufacturing and fabri- cation, laboratories, packaging opera- tions, and attached dwellings shall be in accordance with the following standards: (Ord. 5729, 10-20-2014) i. Bicycle parking standards i through iv in subsection F11b of this Section shall apply to this subsec- tion; and ii. Bicycle parking shall be provided for secure extended use and shall protect the entire bicycle and its com- ponents and accessories from theft and weather. Acceptable examples include bike lockers, bike check-in systems, in-building parking, and lim- ited access fenced areas with weather protection. iii. For in-building bike parking and limited access fenced areas, fixed structures for locking individual bikes, such as racks, must be pro- vided within the facility. For fenced areas, the fence shall be either six feet (6') high, or be floor-to-ceiling. iv. For attached dwellings, spaces within the dwelling units or on balco- nies do not count toward the bicycle parking requirement. However, des- ignated bicycle parking spaces within individual garages can count toward the minimum requirement. d. Modification: The Department of Community and Economic Development may authorize a modification from either of the minimum bicycle parking require- ments for a specific development should conditions warrant as described in RMC 4-9-250D2. When seeking a modification from the minimum bicycle parking re- quirements, the developer or building oc- cupant shall provide the Department of Community and Economic Development with written justification for the proposed modification. (Ord. 5529, 3-8-2010) G. PARKING LOT CONSTRUCTION REQUIREMENTS: 1. Surfacing Requirements for Parking Areas: All off-street parking areas shall be paved with asphaltic concrete, cement or equivalent alternative material of a perma- nent nature as approved by the Public Works Department. Surfacing treatments that pro- vide increased infiltration opportunities, such as permeable pavements, shall be used where feasible and to the extent required by the Surface Water Design Manual. (Ord. 5828, 12-12-2016) 2. Surfacing Requirements for Storage Lots: Storage lots may be surfaced with crushed rock or similar material approved by the Public Works Department. 3. Marking Requirements: All parking ar- eas other than those for single family residen- tial and duplex dwellings shall have stalls marked and access lanes clearly defined, in- cluding directional arrows to guide internal circulation. a. All entrances and exits shall be des- ignated as such by markings on the park- ing lot pavement in addition to any signs which may be used as entrance and exit guides. b. All markings are to be of commercial traffic paint or equal material and are to be maintained in a legible condition. c. All accessible (Americans with Dis- abilities Act, ADA), compact and guest parking spaces shall be marked. 4. Wheel Stops Required: Wheel stops shall be required on the periphery of the park- ing lot so the cars shall not protrude into the public right-of-way of the parking lot, or strike buildings. Wheel stops shall be two feet (2') from the end of the stall for head-in parking. 5. Drainage: Drainage shall meet City re- quirements, including the location of the drains and the disposal of water and shall be 4-4-080I 4 - 39 (Revised 3/17) in compliance with the Surface Water Design Manual. (Ord. 5828, 12-12-2016) H. LANDSCAPE MAINTENANCE REQUIREMENTS: 1. Maintenance Required: Landscaping shall be kept neat, orderly and of attractive appearance at all times. Such landscaping shall be maintained by the owner and/or oc- cupant. 2. Periodic Inspection: Landscaped areas will be subject to periodic inspection by the Development Services Division to ensure maintenance. Said Division shall advise en- forcing authority of noncompliance with Sec- tion requirements. 3. Maintenance Bonds and Charges Au- thorized: In the event that such landscaping is not maintained in a reasonable, neat, and clean manner, the City shall have the right to demand a proper performance or similar bond from the owner or occupant of the prem- ises to assure proper and continuous mainte- nance, or alternately, the City reserves the right to cause such maintenance to be done and to charge the full cost thereof unto the owner. (Ord. 3988, 4-28-1986) I. DRIVEWAY DESIGN STANDARDS: 1. Driveway Location – Hazard Prohib- ited: No driveway shall be constructed in such a manner as to be a hazard to any exist- ing street lighting standard, utility pole, traffic regulating device, fire hydrant, abutting street traffic, or similar devices or conditions. The cost of relocating any such street structure when necessary to do so shall be borne by the abutting property owner. Said relocation of any street structure shall be performed only through the department and person holding authority for the particular structure involved. (Ord. 4517, 5-8-1995; Ord. 5676, 12-3-2012) 2. Driveway Spacing Based Upon Land Use: a. Industrial, Warehouse and Shop- ping Center Uses: i. The location of ingress and egress driveways shall be subject to approval of the City under curb cut permit procedures. ii. There shall be a minimum of forty feet (40') between driveway curb re- turns where there is more than one driveway on property under unified ownership or control and used as one premises. iii. Driveways shall not be closer than five feet (5') to any property line (except as allowed under subsection I9 of this Section, Joint Use Drive- ways). b. All Other Uses: i. The location of ingress and egress driveways shall be subject to approval of the Department of Com- munity and Economic Development under curb cut permit procedures. ii. Driveway width (aggregate width if more than one driveway exists) shall not exceed forty percent (40%) of the street frontage. (Ord. 3988, 4-28-1986) 4-4-080I (Revised 3/17)4 - 40 iii. Driveways shall not be closer than five feet (5') to any property line (except as allowed under subsection I9 of this Section, Joint Use Drive- ways). (Ord. 4517, 5-8-1995) iv. There shall be a minimum of eighteen feet (18') between driveway curb returns where there is more than one driveway on property under single ownership or control and used as one premises. (Ord. 5729, 10-20- 2014) 3. Driveway Width Maximums Based Upon Land Use: a. Industrial, Warehouse and Shop- ping Center Uses: i. Driveway width (aggregate width if more than one driveway exists) shall not exceed forty percent (40%) of the street frontage. ii. The width of any driveway shall not exceed fifty feet (50') exclusive of the radii of the returns or taper sec- tion, the measurement being made parallel to the centerline of the street roadway. iii. The Administrator may grant an exception upon proper application in writing and for good cause shown, which shall include, but not be limited to, the absence of any reasonable al- ternative. (Ord. 5156, 9-26-2005; Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012) b. Single Family and Duplex Uses: The maximum width of single loaded ga- rage driveways shall not exceed nine feet (9') and double loaded garage driveways shall not exceed sixteen feet (16'). If a ga- rage is not present on the subject prop- erty the maximum width of a driveway shall be sixteen feet (16'). (Ord. 5517, 12-14-2009) c. All Other Uses: The width of any driveway shall not exceed thirty feet (30') exclusive of the radii of the returns or the taper section, the measurement being made parallel to the centerline of the street roadway. (Ord. 5729, 10-20-2014) 4. Maximum Number of Driveways Based Upon Land Use: a. Industrial, Warehouse and Shop- ping Center Uses: There shall be no more than two (2) driveways for each three hundred thirty feet (330') of street frontage serving any one property or among abutting properties under unified ownership or control. For each additional one hundred sixty five feet (165') of street frontage an additional driveway may be allowed. b. All Other Uses: There shall be no more than one driveway for each one hundred sixty five feet (165') of street frontage serving any one property or among properties under unified owner- ship or control; for each one hundred sixty five feet (165') of additional street frontage another driveway may be per- mitted subject to the other requirements of this Section. (Ord. 3988, 4-28-1986; Ord. 5729, 10-20-2014) 5. Driveway Angle – Minimum: The angle between any driveway and the street road- way or curb line shall not be less than forty five degrees (45°). 6. Driveway Grades – Maximum Based Upon Land Use: a. Single Family and Two (2) Family Uses: Maximum driveway slopes shall not exceed fifteen percent (15%); pro- vided, that driveways exceeding eight percent (8%) shall provide slotted drains at the lower end with positive drainage discharge to restrict runoff from entering the garage/residence or crossing any public sidewalk. To exceed fifteen per- cent (15%), a variance from the Adminis- trator is required. b. All Other Uses: Maximum driveway slope shall not exceed eight percent (8%). The Administrator may allow a driveway to exceed eight percent (8%) slope but not more than fifteen percent (15%) slope, upon proper application in writing and for good cause shown, which 4-4-080J 4 - 41 (Revised 5/18) shall include, but not be limited to, the ab- sence of any reasonable alternative. To exceed fifteen percent (15%), a variance from the Administrator is required. (Ord. 5157, 9-26-2005; Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012) 7. Surfacing Requirements for Drive- ways and Driveway Encroachments: Driveways and driveway approaches in the public right-of-way shall be paved with as- phaltic concrete, cement or equivalent alter- native materials of a permanent nature as approved by the Public Works Department. Surfacing treatments that provide increased infiltration opportunities, such as permeable pavements, shall be used where feasible and consistent with the Surface Water Design Manual. 8. Two (2) Track Driveway Design: For single-family lots, driveways may provide a pervious strip in the center in order to reduce the impervious surface of driveways. A two (2) track driveway does not allow for an in- crease in allowed driveway width. 9. Joint Use Driveways: a. Benefits: Joint use driveways re- duce the number of curb cuts along indi- vidual streets and thereby improve safety and reduce congestion while providing for additional on-street parking opportuni- ties. Joint use driveways should be en- couraged when feasible and appropriate, particularly when there is existing un- derutilized parking proximate to a subject site. (Ord. 4517, 5-8-1995) b. Where Permitted: Adjoining lots may utilize a joint use driveway accessed from a public street where such joint use driveway reduces the total number of driveways entering the street network, subject to the approval of the Department of Community and Economic Develop- ment. Joint use driveways must be cre- ated upon the common property line of the properties served or through the granting of a permanent access ease- ment when said driveway does not exist upon a common property line. If the ad- joining lots are residential, the joint use driveway shall provide access to no more than two (2) lots and each lot shall abut a public street. Joint use access to the driveway shall be assured by easement or other legal form acceptable to the City. (Ord. 3988, 4-28-1986; Ord. 4517, 5-8-1995; Ord. 5450, 3-2-2009; Ord. 5727, 10-20-2014; Ord. 5867, 12-11- 2017) 10. Driveways Providing Access or Con- nection To and From the State Highway System: Any driveway providing access or connection to or from the state highway sys- tem shall be designed and installed pursuant to RMC 4-6-060F9. (Ord. 5413, 10-13-2008; Ord. 5828, 12-12-2016) J. LOADING SPACE STANDARDS: 1. Loading Space Required: For all build- ings hereafter erected, reconstructed or en- larged, adequate permanent off-street loading space shall be provided if the activity carried on in such building requires deliveries to it or shipments from it of people or mer- chandise. Loading space shall be in addition to required off-street parking spaces. 2. Plan Required: Loading space shall be shown on a plan and submitted for approval by the Department of Community and Eco- nomic Development. (Ord. 5729, 10-20- 2014) 3. Projection into Streets or Alleys Pro- hibited: No portion of a vehicle taking part in loading or unloading activities shall project into a public street or alley. Ingress and egress points from public rights-of-way at designated driveways shall be designed and located in such a manner as to preclude off- site or on-street maneuvering of vehicles. 4. Minimum Clear Area for Dock High Loading Doors: Buildings which utilize dock- high loading doors shall provide a minimum one hundred feet (100') of clear maneuvering area in front of each door. 4-4-080K (Revised 5/18)4 - 42 5. Minimum Clear Area for Ground Level Loading Doors: Buildings which utilize ground level service or loading doors shall provide a minimum of forty five feet (45') of clear maneuvering area in front of each door. (Ord. 3988, 4-28-1986) K. MODIFICATIONS: 1. Special Provisions for Use of Paved Recreation Space for Parking: The Building Department may authorize the use of space designated and primarily used for recreation purposes for a portion of the required parking space provided the space conforms to the fol- lowing conditions: Such parking areas shall be subject to all locational and developmental provisions of this Section; such portions of the recreation area to be used for parking shall be paved with a durable, dustless sur- face of a permanent nature; and such parking space may be credited only to space require- ments of the principal use which it is intended to serve. (Ord. 4517, 5-8-1995) 2. Modification of Standards: See RMC 4-9-250D. L. DEFERRAL OF INSTALLATION OF REQUIRED IMPROVEMENTS: See RMC 4-9-060. The requirement of a bond for landscape installation may be waived upon ap- proval of the Department of Community and Eco- nomic Development and upon written application by the applicant. (Ord. 3718, 3-28-1983; Ord. 3988, 4-28-1986; Ord. 5729, 10-20-2014) M. APPEALS: To Hearing Examiner pursuant to RMC 4-8-110. 4-4-090 REFUSE AND RECYCLABLES STANDARDS: A. APPLICABILITY: All new developments for multi-family residences, commercial, industrial and other nonresidential uses shall provide on-site refuse and recyclables deposit areas and collection points for collection of refuse and recyclables in compliance with this Section. B. EXEMPTION FOR SINGLE FAMILY AND TWO (2) ATTACHED RESIDENCES (DUPLEXES): Single family and two (2) attached residences (duplexes) shall be exempt from these require- ments for refuse and recyclables deposit areas. C. GENERAL REQUIREMENTS APPLICABLE TO ALL USES (EXCEPT SINGLE FAMILY AND TWO (2) ATTACHED DWELLING UNITS): 1. Dimensions: Dimensions of the refuse and recyclables deposit areas shall be of suf- ficient width and depth to enclose containers for refuse and recyclables, and to allow easy access. 2. Location in Setback or Landscape Ar- eas Prohibited: Outdoor refuse and recycla- bles deposit areas and collection points shall not be located in any required setback or landscape areas. 3. Special Setbacks from Residential Properties: Outdoor refuse and recyclables deposit areas and collection points shall not be located within fifty feet (50') of a lot zoned residential, except by approval through the site development plan review process, or through the modification process if exempt 4-4-090D 4 - 43 (Revised 5/18) from site development plan review. (Ord. 5676, 12-3-2012; Ord. 5744, 1-12-2015) 4. Obstruction Prohibited: Collection points shall be located in a manner so that hauling trucks do not obstruct pedestrian or vehicle traffic on-site, or project into any pub- lic right-of-way. 5. Collocation Encouraged: When possi- ble, the recyclables deposit areas and collec- tion points shall be located near garbage collection areas to encourage their use. (Ord. 5676, 12-3-2012) 6. Signage Required: Refuse or recycla- bles deposit areas shall be identified by signs not exceeding two (2) square feet. 7. Containment in Zone 1 Wellhead Pro- tection Areas: Containment shall be pro- vided if the site infiltrates to a Zone 1 Wellhead Protection Area. 8. Architectural Design Consistent with Primary Structure: Architectural design of any structure enclosing an outdoor refuse or recyclables deposit area or any building pri- marily used to contain a refuse or recyclables deposit area shall be consistent with the de- sign of the primary structure(s) on the site as determined by the Administrator. (Ord. 5852, 8-7-17) 9. Screening of Deposit Areas: Garbage dumpsters, refuse compactor areas, and re- cycling collection areas must be fenced or screened. A six foot (6') wall or fence shall en- close any outdoor refuse or recyclables de- posit area. In cases where Zoning Code fencing provisions conflict with the six foot (6') wall or fence requirement, the Zoning Code provisions shall rule. Refuse and recyclables deposit areas located in industrial develop- ments that are greater than one hundred feet (100') from residentially zoned property are exempted from this wall or fence requirement. 10. Minimum Gate Opening and Mini- mum Vertical Clearance: Enclosures for outdoor refuse or recyclables deposit areas/ collection points and separate buildings used primarily to contain a refuse or recyclables deposit area/collection point shall have gate openings at least twelve feet (12') wide for haulers. In addition, the gate opening for any separate building or other roofed structure used primarily as a refuse or recyclables de- posit area/collection point shall have a verti- cal clearance of at least eleven feet (11'), but no more than fourteen feet (14'). (Ord. 5852, 8-7-17) 11. Weather Protection: Weather protec- tion of refuse and recyclables shall be en- sured by using weather-proofed containers or by providing a roof over the storage area. 12. Approval of Screening Detail Plan Required: A screening detail plan must be approved by the Development Services Divi- sion prior to the issuance of building or con- struction permits. (Ord. 5828, 12-12-2016) D. MULTI-FAMILY DEVELOPMENTS – ADDITIONAL REQUIREMENTS FOR DEPOSIT AND COLLECTION AREAS: 1. The refuse and recyclables deposit area and collection points for multi-family resi- dences shall be apportioned, located and de- signed as follows: a. Minimum Size: A minimum of one and one-half (1-1/2) square feet per dwelling unit in multi-family residences shall be provided for recyclables deposit areas, except where the development is participating in a City-sponsored program in which individual recycling bins are used for curbside collection. A minimum of three (3) square feet per dwelling unit shall be provided for refuse deposit ar- eas. A total minimum area of eighty (80) square feet shall be provided for refuse and recyclables deposit areas. b. Minimum Number of Deposit Ar- eas: There shall be a minimum of one re- fuse and recyclables deposit area/ collection point for each project. There shall be at least one deposit area/collec- tion point for every thirty (30) dwelling units. c. Dispersal of Deposit Areas: The required refuse and recyclables deposit areas shall be dispersed throughout the site when a residential development comprises more than one building. 4-4-090E (Revised 5/18)4 - 44 d. Location within Structures Possi- ble: Refuse and recyclables deposit ar- eas and collection points may be located in separate buildings/structures or out- doors. Refuse and recyclables deposit areas may be located within residential buildings, providing that they are in com- pliance with the Uniform Fire Code, and that collection points are easily and safely accessible to hauling trucks. e. Maximum Distance from Building Entrance: Refuse and recyclables de- posit areas and collection points shall be located no more than two hundred feet (200') from a common entrance of a resi- dential building, allowing for easy access by residents and hauling trucks. f. Site Plan Location: If refuse or recy- clable containers are located within a building, then the space which these fa- cilities utilize as well as parking space for refuse/recyclable container-towing vehi- cles must be clearly shown on plans sub- mitted to the City. Additionally, an exterior space must be provided to accommodate the container(s) on refuse/recyclable pick-up days. (Ord. 4971, 6-10-2002) g. Parking Space Obstruction Pro- hibited: Refuse and recyclable contain- ers, and associated refuse/recyclable container-towing vehicles may not ob- struct a required parking space at any time. (Ord. 4971, 6-10-2002) h. Storage in Required Parking Space Prohibited: Refuse and recycla- ble containers, and associated refuse/re- cyclable container-towing vehicles may not be stored in the minimum required parking spaces for a development. (Ord. 4971, 6-10-2002) 2. Multi-family residences using thirty-five (35) gallon garbage carts or smaller, when al- lowed, must meet all of the following require- ments: a. Storage Space: Storage space for carts must be provided either within the garage or outside. i. Storage within a garage must be appropriately sized to accommodate both vehicles and refuse and recy- cling carts. Storage space for carts must measure at least two feet by six feet (2’ x 6’) floor area and sixty inches (60”) high. This space must be identified on floor plans. ii. Storage located outside must measure at least two feet by six feet (2’ x 6’) in size and be located on the same lot as the dwelling in a side or rear yard. b. Screening: Outdoor storage must be adequately screened from public view, made of wood, masonry, or ornamental metal. c. Pick-Up Location: Space for carts to be placed on garbage pick-up day must be sufficient to accommodate the number of carts expected to be serviced on pick-up day. There shall be a direct connection constructed of a smooth sur- face that allows carts to be smoothly rolled to the street or other specified pick- up location. d. Parking Space Obstruction Pro- hibited: Refuse and recycle carts may not obstruct a required parking space at any time. e. Storage in Required Parking Space Prohibited: Refuse and recycle carts may not be stored in the minimum required parking spaces. (Ord. 5852, 8-7- 17) E. COMMERCIAL, INDUSTRIAL, AND OTHER NONRESIDENTIAL DEVELOPMENTS – ADDITIONAL REQUIREMENTS FOR DEPOSIT AND COLLECTION AREAS: The refuse and recyclables deposit areas and collection points for commercial, industrial and other nonresidential developments shall be ap- portioned, located and designed as follows: 1. Location: Refuse and recyclables de- posit areas and collection points may be allo- cated to a centralized area, or dispersed throughout the site, in easily accessible areas for both users and hauling trucks. 4-4-095C 4 - 44.1 (Revised 5/18) 2. Accessibility May Be Limited: Access to refuse and recyclables deposit areas and collection points may be limited, except during regular business hours and/or specific collection hours. 3. Office, Educational and Institutional Developments – Minimum Size: In office, educational and institutional developments, a minimum of two (2) square feet per every one thousand (1,000) square feet of building gross floor area shall be provided for recycla- bles deposit areas and a minimum of four (4) square feet per one thousand (1,000) square feet of building gross floor area shall be pro- vided for refuse deposit areas. A total mini- mum area of one hundred (100) square feet shall be provided for recycling and refuse de- posit areas. 4. Manufacturing and Other Nonresiden- tial Developments – Minimum Size: In manufacturing and other nonresidential de- velopments, a minimum of three (3) square feet per every one thousand (1,000) square feet of building gross floor area shall be pro- vided for recyclables deposit areas and a minimum of six (6) square feet per one thou- sand (1,000) square feet of building gross floor area shall be provided for refuse deposit areas. A total minimum area of one hundred (100) square feet shall be provided for recy- cling and refuse deposit areas. 5. Retail Developments – Minimum Size: In retail developments, a minimum of five (5) square feet per every one thousand (1,000) square feet of building gross floor area shall be provided for recyclables deposit areas and a minimum of ten (10) square feet per one thousand (1,000) square feet of building gross floor area shall be provided for refuse deposit areas. A total minimum area of one hundred (100) square feet shall be provided for recycling and refuse deposit areas. F. MODIFICATIONS: Whenever there are practical difficulties involved in carrying out the provisions of this Section, mod- ifications may be granted for individual cases in accordance with the procedures and review crite- ria in RMC 4-9-250D. G. APPEALS: Any decisions made in the administrative process described in this Section may be appealed to the Community and Economic Development Admin- istrator within fifteen (15) days and filed, in writ- ing, with the Department of Community and Eco- nomic Development. The Administrator shall give substantial weight to any discretionary decision of the City rendered pursuant to this Section. (Ord. 4376, 11-16-1992, Ord. 4703, 2-2-1998; Amd. Ord. 4963, 5-13-2002; Ord. 5156, 9-26-2005; Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012) 4-4-095 SCREENING AND STORAGE HEIGHT/LOCATION LIMITATIONS: A. PURPOSE: The purpose of this Section is to provide screen- ing standards for mechanical equipment and out- door service and storage areas to reduce visibility, noise, and related impacts while allow- ing accessibility for providers and users. B. APPLICABILITY: The standards contained in this Section shall ap- ply to: 1. New or Replacement Equipment/Ac- tivity: All proposals for new or replacement surface mounted equipment, rooftop equip- ment, outdoor storage, loading, repair, main- tenance, work and/or retail areas. 2. Enlargement or Exterior Modifications of Existing Structures: Sites with existing surface mounted equipment, rooftop equip- ment, outdoor storage, loading, repair, main- tenance, work and/or retail areas, that are not screened in conformance with this Section shall be required to conform to the screening requirements of this Section if enlarged or al- tered when the cost of additions, expansions, or alterations exceeds fifty percent (50%) of the assessed value of the existing structure or use shall result in the application of this Section; provided, that interior alterations or improvements which do not result in the exte- rior modification of an existing building, struc- ture, or use shall be exempt from these provisions. C. AUTHORITY: The Community and Economic Development Ad- ministrator shall determine compliance with these standards concurrently with any development permit review. (Ord. 5676, 12-3-2012) 4-4-095D (Revised 5/18)4 - 44.2 D. SURFACE MOUNTED EQUIPMENT: 1. General Screening: All on-site surface mounted utility equipment shall be screened from public view. Screening shall consist of equipment cabinets enclosing the utility equipment, solid fencing or a wall of a height at least as high as the equipment it screens, or a landscaped visual barrier allowing for reasonable access to equipment. Equipment cabinets, fencing, and walls shall be made of 4-4-095I 4 - 45 (Revised 2/15) materials and/or colors compatible with build- ing materials. a. Industrial Zone Exemption: Sur- face mounted equipment located in in- dustrial developments that are greater than one hundred feet (100') from resi- dentially zoned property and/or public streets are exempted from requirements in subsection D1 of this Section, General Screening. E. ROOF-TOP EQUIPMENT: All operating equipment located on the roof of any building shall be enclosed so as to be screened from public view. Subject to the Administrator’s discretion, shielding shall consist of the following: 1. New Construction: Roof wells, cleresto- ries, or parapets, walls, solid fencing, or other similar solid, nonreflective barriers or enclo- sures. 2. Additions to Existing Buildings: Where the existing roof structure cannot safely support the required screening, or where the integrity of the existing roof will be compromised by the screening, the Adminis- trator may require painting of the equipment to match the approximate color of the back- ground against which the equipment is viewed, or an equivalent nonstructural method to reduce visibility. (Ord. 5676, 12-3-2012; Ord. 5746, 1-12-2015) F. OUTDOOR STORAGE, LOADING, REPAIR, MAINTENANCE AND WORK AREAS: 1. Outdoor Loading – Multi-Family Zones: Loading areas shall be screened by a solid barrier fence or landscaping, or some combination thereof as determined through the site plan development review process or the modification process for site plan devel- opment review exempt proposals. 2. Outdoor Loading, Repair, Mainte- nance and Work Areas – Commercial and Industrial Zones: Screening is not required, except when the subject commercial or in- dustrial lot abuts or is adjacent to a residen- tially zoned lot and the regulated activity is proposed on the side of the property abutting or adjacent to the listed zones. In such cases, a fence, or landscaping, or a landscaped berm, or any combination of the same is re- quired to achieve adequate visual or acousti- cal screening. These provisions may be modified through the site plan development review process, or the modification process for site plan exempt proposals, where the ap- plicant can show that the same or better re- sult will occur because of creative design solutions, unique aspects or use, etc. (Ord. 5744, 1-12-2015) 3. Outdoor Storage – Commercial or In- dustrial Zones: When permitted by the un- derlying zone, outdoor storage must be screened from adjacent or abutting properties and public rights-of-way. Outdoor storage uses shall provide sight-obscuring fences or solid walls a minimum of six feet (6') in height, berming, and/or landscaping as determined by the Administrator to achieve adequate vi- sual or acoustical screening. Outside storage shall not be permitted in any required setback area. Products or materials covered by build- ings with roofs but without sides shall be con- sidered outside storage and subject to the screening provisions of this Section. Exterior sales of autos, boats and motorcycles are not considered outdoor storage. a. Special Outdoor Storage Height Requirements, Industrial Zones: Lim- ited to fifteen feet (15') in height. (Ord. 5676, 12-3-2012) G. VEHICLE STORAGE SCREENING, CA ZONE: In lieu of subsection F3 of this Section, vehicle storage screening shall include the following: fencing, berming, enclosing walls and landscap- ing, as determined by the Administrator, sufficient to achieve substantial visual and acoustical screening, shall be provided to screen adjacent and abutting properties, public rights-of-way and limited rights-of-way. (Ord. 5676, 12-3-2012) H. OUTDOOR RETAIL SALES – CD ZONE: Outdoor retail sales uses in the CD Zone must be fully enclosed on all sides and screened from view of adjacent uses and abutting public streets. I. VARIANCES: A variance to standards that are not otherwise al- lowed to be altered via another process in accor- 4-4-095J (Revised 2/15)4 - 46 dance with subsections D through G of this Section may be sought pursuant to RMC 4-9-250. J. APPEALS: See RMC 4-8-110. (Ord. 4963, 5-13-2002) 4-4-100 SIGN REGULATIONS: A. PURPOSE: It is the purpose of these regulations to provide a means of regulating signs so as to promote the health, safety, morals, general welfare, social and economic welfare and esthetics of the City of Renton. Signs are erected to provide information for the benefit and convenience of pedestrians and motorists and should not detract from the quality of urban environment by being competitive or garish. Signs should complement and charac- terize the environment which they serve to give their respective areas a unique and pleasing quality. The regulations of this Code are not in- tended to permit any violations of any other lawful ordinance. The purposes of this Section are im- plemented through the establishment of stan- dards for the type, placement, scale, and construction of signs which varies by use, zoning district, or City Center sign district. (Ord. 2877, 9-9-1974; Amd. Ord. 4720, 5-4-1998) B. APPLICABILITY AND AUTHORITY: 1. Applicability: No sign shall hereafter be erected, re-erected, constructed or altered, except as provided by this Code and a permit for the same has been issued by the Building Official. 2. Permits Required: A separate permit shall be required for a sign or signs for each business entity and/or a separate permit for each group of signs on a single supporting structure. In addition, electrical permits shall be obtained for electric signs. (Ord. 4629, 8-19-1996) 3. Periodic Inspection of Signs: All signs controlled by this Section shall be subject to inspection and periodic reinspection by the Community and Economic Development Ad- ministrator. (Ord. 3719, 4-11-1983; Amd. Ord. 4832, 3-6-2000; Ord. 5450, 3-2-2009) 4. Authority of Community and Eco- nomic Development Administrator: The Community and Economic Development Ad- ministrator is hereby authorized and directed to enforce all the provisions of this section. The Administrator may order the removal of any sign that is not maintained in accordance with the provisions of subsection D3 of this section. (Ord. 2877, 9-9-1974; Amd. Ord. 3719, 4-11-1983; Ord. 4832, 3-6-2000; Ord. 5450, 3-2-2009) 5. Exemptions from Sign Code Regula- tions: a. Indoor Signage: This Code does not apply to any signs or sign structures located within a building. (Ord. 2877, 9-9-1974, Amd. Ord. 4720, 5-4-1998) b. Government and Utility Signage: Nothing in this Code shall be interpreted as controlling public and informational signs placed on the public right-of-way by any governmental agency or public utility having underground or overhead installa- tions. (Ord. 2877, 9-9-1974) c. Awning, Canopy, and Marquee Structures Having No Signage: Aw- nings and canopies shall meet the appli- cable provisions of the adopted edition of the International Building Code. (Ord. 4720, 5-4-1998; Ord. 5450, 3-2-2009) 6. Exceptions from Permit Require- ments: The following shall not require a sign permit. These exceptions shall not be con- strued as relieving the owner of any sign from the responsibility of its erection, maintenance and compliance with any other law or ordi- nance regulating the same. a. Bulletin Boards: Bulletin board not over twelve (12) square feet in area on one face for each public, charitable or re- ligious institution when the same is lo- cated on the premises of said institution. b. City Sponsored Signs: Temporary signs for the purpose of announcing or promoting a City sponsored community fair, festival, or event. Such decorations and signs may be displayed no more than fourteen (14) calendar days prior to and during the fair, festival, or event. All 4-4-100B 4 - 46.1 (Revised 3/13) decorations and signs must be removed within five (5) calendar days following the end of the fair, festival or event. Excep- tions to the time limitations may be ap- proved by the Mayor’s office. The temporary signs may be located on or over public rights-of-way with approval of the sign placement by the City of Renton Transportation Systems Division. c. City Sponsored or Co-Sponsored Signs and Displays: City sponsored or co-sponsored signs, banners, or decora- tions subject to approval of the Mayor’s office. These signs, banners, and dis- plays may be located on or over public rights-of-way with approval of the sign placement by the City of Renton Trans- portation Systems Division. (Amd. Ord. 4848, 6-26-2000) d. Construction Signs: i. Construction Advertising: One temporary sign per street frontage, not exceeding thirty two (32) square feet in area on one face, denoting the architect, engineer, contractor, finan- cier, developer and/or future site oc- cupant or tenant when placed on the site of new construction and/or build- ing or site renovation. ii. Temporary Replacement Sig- nage: Existing uses which have re- moved permanent signage during a construction project may install tem- porary banners and/or rigid portable signs in lieu of permanent signage. Only one banner or rigid portable sign shall be allowed per street front- age. Wall-hung and wall-pole strung banners shall not exceed one hun- dred (100) square feet in size, pole- hung banners shall not exceed twenty (20) square feet in size, and rigid portable signs shall not exceed thirty two (32) square feet in size. The above temporary signage may only be displayed in conjunction with a valid building or construction per- mit. Temporary replacement signs shall be removed at, or prior to, the fi- nalization of the building permit. (Amd. Ord. 4859, 9-18-2000) e. Copy Changes: The changing of the advertising copy or message on a painted or printed sign, theater marquee and similar signs specifically designed for the use of replaceable copy. f. Credit Signs: Signs of not over two (2) square feet advertising that credit is available to members of monetary institu- tions. g. Flags: National, State, county and municipal flags properly displayed. In ad- dition, one corporate or institutional flag may be properly displayed per site. (Ord. 4848, 6-26-2000) h. Garage Sale Signs: See RMC 4-4-100J3. (Ord. 5062, 1-26-2004) i. Holiday Displays: Temporary signs and decorations customary for special holidays, observed by the federal, state or municipal government erected entirely on private property. (Amd. Ord. 4848, 6-26-2000; Ord. 5062, 1-26-2004) j. Memorial Signs: Memorial signs or tables, names of buildings and dates of erection, when cut into any masonry sur- face or when constructed of bronze or other incombustible materials. (Ord. 4629, 8-19-1996; Amd. Ord. 4848, 6-26-2000; Ord. 5062, 1-26-2004) k. Modifications Not Requiring Structural or Electrical Changes: i. Outside of City Center: Paint- ing, repainting or cleaning of an ad- vertising structure or the changing of the advertising copy or message thereon shall not be considered an erection or alteration which requires sign permit unless a structural or electrical change is made. (Ord. 4629, 8-19-1996; Amd. Ord. 4720, 5-4-1998) ii. Inside City Center Sign Regu- lation Boundaries: Painting, re- painting or cleaning of an advertising structure shall not be considered an erection or alteration which requires sign permit unless a structural or electrical change is made. A change 4-4-100C (Revised 3/13)4 - 46.2 of sign face shall be subject to permit requirements. (Ord. 4720, 5-4-1998; Amd. Ord. 4848, 6-26-2000; Ord. 5062, 1-26-2004) l. Open House Signs. (Amd. Ord. 4848, 6-26-2000; Ord. 5062, 1-26-2004) m. Political Signs: Political signs less than thirty-two (32) square feet on one face as herein defined. (Amd. Ord. 4848, 6-26-2000; Ord. 5062, 1-26-2004; Ord. 5604, 6-6-2011) n. Public Art: Sculptures, wall paint- ings, murals, collages, banners and other design features which do not incorporate advertising or identification, consistent with the provisions and procedures of the Public Art Exemption, RMC 4-9-160. (Amd. Ord. 4848, 6-26-2000; Ord. 5062, 1-26-2004) o. Public Service Signs: Nonadvertis- ing and nonpromotional signs such as cit- izen recognition signs, neighborhood welcome signs, signs indicating scenic or historic points of interest, or other signs of similar nature as determined by the De- velopment Services Division. Such signs may be located in any zone and shall re- quire approval of the Development Ser- vices Division. These signs may be located on or over public rights-of-way with approval of the sign placement by the City of Renton Transportation Sys- tems Division. (Amd. Ord. 4848, 6-26-2000; Ord. 5062, 1-26-2004) p. Real Estate Signs: Open house signs as described in subsection J2b(i) of this Section and freestanding real estate signs as described in subsection J2c of this Section. (Amd. Ord. 4848, 6-26-2000; Ord. 5062, 1-26-2004; Ord. 5496, 10-5-2009) q. Safety Information Signs: Signs of public service companies indicating dan- ger and/or service or safety information. (Amd. Ord. 4848, 6-26-2000; Ord. 5062, 1-26-2004) r. Small Parking and Traffic Control Signs: Parking and traffic control signs two (2) square feet or less on private property. (Amd. Ord. 4848, 6-26-2000; Ord. 5062, 1-26-2004) s. Small Wall Signs: One on-premises sign, not electrical or illuminated, two (2) square feet or less on one face which is affixed permanently on a plane parallel to the wall on the wall located entirely on pri- vate property. (Amd. Ord. 4848, 6-26-2000; Ord. 5062, 1-26-2004) t. Weekend and Holiday Display Sig- nage for Vehicle and Vessel Sales in the Automall Overlay Districts: Bal- loons, with no limit on size or number per site, may be displayed on Fridays, Satur- days, and Sundays, federal legal holi- days and December 26 – 31. (Ord. 4848, 6-26-2000; Ord. 5062, 1-26-2004) u. Banner Signage for Vehicle and Vessel Sales in the Automall Overlay Districts: Wall-hung and pole-hung ban- ners are permitted as follows: i. Wall-Hung Banner Size and Lo- cation Limitations: Wall-hung ban- ners shall not exceed one hundred (100) square feet in size. There are no restrictions on the number per wall or number per site. Wall-hung banners shall not cover up perma- nent signage or address numbers. ii. Pole-Hung Banner Size and Location Limitations: Pole-hung banners shall not exceed twenty (20) square feet in size. No more than one pole-hung banner shall be located on any on-site pole or light standard. There are no restrictions on the num- ber of pole-hung banners per site. (Ord. 4848, 6-26-2000; Ord. 5062, 1-26-2004) C. PROHIBITED SIGNS AND DEVICES: The following signs or devices are specifically prohibited: 1. Signs Which Violate State Regula- tions: All signs not complying with the Wash- ington State Highway Department regulations abutting State roads. (Ord. 4629, 8-19-1996; Ord. 5676, 12-3-2012) 4-4-100C 4 - 46.3 (Revised 3/13) 2. Signs Which Interfere with Traffic Control: Any sign using the words “stop”, “look”, “danger” or any other word, symbol or character which might confuse traffic or de- tract from any legal traffic control device. No sign shall be erected in such a manner as to confine or obstruct the view or interpretation of any official traffic sign, signal or device. (Ord. 4629, 8-19-1996; Amd. Ord. 4720, 5-4-1998) 3. Animated, Revolving, Blinking and Flashing Signs: a. Outside City Center: All of the fol- lowing signs located within seventy five feet (75') of the public right-of-way with any of the following features: animated, revolving more than eight (8) revolutions per minute, blinking and flashing. Excep- tions are public service signs, such as those which give the time, temperature and/or humidity, and electronic message boards/signs for public facilities and car dealers located within the Automall Area(s). (Ord. 4629, 8-19-1996, Amd. Ord. 4724, 5-11-1998; Ord. 4766, 3-1-1999). b. Inside City Center Sign Regulation Area Boundaries: In the City Center, all of the following signs with any of the fol- lowing features: animated, revolving, blinking and flashing. Exceptions are public service signs, such as those which give the time, temperature and/or humid- ity, and barber poles. 4. Devices of a Carnival Nature: Balloons, flags, pennants/streamers, wind-animated objects, searchlights, inflatable statuary, and similar devices of a carnival nature except as specifically provided in subsections B6, Ex- emptions from Permit Requirements, and J6, Event Signs, of this Section. (Amd. Ord. 4848, 6-26-2000) 5. Banners and Rigid Portable Signs: Banners and rigid portable signs or any simi- lar sign which is not permanently mounted, except for those signs specifically permitted by subsections B6, Exceptions from Permit Requirements, and J, Temporary Signs, of this Section. (Amd. Ord. 4832, 3-6-2000; Ord. 4848, 6-26-2000) 6. Signs Which Obscure Vision: There shall be no signs allowed within twenty feet (20') of intersections or driveways which shall obscure vision between the height of three feet (3') and ten feet (10') of the street or driveway grade. 7. Signs on Stationary Vehicles: Station- ary motor vehicles, trailers and related de- vices to circumvent the intent of this Code. (Ord. 4629, 8-19-1996) 8. Signs over Public Right-of-Way: Signs over public right-of-way other than signs specified in subsection L2 of this Section, projecting signs, temporary cloth signs per subsection J1c of this Section, City spon- sored signs and public service signs per sub- sections B6b, B6c and B6o of this Section. (Ord. 4629, 8-19-1996; Amd. Ord. 4720, 5-4-1998) 9. Signs on Public Right-of-Way: Signs on public right-of-way other than real estate kiosk signs, temporary and portable signs al- lowed by subsection J of this Section; and subsections B6b, City Sponsored Signs; B6c, City Sponsored or Co-Sponsored Signs and Displays; B6o, Public Service Signs; B6q, Safety Information Signs; and I, Signs on Public Right-of-Way, of this Section. (Ord. 3719, 4-11-1983; Amd. Ord. 4832, 3-6-2000; Ord. 4848, 6-26-2000; Ord. 5062, 1-26-2004; Ord. 5496, 10-5-2009) 10. Off-Premises Signs: Except tempo- rary and portable signs allowed by subsec- tions J of this Section; City sponsored signs and public service signs per subsections B6b, City Sponsored Signs; B6c, City Spon- sored or Co-Sponsored Signs and Displays; and B6o, Public Service Signs, of this Sec- tion. (Ord. 4172, 9-12-1988; Amd. Ord. 4629, 8-19-1996; Ord. 4832, 3-6-2000; Ord. 4848, 6-26-2000; Ord. 5062, 1-26-2004) 11. Roof Signs within the City Center Sign Regulation Area, subsection H of this Section, shall be prohibited. (Ord. 4720, 5-4-1998) 12. Signs Obscuring Address Numbers. (Ord. 4848, 6-26-2000) 13. Signs Located in Designated Fire Lanes: Signs shall not encroach within any 4-4-100D (Revised 3/13)4 - 46.4 on-site fire lane, i.e., a minimum clearance of fourteen feet (14') in height and twenty feet (20') in width. (Ord. 4848, 6-26-2000) 14. Perimeter Street Landscaping: No sign shall be located within required perime- ter street landscaping. (Ord. 4848, 6-26-2000) 15. Signs on Vegetation: No sign or adver- tising device shall be attached or hung on or from a tree or shrub. (Ord. 4848, 6-26-2000) 16. Real Estate Signs: a. Any off-premises real estate sign, ex- cept open house, real estate directional, and real estate kiosk signs. b. In no case shall any real estate sign be less than four (4) square feet, except for open house signs. c. Any off-premises real estate sign lo- cated at the same intersection corner, or location as an approved public service sign or public art. d. Any real estate sign closer than four feet (4') to the edge of a public roadway. e. Any real estate sign placed in a man- ner as to constitute a public safety hazard as determined by the Development Ser- vices Division. (Ord. 5062, 1-26-2004; Ord. 5496, 10-5-2009) D. GENERAL REQUIREMENTS FOR SIGNS: 1. Permit Fees: At the time of issuing a per- mit to erect or install a sign or device con- trolled by this Code, the Building Official shall collect a fee pursuant to RMC 4-1-140M. 2. Method of Calculating Sign Area: For the purpose of computing the maximum per- mitted size and permit fee, freestanding let- ters or characters, where no background is specially provided, the area shall be consid- ered as that encompassed by drawing straight lines at the extremities of the shapes to be used. 3. Sign Maintenance Required: All signs, together with all of their supports, braces, guys and anchors, shall be kept in repair and in proper state of preservation. The surfaces of all signs shall be kept neatly painted or posted at all times. The ground area shall be neat and orderly. (Ord. 3719, 4-11-1983) 4. Appearance of Signs: If a sign is visible from more than one direction, all areas not in- tended as display surfaces including the back and sides shall be designed so that such ar- eas are given a finished and pleasing appear- ance with the display surfaces visible only from the directions that they are intended to be seen. (Ord. 2504, 9-23-1969) 5. Lighting: All illuminated signs shall be designed and located in such a manner as to avoid undue glare or reflection of light. Unless specifically restricted, signs may be internally or externally illuminated, or have tube illumi- nation. (Ord. 2504, 9-23-1969; Amd. Ord. 4720, 5-4-1998) 6. Removal of Signage Upon Closure of Business: a. City-Wide Outside of City Center: Upon the closure and vacation of a busi- ness or activity, the owner of said busi- ness or activity shall have ninety (90) days from the date of closure to remove all signs relating to said business and ac- tivity. If the owner of said business or ac- tivity fails to remove said signs within the designated time period, then the owner of the property upon which said signs are located shall remove said signs within one hundred twenty (120) days of said closure and vacation of premises. (Ord. 4720, 5-4-1998) b. City Center Sign Regulation Area: Upon the effective date of this Section (June 8, 1998), the following regulations shall govern sign removal in the City Center Sign Regulation Area upon clo- sure of business: i. Timing and Responsibility for Removal: Upon the closure and va- cation of a business or activity, the owner of said business or activity shall immediately remove all signs relating to said business and activity. If the owner of said business or activ- ity fails to remove said signs, then the 4-4-100D 4 - 46.5 (Revised 2/15) owner of the property upon which said signs are located shall remove said signs within thirty (30) days of said closure and vacation of prem- ises. If the owner of the property fails to remove the signs within the desig- nated time limit, then the Building Of- ficial may upon due notice enforce civil penalty regulations per RMC 1-3-2. Prior to the end of the thirty (30) day time period or time period established upon notice by the City pursuant to enforcement of civil pen- alty regulations, a new tenant or the property owner may request utiliza- tion of existing signs or sign struc- tures as regulated in paragraphs ii through iv of this subsection. ii. Exception for Conforming Signs: Conforming signs and sign structures may be utilized by a new tenant or owner. The tenant or owner shall submit a sign permit application to confirm the conformity of the signs and sign structures. Permit fees are not required when the Administrator determines that no change to the conforming sign will be made. Where there will be alterations or new sign faces of the existing conforming signs or sign structures, sign permit fees shall apply. (Ord. 4720, 5-4-1998) iii. Exception for Nonconforming Signs: Nonconforming signs and sign structures shall not be utilized by a new tenant or owner unless one or more of the following conditions is present: • The sign is considered to be of historic value, and has been des- ignated as such by the Renton City Council through adoption of a resolution or ordinance; or • Replacement of sign faces may be allowed if there is a change in the corporate name of the busi- ness due to merger, acquisition or new management, but no change in use or activity, and the property was not vacated in the transition. Such signs shall be subject to applicable sign permit and fee requirements; or • A variance or modification was granted to the previous tenant or owner, and the conditions war- ranting the variance or modifica- tion are still present. The approval or denial shall be docu- mented by administrative deter- mination. If the Administrator indicates that conditions do not appear to warrant continuation of the previous variance or modifi- cation, the applicant may submit a new variance or modification application; or • The applicant proposes to alter the nonconforming sign in order to make it fully conforming. Alter- ation of the sign shall be subject to applicable sign permit and fee requirements; or • Application is made for a sign modification or variance as ap- propriate. If the above provisions are not met, then the noncon- forming sign or sign structure shall be removed immediately. (Ord. 3719, 4-11-1983, Amd. Ord. 4422, 10-25-1993, Ord. 4720, 5-4-1998) iv. Immediate Removal: If the pro- visions of subsection D6b(iii) of this Section are not met, then the non- conforming sign or sign structure shall be removed immediately. (Ord. 5676, 12-3-2012) 7. Nonconforming Signs: Any noncon- forming signage which was erected prior to the enactment of the Sign Code (September 9, 1974), or which was erected legally in ac- cordance with the provisions of the sign ordi- nance in effect at the time of erection, or which has a valid building permit from the City may remain in use by the existing business, subject to the following: a. The changing of advertising copy or message thereon is permitted provided no structural or electrical alteration is made. A sign permit shall be obtained by 4-4-100E (Revised 2/15)4 - 46.6 the existing business, unless exempt from permit requirements pursuant to subsection B6e of this Section. Other proposed alterations are subject to sub- sections D7b through D7d of this Section. b. The sign shall be kept in a safe con- dition. Nothing in this Section shall pre- vent the strengthening or restoring to a safe condition of any portion of a sign de- clared unsafe by a proper authority. Legal nonconforming signage is subject to all requirements of this Code regarding safety, maintenance, and repair. c. Excluding the cost of changing ad- vertising copy/messages per subsection D7a of this Section, the cost of alterations of a legal nonconforming sign shall not exceed an aggregate cost of fifty percent (50%) of the value of the sign, based upon its replacement value, unless the amount over fifty percent (50%) is used to make the sign more conforming. Alter- ations shall not result in or increase any nonconforming condition. d. The reconstruction, repairing, re- building and continued use of a noncon- forming sign damaged by fire, explosion, or act of God, subsequent to the effective date of these regulations (June 8, 1998), may be allowed as follows: the work shall not exceed fifty percent (50%) of its re- placement value of the sign at the time such damage occurred; otherwise, any restoration or reconstruction shall con- form to the regulations and standards specified in this Section. (Ord. 4720, 5-4-1998) E. SIZE, NUMBER AND HEIGHT OF PERMANENT SIGNS: 1. Permitted and Prohibited Signs: Only those signs specifically designated are per- mitted; all others are prohibited. (Ord. 4464, 7-25-1994) 2. Location Limitations: Setbacks for sig- nage shall be as listed in the applicable zone as established by chapter 4-2 RMC. (Ord. 4464, 7-25-1994; Amd. Ord. 4720, 5-4-1998; Ord. 5578, 11-15-2010) 3. Height Limits: a. Signs within City Center: See sub- section H of this Section. b. Signs within Urban Design Sign Regulation Area: See subsection G of this Section. c. Signs Outside City Center and Outside Urban Design Sign Regula- tion Areas: The height limitation for free- standing, ground, projecting and combination signs shall be the maximum height of the zone or forty feet (40'), whichever is less. Roof signs may extend twenty feet (20') above the parapet wall. This Section shall not apply to those signs covered by subsection E5e of this Section, Large Retail Uses, or subsection G of this Section, Signs Within Urban De- sign Area – Special Requirements, or subsection H of this Section, Signs Within City Center – Special Require- ments, or subsection E5f(ii) of this Sec- tion, Motor Vehicle Dealership Over One Acre of Contiguous Ownership or Control Located Within the Automall Area(s). (Ord. 4464, 7-25-1994, Amd. Ord. 4720, 5-4-1998; Ord. 5066, 4-5-2004; Ord. 5578, 11-15-2010) 4. Signs Permitted in All Residential, Commercial, and Industrial Zones: In all residential, commercial and industrial zones the following shall apply: (Ord. 5578, 11-15-2010) a. Churches, Apartments, Subdivi- sions, and Existing Legally Estab- lished Nonconforming Businesses within Residential Zones: Churches, apartment buildings, subdivision devel- opments, and existing legally established nonconforming businesses within resi- dential zones and similar occupancies lo- cated in residential and mixed-use zones may have two (2) on-premises identifying signs of not over thirty two (32) square feet in area on one face. The signs may be illuminated but not animated, shall be for location identification only and shall display no copy, symbol or device other than that in keeping with the develop- ment. Freestanding signs shall not have a height greater than six feet (6') above 4-4-100E 4 - 47 (Revised 8/17) any established grade and shall be no closer than five feet (5') to any lot line. (Ord. 5675, 12-3-2012; Ord. 5749, 1-12- 2015) i. Decorative Flags: Apartment buildings, residential subdivision de- velopments and similar occupancies located in residential and mixed-use zones may also display decorative flags in accordance with the following requirements: (a) Permit Requirements: Permit required. (b) Sign Type: A lightweight fabric or similar material, sup- ported by a vertical or horizontal staff. (c) Allowed Uses: Multi-family residential complexes and subdi- visions of ten (10) or more units or lots. (d) Maximum Size: Each flag shall not exceed twenty five (25) square feet. (e) Maximum Height: Flags, including the supports, shall not exceed the height limitations for the zone in which it is located. (f) Sign/Pole Location: Only permissible when located within one hundred feet (100') of the en- trance to a subdivision or a multi- family development. The sign/ pole shall be located on the de- velopment premises and shall be set back a minimum of one foot from the property line for each foot in height. (Amd. Ord. 4766, 3-1-1999; Ord. 5062, 1-26-2004) b. Home Occupations: Only one home occupation sign, not illuminated, not exceeding two (2) square feet in area, attached to the wall of the building with the face of the sign in a plane parallel to the plane of the wall is permitted. c. Temporary Signs: Temporary signs per subsection J of this Section are al- lowed, except for cloth signs over public right-of-way. (Ord. 3719, 4-11-1983; Amd. Ord. 4172, 9-12-1988; Ord. 4720, 5-4-1998; Ord. 5062, 1-26-2004) d. Public Facilities (Public Buildings, Schools, Parks and Recreation Facili- ties): Each individual public facility may have one freestanding electronic or man- ual message board, a maximum of twenty five feet (25') in height and one hundred fifty (150) square feet in size. In addition to the message board sign, each individ- ual facility may have one freestanding sign not higher than six feet (6') above any established grade for each street frontage and no more than one hundred (100) square feet. Freestanding signs shall be no closer than ten feet (10') to any street right-of-way or five feet (5') to any side property line. In addition to the free- standing signs, wall signs are permitted with a total copy area not exceeding ten percent (10%) of the building facade to which it is applied. (Ord. 4766, 3-1-1999; Ord. 5062, 1-26-2004) 5. Additional Signs Permitted in Com- mercial and Industrial Zones: Except in the City Center Sign Regulation Area, subsection H of this Section, the following shall apply in all commercial and industrial zones: (Ord. 5578, 11-15-2010) a. Business Signs – General: i. Freestanding, Ground, Roof and Projecting Signs: Each individ- ual business establishment may have only one sign for each street frontage of any one of the following types: Freestanding, roof, ground, projecting or combination. Each sign shall not exceed an area greater than one and one-half (1-1/2) square feet for each lineal foot of property front- age which the business occupies up to a maximum of three hundred (300) square feet; or if such sign is multi- faced, the maximum allowance shall not be more than three hundred (300) square feet. However, a maxi- mum of one-half (1/2) of the allowed square footage is allowed on each face. Businesses with less than twenty five (25) lineal front feet may 4-4-100E (Revised 8/17)4 - 48 have a sign of a maximum of twenty (20) square feet per face. ii. Wall Signs: In addition to the signs in subsections E5c, Under Marquee Signs, E5a, Business Signs – General, E5f and E5g, Motor Vehi- cle Dealership Over One Acre, E5e, Large Retail Uses, and E5d, Shop- ping Centers, of this Section, wall signs are permitted with a total copy area not exceeding twenty percent (20%) of the building facade to which it is applied. (Ord. 3719, 4-11-1983; Amd. Ord. 4464, 7-25-1994; Amd. Ord. 4720, 5-4-1998) b. Marquee Signs: Signs on marquees conforming to subsection N of this Sec- tion are permitted. c. Under Marquee Signs: Under mar- quee signs shall be limited to one such sign per entrance for each business es- tablishment. (Ord. 3719, 4-11-1983) d. Shopping Centers: i. Shopping centers less than ten (10) acres may install: •Freestanding Signs: One free- standing sign for each street frontage of the shopping center. Each sign shall not exceed an area greater than one and one- half (1-1/2) square foot for each linear foot of property frontage, not to exceed one hundred fifty (150) square feet per sign face and a maximum of three hundred (300) square feet including all sign faces. ii. Shopping centers ten (10) acres or greater may install: •Freestanding Signs: One free- standing sign per street frontage not to exceed an area greater than one and one-half (1-1/2) square feet for each linear foot of property frontage, up to a maxi- mum of one hundred fifty (150) square feet per sign face and a maximum of three hundred (300) square feet including all sign faces; and •Optional Freestanding Sign: In lieu of one of the freestanding signs permitted above; one free- standing identification sign for listing the names of the occu- pants of the shopping center. The shopping center identifica- tion sign shall not exceed an area greater than one and one- half (1-1/2) square feet for each linear foot of property frontage, not to exceed two hundred fifty (250) square feet per sign face and a maximum of five hundred (500) square feet including all sign faces. e. Large Retail Uses: Property dedi- cated primarily to retail sales may install oversized signs as follows in lieu of sig- nage permitted under subsections E5a, Business Signs – General, and E5d, Shopping Centers, of this Section. (Ord. 4577, 1-22-1996) i. Developments Over One Hun- dred Twenty Five Thousand (125,000) Square Feet: A commer- cial development with a single build- ing of a minimum of one hundred twenty five thousand (125,000) square feet in floor area dedicated primarily to retail sales, provided all or part of the property is located within one thousand feet (1,000') of the right-of-way of Interstate High- way 405 or Highway 167, may install: •Freestanding Signs: One free- standing sign per street frontage not to exceed an area greater than one and one-half (1-1/2) square feet for each linear foot of property frontage, up to a maxi- mum of one hundred fifty (150) square feet per sign face and a maximum of three hundred (300) square feet including all sign faces; and •Optional Freestanding Sign: In lieu of one of the freestanding signs permitted above, for a 4-4-100E 4 - 49 (Revised 8/17) property frontage with a mini- mum of two hundred (200) linear feet, one freestanding sign not to exceed two hundred fifty (250) square feet per sign face and a maximum of five hundred (500) square feet including all sign faces, and not to exceed sixty feet (60') in height; and •Directional Sign: An additional directional sign may be permitted to locate within twenty feet (20') of a recorded access easement serving the subject property, pro- vided the sign does not obscure sight distance. This sign shall not exceed thirty two (32) square feet per sign face and a maxi- mum of sixty four (64) square feet including all sign faces. (Ord. 4577, 1-22-1996, Ord. 4649, 1-6-1997) ii. Big Box Retail Uses with over Three Hundred Fifty Thousand (350,000) Square Feet of Total Building Area Located in the Em- ployment Area: Big box retail uses with over three hundred fifty thou- sand (350,000) square feet in total building area located in the Employ- ment Area may install: •Large Freestanding Signs: One on-premises freestanding sign not to exceed one hundred fifteen feet (115') in height and seven hundred (700) square feet per face, and another such sign not to exceed forty feet (40') in height and four hundred (400) square feet per face; and •Roof Signs: One roof-mounted sign per building of up to four hundred (400) square feet not to exceed twenty feet (20') in height above the parapet wall and not to exceed two (2) such signs per re- tail center; and •Additional Freestanding Signs: Two (2) on-premises freestanding signs per street frontage, no more than eight feet (8') tall and no more than one hundred (100) square feet per side. (Ord. 4577, 1-22-1996; Amd. Ord. 4990, 12-9-2002; Ord. 5759, 6-22-2015) f. Motor Vehicle Dealership Over One Acre of Contiguous Ownership or Control Located Within the Automall Area(s): i. Wall and Under Marquee Signs: Each dealership is allowed its appropriate wall or under marquee sign as stated in the Sign Code; and (Ord. 3719, 4-11-1983, Amd. Ord. 4707, 2-9-1998) ii. Freestanding Signs: Each dealership is allowed: • One freestanding sign per street frontage not to exceed an area greater than one and one-half (1- 1/2) square feet for each lineal foot of property frontage that the business occupies up to a maxi- mum of two hundred (200) square feet per sign face, and a maximum of four hundred (400) square feet including all sign faces, and not to exceed fifty feet (50') in height; or • One freestanding sign per street frontage not to exceed an area greater than one and one-half (1- 1/2) square feet for each lineal foot of property frontage, up to a maximum of one hundred fifty (150) square feet per sign face and a maximum of three hundred (300) square feet including all sign faces, and not to exceed fifty feet (50') in height. In addi- tion, each dealership is allowed a maximum of two (2) accessory ground signs per street frontage, each for a separate business ac- tivity located on the property that can reasonably be related to the primary business. These signs shall not exceed a height of ten feet (10') and a total sign area of twenty five (25) square feet if sin- gle faced, or fifty (50) square feet 4-4-100E (Revised 8/17)4 - 50 including all sign faces. The ac- cessory signs must also maintain a minimum twenty foot (20') set- back and be no closer than one hundred fifty feet (150') to any other accessory ground sign. (Ord. 3719, 4-11-1983, Amd. Ord. 4707, 2-9-1998; Ord. 5066, 4-5-2004) • One electronic message board sign is permitted as a wall sign, under marquee sign, or free- standing sign as allowed by the provisions stated above. (Ord. 4724, 5-11-1998; Amd. Ord. 5066, 4-5-2004) g. Motor Vehicle Dealership Over One Acre of Contiguous Ownership or Control Located Outside the Automall Area: i. Wall Signs: Each motor vehicle dealership located outside the Auto- mall area is allowed its appropriate wall or under marquee sign as stated in the Sign Code; and ii. Freestanding Signs: Each mo- tor vehicle dealership located outside the Automall area is allowed: • One freestanding, roof, ground, or projecting sign per street front- age not to exceed an area greater than one and one-half (1-1/2) square feet for each lineal foot of property frontage, up to a maximum of one hundred fifty (150) square feet per sign face and a maximum of three hundred (300) square feet including all sign faces; or • One freestanding sign per street frontage not to exceed an area greater than one and one-half (1-1/2) square feet for each lineal foot of property frontage, up to a maximum of one hundred (100) square feet per sign face and a maximum of two hundred (200) square feet including all sign faces. In addition, each dealer- ship is allowed a maximum of two (2) accessory ground signs per street frontage, each for a separate business activity lo- cated on the property which can reasonably be related to the pri- mary business. These signs shall not exceed a height of ten feet (10') and a total sign area of twenty five (25) square feet if sin- gle faced or fifty (50) square feet including all sign faces. The ac- cessory signs must also maintain a minimum twenty foot (20') set- back and be no closer than one hundred fifty feet (150') to any other accessory ground sign. (Ord. 4707, 2-9-1998) h. Subdivision Identification Signs: Commercial and/or industrial subdivi- sions may have two (2) on-premises identifying signs not over seventy five (75) square feet on one face. These signs must be no higher than six feet (6'), or no closer to the street right-of-way than ten feet (10') or five feet (5') to any side property line. (Ord. 4172, 9-12-1988, Amd. Ord. 4720, 5-4-1998) i. Special Requirements for Speci- fied Uses in the Commercial Office (CO), Light Industrial (IL), Medium In- dustrial (IM), and Heavy Industrial (IH) Zones within One Hundred Feet (100') of a Lot Zoned Residential: i. Specified Uses – CO Zone • Assisted Living • Eating and Drinking Establish- ments • Retail Sales • Indoor Recreation • On-site Services • Convalescent Centers ii. Specified Uses – IL, IM, IH Zones •Mini-Mart 4-4-100G 4 - 50.1 (Revised 8/17) • On-site Services iii. Sign Allowances for Specified Uses in Subsections E5i(i) and E5i(ii) of this Section: •Freestanding Signs: One free- standing sign per street frontage. Freestanding signs shall be lim- ited to six feet (6') in height above grade and ten feet (10') from any public right-of-way. Each sign shall not exceed an area of one square foot for each lineal foot of property frontage, not to exceed one hundred (100) square feet per sign face and a maximum of two hundred (200) square feet in- cluding all sign faces. •Wall Signs: In addition to the freestanding sign(s), wall signs are permitted with a total copy area not exceeding ten percent (10%) of the building facade to which it is applied. (Ord. 4649, 1-6-1997; Amd. Ord. 4963, 5-13-2002; Ord. 5387, 6-9-2008; Ord. 5744, 1-12-2015) j. Self Storage Uses in the RMF Zone: Signage for permitted self-storage uses in the RMF Zone shall comply with subsection E5i of this Section except that freestanding signs shall be limited to two (2) signs or one per street frontage, whichever is greater. k. Large Institution Directional and Wayfinding Signs: Commercial and in- dustrial campuses on land equal to or greater than two hundred thousand (200,000) square feet of contiguous land area may display directional signs under the following conditions: i. Appearance of Signs: All on campus directional signs shall be vi- sually similar to other on campus signs. ii. Allowed Area, Height, and Number: Directional signs shall not exceed nine (9) square feet in sur- face area and shall not exceed five feet (5') in height. One wayfinding sign with a maximum surface area of thirty two (32) square feet may be used for every fifty thousand (50,000) square feet of contiguous land area. Wayfinding signs shall not exceed a height of six feet (6') above the established grade. iii. Visibility and Location: Sig- nage shall not be visible from the public right-of-way unless necessary for traffic and pedestrians entering the campus. Directional and wayfind- ing signs shall be located on the sub- ject property, outside of the public right-of-way, and drive aisles. (Ord. 4736, 8-24-1998; Amd. Ord. 4963, 5-13-2002; Ord. 5841, 6-12-2017) F. (Deleted by Ord. 5798, 4-25-2016) (Ord. 3858, 11-5-1984) G. SIGNS WITHIN URBAN DESIGN AREA – SPECIAL REQUIREMENTS: 1. Applicability: The regulations of this Section apply in addition to the regulations listed in subsection E5 of this Section, Addi- tional Signs Permitted in Commercial and In- dustrial Zones, within Urban Design Districts ‘C’ and ‘D’ as defined in RMC 4-3-100B1biii and iv, respectively, as they exist or may be amended. (Ord. 5675, 12-3-2012) 2. Purpose: To provide a means of identify- ing and advertising businesses, provide di- rectional assistance, encourage signs that are both clear and of appropriate scale for the project, encourage quality signage that con- tributes to the character of the Urban Center and the Center Village, and create color and interest. 3. (Repealed by Ord. 5675, 12-3-2012) 4. General Requirements: a. Integration: Signage shall be an in- tegral part of the design approach to the building. b. Coordination: In mixed use and multi-use buildings, signage shall be co- ordinated with the overall building design. 4-4-100G (Revised 8/17)4 - 50.2 c. Size: Corporate logos and signs shall be sized appropriately for their loca- tion. d. Size of Entry Signs: Entry signs shall be limited to the name of the larger development. e. Color, Lighting, and Materials: Al- teration of trademarks notwithstanding, corporate signage should not be garish in color nor overly lit, although creative de- sign, strong accent colors, and interest- ing surface materials and lighting techniques are encouraged. f. Preferred Lighting and Sign Type: Front-lit, ground-mounted monument signs are the preferred type of freestand- ing sign. g. Other Encouraged Signs: Blade type signs, proportional to the building fa- cade on which they are mounted, are en- couraged on pedestrian-oriented streets. 5. Additional Prohibited Signs: In addi- tion to the signs listed in subsection C of this Section, the following other sign types are also prohibited within the Urban Design Area: a. Pole signs; b. Roof signs; and c. Back-lit signs with letters or graphics on a plastic sheet (can signs or illumi- nated cabinet signs). Exceptions: Back-lit logo signs less than ten (10) square feet are permitted as area signs with only the individual letters back-lit (see illustration, subsection G8 of this Section). 6. Maximum Height of Freestanding Signs: Freestanding ground-related monu- ment signs, with the exception of primary en- try signs, shall be limited to five feet (5') above finished grade, including support structure. 7. Landscaping Required for Freestand- ing Signs: Freestanding signs shall include decorative landscaping (ground cover and/or shrubs) to provide seasonal interest in the area surrounding the sign. Alternately, sig- nage may incorporate stone, brick, or other decorative materials as approved by the Di- rector. 4-4-100H 4 - 51 (Revised 3/13) 8. Illustrations – Acceptable and Unac- ceptable: (Ord. 5578, 11-15-2010) H. SIGNS WITHIN CITY CENTER – SPECIAL REQUIREMENTS: 1. Purpose of Special Regulations: The purpose of the City Center sign regulations is to provide sign standards and regulations which recognize and strengthen the unique character of the City Center area businesses and streets, provide for appropriate signage which contributes to the economic vitality of the area and which complements its environ- ment, and to enhance the pedestrian orienta- tion of the district. 2. Applicability: The sign standards of this subsection shall apply to the property con- tained within the City Center sign regulation boundaries as shown in the following figure, generally described as including: land which is within the Urban Design Regulations Dis- trict ‘A.’ (Ord. 4720, 5-4-1998; Ord. 5357, 2-25-2008) 4-4-100H (Revised 3/13)4 - 52 3. Map of City Center Sign Regulation Area: (Ord. 4720, 5-4-1998; Ord. 5357, 2-25-2008; Ord. 5675, 12-3-2012) 4-4-100H 4 - 53 (Revised 5/08)4. Type and number of permanent signs allowed: a. Residential/Churches/Schools: Residential occupancies, churches, and schools in the City Center are subject to the requirements of sub-section E4 of this Section, Signs Permitted in All Residential, Commercial, and Industrial Zones.b. Nonresidential Uses: Nonresidential occupancies (excluding churches and schools) are subject to the following standards based upon sign category:SIGN CATEGORYTYPE AND NUMBER OF SIGNS ALLOWEDCATEGORY A Freestanding OR Ground OR WallSelect only one of the following sign types:NumberOne freestanding sign per street frontage for each single occupancy building located on a corner lot, multi-occupancy building, or multiple building complex. The maximum number of signs is 2.One ground sign per street frontage for each single occupancy building, multi-occupancy building, or multiple building complex. The maximum number of signs is 2.Each individual ground-level business may have one wall sign for each business facade fronting on a public street. In addition, in multiple building complexes or for multi-occupancy buildings each ground-level tenant with an exterior business facade may have one wall sign to identify individual tenant spaces.Mix of options for lots with multiple frontagesAn applicant for a business having more than one street frontage may substitute an allowed Category A sign type for another Category A sign type; however, the maximum number of signs shall not be exceeded. For example, on a corner lot, an applicant may request one ground sign facing one street frontage, and one freestanding sign facing the other street frontage. 4-4-100H (Revised 5/08)4 - 54SIGN CATEGORYTYPE AND NUMBER OF SIGNS ALLOWEDCATEGORY A Freestanding OR Ground OR WallMulti-occupancy buildings or multiple building complexes – greater than 50,000 square feet with frontage on Rainier Ave. S.Multi-occupancy buildings or multiple building complexes with 50,000 square feet of gross leasable floor area or greater, and with frontage on Rainier Avenue S., may choose to comply with either: (1) The above Category A regulations; or(2) Freestanding or ground signs and wall signs per the following standards:(i)Freestanding or Ground Signs: Have only one sign for each street frontage of any one of the following types: Free-standing, ground, or combination. Each freestanding or ground sign shall not exceed an area greater than 1.5 square feet for each lineal foot of property frontage which the business occupies up to a maximum of 300 square feet; or if such sign is multi-faced, the maximum allowance shall not be more than 300 square feet. However, a maximum of one-half of the allowed square footage is allowed on each face. Businesses with less than 25 lineal front feet may have a sign of a maximum of 20 square feet per face. In addition, one freestanding sign is allowed for each street frontage of the complex. Each sign shall not exceed an area greater than 1.5 square feet for each linear foot of property frontage, not to exceed 150 square feet per sign face and a maximum of 300 square feet including all sign faces. (ii)Wall Signs: In addition to the above freestanding or ground signs, wall signs are permitted with a total copy area not exceeding 20% of the building facade to which it is applied. Roof signs are prohibited per subsection C11 of this Section. Projecting signs are regulated per this subsection and subsection H5d of this Section.Buildings 40 feet or greater in heightBuildings 40 feet or greater in height may choose to comply with either: (1) The above Category A regulations; or(2) Freestanding or ground signs and wall signs per the following standards:(i)Freestanding or Ground Signs: Have only one sign for each street frontage of any one of the following types: Free-standing, ground, or combination. Each freestanding or ground sign shall not exceed an area greater than 1.5 square feet for each lineal foot of property frontage which the business occupies up to a maximum of 300 square feet; or if such sign is multi-faced, the maximum allowance shall not be more than 300 square feet. However, a maximum of one-half of the allowed square footage is allowed on each face.(ii)Wall Signs: In addition to the above freestanding or ground signs, wall signs are permitted with a total copy area not exceeding 20% of the building facade to which it is applied. Roof signs are prohibited per subsection C11 of this Section. Projecting signs are regulated per this subsection and subsection H5d of this Section. 4-4-100H 4 - 54.1 (Revised 5/08)(Ord. 4720, 5-4-1998; Amd. Ord. 4843, 5-22-2000; Ord. 5357, 2-25-2008)SIGN CATEGORYTYPE AND NUMBER OF SIGNS ALLOWEDCATEGORY BSelect only one of the following sign types allowed in addition to signs of Category A.Projecting Sign OR Awning Sign, or Canopy Sign, or Marquee Sign, or Traditional Marquee SignNumberEach individual ground-level business may have one sign for each business facade fronting on a public street. In addition, in multiple building complexes or for multi-occupancy buildings each ground-level tenant with an exterior business facade may have one sign to identify individual tenant spaces.Each individual ground-level business may have one sign for each business facade fronting on a public street.In addition, in multiple building complexes or for multi-occupancy buildings each ground-level tenant with an exterior business facade may have one sign to identify individual tenant spaces.A series of awnings or canopies upon a single business and located on a single street frontage are considered as one awning or canopy.SIGN CATEGORYTYPE AND NUMBER OF SIGNS ALLOWEDCATEGORY CAllowed in addition to signs of Categories A and B:Under Awning/ Under Canopy/ Under MarqueeAND Secondary Wall, Projecting, or Awning Sign, Having No Internal IlluminationAND If applicable, Multi-Occupancy Building Sign, or Multiple Building Complex Wall SignNumberOne per ground-level business per public entrance.One sign, having no internal illumination, per business facade which does not contain a Category A or B sign; maximum of 2 secondary signs.(1)Buildings Less Than 40 Feet in Height: One per building facade which does not contain any other Category A or B sign.(2)Buildings 40 Feet in Height or Greater: May be placed on a building facade, containing a Cat-egory A or B sign, if the sign is placed on the facade a minimum of 25 feet above grade, measured to the bottom of the sign. 4-4-100H (Revised 5/08)4 - 54.25.a.FREESTANDING SIGNSSIZE, HEIGHT AND LOCATIONS ALLOWED FOR PERMANENT SIGNS FOR NONRESIDENTIAL USES BASED UPON SIGN TYPE:(Amd. Ord. 4843, 5-22-2000; Ord. 5357, 2-25-2008)MAXIMUM SIGN AREAMAXIMUM HEIGHTLOCATION AND OTHER LIMITATIONSREQUIRED CLEARANCES(Refer also to RMC 4-4-100K16, K17 and K18)(1)General: Each sign shall not exceed an area greater than 1.5 square feet for each lineal foot of street frontage which the building or complex occupies up to a maximum of 25 square feet per face; the maximum cumulative square footage of all faces of a sign is 50 square feet. (2)Property with frontage on Rainier Avenue S.: In lieu of the sign area requirements of subsection (1) of this chart, each sign shall not exceed an area greater than 1.5 square feet for each lineal foot of street frontage which the building or complex occupies up to a maximum of 75 square feet per face; the maximum cumulative square footage of all faces of a sign is 150 square feet; provided, that the sign is located in accordance with subsection (6) of this chart.(3)Multi-occupancy buildings or multiple building complexes with greater than 50,000 square feet gross leasable floor area, having frontage on Rainier Avenue S.: Such uses may comply with the standards of subsections (1) or (2) of this chart, or with subsection H4b of this Section, Type and Number of Permanent Signs Allowed. Freestanding sign area may be transferred from within the City Center sign regulation boundaries to contiguously owned property outside of the City Center sign regulation bound-aries. Only sign area may be transferred, not the number of allowed signs. Where transferred, the maximum size of the free-standing sign shall not exceed the limits of subsection H4b of this Section, Type and Number of Permanent Signs Allowed.(4) 20 feet, mea-sured to the top of the sign or sign structure, which-ever is higher.(5) Setbacks shall be consis-tent with the Zoning Code.(6)Property with street frontage on Rainier Ave-nue S.: The sign shall be located along Rainier Avenue S. and set back a minimum distance of 100 lineal feet from the right-of-way of S. Third Street. This setback shall not apply to multi-occupancy buildings or multiple build-ing complexes with 50,000 square feet gross leasable floor area or greater, having frontage on Rainier Avenue S.(7) Minimum 15 foot clearance above traffic aisles and driveways. 4-4-100H 4 - 57 (Revised 6/09)5.e.AWNING SIGN, CANOPY SIGN, MARQUEE SIGNSIZE, HEIGHT AND LOCATIONS ALLOWED FOR PERMANENT SIGNS FOR NONRESIDENTIAL USES BASED UPON SIGN TYPE:(Ord. 5450, 3-2-2009)MAXIMUM SIGN AREAMAXIMUM HEIGHTLOCATION AND OTHER LIMITATIONSREQUIRED CLEARANCES(Refer also to RMC 4-4-100K16, K17, K18 and N3b)(1)Awning, canopy, or marquee sign: A maxi-mum of 50 square feet of copy may appear on the vertical face area.(2)Traditional marquee sign: The maximum copy area is 150 square feet per face; the cumulative square footage of all faces of a sign is 300 square feet total.None. (3) Sign copy shall only be located on the vertical faces of the awning, canopy, or marquee.(4)Maximum height/thickness of awning/can-opy with a sign: 10 feet.(5)Maximum height/thickness of marquee: in accordance with the adopted edition of the International Building Code.(6) Building canopy poles shall not be placed in a manner which interferes with pedestrian or wheelchair travel upon a sidewalk.(7) Awnings, building canopies, and marquees and the attached or associated signs may extend over the right-of-way according to the terms of the adopted International Building Code.(8) The sign shall be mounted above the busi-ness facade to which it is associated.(9) Sign structures shall be located a minimum of 8 feet above the surface of the sidewalk. Where under awning, under can-opy, or under marquee signs are anticipated, the clearance should be increased to accommo-date them as necessary. 4-4-100H (Revised 6/09)4 - 585.f.UNDER AWNING SIGN, CANOPY SIGN, MARQUEE SIGNSIZE, HEIGHT AND LOCATIONS ALLOWED FOR PERMANENT SIGNS FOR NONRESIDENTIAL USES BASED UPON SIGN TYPE:MAXIMUM SIGN AREAMAXIMUM HEIGHTLOCATION AND OTHER LIMITATIONSREQUIRED CLEARANCES(Refer also to RMC 4-4-100K16, K17, K18 and N3b)(1) 6 square feet. None (2) The sign shall not extend beyond the awning, canopy, or marquee to which it is attached. (3) The sign shall not be more than 12 inches thick.(4) Minimum 8 feet above the surface of the sidewalk. 4-4-100H 4 - 59 (Revised 5/08)5.g.SECONDARY SIGNSIZE, HEIGHT AND LOCATIONS ALLOWED FOR PERMANENT SIGNS FOR NONRESIDENTIAL USES BASED UPON SIGN TYPE:(Ord. 5357, 2-25-2008)MAXIMUM SIGN AREAMAXIMUM HEIGHTLOCATION AND OTHER LIMITATIONSREQUIRED CLEARANCES(Refer also to RMC 4-4-100K16, K17 and K18)(1)Secondary wall or awning signs: Each sign shall not exceed an area greater than one square foot for each lineal foot of business facade, up to maximum of 25 square feet.(2)Secondary projecting signs: Maxi-mum of 6 square feet.(3) Secondary wall or pro-jecting signs shall not be located more than 25 feet above the grade, measured to the top of the sign or sign structure, whichever is higher.(4) Secondary signs shall not be located on a business facade containing a Category A or B sign, or another secondary sign.(5) Secondary signs shall not be internally illu-minated. Such signs may be unlit, externally illuminated or have tube illumination.(6)Maximum height or thickness of awning with a sign: 10 feet.(7)Awning signs: Sign copy shall be located on the vertical faces of the awning.(8) When projecting over a public right-of-way, a minimum of 8 feet clear-ance above the surface of the entryway is required. 4-4-100H (Revised 5/08)4 - 605.h.MULTI-OCCUPANCY OR MULTIPLE BUILDING COMPLEX SIGNSIZE, HEIGHT AND LOCATIONS ALLOWED FOR PERMANENT SIGNS FOR NONRESIDENTIAL USES BASED UPON SIGN TYPE:(Ord. 4720, 5-4-1998; Amd. Ord. 4843, 5-22-2000; Ord. 5357, 2-25-2008)MAXIMUM SIGN AREAMAXIMUM HEIGHTLOCATION AND OTHER LIMITATIONSREQUIRED CLEARANCES(Refer also to RMC 4-4-100K16, K17 and K18)(1)Buildings less than 40 feet in height: The maximum square footage limitation is 100 square feet.(2)Buildings 40 feet in height or greater: The maximum square footage limitation is 100 square feet unless the choice is made to comply with subsection H4b of this Section, Type and Number of Signs Allowed for Nonresidential Uses.(3)Buildings less than 40 feet in height: The wall sign shall be placed on the facade not more than 25 feet above the grade, measured to the top of the sign.(4)Buildings 40 feet in height or greater: The wall sign may be placed anywhere on the facade.(5)Buildings less than 40 feet in height: The sign shall be located on a business facade which does not contain any other Category A or B sign.(6)Buildings 40 feet in height or greater: There are no restrictions on facade place-ment.(7) The sign shall only contain the business name and/or logo of each development.(8) When projecting over a public right-of-way, a minimum of 8 feet clear-ance above the grade is required. 4-4-100H 4 - 61 (Revised 3/13) H.6. Letter Size Limitations for Permanent Signs for Nonresidential Uses Based Upon Distance from Right-of-Way: a. Maximum Letter Height: The maximum letter height of signs shall be as follows: b.Exemption from Letter Size Lim- its: The following properties are exempt from the maximum letter height require- ments of subsection H6a of this Section: i. Multi-occupancy buildings or mul- tiple building complexes with fifty thousand (50,000) square feet gross leasable floor area or greater, having frontage on Rainier Avenue S.; or ii. Properties with frontage on Rain- ier Avenue S.; or iii. Buildings exceeding forty feet (40') in height. (Amd. Ord. 4843, 5-22-2000; Ord. 5357, 2-25-2008) 7. Special Allowance for City Center Signs to Project into Right-of-Way: See subsection L2c(ii) of this Section. 8. Temporary/Special Permit Signs: In addition to the permanent signs described in subsection H6b of this Section, temporary signs per subsection J of this Section, Tem- porary Signs, are also allowed. 9. Modifications of City Center Sign Reg- ulations: a.Authority and Purpose: The Com- munity and Economic Development Ad- ministrator may grant a modification from the sign standards for individual signs which do not meet the specific provisions of the City Center sign standards when the proposed sign is intended to accom- plish one of the following purposes: i. Respond to the needs of the pub- lic in locating a business establish- ment; or ii. Assist business in contributing to the economic well-being of the com- munity; or iii. Install a sign that is considered to be historic or of historic value by the advertising industry or a recog- nized historic preservation organiza- tion, provided that such entity was not involved in the use, design or pro- duction of the proposed sign; or iv. Result in a reduction of signs on a site; or v. Result in a reduction in the num- ber of freestanding or ground signs otherwise allowed; or vi. Result in a coordinated sign plan for a multi-tenant building or multiple building complex. b. Review Criteria: If the Community and Economic Development Administra- tor determines that the intent of the pro- posed sign accomplishes one of the above purposes, the Community and Economic Development Administrator may grant a modification request pro- vided the proposed sign also meets all of the following criteria: i. The modification will not create a significant adverse impact to other property or improvements in the im- DISTANCE OF SIGN FROM RIGHT-OF-WAY FREESTANDING, GROUND, WALL, PROJECTING, TRADITIONAL MARQUEE SIGN AWNING SIGN/ CANOPY SIGN/ MARQUEE SIGN MULTI-OCCUPANCY OR MULTIPLE BUILDING COMPLEX SIGN Within 50 feet: 24 inches 12 inches 6 inches (applies to letters and logo) Between 50 feet and 100 feet: 36 inches 12 inches 6 inches (applies to letters and logo) More than 100 feet: 48 inches 12 inches 6 inches (applies to letters and logo) 4-4-100I (Revised 3/13)4 - 62 mediate vicinity of the subject prop- erty; and ii. The modification will not increase the number of signs allowed by this Chapter; and iii. The modification will not in- crease the allowed height or area of any wall, projecting, awning/canopy/ marquee/traditional marquee, or sec- ondary sign by more than twenty five percent (25%); and iv. The modification will not in- crease the allowed height or area of any freestanding or ground sign; and v. The modification does not create a public safety hazard. (Amd. Ord. 5071, 4-26-2004) c.Variance May Be Required: Pro- posals which do not meet the purposes or criteria of subsections H9a and H9b of this Section may be reviewed as variance applications as provided in subsection S of this Section. (Ord. 4720, 5-4-1998) d. Fees: Fees shall be as stipulated in the adopted Fee Schedule. (Ord. 5676, 12-3-2012) I. SIGNS ON PUBLIC RIGHT-OF-WAY: 1. City Sponsored Signs Authorized: City sponsored signs, displays, and public service signs per subsections B6b, B6c and B6o of this Section may be located on or over public rights-of-way with approval of the sign place- ment by the City of Renton Transportation Systems Division. If the Transportation Divi- sion determines that a sign request does not comply with this subsection, the requesting organization shall have the right to appeal that decision to the Hearing Examiner as a final administrative determination pursuant to RMC 4-8-110. (Ord. 4639, 8-19-1996; Amd. Ord. 4848, 6-26-2000) 2. Directional Signs for Public Buildings Authorized: Such signs are limited to one of the following sites approved by the Building Official. Public service directional signs for public buildings such as public schools, li- braries, hospitals and other similar public ser- vice facilities may be placed entirely on the public right-of-way. a. Standards and Size Limits for Di- rectional Signs: Sign must be of size, height, color, design and mounting and so located as to comply in all respects with the City street sign standards. Sign shall not be over twelve (12) square feet in total background area for any one face, no portion of the sign closer than four feet (4') to any curb line or improved roadway surface and not illuminated. (Ord. 2877, 9-9-1974) 3. Public Service Directional Signs for Nonpublic Buildings Such as Churches and Charitable Organizations Authorized: Public service directional signs for nonpublic buildings such as churches and charitable or- ganizations may be placed entirely on the public right-of-way. a. Review Authority and Time: The organization seeking the sign must sub- mit a letter to the Transportation Systems Division requesting directional signs, in- cluding the requested locations and wording for the sign. The Transportation Systems Division shall respond to the let- ter by calling or mailing a postcard within one working day of receipt of the request. An engineering study will be performed by the City within thirty (30) days of the request. If the requested locations do not conform to this subsection, the response will suggest suitable alternative locations, if any. b. Appeal Process: If the Transporta- tion Systems Division determines that the sign request does not comply with this subsection, the requesting organization shall have the right to appeal that deci- sion to the Hearing Examiner as a final administrative determination. c. Installation Time: If the sign is ap- proved, it will be installed within forty five (45) calendar days after approval of the request. (Ord. 4615, 6-17-1996) 4. Residential Open House Signs: Sub- ject to the requirements of subsection J3 of this Section. 4-4-100J 4 - 63 (Revised 11/09) J. TEMPORARY AND PORTABLE SIGNS: (Amd. Ord. 4832, 3-6-2000) 1. General Requirements for Temporary Signs: a. Display of Permit Number: All tem- porary signs shall have the sign permit number placed in the upper left-hand cor- ner by the permittee. b. Support and Perforation Require- ments for Cloth Signs: Every temporary cloth sign shall be supported and at- tached with wire rope of three-eighths inch (3/8") minimum diameter, or other material of equivalent breaking strength. No strings, fiber ropes or wood slats shall be permitted for support or anchorage purposes. Cloth signs and panels shall be perforated over at least ten percent (10%) of their area to reduce wind resis- tance. Exception: Temporary cloth signs over private property not exceeding sixty (60) square feet shall be supported and at- tached with wire rope which will meet the requirements of subsection K of this Sec- tion. c. Projection of Temporary Cloth Signs Over Public Property/Right-of- way: i. Projection Permitted: Cloth signs may extend over public prop- erty. Cloth signs may extend across a public right-of-way only by permis- sion of the Mayor’s office or his/her designated representative, and shall be subject to all related laws and or- dinances. ii. Clearance: Such signs, when extended over a public street, shall maintain a minimum vertical clear- ance of twenty feet (20'). Temporary signs, other than cloth, when eight feet (8") or more above the ground, may project not more than six inches (6") over public property or beyond the legal setback line. (Ord. 3719, 4-11-1983; Amd. Ord. 4422, 10-25-1993) iii. Time Limits: Cloth signs may be extended over a public right-of- way in accordance with the provi- sions of this Code for a period to be established by the Mayor or his des- ignated representative but not to ex- ceed thirty (30) days. (Ord. 3273, 12-11-1978) 2. Real Estate Signs: a. Prohibited Real Estate Signs: i. See RMC 4-4-100C16. ii. No balloons or other attention- attracting devices may be attached to real estate signs. b. Off-Premises Real Estate Signs: i. Open House Signs. (a) Permit Requirements: No permit required. (b) Maximum Display Period: In no case shall an open house sign be displayed prior to dawn or after dusk. A seller or their rep- resentative shall be present at the property for sale, rent or lease, while the open house sign is being displayed. (c) Allowed Use: For directing potential customers to the site of real estate that is for sale, rent, or lease. (d) Allowable Sign Type: A nonilluminated portable sign comprised of hinged panels con- figured in the shape of the alpha- betic letter “A.” The sign text must include the words “open,” “for sale,” “for rent,” or “for lease.” (e) Maximum Size: Thirty two inches wide by thirty six inches (32" x 36") high per each face of the sign. (f) Sign Location: Signs may be placed no closer than four 4-4-100J (Revised 11/09)4 - 64 feet (4') to the edge of a public roadway; provided, that they do not obstruct the vision or path- way of vehicular or pedestrian traffic and that they are not lo- cated on trees, foliage, utility poles, regulatory signs, direc- tional signs, or informational signs. (g) Maximum Number: Six (6) off-premises signs per property for sale, rent or lease. (h) Maximum Height: Shall not exceed ten (10) feet from fin- ished grade. ii. Real Estate Directional Signs (Outside of the City Center Sign Regulation Boundary as depicted in RMC 4-4-100H3): (a) Permit Requirements: Permit required. (b) Maximum Display Period: Maximum of twelve (12) months. (c) Allowed Use: The free- standing real estate sign shall only be allowed during the origi- nal rental, lease up or sale of a development located within the corporate limits of the City of Renton containing ten (10) or more dwelling units, until one hundred percent (100%) of the dwelling units have been rented, leased or sold once; and thereaf- ter, only if seventy five percent (75%) or less of the total number of dwelling units in the develop- ment are rented, leased or sold. The Development Services Divi- sion may also approve these signs for use by multi-family complexes that have completed major renovation in excess of fifty percent (50%) of appraised structure value of at least ten (10) rental units located within the corporate limits of Renton. (d) Allowable Sign Type: Any nonilluminated type of freestand- ing sign. (e) Maximum Size: Twelve (12) square feet on one face. (f) Sign Location: Must be within two (2) miles (driving dis- tance on a public roadway) of the premises it advertises. Signs may be placed no closer than four feet (4') to the edge of a pub- lic roadway; provided, that they do not obstruct the vision or pathway of vehicular or pedes- trian traffic. If the installation of the sign causes damages to util- ities and/or landscaping, the per- mit holder shall be responsible for all repairs and/or restoration within thirty (30) days of notifica- tion by the City. (g) Maximum Number Per In- tersection: A maximum of two (2) real estate directional signs shall be allowed at any one inter- section and only one sign per de- velopment shall be allowed at each intersection except that no real estate directional signs shall be placed at intersections where an approved real estate sign kiosk is situated. (Ord. 5496, 10-5-2009) (h) Minimum Spacing Be- tween Intersections: Real es- tate directional signs shall be placed no closer than five hun- dred (500') feet to any other real estate directional sign and no closer than one hundred feet (100') to an intersection. (i) Maximum Height: Shall not exceed ten feet (10') from fin- ished grade. iii. Real Estate Directional Signs (Within the City Center Sign Regu- lation Boundary as depicted in RMC 4-4-100H3): 4-4-100J 4 - 65 (Revised 3/13) (a) Permit Requirements: Permit required. (b) Maximum Display Period: Maximum of twelve (12) months. (c) Allowed Use: The free- standing real estate sign shall only be allowed during the origi- nal rental, lease up or sale of a development located within the corporate limits of the City of Renton containing ten (10) or more dwelling units until one hundred percent (100%) of the dwelling units have been rented, leased or sold once; and thereaf- ter, only if seventy five percent (75%) or less of the total number of dwelling units in the develop- ment are rented, leased or sold. The Development Services Divi- sion may also approve these signs for use by multi-family de- velopments that have completed major renovation in excess of fifty percent (50%) of appraised structure value of at least ten (10) rental units located within the corporate limits of Renton. (d) Allowable Sign Type: Any nonilluminated freestanding sign and A-frame signs. (e) Maximum Size: Thirty two inches wide by thirty six inches (32" by 36") tall per face. (f) Sign Location: Must be within two (2) miles (driving dis- tance on a public roadway) of the premises it advertises. Signs may be placed no closer than four (4) feet to the edge of a pub- lic roadway; provided, that they do not obstruct the vision or pathway of vehicular or pedes- trian traffic. If the installation of the sign causes damages to util- ities and/or landscaping, the per- mit holder shall be responsible for all repairs and/or restoration within thirty (30) days of notifica- tion by the City. (g) Maximum Number Per In- tersection: A maximum of two (2) real estate directional signs shall be allowed at any one inter- section and only one sign per de- velopment shall be allowed at each intersection. (h) Minimum Spacing Be- tween Intersections: Real es- tate directional signs shall be placed no closer than one hun- dred feet (100') to any other real estate directional sign and fifty feet (50') from an intersection. (i) Maximum Height: Shall not exceed ten feet (10') from fin- ished grade. iv. Real Estate Sign Kiosks. (a) Permit Requirements: Sign and Excess Right-of-Way Use Permits are required for in- stallation of each kiosk. Individ- ual real estate sign kiosk directional panels and panel changes do not require a permit. Fees for each kiosk shall be one hundred dollars ($100.00). (b) Maximum Display Period: Permits for real estate sign kiosks shall be issued for a lim- ited period of time in twelve (12) month increments. This period commences on November 8, 2009, and will sunset on Novem- ber 8, 2012, unless extended by City Council action. Permits shall not be issued beyond November 8, 2012, unless the maximum display period is extended by City Council action. (c) Allowed Use: Real estate sign kiosk directional panels on a City-approved kiosk structure may be authorized for the pur- pose of providing directional in- formation to residential developments with units for sale, lease, or exchange (including as- sisted living developments) lo- cated only within the corporate limits of the City of Renton. 4-4-100J (Revised 3/13)4 - 66 (d) Allowable Sign Type: Kiosks shall be of a uniform style throughout the City, shall be free- standing and nonilluminated, and shall contain a maximum of ten (10) real estate sign kiosk di- rectional panels. Individual real estate sign kiosk sign directional panels shall contain only the name of the subdivision or resi- dential development, or devel- oper, or development logo, and a logo(s) regarding an award, spe- cial certification, and a direc- tional arrow. Two (2) of these real estate sign kiosk directional pan- els may identify community/pub- lic facilities (City Hall, library, parks, districts, historic sites, etc.), at the discretion of the City. One additional panel at the top of the real estate sign kiosk shall identify the City of Renton. (e) Permitted Size: Real es- tate sign kiosk directional panels shall be five (5) square feet in to- tal area and shall measure a maximum five feet (5') horizontal length by one foot (1') vertical height. (f) Permitted Locations: Sign panels shall be located on desig- nated kiosk structures within the public right-of-way. If available kiosk structures will not permit adequate directional information, kiosk structures may be ap- proved on private property with the permission of the property owner granted through an ease- ment. A kiosk location plan shall be prepared showing the site of each kiosk and shall be submit- ted to the Community and Eco- nomic Development Administra- tor for review and decision with the sign permit applications. (Ord. 5676, 12-3-2012) (g) Maximum Number Per In- tersection: A maximum of two (2) real estate sign kiosks shall be allowed at any one intersec- tion and only one sign panel per development shall be allowed on each sign face. (h) Maximum Height: The kiosk sign structure shall not ex- ceed ten feet (10') from finished grade to the top of the title panel which identifies the City of Renton. (i) Design Standards: Colors, fonts, etc., shall conform to de- sign standards approved by the Community and Economic De- velopment Administrator. (Ord. 5496, 10-5-2009; Ord. 5676, 12-3-2012) c. On-Premises Real Estate Signs: i. Freestanding Real Estate Sign: (a) Permit Requirements: No permit required. (b) Maximum Display Period: The maximum display period is for the period of time the property is for sale, rent or lease. For multi-family complexes of five (5) or more dwelling units and on a lot greater than thirty five thousand (35,000) square feet, a thirty two (32) square foot or six (6) square foot freestand- ing real estate sign shall be al- lowed during the original rental, lease up or sale of the develop- ment until one hundred percent (100%) of the dwelling units have been rented, leased or sold once; and thereafter, only if sev- enty five percent (75%) or less of the total number of dwelling units in the development are rented, leased or sold. A six (6) square foot sign is permitted at all times regardless of vacancy status, number of units, or lot size, un- less a thirty two (32) square foot sign is being utilized. (c) Allowed Use: For real es- tate that is for sale, rent or lease. 4-4-100J 4 - 66a (Revised 11/09) (d) Allowable Sign Type: A nonilluminated freestanding sign indicating that the property, which the sign is located on is for sale, rent or lease. (e) Maximum Size: 1. For lots thirty five thousand (35,000) square feet or less in area: six (6) square feet in area per face; or 2. For lots greater than thirty five thousand (35,000) square feet in area: thirty two (32) square feet in area per face. However, a six (6) square foot sign cannot be used concurrently with a thirty two (32) square foot sign. (f) Sign Location: These signs must be located on the premises that is for sale, rent or lease. These signs may be placed no closer than four feet (4') to the edge of a public roadway; pro- vided, that they do not obstruct the vision or pathway of vehicu- lar or pedestrian traffic. (g) Maximum Number: One sign per street frontage. (h) Maximum Height: Shall not exceed ten feet (10') from fin- ished grade. ii. Commercial Real Estate Ban- ner Signs: (a) Permit Requirements: Permit required. (b) Maximum Display Period: Maximum of twelve (12) months. (c) Allowed Use: For sale, rent, or lease of commercial property. Real estate banners shall not be utilized by residential development. (d) Allowable Sign Type: A sign of any shape made of light- weight fabric or similar material. The sign must indicate “For Sale, Rent, or Lease.” (e) Maximum Size: Fifty (50) square feet. (f) Sign Location: Only per- missible when mounted to a building that is for sale, rent, or lease. (g) Maximum Number: One per street frontage. (Ord. 3719, 4-11-1983; Amd. Ord. 4422, 10-25-1993; Ord. 5062, 1-26-2004) 3. Garage Sale Signs: a. Permit Requirements: No per- mit required. b. Maximum Display Period: Maximum of twenty four (24) hours prior to the start of the sale and a maximum of twenty four (24) hours after the sale is completed. c. Allowed Uses: For directing po- tential customers to the garage sale site. d. Allowable Sign Type: A nonillu- minated freestanding sign or an A- frame sign. e. Maximum Size: Thirty two inches wide by thirty six inches tall (32" x 36"). f. Sign Location: Signs may be placed no closer than four feet (4') to the edge of a public roadway; pro- vided, that they do not obstruct the vi- sion or pathway of vehicular or pedestrian traffic. The signs shall not be attached to utility poles, traffic controlling devices or any other pub- lic structure. g. Maximum Height: Shall not ex- ceed ten feet (10') from finished grade. (Ord. 3719, 4-11-1983; Ord. 5062, 1-26-2004) 4-4-100J (Revised 11/09)4 - 66b 4. Political Signs: a. Permitted Location: In addition to being permitted on the public right-of- 4-4-100J 4 - 66.1 (Revised 8/11) way, political signs may be displayed on private property with the consent of the property owner or the lawful occupant thereof and on public right-of-way as long as such display does not interfere with pedestrian or public safety. b. Maximum Size: Political signs shall not be greater than thirty two (32) square feet if single faced or sixty four (64) square feet if multi-faced. c. Removal Required: Each political sign shall be removed within fourteen (14) days following an election, by the candidate, candidate’s representative or proposition sponsor except that the suc- cessful candidates of a primary election may keep their signs on display until four- teen (14) days after the general election, at which time they shall be promptly re- moved. After fourteen (14) days the City may pick up and dispose of remaining signs. Violation or failure to comply with the provisions of this section shall subject the offender to RMC 1-3-2, Code En- forcement and Penalties. (Ord. 3719, 4-11-1983; Amd. Ord. 4422, 10-25-1993; Ord. 4848, 6-26-2000; Ord. 5604, 6-6-2011) 5. A-Frame Signs: A-frame signs comply- ing with all the following standards may be permitted: a. Number: i. Within City Center Sign Regu- lation Area: Only one of these signs is permitted per business per street frontage. ii. Elsewhere in the City: One of these signs is permitted per business per street frontage and, in addition, an additional sign is permitted to be located abutting the business and building to which the sign relates. b. Location Requirements: i. Permitted Location: (1) Within City Center Sign Regulation Area: A-frame signs must be placed against the build- ing and business to which the sign relates. (2) Elsewhere in the City: A- frame signs may be located on the public sidewalk abutting the business site and/or within the landscaping area on or abutting the business site, however, A- frame signs cannot be placed in the landscape strip between the curb and outer edge of the public sidewalk. Additionally, for busi- nesses located within shopping centers, an additional A-frame sign may be placed against the building and business to which the sign relates. ii. Pedestrian Clearance: A mini- mum of four feet (4') of unobstructed sidewalk area between the outer edge of the sign and the street curb is required. iii. Clear Vision Area: No sign shall be located as to pose a danger and violate the clear vision area spec- ified in subsection C6 of this Section, Prohibited Signs. Where a traffic vi- sion hazard is created, the City may require a modification to the height or location of a sign to the degree nec- essary to eliminate the hazard. c. Size: Signs shall be no larger than thirty two inches (32") wide and thirty six inches (36") tall. d. Construction Specifications and Materials: The sign must be profession- ally manufactured of durable material(s). No lighting or attachments, such as bal- loons are permitted. e. Maintenance and Appearance: Signs must be maintained in accordance with the provisions of subsection D3 of this section, Sign Maintenance Required, and subsection D4 of this Section, Ap- pearance of Signs. f. Alteration of Landscaping Prohib- ited: No landscaping may be damaged or modified to accommodate an A-frame sign. The City may require replacement 4-4-100J (Revised 8/11)4 - 66.2 of any damaged landscaping pursuant to RMC 4-4-070I, Damaged Landscaping. g. Removal upon Close of Business Required: A-frame signs shall not be dis- played during nonbusiness hours. h. Display of Permit and Code Re- quirements: Any business displaying an A-frame sign shall have a copy of the sign permit for the sign posted along with its City business license. Additionally the business shall post the City’s regulations governing A-frame signs so that employ- ees are made aware of the standards. i. Display of Permit Number: All A- frame signs shall have the sign permit num- ber a minimum of one half inch in height placed on the exterior sign face in the upper left-hand corner by the permittee. j. Proof of Insurance and Hold Harm- less Agreement for Signs on Public Right-of-Way: In order to obtain a sign permit, applicants must provide the De- velopment Services Division with proof of general commercial liability insurance (certificate of liability insurance) meeting the requirements of subsection L4 of this Section. The sign permit application must also include a signed hold harmless agreement that specifies that the owner of the sign will defend, indemnify, and hold the City harmless for any loss, inju- ries, damage, claims or lawsuit, including attorney’s fees that arise from the sign. k. Confiscation of Signs: Signs that do not comply with the provisions of this section may be confiscated by the City pursuant to subsection T of this Section, Compliance and Confiscation of Signs. (Ord. 4832, 3-6-2000) l. Permit Required: A permit is required for each A-frame sign, and remains valid indefinitely for the business using the sign. (Ord. 4908, 6-11-2001; Amd. Ord. 5511, 11-23-2009, eff. 12-23-2009) 6. Event Signs: a. Applicability: Commercial, indus- trial, residential, public, and quasi-public uses and mixed-use developments (com- mercial combined with multi-family resi- dential) may display event signage in compliance with the following regula- tions. These regulations apply to use of signs for grand opening events or for pe- riodic special events. This subsection does not apply to those signs and dis- plays exempt per RMC 4-4-100B6, Ex- emptions from Permit Requirements. (Ord. 5062, 1-26-2004) b. Types of Event Signage Allowed: Any combination of the following types of signage are permitted: balloons, pole/ wall strung and wall-hung banners not exceeding one hundred (100) square feet each in size, pole-hung banners not ex- ceeding twenty (20) square feet each in size, flags, inflatable statuary, pennants/ streamers, searchlights, wind animated objects, and other similar advertising de- vices approved by the Development Ser- vices Division. Rigid portable signs are also allowed provided the sign is a maxi- mum of thirty two (32) square feet in area on one face per sign not exceeding six feet (6') in height. Rigid portable signs are limited to one per street frontage outside the Automall. c. Permit Required: Event signs may be displayed on private property only by “event sign permit.” d. Time Limitations and Applicability – Grand Openings and Event Signage: i. Grand Opening Event Signage: A grand opening temporary event sign permit may be issued for a period of up to thirty (30) days only for a new business opening or to an existing business relocating to an entirely new location. One permit may authorize display of all of the above display items. ii. Event Signage – General: Up to four (4) special event permits may be issued to each business or orga- nization per calendar year. Each per- mit may be valid for thirty (30) days. One permit may authorize display of all signage types identified in sub- section J6b of this Section, Types of Event Signage Allowed. A fifteen (15) 4-4-100K 4 - 67 (Revised 4/12) day separation period is required be- tween the end of one event permit period and the start of another permit period. iii. Event Signage for Vehicle and Vessel Sales in the Automall Over- lay Districts: In addition to the event signage allowed per subsection J6d(ii) of this Section, each dealer- ship shall be issued two (2) additional event permits per the requirements of subsection J6d(ii) of this Section. e. Placement Limitations for Event Signs: i. Roof: No sign or advertising de- vice, allowed per this subsection J6 shall be placed on top of a roof or ex- tend vertically above the fascia of the building. ii. Perimeter Street Landscaping: Event signage shall not be located within required perimeter street land- scaping. (Ord. 2877, 9-9-1974; Amd. Ord. 4832, 3-6-2000; Ord. 4848, 6-26-2000) 7. Accessory Home Agriculture and Ag- riculture Sales Signs: a. Permit Requirements: There is no permit required provided the require- ments of this Section are met. b. Number and Type of Allowable Sign: One non-illuminated freestanding sign or one A-frame sign is allowed. c. Maximum Size: The maximum size sign allowed is thirty-two inches (32") wide by thirty-six inches (36") tall. d. Display Period: The sign may be displayed between 9:00 a.m. and 7:00 p.m. e. Sign Location: Signs shall be lo- cated on the subject property. Signs may not be placed closer than four feet (4') to the edge of a public roadway and shall not be attached to utility poles, traffic con- trolling devices or any other public struc- ture. (Ord. 3719, 4-11-1983; Amd. Ord. 4422, 10-25-1993; Ord. 4832, 3-6-2000; Ord. 5640, 12-12-2011) K. DESIGN AND CONSTRUCTION REQUIREMENTS FOR PERMANENT SIGNS – GENERAL: 1. General Design: Signs and sign struc- tures shall be designed and constructed to re- sist wind and seismic forces as specified in this Section. All bracing systems shall be de- signed and constructed to transfer lateral forces to the foundations. For signs on build- ings, the dead and lateral loads shall be transmitted through the structural frame of the building to the ground in such manner as not to overstress any of the elements thereof. The overturning moment produced from lat- eral forces shall in no case exceed two-thirds (2/3) of the dead-load resisting moment. Up- lift due to overturning shall be adequately re- sisted by proper anchorage to the ground or to the structural frame of the building. The weight of earth superimposed over footings may be used in determining the dead-load re- sisting moment. Such earth shall be thor- oughly compacted. 2. Wind Loads: Signs and sign structures shall be designed to resist wind forces as specified in the adopted edition of the Interna- tional Building Code. (Ord. 5450, 3-2-2009) 3. Seismic Loads: Signs and sign struc- tures shall be designed and constructed to re- sist seismic forces as specified in the adopted edition of the International Building Code. (Ord. 5450, 3-2-2009) 4. Combined Loads: Wind and seismic loads need not be combined in design of signs or sign structures; only that loading pro- ducing the larger stresses may be used. Ver- tical design loads, except roof live loads, shall be assumed to be acting simultaneously with the wind or seismic loads. 5. Allowable Stresses: The design of wood, concrete or steel members shall con- form to the requirements of the adopted edi- tion of the International Building Code. Loads, both vertical and horizontal, exerted on the soil shall not produce stresses exceed- ing those specified in the adopted edition of 4-4-100K (Revised 4/12)4 - 68 the International Building Code. The working stresses of wire rope and its fastenings shall not exceed twenty five percent (25%) of the ultimate strength of the rope or fasteners. Working stresses for wind or seismic loads combined with dead-loads may be increased as specified in the adopted edition of the In- ternational Building Code. (Ord. 5450, 3-2-2009) 6. Location and General Standards for Structural Supports: The supports for all signs or sign structures shall be placed in or upon private property and shall be securely built, constructed and erected in conform- ance with the requirements of this Code. 7. Materials: Materials for construction of signs and sign structures shall be of the qual- ity and grade as specified for buildings in the adopted edition of the International Building Code. In all signs and sign structures the ma- terials and details of construction shall, in the absence of specified requirements, conform with the following: a. Structural steel shall be of such quality as to conform with IBC Standard No. 22-1. Secondary members in contact with or directly supporting the display surface may be formed of light gauge steel, provided such members are designed in accordance with the specifications of the design of light gauge steel as specified in IBC chapter 22 and in addition shall be galvanized. Secondary members, when formed integrally with the display surface, shall be not less than No. 24 gauge in thickness. When not formed integrally with the display surface, the minimum thickness of the secondary members shall be No. 12 gauge. The minimum thickness of hot-rolled steel members furnishing structural support for signs shall be one-fourth inch (1/4"), except that, if galvanized, such members shall be not less than one-eighth inch (1/8") thick. Steel pipes shall be of such quality as to conform with IBC Standard No. 22-1. Steel members may be connected with one galvanized bolt, provided the connection is adequate to transfer the stresses in the members. (Ord. 3719, 4-11-1983) b. Anchors and supports, when of wood and embedded in the soil, or within six inches (6") of the soil, shall be of all heartwood of a durable species or shall be pressure-treated with an approved preservative. Such members shall be marked or branded by an approved agency. (Ord. 2504, 9-23-1969; Ord. 5450, 3-2-2009) 8. Restrictions on Combustible Materi- als: Freestanding and wall signs may be con- structed of any material meeting the requirements of this Code. Combination signs, roof signs and signs on marquees shall be constructed of incombustible materials, except as provided in subsection K9 of this Section. Projecting signs and under awning, under canopy, or under marquee signs may be constructed of any material meeting the requirements of this Code, including fire re- sistive treated wood. No combustible materi- als other than approved plastics shall be used in the construction of electric signs. (Ord. 3719, 4-11-1983) 9. Nonstructural Trim: Nonstructural trim may be of wood, metal, approved plastics or any combination thereof. (Amd. Ord. 4832, 3-6-2000) 10. Anchorage: Members supporting un- braced signs shall be so proportioned that the bearing loads imposed on the soil in either di- rection, horizontal or vertical, shall not ex- ceed the safe values. Braced ground signs shall be anchored to resist the specified wind or seismic load acting in any direction. An- chors and supports shall be designed for safe bearing loads on the soil and for an effective resistance to pull-out amounting to a force twenty five percent (25%) greater than the re- quired resistance to overturning. Anchors and supports shall penetrate to a depth below ground greater than that of the frost line. Signs attached to masonry, concrete or steel shall be safely and securely fastened thereto by means of metal anchors, bolts or approved expansion screws of sufficient size and an- chorage to support safely the loads applied. No wooden blocks or plugs or anchors with wood used in connection with screws or nails shall be considered proper anchorage, ex- 4-4-100K 4 - 69 (Revised 2/15) cept in the case of signs attached to wood framing. No anchor or support of any sign shall be connected to, or supported by, an unbraced parapet wall, unless such wall is designed in accordance with the requirements for parapet walls specified in the adopted edition of the International Building Code. (Ord. 2504, 9-23-1969; Ord. 5450, 3-2-2009) 11. Size of and Materials for Display Sur- faces: Display surfaces in all types of signs may be made of metal, glass or approved plastics, or other approved noncombustible material, or wood for wood signs. Sections of approved plastics on wall signs shall not exceed two hundred twenty five (225) square feet in area. Exception: Sections of approved plastics on signs other than wall signs may be of unlim- ited area if approved by the Building Official. Sections of approved plastics on wall signs shall be separated three feet (3') laterally and six feet (6') vertically by the required exterior wall construction. Exception: Sections of approved plastics on signs other than wall signs may not be re- quired to be separated if approved by the Building Official. 12. Glass Panel Size, Thickness and Type: Glass thickness and area limitations shall be as set forth below: (Ord. 3719, 4-11-1983) 13. Approved Plastics: The Building Offi- cial shall require that sufficient technical data be submitted to substantiate the proposed use of any plastic material and, if it is deter- mined that the evidence submitted is satis- factory for the use intended, he may approve its use. (Ord. 2504, 9-23-1969) 14. Welding: All welding on signs or sign structures shall be done by certified welders holding a valid certification from King County or other governmental jurisdiction acceptable to the Building Official. 15. Electrical Requirements: All signs containing electrical wiring shall be subject to the governing electrical code and shall bear the label of an approved testing agency. (Ord. 3719, 4-11-1983) 16. Clearance: All types of signs shall con- form to the clearance and projection require- ments of this Section. 17. Clearance from High Voltage Power Lines: Signs shall be located not less than ten feet (10') horizontally or twelve feet (12') vertically from overhead electrical conductors which are energized in excess of seven hun- dred fifty (750) volts. The term “overhead conductors” as used in this Section means any electrical conductor, either bare or insu- lated, installed above the ground except such conductors as are enclosed in iron pipe or other material covering of equal strength. 18. Clearance from Fire Escapes, Exits or Standpipes: No sign or sign structure shall be erected in such a manner that any portion of its surface or supports will interfere in any way with the free use of any fire es- cape, exit or standpipe. 19. Obstruction of Openings Prohibited: No sign shall obstruct any opening to such an extent that light or ventilation is reduced to a point below that required by the applicable City building codes. Signs erected within five feet (5') of an exterior wall in which there are openings within the area of the sign shall be constructed of incombustible material or ap- proved plastics. 20. Standards for Supports: The support- ing members of a sign shall be free of any un- necessary bracing, angle iron, guy wires, cables and similar devices. (Ord. 2504, 9-23-1969) MAXIMUM SIZE OF EXPOSED GLASS PANEL Any Dimension (Inches) Area (Square Inches) Minimum Thickness of Glass (Inches) Type of Glass 30 500 1/8 Plain, Plate or Wired 45 700 3/16 Plain, Plate or Wired 144 3600 1/4 Plain, Plate or Wired 144+ 3600+ 1/4 Wired Glass 4-4-100L (Revised 2/15)4 - 70 L. LOCATION, PERMIT, AND INSURANCE REQUIREMENTS FOR SIGNS PROJECTING INTO SETBACKS OR RIGHT-OF-WAY: (Amd. Ord. 4832, 3-6-2000) 1. Maximum Sign Projection into Set- back: a. Signs may project within a legal set- back a maximum of six feet (6'). (Ord. 3719, 4-11-1983; Amd. Ord. 4720, 5-4-1998) b. Within nonresidential zones, ground signs that are six feet (6') or less in height may be installed within the landscape strip of the front yard setback if the clear vision area described in subsection C.6 of this Section is kept clear. Within resi- dential zones, ground signs six feet (6') or less in height may be located within the landscape strip of the front yard setback if the sign is set back at least five feet (5') from any lot line. (Ord. 4720, 5-4-1998; Ord. 5749, 1-12-2015) 2. Allowed Projections into Right-of- Way: Signs and supporting sign structures may project within the public right-of-way as follows: a. Wall Signs: The thickness of that portion of a wall sign which projects over public right-of-way shall not exceed twelve inches (12"). (Ord. 3719, 4-11-1983; Ord. 4720, 5-4-1998) b. Marquees: Marquees and the at- tached or associated signs may extend over the right-of-way according to the terms of the adopted International Build- ing Code. c. Additional Allowances within City Center Sign Regulation Boundaries: In the City Center sign regulation boundar- ies defined in subsection H2 of this Sec- tion, the following signs may project into the public right-of-way: i. Wall Signs: The thickness of that portion of a wall sign which projects over public right-of-way shall not ex- ceed twelve inches (12"). ii. Projecting Signs: A projecting sign may extend over the public right- of-way no more than four feet (4') from the wall it is mounted on. No sign shall extend into the public right- of-way to within less than two feet (2') of the curbline. iii. Awnings, Building Canopies and Marquees: Awnings, building canopies, and marquees and the at- tached or associated signs may ex- tend over the right-of-way according to the terms of the adopted Interna- tional Building Code. (Ord. 4720, 5-4-1998; Ord. 5450, 3-2-2009) 3. Identification of Sign Installer: All pro- jecting signs and signs which project into public right-of-way shall have painted thereon the name of the sign erector and the date of the erection. (Ord. 3719, 4-11-1983; Amd. Ord. 4720, 5-4-1998) 4-4-100L 4 - 70.1 (Revised 2/15) 4. Liability Insurance Required for Signs Located on or over Public Property: (Amd. Ord. 4832, 3-6-2000) a. Excluding wall signs projecting twelve inches (12") or less over a public right-of-way, the owner of any sign lo- cated on or over a public right-of-way shall at the time of sign permit applica- tion, file with the Building Official a certif- icate of liability insurance issued by an insurance company authorized to do business in the State of Washington. The City shall be named as an additional in- sured, and notified of lapses or changes to the insurance policy in advance of such change. The insurance shall be in the amount of one million dollars ($1,000,000.00) per occurrence. (Amd. Ord. 4832, 3-6-2000) b. An annual sign permit shall be re- quired for any signs projecting over the right-of-way, excluding wall signs project- ing twelve inches (12") or less. Annual fees shall be consistent with RMC 4-1-140M. The annual permit shall be is- sued upon a determination that liability insurance remains in effect, and that the sign and supporting structure are secure. (Ord. 4720, 5-4-1998) (Revised 2/15)4 - 70.2 This page left intentionally blank. 4-4-100O 4 - 71 (Revised 3/13) 5. Annual Right-of-Way Use Permit Re- quired for Signs Projecting on or over Public Right-of-Way: An annual right-of-way use permit shall be required for any signs pro- jecting over the right-of-way, excluding wall signs projecting twelve inches (12") or less. Annual fees shall be consistent with RMC 4-1-180E. The annual permit shall be issued upon a determination that liability insurance remains in effect, and that the sign and sup- porting structure are secure. (Ord. 4832, 3-6-2000) M. DESIGN REQUIREMENTS FOR PROJECTING SIGNS: 1. Standards: Projecting signs shall be de- signed in accordance with the requirements specified in subsection L of this Section. (Ord. 3719, 4-11-1983) N. DESIGN REQUIREMENTS FOR AWNING, CANOPY, OR MARQUEE SIGNS: 1. Applicability of this Section: All signs erected on, above or below a marquee shall comply with the requirements of this Section. 2. Acceptable Location and International Building Code Requirements: a. Signs may be placed on, attached to or constructed in a marquee. Such signs, over public or private property, shall, for the purpose of determining projection, clearance, height and material, be con- sidered a part of and shall meet the re- quirements for a marquee as specified in the adopted edition of the International Building Code (IBC). (Ord. 4172, 9-12-1988) b. Signs may be painted, printed, or af- fixed upon awnings or canopies. Awnings or canopies shall meet the applicable provisions of the adopted International Building Code. (Ord. 5450, 3-2-2009) 3. Under Marquee/Under Awning/Under Canopy Sign Limitations: a. Number: Under awning, canopy, or marquee signs shall be limited to one such sign per entrance for each business establishment. (Ord. 3719, 4-11-1983, Amd. Ord. 4720, 5-4-1998) b. Location and Size – Outside City Center: Where a legally constructed aw- ning, canopy, or marquee exists which in itself complies with the provisions of the Renton Building Code, an “under mar- quee” sign, no larger than twelve inches (12") high by seventy two inches (72") long by twelve inches (12") thick, may be suspended below the awning, canopy, or marquee, provided the bottom of the sign is at least eight feet (8') above the surface of the public or private sidewalk or walk- way and the sign does not extend beyond the awning, canopy, or marquee. c. Location and Size – Within City Center: In the City Center sign regulation boundaries defined in subsection H2 of this Section, under marquee signs may not exceed a maximum square footage of six (6) square feet, with a maximum sign thickness of twelve inches (12"). The bot- tom of the sign shall be at least eight feet (8') above the surface of the public or pri- vate sidewalk or walkway, and the sign shall not extend beyond the awning, can- opy, or marquee. (Ord. 4720, 5-4-1998) O. DESIGN REQUIREMENTS FOR ELECTRIC SIGNS: 1. Materials and Design Standards: Elec- tric signs shall be constructed of incombusti- ble materials, except as specified in subsection K of this Section. The enclosed shell of electric signs shall be watertight, ex- cepting that service holes fitted with covers shall be provided into each compartment of such signs. 2. Installation: Electrical equipment used in connection with display signs shall be in- stalled in accordance with local regulations regulating electrical installation. 3. Erector’s Name: Every electric sign pro- jecting over any street or alley or public place shall have the name of the sign erector and date of erection. Such name and date shall be of sufficient size and contrast to be read- able from a reasonable distance. Failure to provide such name and date shall be grounds 4-4-100P (Revised 3/13)4 - 72 for rejection of the sign by the Building Offi- cial. (Ord. 2504, 9-23-1969) 4. Label Required: All electric signs shall bear the label of an approved testing agency. P. INSPECTIONS: Footing inspections shall be made by the Building Official for all signs having footings. Q. ALTERNATE PROVISIONS FOR MATERIAL, CONSTRUCTION AND DESIGN: See RMC 4-9-250E. R. APPEALS OF ADMINISTRATIVE DECISIONS: Appeals from administrative decisions in the in- terpretation of the provisions of this Code shall be heard by the Hearing Examiner pursuant to RMC 4-8-110. S. VARIANCES: Applications for variances from the provisions of this Chapter shall be heard by the Administrator as provided in RMC 4-8-070D and consistent with the provisions of RMC 4-9-250B. (Ord. 3719, 4-11-1983; Amd. Ord. 5157, 9-26-2005; Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012) T. COMPLIANCE AND CONFISCATION OF SIGNS: (Amd. Ord. 4856, 8-21-2000) 1. Compliance Required: It shall be un- lawful for any person to erect, construct, en- large, alter, repair, move, improve, convert, equip, use or maintain any sign or structure in the City or cause or permit the same to be done contrary to or in violation of any of the provisions of this Code. (Amd. Ord. 4856, 8-21-2000) 2. Removal and Storage of Illegal Signs Authorized: Unauthorized signs or other ad- vertising devices either wholly or partially supported on or projecting over the public right-of-way may be removed by the Building Official or his representative without notice to the owner. Such signs or devices shall be stored at the City garage for a period not to exceed thirty (30) days, during which time the owner may redeem such sign or device by payment to the City Treasurer an amount equal to the City cost for the removal and storage, but in no event shall the fee be less than twenty dollars ($20.00). After expiration of the thirty (30) day storage period, the sign not having been redeemed, it shall be de- stroyed or otherwise disposed of. (Ord. 3719, 4-11-1983, Amd. Ord. 4422, 10-25-1993; Ord. 4856, 8-21-2000) 3. Confiscated Signs: All confiscated signs shall become the property of the City. (Ord. 3719, 4-11-1983; Amd. Ord. 4856, 8-21-2000) U. VIOLATIONS OF THIS CHAPTER AND PENALTIES: Unless otherwise specified, violations of this Chapter are misdemeanors subject to RMC 1-3-1. (Ord. 5062, 1-26-2004; Ord. 5159, 10-17-2005) 4-4-110 STORAGE FACILITIES, BULK: A. INTENT: The intent of the regulation of bulk storage facili- ties is to allow such facilities in a location and manner so they are compatible with adjacent or abutting properties and beneficial to the City and in accordance with the State Environmental Pol- icy Act. It is further the intent to insure that the safety, health, welfare, aesthetics and morals of the community are maintained at a high level. (Ord. 5676, 12-3-2012) B. SPECIAL REVIEW AND HIGHER STANDARDS REQUIRED: Due to the unique characteristics and problems inherent in making bulk storage facilities compat- ible with surrounding properties and environment, the City Council finds that special review of bulk storage facilities is required to insure the intent of these regulations; and the City Council expressly finds that in the Green River Valley, City of Renton and surrounding areas, there has been a loss in air quality and that a potential exists for a continu- ing deterioration in this air quality due in part to the unique meteorological and topographic char- acteristics such as the channeling and holding of air masses by inversions and the surrounding hills. This degradation in air quality adversely af- fects the livability and desirability of the City and is injurious to the health and well-being of its citi- zens. Those uses classified as a recognized higher risk have higher standards applied to them including, but not limited to, landscaping, traffic and access and hazardous materials. These reg- 4-4-110D 4 - 73 (Revised 3/17) ulations are to supplement and be in addition to existing code provisions. (Ord. 2962, 9-8-1975, Amd. Ord. 2967, 9-22-1975) C. SPECIAL PERMIT AND ADMINISTRATION: 1. Special Permit Required for Bulk Stor- age Facilities: Bulk storage facilities may be allowed only by special permit as specified in RMC 4-9-220. The fee for the special permit for bulk storage facilities is specified in the fee schedule set out in RMC 4-1-170. (Ord. 3653, 8-23-1982) 2. Applicability: The Department of Com- munity and Economic Development shall be responsible for determining whether an appli- cation is a bulk storage facility as defined herein. (Ord. 2962, 9-8-1975, Amd. Ord. 2967, 9-22-1975; Ord. 5676, 12-3-2012) 3. Authority and Responsibility: The Hearing Examiner is designated as the offi- cial agency of the City for the conduct of pub- lic hearings, and the Community and Economic Development Administrator is re- sponsible for the general administration and coordination. The Administrator shall estab- lish administrative procedures, which shall in- clude, but are not limited to: preparation of application forms, determining completeness and acceptance of application, and establish- ment of interdepartmental review routing pro- cedures. (Ord. 2962, 9-8-1975, Amd. Ord. 2967, 9-22-1975, Amd. Ord. 3101, 1-17-1977, eff. 1-1-1977; Ord. 3592, 12-14-1981; Ord. 5676, 12-3-2012) 4. Provision of Information: The respon- sibility of producing information and data to establish that the proposed bulk storage facil- ity complies with the standards set forth in this Section shall be on the applicant. (Ord. 2962, 9-8-1975; Amd. Ord. 2967, 9-22-1975) 5. Evaluation Criteria: The Hearing Exam- iner shall review the impact of the proposed use to determine whether it is compatible with the proposed site and general area. The Hearing Examiner may require any applica- ble bulk standard to be up to fifty percent (50%) more strict than specified to alleviate a potential problem, providing it shall be shown: (Ord. 2962, 9-8-1975; Amd. Ord. 2967, 9-22-1975; Amd. Ord. 3101, 1-17-1977, eff. 1-1-1977) a. That because of special circum- stances applicable to subject property, in- cluding size, topography, location or surroundings and special characteristics applicable to subject facilities including height, surface drainage, toxic sub- stances, traffic and access, sound, liquid waste, light and glare, odorants, flamma- ble and explosive materials and gaseous wastes, the strict application of the zon- ing code and bulk storage regulations is found to deprive neighboring properties of rights and privileges enjoyed by other properties in the vicinity and under identi- cal zone classification. b. That the application of more strict standards will not be materially detrimen- tal to the subject facility and will maintain the full rights, privileges and environment of neighboring properties. c. That the application of such modifica- tions shall be supported by documented evidence of a clear and compelling na- ture to justify such stricter standards. D. DEVELOPMENT STANDARDS: 1. Height of Containers and Stock Piles: The maximum height of all storage containers and stock piles of bulk materials and/or prod- ucts shall be forty feet (40') or that of the structure height of the underlying zone if more restrictive. The storage of bulk materi- als in containers above manufacturing plants shall not be considered as bulk storage, but shall be classified as part of the supporting structure. No roof shall extend beyond five percent (5%) slopes drawn from forty foot (40') high vertical surfaces contiguous to the base of the structure. Only accessory items such as, but not limited to, antennas, ladders, light fixtures, railings, vent pipes and safety or health related items shall be excluded from the determination of structure height. 2. Setbacks: All structures and bulk stor- age, except security fences, opaque screens and signs, shall be located at least sixty feet (60') from all public rights-of-way, wildlife hab- itat, public areas, parks and waterways which include, but are not limited to, rivers, lakes, 4-4-110D (Revised 3/17)4 - 74 streams and drainage channels. In all other instances the setbacks shall be at least twenty feet (20') from the property line. 3. Landscaping and Screening: a. Intent: The intent of landscaping and screening is to minimize the visual impact of bulk storage as viewed from adjacent or nearby properties or facilities and to enhance the image of the industrial areas and the City. (Ord. 2962, 9-8-1975; Amd. Ord. 2967, 9-22-1975) b. Screening Required for Recog- nized Higher Risk Storage: Those bulk storage uses which are considered as having a recognized higher risk shall have a barrier as specified in subsection D12 of this Section, Hazardous Materi- als, with a screen that is at least eighty percent (80%) opaque on top of the bar- rier and set back at least twenty feet (20') from the property line. i. Height of Screen: The barrier shall have a maximum height of four feet (4') when measured as in sub- section D12d of this Section. The combined height of the four-foot (4') (maximum) barrier and screen shall be at least twenty five percent (25%) of the height of the bulk storage pro- vided such combination is at least eight feet (8') high. An optional secu- rity fence shall have at least a twenty- foot (20') setback. ii. Landscaping Required: All ar- eas between the property lines and the screen shall be landscaped ex- cept for ingress and egress areas and except when a second bulk storage facility has a contiguous side or rear property line with an existing bulk storage facility constructed to the standards specified in this Section. The landscape plan shall be pre- pared by a licensed landscape archi- tect and approved by the Administrator. (Ord. 5676, 12-3-2012) iii. Tree Retention and Land Clearing: Bulk storage facilities and accessory uses shall comply with tree retention and land clearing regu- lations in RMC 4-4-130. (Ord. 5828, 12-12-2016) c. Screening Required for Other Bulk Storage: Those bulk storage uses not in- cluded in subsection D3b of this Section shall have a screen including gates and shall be at least eighty percent (80%) opaque surrounding the property area. Said screen shall be at least twenty five percent (25%) as high as the bulk stor- age containers or stock piles provided said screen is at least eight feet (8') high. The screen and optional security fence shall be set back at least twenty feet (20') from all property lines except that for those bulk storage facilities whose total ownership is less than two and one-half (2-1/2) contiguous acres in area, the Hearing Examiner may reduce this set- back up to fifty percent (50%) for good cause and upon proper written applica- tion. All areas between the property lines and the screen shall be landscaped ex- cept for ingress and egress areas and ex- cept when a second bulk storage facility has a contiguous side or rear property line that abuts an existing bulk storage fa- cility constructed to the standards speci- fied in this Section provided there is at least a twenty-foot (20') landscaped strip. The landscape plan is to be approved by the Administrator. A landscaped berm may be used by itself or in combination with a screen provided the required height is met. The slopes of said berm shall be a maximum of two feet (2') hori- zontal to one foot (1') vertical. There shall be a flat area on top of the berm with a minimum width of two feet (2'). A retain- ing wall may be substituted for the inter- nal side of the berm provided the retaining wall is approved by a licensed engineer. (Ord. 3653, 8-23-1982; Ord. 5676, 12-3-2012; Ord. 5828, 12-12- 2016) d. Landscaping Maintenance: The maintenance of landscaping shall be as- sured prior to the issuance of a building permit by requiring one of the following options: (i) the posting of a performance bond for one hundred fifty percent (150%) of the estimated cost of mainte- nance of landscaping for a three (3) year 4-4-110D 4 - 75 (Revised 3/17) period, (ii) the depositing with the City Clerk of a certified or cashier’s check for one hundred fifty percent (150%) of the estimated cost of maintenance of land- scaping for a three (3) year period, (iii) fil- ing with the City Clerk a copy of a service contract for maintenance of landscaping for a three (3) year period, or (iv) such other written commitments that will as- sure satisfactory maintenance of land- scaping for a three (3) year period. Any of the four (4) options above are to be ap- proved as to legal form prior to accep- tance by the City. Landscaping is to be maintained in a healthy, neat manner and shall be subject to periodic inspection by the City. 4-4-110D (Revised 3/17)4 - 76 4. Signs Permitted: The only identification signs permitted shall be one sign per street frontage that shall be four feet (4') in height or less, with a maximum of two (2) faces and no more than thirty (30) square feet per face. Such signs may be illuminated by external lights. Exit and entrance signs four (4) square feet in area or less may be placed at street en- trances. (Ord. 2962, 9-8-1975; Amd. Ord. 2967, 9-22-1975) 5. Surface Drainage: a. Intent: The intent of this standard is to protect property from damage and loss due to flooding, erosion and deposition caused by the adverse alteration of natu- ral drainage flow patterns and rates, and to promote development practices which enhance the quality, benefits and enjoy- ment of the natural watercourses. b. Standards: Surface drainage shall be approved by the Development Ser- vices Division and shall comply with the design specifications set forth in the lat- est editions or revisions of Standard Specifications for Municipal Public Works Construction by the Washington State Chapter American Public Works Associa- tion, and Highway Hydraulics Manual by the Washington State Highway Commis- sion, Department of Highways. c. Design Criteria: The design of bulk storage facilities and accessory uses shall minimize the size of impervious ar- eas, avoid soils with infiltration potential, and reduce soil compaction to the extent feasible, and be consistent with the Sur- face Water Design Manual. (Ord. 5828, 12-12-2016) 4-4-110D 4 - 77 (Revised 3/17) 6. Toxic Substances: a. Intent: The intent of this standard is to extend to the general public basic pre- cautions used in industry dealing with the exposure of workers to toxic materials. As a requisite to protecting the public health and welfare, and especially as that public includes the very young and other sensi- tive members, the environment should be kept free of unnecessary concentrations of these toxic substances by using the best practicable control and process technology in all phases of manufacture and handling and by a sincere commit- ment to good housekeeping practices. b. PSAPCA Standards: The ambient air quality standards specified in Regula- tion 1 of the Puget Sound Air Pollution Control Agency (PSAPCA) shall apply to all air contaminants specifically listed therein. c. Maximum Concentrations of Toxic Substances: i. Those toxic substances not spe- cifically listed in Regulation 1 of the PSAPCA, but released into the ambi- ent air shall be in accordance with the fractional quantities set forth in subsection D6c(ii) of this Section and for those toxic substances listed in the most current publication, entitled Threshold Limit Values, of the Amer- ican Conference of Governmental Hygienists (ACGIH). ii. The concentration of a single toxic substance measured in an air sample shall not exceed one-fiftieth (1/50) of the threshold limit value or ceiling “C” limit value at the lot lines or one one-hundredth (1/100) of the threshold limit value or ceiling “C” limit value at the lot-district line. The concentrations of two (2) or more substances shall be considered as in the publication of ACGIH. iii. Those carcinogenic substances listed in threshold limit values having no listed threshold limit value shall not be detectable by the most sensi- tive method in air samples taken at the lot or lot-district lines. d. Method of Measurement: The sam- ples shall be taken by a qualified person as per the publication of the ACGIH and the concentrations of toxic substances shall be measured in a certified labora- tory or facility at the request of the Admin- istrator. (Ord. 5676, 12-3-2012) 7. Traffic and Access Control: a. Intent: The intent of this standard is to promote the safety of travel on public streets in industrial areas where dense and variable traffic flows cause additional hazards to persons and property and to provide for uninterruptable access to all properties and neighbors of a potential major fire, emergency or hazard. b. Access Requirements: All lots used by an industry of recognized higher risk shall be served on at least two (2) sides by accesses of dimensions equal to an industrial access street. Such ac- cesses shall be continuously open to City departments for clearing or repair at the owner’s expense. c. Emergency Vehicle Access: When on-site emergency access is required for fire or other emergency equipment, a through route shall be provided and maintained in a free and open condition at all times, with an exit from the lot differ- ent from the entrance and separated by at least three hundred feet (300') when not on opposite sides of the lot. Any fire or emergency access, including but not limited to this subsection, shall conform with the recommendations of the Fire De- partment and together with a traffic flow pattern, when required, shall be clearly defined on a site plan. (Ord. 2962, 9-8-1975, Amd. Ord. 2967, 9-22-1975; Ord. 5806, 6-20-2016) d. Traffic Flow, Setbacks from Ac- cess Routes and Curb Cuts: A defini- tive traffic flow pattern shall be provided on the property for all traffic, both truck and automobile, such that all traffic shall cross lot lines traveling in a forward direc- tion. Necessary transportation between 4-4-110D (Revised 3/17)4 - 78 different parts of the same building or complex of buildings when located on one continuous lot shall be by private ac- cess routes, confined to the property so as to not cause unnecessary congestion or hazards on public streets. Such on-site access routes shall be located at a dis- tance of at least ten feet (10'), or on the property side of any required planting strip, from all pedestrian sidewalks or edge of public right-of-way. Curb cuts for purposes of vehicular access shall be kept to a minimum on both number and width consistent with the property traffic flow pattern. Curb cuts for purposes of stormwater management shall be de- signed to allow runoff to enter low impact development best management prac- tices such as bioretention. (Ord. 5828, 12-12-2016) e. Separation of Parking from Load- ing/Maneuvering Areas: Provisions shall be made for the separation of park- ing of private automobiles from any space or area used for maneuvering, parking or loading or any truck, vehicle or trailer ei- ther while attached to or unattached from any mover. f. Overpasses: Overpasses extending over a public right-of-way shall be limited to pedestrian foot traffic except that con- duits for the transmission of information may be included if concealed within the primary structure of the overpass. The design, lighting and landscaping of such structures shall clearly exhibit a high level of aesthetic design and furthermore shall be reviewed and approved by the Devel- opment Services Division. (Ord. 2962, 9-8-1975, Amd. Ord. 2967, 9-22-1975; Amd. Ord. 3592, 12-14-1981) g. Paving of Access Routes: All on- site surfaces used for daily traffic within the lot or as a part of the traffic flow pat- tern required in subsection D7d of this Section shall be paved and maintained in a good condition with an asphalt surfac- ing, or its equivalent if approved, to pre- vent the generation of dust or the tracking of mud onto public rights-of-way. (Ord. 5676, 12-3-2012) h. Surfacing of Storage Areas: Stor- age areas not intended for maneuvering space shall be paved with a surface sat- isfactory to the Hearing Examiner to meet the requirements of this Chapter and minimize dust and control stormwater drainage. (Ord. 3653, 8-23-1982) 8. Sound: a. Intent: The intent of this standard is to establish maximum sound levels for in- dustrial sources as received in other properties of the same or different envi- ronmental use designation. This is ac- complished by implementing the sound level requirements of the Washington Ad- ministrative Code as it applies to indus- trial sources of sound and all sound receptors. b. WAC Regulations Adopted by Ref- erence: The regulation of industrial sounds as set forth in chapter 173-60 of the Washington Administrative Code (WAC), Maximum Environmental Noise Levels, is hereby incorporated by refer- ence. c. Classifications: The Classifications for Use Districts (Zoning Codes) of the City of Renton shall be assigned the En- vironmental Designation for Noise Abate- ment (EDNA) Codes as follows: (Ord. 5744, 1-12-2015; Ord. 5759, 6-22- 2015) d. Maximum Sound Levels: The sound level of an industrial (EDNA Class C) sound source when measured in the prescribed manner and location shall not exceed the following values: EDNA Class A:RC, R-1, R-4, R-6, R-8, RMH, R-10, R-14, RMF EDNA Class B:CN, CV, CD, CA, COR, CO, UC EDNA Class C:IL, IH, IM 4-4-110D 4 - 79 (Revised 3/13) e. Reduction Due to Method of Mea- surement: All maximum sound level val- ues for impulsive sounds shall be reduced five (5) decibels when measured with an A-weighted network. f. Extension of Hours of Restric- tions: The hours of lower sound levels shall be extended in EDNA Class A envi- ronments for all hours of the weekend, from midnight Friday to midnight Sunday, and the following holidays, as officially observed by the City of Renton: New Year’s Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. 9. Liquid Waste: a. Intent: The intent of this standard is to preserve and enhance the quality of the environment and protect the public health and welfare by preventing the dis- posal of liquid industrial wastes by unac- ceptable methods and in unapproved areas. Liquid waste shall include surface run-off waters as per subsection D5 of this Section, Surface Drainage, when contaminated with chemicals, oils or other toxic substances. b. Discharge Regulated: The dis- charge of all waterless liquid waste shall be subject to the conditions of subsection D9d of this Section and/or disposed of by a liquid waste disposal company. MAXIMUM PERMITTED SOUND LEVELS IN RECEIVING EDNA CLASSES FROM EDNA CLASS C (INDUSTRIAL) SOURCE EDNA CLASS OF RECEPTOR MAXIMUM SOUND LEVEL1 (dB(A)) DURATION IN MINUTES IN ANY ONE-HOUR PERIOD APPLICABLE HOURS5 A A A A A A A A 60 65 70 75 50 55 60 65 Continually 152 52 1-1/22 Continually 152 52 1-1/22 7 am – 10 pm 7 am – 10 pm 7 am – 10 pm 7 am – 10 pm 10 pm – 7 am 10 pm – 7 am 10 pm – 7 am 10 pm – 7 am B B B B 65 70 75 80 Continually 153 53 1-1/23 All All All All C C C C 70 75 80 85 Continually 154 54 1-1/24 All All All All 1 Source: Chapter 172-60 WAC, “Maximum Environment Noise Levels”. 2 Total of all dB(A)s over 60 not to exceed 15 minutes in any one hour. 3 Total of all dB(A)s over 65 not to exceed 15 minutes in any one hour. 4 Total of all dB(A)s over 70 not to exceed 15 minutes in any one hour. 5 The lower noise in EDNA Class A apply to all hours of the weekends and holidays. 4-4-110D (Revised 3/13)4 - 80 c. Standards and Permits: The dis- charge of any water containing liquid, gas or solid wastes in solution and/or as a mixture into any part of the natural water system shall comply with the standards and compatibility requirements of the Washington State Department of Ecology or any successor department or agency thereof. The Administrator shall be sup- plied with a true copy of any and all dis- charge permits issued to the facility by the State of Washington Department of Ecol- ogy. (Ord. 5676, 12-3-2012) d. Standards for Discharge into Sewer System: All wastes discharged into a sewerage system shall comply with the applicable regulations of the City of Renton and the municipality of metropol- itan Seattle sewerage system governing the control and disposal of industrial waste. e. Disposal Schedule: All liquid wastes undisposable by treatment, after treatment, or by sewerage system shall be disposed of on a scheduled basis clearly related in both rate and magnitude with the industrial process or source gen- erating the waste. f. Proof of Compliance: Upon request, the industry shall provide substantial proof of having disposed of liquid waste, falling in the categories of subsection D9e of this Section equal to or greater than eighty percent (80%) in either vol- ume or weight of the amount generated during the previous six (6) months of op- eration. Should the generation of such liquid waste be on a sporadic basis then the industry shall provide written evi- dence of substantial compliance with this subsection. (Ord. 5676, 12-3-2012) g. Prevention of Odorants: The re- lease of odorants or gaseous wastes from liquid wastes awaiting disposal shall be prevented by using adequate means of storage and all other reasonable means necessary. h. Treatment of Liquid Waste: Any treatment of liquid waste solely for the purpose of disposal shall be permitted when the generation of any solid or gas- eous wastes is adequately handled in compliance with these standards and all other rules and regulations of State and regional agencies. Such treatment shall employ the best practicable control cur- rently available to industry. 10. Light and Glare: a. Intent: The intent of this standard is to afford the public the safety of adequate lighting while avoiding unnecessary glare and exposure to excessive outdoor illu- mination which may create a hazard or unreasonably interfere with the relaxation and enjoyment of public open spaces, rights-of-way, and normal residential ac- tivities and pursuits. b. Method of Measurement: Illumina- tion levels shall be measured with a pho- toelectric photometer (light-meter) having a spectral response similar to that of the human eye, following the standard spec- tral luminous efficiency curve adopted by the International Commission of Illumina- tion. c. Maximum Levels: The illumination from all sources located on a lot shall have the maximum value of eleven (11) lumens per square meter outside of lot lines and six (6) lumens per square meter outside the district line. In all cases of con- flict the district line value shall apply. The intrinsic brightness of any source visible beyond the district lines shall have a max- imum value of fifty (50) candles per square centimeter. Intermittent, rotating or flashing lights of an intrinsic brightness greater than two (2) candles per square centimeter and with a frequency greater than once in any five (5) second time pe- riod shall not be visible beyond district lines unless for the sole purpose of alarm or giving warning. 11. Odorants: a. Intent: The intent of this standard is to prevent the occurrence of certain of- fensive odors in the environment by limit- ing the concentration of chemical compounds which are known to produce strong olfactory responses. This stan- dard does not attempt to determine the 4-4-110D 4 - 81 (Revised 3/13) intrinsic or subjective good or bad quali- ties of an odor, but only that the concen- tration of specific constituent compounds are above adopted values which have been accepted for the health and well-be- ing of the general public. b. Maximum Levels: The concentra- tion of specific compounds listed in the following schedule shall not exceed the odor threshold values in two (2) consecu- tive air samples. Three (3) air samples are to be taken over a two (2) hour pe- riod, one sample each at the beginning and end of the test period and one sam- ple near the time midway through the sample period. The Administrator may establish the time of the sample period. When more than one concentration is listed for a substance in these standards, the more stringent shall apply. ODORANT CONCENTRATIONS FOR SPECIFIC CHEMICALS IN CLEAN AMBIENT AIR POLLUTANT ODOR THRESHOLD1 (ppm) (mg/m 3) Acetone Acrolein Allyl disulfide Allyl mercaptan Ammonia 320.00 15.00 0.0001 0.0005 0.037 770.00 15.00 0.00006 0.00015 0.026 Amyl alcohol Apiole Benzene i-Butanol n-Butanol 10.00 0.0063 60.00 40.00 11.00 35.00 0.057 180.00 120.00 33.00 i-Butylacetate n-Butylacetate n-Butylformate Butyric acid Camphor 4.00 7.00 17.00 0.00028 16.00 17.00 35.00 70.00 0.000001 100.00 Carbon disulfide Carbonetetrachloride Chlorine Diacetyl 1,2-Dichloroethane 7.70 200.00 0.01 0.025 110.00 23.00 260.00 0.029 0.088 450.00 Diethylketone Dimethylamine Dimethyl sulphide Dioxane Ethanol 9.00 6.00 0.02 170.00 50.00 33.00 11.00 0.051 620.00 93.00 Ethylacetate Ethyleneglycol Ethyl mercaptan Ethyl selenide Ethyl selenomercaptan 50.00 25.00 0.000016 0.000062 0.0000018 180.00 90.00 0.00004 0.00035 0.000008 Ethyl sulphide Heptane Hydrogen selenide Hydrogen sulphide Iodoform 0.00025 220.00 3.00 0.0011 0.00037 0.00092 930.00 10.00 0.0015 0.0061 Ionone Methanol Methylacetate Methylenechloride Methylethylketone 0.000000059 5900.00 200.00 150.00 25.00 0.00000046 7800.00 550.00 550.00 80.00 4-4-110D (Revised 3/13)4 - 82 (Ord. 5676, 12-3-2012) c. Testing Procedure: The samples shall be taken by a qualified person and the concentrations of odorants shall be measured in a certified laboratory or facil- ity at the request of the Administrator. The location for taking the three (3) sam- ples shall remain fixed during the test pe- riod and shall be at a point outside lot lines, at ground level or habitable eleva- tions and a safe and reasonable place consistent with the location of the re- ported violation. (Ord. 5676, 12-3-2012) d. Monitoring Required Upon Com- plaint: Monitoring shall be undertaken only upon receipt of a complaint made by a person who resides, owns property, or is employed in the area affected by the complained of odors, unless the area is designated as a public use area where- upon all complaints will be accepted. e. Other Remedies Not Impaired: Nothing in this standard shall be con- strued to impair any cause of action or le- gal remedy therefor of any person, or the public for injury or damages arising from the emission of any odorant in such place, manner or concentration as to constitute air pollution or a common law nuisance. 12. Hazardous Materials: a. Intent: The intent of this standard is to provide adequate separation between highly flammable or explosive materials used in industries of a recognized higher risk and the neighboring properties and public areas, total containment of all highly flammable, toxic and polluting liq- uid materials, limits for the stored quan- tity of highly flammable and explosive materials as a function of property area, and all other reasonable safety measures Methylformate Methyleneglycol Methyl-i-butylketone Methyl mercaptan Methylpropylketone 2000.00 60.00 8.00 0.0011 8.00 5000.00 190.00 32.00 0.0022 27.00 Octane Ozone Phenol i-Propanol n-Propanol 150.00 0.10 3.00 40.00 30.00 710.00 0.20 12.00 90.00 80.00 i-Propylacetate n-Propylacetate Propyl mercaptan Pyridine Scatole 30.00 20.00 0.000075 0.012 0.000000075 140.00 70.00 0.00023 0.04 0.0000004 Sulphur dioxide Tetrachloroethylene Tetrahydrofuran Toluene 1,1,1-Trichloroethane 30.00 50.00 30.00 40.00 400.00 79.00 320.00 90.001 40.00 2100.00 Trichloroethylene Trimethylamine Valeric acid Vanillin Xylene 80.00 4.00 0.00062 0.000000032 20.00 440.00 96.00 0.0026 0.0000002 100.00 1 ppm is parts per million at 20° and 760 torr mg/m3 is milligrams per cubic meter ODORANT CONCENTRATIONS FOR SPECIFIC CHEMICALS IN CLEAN AMBIENT AIR POLLUTANT ODOR THRESHOLD1 (ppm) (mg/m 3) 4-4-110D 4 - 83 (Revised 8/16) deemed necessary for the protection of people, property, and the environment from the threat and destruction of fire and/or explosion, and to prevent encum- bering adjoining properties with burdens which are related to the hazards of highly flammable and explosive materials. b. Off-Site Economic Burdens Pro- hibited: An industry shall not impose economic burdens such as, but not lim- ited to, higher insurance rates and/or op- erational limitations upon neighboring facilities due to its location and hazard- ous nature. All necessary modifications shall be made to both such characteris- tics and the site plan so as to not impact neighboring facilities. c. Barrier Required: An industry or fa- cility storing for its own use or redistribu- tion any highly flammable toxic or polluting liquid of a capacity equal to or greater than the lesser of that quantity sufficient to result in a flow across lot lines or a quantity of fifteen (15) cubic inches per square foot of total lot area shall construct a permanent continuous barrier surrounding all buildings, struc- tures and facilities which could contribute to the flow. The storage in liquid form of those materials which are normally in a gas phase at ambient temperature and atmospheric pressures shall be con- tained within a barrier unless it is deter- mined that dispersion of the resulting gas or aerosol would be less hazardous. The capacity of the space within the barrier shall be one hundred percent (100%) of the maximum possible volume of stored liquid and the top of the barrier shall be at least one foot (1') above this liquid level. The barrier shall be designed and con- structed in such a manner that there is no visible leakage on or below any portion of the exterior surface of the barrier which is below the level of the confined liquid after a forty eight (48) hour period. A report on a test of a typical barrier section con- structed to full scale shall be prepared by a licensed engineer and submitted as proof of the design. (Ord. 5676, 12-3-2012) d. Barrier Design: The barrier shall be of earthen material with two (2) sloping sides extending to grade level without any vertical cuts or retaining walls. The top of the barrier shall be flat. The barrier shall have a maximum vertical height of four feet (4') when measured between the grade level at the internal toe to the top. The slope of the sides and width of the top shall be according to accepted engineer- ing design for holding ponds. The design of the barrier shall minimize the likelihood of damage by major earthquakes whose epicenters are located in the Pacific Northwest. All ingress into and egress from the inner side of the barrier shall be over the barrier top. The roadway shall be constructed so as to not weaken the bar- rier or decrease its resistance to earth- quake damage. When the barrier and landscaped berm are one and the same structure no vertical cuts or retaining walls shall be allowed in the common structure. e. Fire Suppression System Stan- dards: On-site fire suppression systems shall be fully automatic with manual over- rides from at least two (2) locations out- side the barrier. The fire suppression system shall be connected to central dis- patch of the Fire Department by means of a remote station protecting signaling sys- tem, in accordance with the specifications of the National Fire Code, Volume 7, of the National Fire Protection Association. The best practicable control shall be used for the prevention of fires and explo- sions, for the detection of fires and other related hazards, and for the protection of life and property from fires, explosions and their related effects. (Ord. 5806, 6- 20-2016) f. Maximum Quantities and Permit- ted Locations: The manufacture and/or storage of explosives or blasting agents shall comply with the quantities and loca- tions set forth in the following schedule as per type of explosive, quantity to be manufactured and/or stored and the dis- tances from the lot lines. The quantities are the maximum amount that shall be al- lowed for any one company, facility or site. The stated distances are the mini- mum that shall be allowed. 4-4-110D (Revised 8/16)4 - 84 g. Additional Requirements: The manufacture and/or storage of explo- sives, blasting agents and similar such substances shall comply with all other conditions and regulations as set forth in the Washington State Explosives Act, chapter 70-74 WAC. h. Separation of Barrier and Fire Code Dyke: The dyke required by the Uniform Fire Code (with a minimum hold- ing capacity of one hundred percent (100%) of the single largest tank) and the barrier required by the bulk storage regu- lations (with a holding capacity of one hundred percent (100%) of the total ca- pacity of all tanks plus one foot (1')) shall be separated by at least one hundred feet (100') for the safety of firefighting personnel. Such separation shall be measured from the external toe of the dyke to the internal toe of the barrier or from the setback line when the internal toe of the barrier is closer to the property line than the required setback. i. Combination of Requirements En- couraged: The requirements for a bar- rier, landscaping and opaque screen and/ or berm are encouraged to be combined into a single configuration similar to that shown in the second figure of subsection D3 of this Section, Landscaped Berm and Opaque Screen. The required opaque screen may be satisfied by a properly designed security fence. j. Impervious Surfacing Required: All exposed ground surfaces within struc- tures intended for the containment of spills shall be impervious to those stored and/or handled liquids which may result in the contamination of the underlying soil. The ground surface within the barrier shall be impervious unless all potential points of spill have intermediate contain- ment structures. Contaminating liquids shall also include solid chemicals when readily soluble in water and transportable into the subsoil by dissolution in surface water. The impervious area in the case of such contaminated surface water shall be determined by intercept points in an approved drainage system. 13. Gaseous and Particulate Emissions: a. Intent: The intent of this standard is to limit the unnecessary generation of all air contaminants, to decrease the annual emissions from stationary sources and all related transfer operations on the site by controlling land use intensity and requir- ing the use of the best practicable control of the emission of airborne contaminants to achieve and maintain a healthful envi- ronment of clean air. b. Preferred Process Methods: Pro- cess methods and procedures currently available in industry which are known to cause fewer in number and lesser quan- tities of air contaminants shall be used in all cases. In addition the best practicable control shall be used for the control and removal of air contaminants. c. PSAPCA Requirements: Compli- ance with the emission and density schedule in this subsection D13 does not relieve the owner or operator of the facil- ity of the responsibility of meeting the re- quirements of Regulation 1 of the Puget Sound Air Pollution Control Agency. d. Substance Density Limitations: The emission of specific substances into the air shall be limited to the total annual and spatial density, relative to land use for each facility as set forth in the emis- QUANTITY AND DISTANCE FOR EXPLOSIVE MATERIAL MANUFACTURE AND STORAGE EXPLOSIVE MATERIAL1 QUANTITY IN POUNDS DISTANCE FROM LOT LINES IN FEET Explosive – Class A 0 to 5 280 Blasting Agents 0 to 5 5 to 10 10 to 20 20 to 30 280 360 440 500 Explosive – Class B and C 0 to 5 5 to 10 10 to 20 20 to 30 30 to 40 40 to 50 210 270 330 380 420 450 1Definitions and classification as per “Washington State Explosive Act”, chapter 70-74 WAC, as amended by Chapter 72, Laws of 1970. 4-4-110D 4 - 85 (Revised 3/13) sion and density schedule in this subsec- tion D13. e. Further Emission Limitations Dur- ing an Alert: A facility shall be capable of achieving a condition of near-zero dis- charge during an alert or higher stage of operational and technical means to reach the lowest physically possible quantity of emissions during the entire alert period. It shall be the responsibility of the Adminis- trator to enforce a reduction in the pro- cess weight to comply with this restriction. (Ord. 5676, 12-3-2012) f. Hydroseeding Required: All ground surfaces not included in developmental coverage, left in an undisturbed condition of natural flora, or required landscaping which may contribute to the amount of airborne particulate matter shall be suit- ably covered by hydroseeding or the equivalent with grasses or other vegeta- tion to prevent the generation of dust. g. Report by Developer Required: It shall be the responsibility of the devel- oper of the facility to ascertain the infor- mation required in the emission and density schedule in this subsection D13 and to report such finding to the Adminis- trator. All new facilities or expansion of ex- isting facilities, unless exempted by the limitations in the emission and density schedule in this subsection D13, shall provide an initial report covering the emis- sion of those specific substances listed in the emission and density schedule in this subsection D13. The report shall cover the first three (3) months of operation and shall be filed with the Administrator within thirty (30) days after the end of the report- ing period. The report shall enumerate all sources by type or category contributing ten percent (10%) or more of the total emission for each specific substance. The total of all sources contributing less than ten percent (10%) individually may be grouped as one entry and if so shall specify the number of sources included. The report shall contain such information or analyses as will disclose the reported values of the emissions which are or may be discharged by such source. The report shall be certified by a licensed engineer. (Ord. 5676, 12-3-2012) h. Quarterly Reports May Be Re- quired: Each emission greater than twenty percent (20%) of the annual weight per facility or spatial density, com- puted on an annual basis, as reported in subsection D13g of this Section shall be reported thereafter on a quarterly basis until such time as the total weight of the specific emission drops below and re- mains below the twenty percent (20%) specified above. Such reports shall be due and filed with the Administrator within thirty (30) days after the end of the reporting quarter. The beginning and ending dates of each quarter shall be es- tablished during the approval process. (Ord. 5676, 12-3-2012) i. Notification Required: Each facility subject to this standard shall be respon- sible for notifying the Administrator of all new initial emissions of a substance listed in the emission and density sched- ule in this subsection D13 and all in- creases in emissions of that specific substance for existing sources, above the twenty percent (20%) level specified in subsection D13h of this Section. Such notification will be in a report as per sub- section D13g of this Section. (Ord. 5676, 12-3-2012) j. Additional Reports Authorized: In addition to such reports as required above, the Administrator may designate and employ a licensed engineer of his choice to make an independent study and report as to the type and quantity of emissions which are or may be dis- charged from the source. The Adminis- trator shall be authorized to enter and inspect the facility upon a showing of need and upon the owner’s permission or upon court order. (Ord. 5676, 12-3-2012) k. Locational Restrictions for Facili- ties with Emissions: The site of bulk storage facilities emitting any of those substances listed in the emission and density schedule in this subsection D13 shall comply with the following limitation on location. No new facility or expansion of an existing facility shall be permitted within five thousand feet (5,000') of an ex- isting bulk storage facility if their com- bined emission for any of the listed sub- 4-4-110D (Revised 3/13)4 - 86 stances exceeds two (2) times the permit- ted annual emission of the substance for a single facility. The emissions of applica- ble existing facilities shall be reduced as per subsection D13l of this Section. l. Special Emission Standards for Existing Facilities: All existing bulk stor- age facilities on the effective date of this Section (9-18-1975) and emitting more than the maximum permitted emission of any listed substance shall be assumed as having the maximum permitted emis- sion for the purpose of calculating the lo- cational density of facilities as specified in subsection D13k of this Section. For the purpose of this standard, existing bulk storage facilities shall include those facilities for which substantial construc- tion, other than site preparation, is in progress and as determined by the Ad- ministrator. (Ord. 5676, 12-3-2012) m. Compliance Later Required for Existing Facilities: All existing facilities qualifying under subsection D13l of this Section shall comply with the emission standards set forth in the emission and density schedule in this subsection D13 within three (3) years of the effective date of this Section. A one-time extension of up to two (2) years may be granted upon the showing of good cause why compli- ance cannot be achieved within the spec- ified time period. (Ord. 5676, 12-3-2012) n. Efficiency Rating – Minimum: Emission control shall be required of those specific substances for which a re- port is required as per subsection D13h of this Section. Sources and/or points of emissions within the lot lines shall be suit- ably controlled to result in a reduction or recovery of emissions with an overall ef- ficiency for the facility of ninety percent (90%) or greater when compared to the uncontrolled facility and when the equip- ment and technology are readily avail- able. Sources and points of emission shall include the carrier vehicle and trans- fer mechanism when actively engaged in loading or unloading operations. Control shall include, but is not limited to, vapor recovery systems for volatile liquids and hoods or fully enclosed buildings with ex- haust fans and filters or their equivalent for transfer operations generating air- borne particulates. Such emission control shall be required even though the emis- sions of the bulk storage facility are below the maximum permitted levels. (Ord. 2962, 9-8-1975; Amd. Ord. 2967, 9-22-1975) TOTAL ANNUAL EMISSION AND SPATIAL DENSITY OF SPECIFIC SUBSTANCES SUBSTANCE MEASURED AS MAXIMUM WEIGHT PER FACILITY (Tons/Year) SPATIAL DENSITY1 (Units/Acre) LIMITATIONS Hydrocarbons Carbon 100.0 9.00 Tons None Water Vapor Sulfur Oxides Nitrogen Dioxide Carbon Monoxide Photochemical Oxidants Suspended Particulates Arsenic The annual emission per facility and spatial density shall be equivalent to the allowable emissions and ambient air concentrations established in Regulation 1 of the Puget Sound Air Pollution Control Agency 1 Fractions of an acre shall be allotted an equivalent portion of the emission and rounded out to the near- est significant figure as shown in the table. 4-4-130C 4 - 87 (Revised 2/15) E. VARIANCES: In the case of hardships affecting the subject property, variances to these bulk standards may be granted by the Hearing Examiner subject to the conditions of RMC 4-9-250B5. (Ord. 2962, 9-8-1975; Amd. Ord. 2967, 9-22-1975; Amd. Ord. 3101, 1-17-1977, eff. 1-1-1977) 4-4-120 STORAGE LOTS – OUTSIDE: A. SCREENING REQUIRED: Outside storage lots shall be effectively screened by a combination of landscaping and fencing along the perimeter. 1. Landscaping: A minimum of ten feet (10') landscaped strip is required between the property lines along public rights-of-way and the fence. The landscaping shall be of size and variety so as to provide an eighty percent (80%) opaque screen. 2. Fencing: The entire perimeter must be fenced by a minimum of an eight foot (8') high sight-obscuring fence. Gates may be left un- screened for security purposes. B. SURFACING: Storage areas may be surfaced with crushed rock or similar material subject to the approval of the De- velopment Services Division to minimize dust, con- trol surface drainage and provide suitable access. (Ord. 3653, 8-23-1982; Ord. 5100, 11-1-2004) 4-4-130 TREE RETENTION AND LAND CLEARING REGULATIONS: A. PURPOSE: This Section provides regulations for the clearing of land and the protection and preservation of trees, shrubs, and ground cover plants. The pur- poses of these regulations are to: 1. Preserve and enhance the City’s physical and aesthetic character by minimizing indis- criminate removal or destruction of trees, shrubs and ground cover; 2. Implement and further the goals and pol- icies of the City’s Comprehensive Plan for the environment, open space, wildlife habitat, vegetation, resources, surface drainage, wa- tersheds, and economics; 3. Promote land development practices that result in minimal adverse disturbance to ex- isting vegetation and soils within the City while at the same time recognizing that cer- tain factors such as condition (e.g., disease, danger of falling, etc.), proximity to existing and proposed structures and improvements, interference with utility services, protection of scenic views, and the realization of a reason- able enjoyment of property may require the removal of certain trees and ground cover; 4. Minimize surface water and groundwater runoff and diversion, and aid in the stabiliza- tion of soil, and minimize erosion and sedi- mentation, and minimize the need for addi- tional storm drainage facilities caused by the destabilization of soils; 5. Retain clusters of trees for the abatement of noise and for wind protection, and reduce air pollution by producing pure oxygen from carbon dioxide; 6. Protect trees during construction activi- ties from damage to tree roots, trunks, and branches; and 7. Recognize that trees increase real estate values. B. APPLICABILITY: The regulations of this Section apply to any devel- oped lot, and property where land development or routine vegetation management activities are un- dertaken or planned. C. ALLOWED TREE REMOVAL ACTIVITIES: Tree removal and associated use of mechanical equipment is permitted as follows, except as pro- vided in subsection D3 of this Section, Restric- tions for Critical Areas – General, and in RMC 4-3-110E5b, Urban Separator Overlay Regula- tions. Except as stated in subsection C9 of this Section, no Routine Vegetation Management Permit is required for the following activities/work: 1. Emergency Situations: Removal of trees and/or ground cover by the City and/or public or private utility in emergency situa- tions involving immediate danger to life or 4-4-130C (Revised 2/15)4 - 88 property, substantial fire hazards, or interrup- tion of services provided by a utility. 2. Dangerous Trees: Removal of a dan- gerous tree, as defined in RMC 4-11-200, Definitions T, that has been certified as such by a City approved, licensed landscape archi- tect or certified arborist. 3. Maintenance Activities/Essential Tree Removal – Public or Private Utilities, Roads and Public Parks: Maintenance ac- tivities including routine vegetation manage- ment and essential tree removal for public and private utilities, road rights-of-way and easements, and public parks. 4. Installation of SEPA Exempt Public or Private Utilities: Installation of distribution lines by public and private utilities; provided, that such activities are categorically exempt from the provisions of the State Environmen- tal Policy Act and RMC 4-9-070, Environmen- tal Review Procedures. 5. Existing and Ongoing Agricultural Ac- tivities: Clearing associated with existing and ongoing agricultural activities as defined in RMC 4-11-010, Definitions A. 6. Commercial Nurseries or Tree Farms: Removal of only those trees which are planted and growing on the premises of a li- censed retailer or wholesaler. 7. Public Road Expansion: Expansion of public roads, unless critical areas would be affected (refer to subsection C12 of this Sec- tion, Utilities, Traffic Control, Walkways, Bike- ways Within Existing, Improved Right-of-Way or Easements). 8. Site Investigative Work: Site investiga- tive work necessary for land use application submittals such as surveys, soil logs, perco- lation tests, and other related activities includ- ing the use of mechanical equipment to perform site investigative work, provided the work is conducted in accordance with the fol- lowing requirements: a. Investigative work should not disturb any more than five percent (5%) of any protected sensitive area described in subsection D3 of this Section, Restric- tions for Critical Areas – General, on the subject property. In every case, impacts shall be minimized and disturbed areas restored. b. In every location where site investi- gative work is conducted, disturbed ar- eas shall be minimized, and immediately restored. c. A notice shall be posted on the site by the property owner or owner’s agent indicating that site investigative work is being conducted, and that the work must minimize disturbance to the critical areas identified in subsection D3 of this Sec- tion, Restrictions for Critical Areas – Gen- eral. d. No site investigative work shall com- mence without first notifying the Commu- nity and Economic Development Administrator. (Ord. 5676, 12-3-2012) 9. Minor Tree Removal Activities: Except as provided in subsection D3 of this Section, Restrictions for Critical Areas – General, re- moval of trees and associated use of me- chanical equipment is permitted at the rates specified within the table below, provided subsections C9a through e of this Section are satisfied. A Routine Vegetation Management Permit is required for removal of trees in ex- cess of the rates listed below. Lot Size Maximum number of significant trees* allowed to be removed in any twelve (12) month period Maximum number of significant trees* allowed to be removed in five (5) years Lots up to 10,000 sq. ft. 2 4 Lots 10,001 to 20,000 sq. ft. 3 6 Lots 20,001 sq. ft. or greater 6 12 *Except landmark trees (greater than a thirty inch (30") caliper) shall not be removed without a Routine Vegetation Management Permit. 4-4-130D 4 - 89 (Revised 8/17) a. There is not an active land develop- ment application for the site; b. The trees proposed for removal are not protected trees; c. The tree is not a landmark tree; and d. Minimum Tree Density: i. A minimum tree density shall be maintained on each residentially zoned lot, as specified in the table below. The tree density may consist of existing trees, replacement trees, trees required pursuant to RMC 4-4-070F1, Street Frontage Land- scaping Required, or a combination. If the number of trees required in- cludes a fraction of a tree, any amount equal to or greater than one- half (1/2) shall be rounded up; and ii. Property owners are responsible for maintaining these trees in a healthy condition. (Ord. 5841, 6-12- 2017) e. Rights-of-Way Unobstructed: In conducting minor tree removal activities, rights-of-way shall not be obstructed un- less a right-of-way use permit is ob- tained. 10. Landscaping or Gardening Permit- ted: Land clearing in conformance with the provisions of subsection C9 of this Section, Minor Tree Removal Activities, and subsec- tion D3 of this Section, Restrictions for Critical Areas – General, is permitted for purposes of landscaping or gardening; provided, that no mechanical equipment is used. 11. Operational Mining/Quarrying: Land clearing and tree removal associated with previously approved operational mining and quarrying activities. 12. Utilities, Traffic Control, Walkways, Bikeways within Existing, Improved Rights-of-Way or Easements: Within exist- ing improved public road rights-of-way or easements, installation, construction, re- placement, operation, overbuilding, or alter- ation of all natural gas, cable, communication, telephone and electric facili- ties, lines, pipes, mains, equipment or appur- tenances, traffic control devices, illumination, walkways and bikeways. If activities exceed the existing improved area or the public right- of-way, this exemption does not apply. Resto- ration of disturbed areas shall be completed. 13. Land Development Permit Required: Tree removal authorized by a Land Develop- ment Permit. (Ord. 5650, 12-12-2011) D. PROHIBITED ACTIVITIES: 1. Tree Cutting in Advance of Issuance of Land Development Permit: There shall be no tree removal or land clearing on any site for the sake of preparing that site for fu- ture development unless a Land Develop- ment Permit, as defined in RMC 4-11-120, Definitions L, for the City approved site. (Ord. 5450, 3-2-2009) 2. Tree Cutting or Vegetation Manage- ment without Required Routine Vegeta- tion Management Permit: a. Tree cutting in excess of the limits established in subsection C9 of this Sec- tion, Minor Tree Removal Activities, is prohibited unless a Routine Vegetation Management Permit has been granted. b. Routine vegetation management on an undeveloped property without a Rou- tine Vegetation Management Permit is prohibited. c. Use of non-exempt mechanical equipment (mechanical equipment with more than twenty seven (27) horse- Type of Residential Development Minimum Tree Density Multi-family development (attached dwellings)3 Four (4) significant trees1 for every five thousand (5,000) sq. ft. Single family development (detached dwellings)2 Two (2) significant trees1 for every five thousand (5,000) sq. ft. 1Or the gross equivalent of caliper inches provided by one or more trees. 2Lots developed with detached dwellings in the R-10 and R-14 zones are exempt. 3Development in the RMF zone is exempt. 4-4-130E (Revised 8/17)4 - 90 power) without a Routine Vegetation Management Permit is prohibited. 3. Restrictions for Critical Areas – Gen- eral: Unless exempted by critical areas, RMC 4-3-050C5 or Shoreline Master Program Regulations, RMC 4-3-090, no tree removal, or land clearing, or ground cover manage- ment is permitted: a. On portions of property with: i. Critical habitats, pursuant to RMC 4-3-050K, Habitat Conservation; ii. Streams and lakes, pursuant to RMC 4-3-050L, Streams and Lakes; iii. Shorelines of the State, pursu- ant to RMC 4-3-090, Shoreline Mas- ter Program Regulations; and iv. Wetlands and wetland buffers, pursuant to RMC 4-3-050M, Wet- lands; b. On protected slopes except as al- lowed in this Section or in the Critical Ar- eas Regulations, RMC 4-3-050; or c. Areas classified as very high land- slide hazards, except as allowed in this Section or in the Critical Areas Regula- tions, RMC 4-3-050. 4. Restrictions for Native Growth Protec- tion Areas: Tree removal or land clearing shall not be permitted within a native growth protection area except as provided in RMC 4-3-050E4, Native Growth Protection Areas. (Ord. 5650, 12-12-2011) 5. Tree Topping: Tree topping shall be pro- hibited unless the City has approved the tree for removal. 6. Removal of Landmark Tree: The re- moval of a landmark tree (a tree with a caliper of thirty inches (30") or greater) is prohibited without an approved Routine Vegetation Management Permit or a Land Development Permit. E. REVIEW AUTHORITY: 1. Authority and Interpretation: The Community and Economic Development Ad- ministrator is authorized and directed to inter- pret and enforce all the provisions of this Section when no other permit or approval re- quires Hearing Examiner review. The Admin- istrator may require retention above the minimum standards, to require phasing of tree retention plans, or to require any other measures to meet the purpose of this Sec- tion. 2. Independent Secondary Review: The Administrator may require independent re- view of any land use application that involves tree removal and land clearing at the City’s discretion. An evaluation by an independent qualified professional regarding the appli- cant’s analysis on the effectiveness of any proposed removal, retention, or replacement measures, to include recommendations as appropriate. This review shall be paid for by the applicant and the City shall select the third-party review professional. (Ord. 5676, 12-3-2012) F. PERMITS REQUIRED: 1. Land Development Permit Required for Site Preparation: An approved land de- velopment permit, as defined in RMC 4-11-120, Definitions L, is required in order to conduct tree removal or land clearing on any site for the sake of preparing that site for fu- ture development. 2. Routine Vegetation Management Per- mit Required for the Following Activities: a. Routine Vegetation Management on Undeveloped Properties: Any per- son who performs routine vegetation management, as defined in RMC 4-11-180, Definitions R, on undeveloped property in the City must obtain a Routine Vegetation Management Permit prior to performing such work. b. Use of Mechanical Equipment: Ex- cept where mechanical equipment is twenty seven (27) horsepower or less, any person who uses mechanical equip- ment for routine vegetation management, land clearing, tree removal, landscaping, 4-4-130F 4 - 90.1 (Revised 8/17) or gardening must obtain a Routine Veg- etation Management Permit prior to per- forming such work. c. Tree Removal in Excess of Maxi- mum Allowance: A Routine Vegetation Management Permit shall be required for (Revised 8/17)4 - 90.2 This page left intentionally blank. 4-4-130G 4 - 91 (Revised 9/15) tree cutting in greater amounts than specified under subsection C9 of this Section, Minor Tree Removal Activities, where tree cutting is proposed without an associated Land Development Permit. Any tree cutting activities shall be the minimum necessary to accomplish the in- tended purpose, and shall be consistent with subsection D3 of this Section, Re- strictions for Critical Areas – General. Trees removed in excess of the maxi- mum amount allowed under subsection C9 of this Section, Minor Tree Removal Activities, shall be subject to RMC 4-4-130H1e, Replacement Require- ments, unless determined by the Admin- istrator to be unfeasible in the specific case. d. Removal of Landmark Tree: A Land Development Permit or Routine Vegetation Management Permit, which explicitly approves the removal of a land- mark tree, as defined by RMC 4-11-200, Definitions T, from any property. Replace- ment trees are required if the minimum tree density for the subject property is not maintained upon removal of the tree. Re- moval of a landmark tree may be granted for situations where: i. The tree is determined to be a dangerous tree; or ii. The tree is causing obvious physical damage to structures in- cluding but not limited to building foundations, driveways or parking lots, and for which no reasonable al- ternative to tree removal exists. Rou- tine maintenance of roofs that is required due to leaf fall does not con- stitute obvious physical damage to structures; or iii. Removal of tree(s) to provide so- lar access to buildings incorporating active solar devices. Windows are solar devices only when they are south-facing and include special storage elements to distribute heat energy; or iv. The Administrator determines the removal is necessary to achieve a specific and articulable purpose or goal of this Title. 3. Conditional Use Permit Required for Timber Stand Thinning: While timber har- vesting shall not be permitted until such time as a valid land development is approved, a request may be made for maintenance and thinning of existing timber stands to promote the overall health and growth of the stand. Permits allowing thinning beyond the limits al- lowed in subsection C9 of this Section, Minor Tree Removal Activities, shall be considered as a Conditional Use Permit by the Hearing Examiner according to the following criteria: a. Appropriate approvals have been sought and obtained with the Washington State Department of Natural Resources; and b. The activity shall improve the health and growth of the stand and maintain long-term alternatives for preservation of trees; and c. The activity shall meet the provisions of subsections H4, Applicability, Perfor- mance Standards and Alternates, and H5, General Review Criteria, of this Sec- tion; and d. Thinning activities shall conform to the basal area density recommendations of the Washington State Department of Natural Resources, but shall not reduce the volume of tree canopy by more than forty percent (40%); and e. A Tree Retention/Land Clearing (Tree Inventory) Plan, as defined in RMC 4-8-120D, Definitions T, shall be re- quired. (Ord. 5650, 12-12-2011) G. ROUTINE VEGETATION MANAGEMENT PERMIT REVIEW PROCESS: Permits for routine vegetation management shall be processed consistent with RMC 4-9-195, Rou- tine Vegetation Management Permits. 4-4-130H (Revised 9/15)4 - 92 H. PERFORMANCE STANDARDS FOR LAND DEVELOPMENT/BUILDING PERMITS: 1. Protected Trees – Retention Required: Significant trees required to be retained pur- suant to subsection H1a of this Section, Per- centage of Tree Retention Based on Zones, are considered “protected trees.” Protected trees may contribute to each residential lot’s required minimum tree density, but any trees that are in excess of an individual lot’s mini- mum tree density shall not contribute to the total number of trees that are required to be retained for the Land Development Permit. Protected trees that do not contribute to a lot’s required minimum tree density shall be held in perpetuity within a tree protection tract pursuant to subsection H2 of this Section, Tree Protection Tract; protected trees on an individual lot are the responsibility of the lot owner and may only be removed if in compli- ance with subsection C of this Section, Al- lowed Tree Removal Activities. Significant trees shall be retained as follows: a. Percentage of Tree Retention Based on Zones: Properties subject to an active Land Development Permit or building permit shall retain the following percentages of significant trees based on the property’s zone. Trees within critical areas and proposed public rights-of-way shall not contribute to the number of sig- nificant trees required to be retained. i. RC, R-1, R-4, R-6 and R-8 Zones: At least thirty percent (30%) of the significant trees shall be re- tained in a residential or institutional development. ii. R-10, R-14, RMF and RMH: At least twenty percent (20%) of the sig- nificant trees shall be retained in a residential or institutional develop- ment. iii. All Other Zones: At least ten percent (10%) of the significant trees shall be considered protected and re- tained in commercial or industrial de- velopments. iv. Utility Uses and Mineral Ex- traction Uses: Such operations shall be exempt from the protected tree retention requirements of this Section if the applicant can justify the exemption in writing to the Adminis- trator’s satisfaction. (Ord. 5676, 12-3-2012; Ord. 5759, 6-22-2015) b. Priority of Tree Retention Require- ments: Significant trees shall be retained in the following priority order: c. Calculating Tree Retention: Tree retention standards shall be applied to the developable area of a property (i.e., land within critical areas and their buffers, public rights-of-way, private PUD streets, shared driveways, and public trails shall be excluded). If the number to be re- tained includes a fraction of a tree, any Priority One i. Landmark trees; ii. Significant trees that form a continuous canopy; iii. Significant trees on slopes greater than twenty percent (20%); iv. Significant trees adjacent to critical areas and their associated buffers; and v. Significant trees over sixty feet (60') in height or greater than eighteen inches (18") caliper. Priority Two i. Healthy tree groupings whose associated undergrowth can be preserved; ii. Other significant native evergreen or deciduous trees; and iii. Other significant non- native trees. Priority Three Alders and cottonwoods shall be retained when all other trees have been evaluated for retention and are not able to be retained, unless the alders and/or cottonwoods are used as part of an approved enhancement project within a critical area or its buffer. 4-4-130H 4 - 93 (Revised 8/17) amount equal to or greater than one-half (1/2) tree shall be rounded up. d. Minimum Tree Density: Pursuant to subsection C9e of this Section, Minimum Tree Density, each residential lot to be created by subdivision shall have re- tained, or newly planted, trees that satisfy the lot’s minimum tree density require- ment. Any protected tree, whether re- tained or newly planted, that is in excess of the individual lot’s minimum tree den- sity shall not contribute to the total num- ber of trees that are required to be retained for the Land Development Per- mit. e. Replacement Requirements: As an alternative to retaining trees, the Admin- istrator may authorize the planting of re- placement trees on the site if it can be demonstrated to the Administrator’s sat- isfaction that an insufficient number of trees can be retained. i. Replacement Ratio: When the required number of protected trees cannot be retained, replacement trees, with at least a two-inch (2") cal- iper or an evergreen at least six feet (6') tall, shall be planted at a rate of twelve (12) caliper inches of new trees to replace each protected tree removed. Up to fifty percent (50%) of trees required pursuant to RMC 4-4-070, Landscaping, may contrib- ute to replacement trees. The City may require a surety or bond to en- sure the survival of replacement trees. ii. Prohibited Types of Replace- ment Trees: Unless replacement trees are being used as part of an ap- proved enhancement project in a crit- ical area or buffer, they shall not consist of the following species: (a) All Populus species includ- ing cottonwood (Populus tricho- carpa), quaking aspen (Populus tremuloides), lombardy poplar (Populus nigra “Italica”), etc.; (b) All Alnus species, which in- cludes red alder (Alnus ore- gona), black alder (Alnus glutinosa), white alder (Alnus rhombifolia), etc.; (c) Salix species, which in- cludes weeping willow (Salix babylonica), etc.; and (d) All Platanus species, which include London plane tree (Pla- tanus acerifolia), American syca- more, buttonwood (Platanus occidentalis), etc. iii. Fee in Lieu: When the Adminis- trator determines that it is infeasible to replace trees on the site, payment into the City’s Urban Forestry Pro- gram fund may be approved in an amount of money approximating the current market value of the replace- ment trees and the labor to install them. The City shall determine the value of replacement trees. 2. Tree Protection Tract: Trees required to be retained (i.e., protected trees), and/or Ad- ministrator approved replacement trees (ex- cluding required street trees pursuant to RMC 4-4-070F, Areas Required to be Land- scaped), that are not necessary to provide the required minimum tree density for resi- dential lots, shall be preserved by establish- ing a tree protection tract that encompasses the drip line of all protected trees; however, multiple tree protection tracts may be ap- proved if it can be demonstrated, to the Ad- ministrator’s satisfaction, that multiple tracts provide a better site design and/or support other adopted goals and purposes of this Ti- tle. a. Applicability: Tree protection tracts shall be required for any protected trees that are not located on an individual lot. Tree protection tracts may contribute to open space requirements, if applicable. b. Standards: i. Tree protection tracts should con- sist of an aggregation of trees occu- pying a specific area and sufficiently uniform in species composition, size, age, arrangement, and condition as 4-4-130H (Revised 8/17)4 - 94 to be distinguished from adjoining ar- eas; ii. Trees shall be retained and maintained pursuant to the recom- mendations of a City approved certi- fied arborist or licensed landscape architect, as stated within the re- quired Tree Retention/Land Clearing (Tree Inventory) Plan; iii. Amenities, as approved by the Administrator, may be installed to fa- cilitate passive recreation within the tract. Such amenities might include, but are not limited to, benches, picnic tables, and soft surface (semi-per- meable) trails. c. Tract Creation and Deed Restric- tion: The permit holder shall establish and record a permanent and irrevocable deed restriction on the property title of any tree protection tract or tracts created as a condition of a permit. Such deed re- striction(s) shall prohibit development, al- teration, or disturbance within the tract except for purposes of installing Adminis- trator approved amenities, or habitat en- hancement activities as part of an enhancement project, which has re- ceived prior written approval from the City. A covenant shall be placed on the tract restricting its separate sale. d. Fencing: The City shall require per- manent fencing of the tree protection tract. This shall be accomplished by in- stalling a wood, split-rail fence with appli- cable signage. The Administrator may approve pedestrian-sized openings for the purpose of facilitating passive recre- ation within the tract for the benefit of the community. The Administrator may au- thorize alternate styles and/or materials for the required fencing. e. Signage Required: The common boundary between a tree protection tract and the abutting land must be perma- nently identified. This identification shall include permanent wood or metal signs on treated wood, or metal posts. Sign lo- cations and size specifications are sub- ject to City review for approval. Suggested wording is as follows: “Protec- tion of these trees is in your care. Alter- ation or disturbance is prohibited by law.” f. Responsibility for Ownership and Maintenance: The relevant homeown- ers’ association, abutting lot owners, the permit applicant or designee, or other City approved entity shall have owner- ship and responsibility for maintaining the tree protection tract(s) and protected trees. g. Maintenance Covenant and Note Required: The following note shall ap- pear on the face of all plats, short plats, PUDs, or other approved site plans con- taining at least one tree protection tract, and shall also be recorded as a covenant running with the land on the title of record for all affected lots on the title: “MAINTE- NANCE RESPONSIBILITY: All owners of lots created by or benefiting from this City action are responsible for maintenance and protection of the tree protection tract. Maintenance includes ensuring that no alterations occur within the tract and that all vegetation remains undisturbed un- less the express written authorization of the City has been received.” 3. Plan Required: When a Land Develop- ment Permit, as defined in RMC 4-11-120, is submitted to the City it shall be accompanied by a Tree Retention/Land Clearing (Tree In- ventory) Plan as defined in RMC 4-8-120D20, Submittal Requirements – Spe- cific to Application Type. 4. Applicability, Performance Standards and Alternates: All land clearing and tree re- moval activities shall conform to the criteria and performance standards set forth in this Section unless otherwise recommended in an approved soil engineering, engineering geology, hydrology, or forest management plan and where the alternate procedures will be equal to or superior in achieving the pur- poses of this Section. All land clearing and tree removal activities may be conditioned to ensure that the standards, criteria, and pur- poses of this Section are met. 5. Review Criteria: All land clearing and tree removal activities shall comply with RMC 4-4-060, Grading, Excavation, and Mining 4-4-130H 4 - 95 (Revised 8/17) Regulations, and shall meet the following cri- teria: a. The land clearing and tree removal will not create or contribute to landslides, accelerated soil creep, settlement or sub- sidence, flooding, erosion, or increased turbidity, siltation or other form of pollu- tion in a watercourse. b. Land clearing and tree removal will be conducted to maintain or provide vi- sual screening and buffering between land uses of differing intensity, consistent with applicable landscaping and setback provisions of the Renton Municipal Code. c. Land clearing and tree removal shall be conducted so as to expose the small- est practical area of soil to erosion for the least possible time, consistent with an approved build-out schedule and includ- ing any necessary erosion control mea- sures. d. Land clearing and tree removal shall be consistent with subsection D3 of this Section, Restrictions for Critical Areas – General, and RMC 4-3-050, Critical Ar- eas Regulations. e. The land clearing and tree removal shall not create or contribute to a hazard- ous condition, such as increased poten- tial for blowdown, pest infestation, disease, or other problems that may re- sult from selectively removing trees and other vegetation from a lot. f. Land clearing and tree removal shall be conducted to maximize the preserva- tion of any tree in good health that is an outstanding specimen because of its size, form, shape, age, color, rarity, or other distinction as a community land- mark. (Ord. 5840, 6-12-2017) 6. Timing: The City may restrict the timing of the land clearing and tree removal activi- ties to specific dates and/or seasons when such restrictions are necessary for the public health, safety and welfare, or for the protec- tion of the environment. 7. Restrictions for Critical Areas: See subsection D3 of this Section, Restrictions for Critical Areas – General, and RMC 4-3-050, Critical Areas Regulations. 8. Tree/Ground Cover Retention: The fol- lowing measures may be used in conditioning a land development permit or building permit proposal, to comply with the general review criteria of subsection H5 of this Section, Gen- eral Review Criteria: a. Trees shall be maintained to the maximum extent feasible on the property where they are growing. Modification of the tree retention and land clearing plan, or the associated Land Development Permit, may be required to ensure the re- tention of the maximum number of trees. b. The applicant may be required to re- place trees, provide interim erosion con- trol, hydroseed exposed soils, or other similar conditions which would implement the intent of this Section. c. Trees that shelter interior trees or trees on abutting properties from strong winds that could otherwise cause them to blow down should be retained. (Ord. 5676, 12-3-2012) 9. Protection Measures During Con- struction: Protection measures in this sub- section shall apply for all trees that are to be retained on site and off site. Off-site trees containing drip lines that encroach onto the site under construction shall be considered protected trees unless it is determined the abutting property owner is in compliance with subsection C of this Section, Allowed Tree Removal Activities. All of the following tree protection measures shall apply: a. Construction Storage Prohibited: The applicant may not fill, excavate, stack or store any equipment, dispose of any materials, supplies or fluids, operate any equipment, install impervious sur- faces, or compact the earth in any way within the area defined by the drip line of any tree to be retained. b. Fenced Protection Area Required: Prior to development activities, the appli- cant shall erect and maintain six-foot (6') high chain link temporary construction fencing around the drip lines of all re- 4-4-130I (Revised 8/17)4 - 96 tained trees or at a distance surrounding the tree equal to one and one-quarter feet (1-1/4') for every one inch (1") of trunk caliper, whichever is greater, or along the perimeter of a tree protection tract. Placards shall be placed on fencing every fifty feet (50') indicating the words, “NO TRESPASSING – Protected Trees,” or on each side of the fencing if less than fifty feet (50'). Site access to individually protected trees or groups of trees shall be fenced and signed. Individual trees shall be fenced on four (4) sides. In addi- tion, the applicant shall provide supervi- sion whenever equipment or trucks are moving near trees. c. Protection from Grade Changes: If the grade level adjoining to a tree to be retained is to be raised, the applicant shall construct a dry rock wall or rock well around the tree. The diameter of this wall or well must be equal to the tree’s drip line. d. Impervious Surfaces Prohibited within the Drip Line: The applicant may not install impervious surface material within the area defined by the drip line of any tree to be retained. e. Restrictions on Grading within the Drip Lines of Retained Trees: The grade level around any tree to be re- tained may not be lowered within the greater of the following areas: (i) the area defined by the drip line of the tree, or (ii) an area around the tree equal to one and one-half feet (1-1/2') in diameter for each one inch (1") of tree caliper. A larger tree protection zone based on tree size, spe- cies, soil, or other conditions may be re- quired. (Ord. 5676, 12-3-2012) f. Mulch Layer Required: All areas within the required fencing shall be cov- ered completely and evenly with a mini- mum of three inches (3") of bark mulch prior to installation of the protective fenc- ing. Exceptions may be approved if the mulch will adversely affect protected ground cover plants. (Ord. 5676, 12-3-2012) g. Monitoring Required during Con- struction: The applicant shall retain a certified arborist or licensed landscape architect to ensure trees are protected from development activities and/or to prune branches and roots, fertilize, and water as appropriate for any trees and ground cover that are to be retained. h. Alternative Protection: Alternative safeguards may be used if determined to provide equal or greater tree protection. (Ord. 5676, 12-3-2012; Ord. 5841, 6-12- 2017) 10. Maintenance: a. All retained and replacement trees, including protected trees, shall be main- tained in perpetuity from the date of the fi- nal Land Development Permit issued for the project, unless tree removal is autho- rized pursuant to this Section; b. All retained trees and vegetation shall be pruned and trimmed to maintain a healthy growing condition or to prevent limb failure; c. With the exception of dangerous trees specifically retained to provide wild- life habitat, any protected tree that be- comes a dangerous tree, as defined in RMC 4-11-200, or any protected or re- placement tree that is stolen, shall be re- placed within three (3) months or during the next planting season if the loss does not occur in a planting season. I. MODIFICATIONS: The Administrator shall have the authority to grant modifications from the provisions of this Section pursuant to RMC 4-9-250D, Modification Procedures, when no other permit or approval re- quires Hearing Examiner review. (Ord. 5519, 12-14-2009; Ord. 5676, 12-3-2012) J. VIOLATIONS AND PENALTIES: 1. Penalties: Penalties for any violation of any of the provisions of this Section shall be in accordance with RMC 1-3-2, Code En- forcement and Penalties. In a prosecution un- der this Section, each tree removed, damaged or destroyed will constitute a sepa- rate violation, and the monetary penalty for each violation shall be no less than the mini- 4-4-140B 4 - 97 (Revised 5/18) mum penalty, and no greater than the maxi- mum penalty of RMC 1-3-2P, Penalties. 2. Additional Liability for Damage: In ad- dition, any person who violates any provision of this Section or of a permit shall be liable for all damages to public or private property aris- ing from such violation, including the cost of restoring the affected area to its condition prior to such violation. 3. Restoration Required: The City may re- quire replacement of all improperly removed ground cover with species similar to those which were removed or other approved spe- cies such that the biological and habitat val- ues will be replaced. Restoration shall include installation and maintenance of in- terim and emergency erosion control mea- sures that shall be required as determined by the City. 4. Replacement Required: The City may require, for each tree that was improperly cut and/or removed in violation of this Section, replacement planting with one or more trees of equal quality and species at a ratio of one- to-one (1:1) caliper inches. The replacement trees will be of sufficient caliper to adequately replace the lost tree(s), and be a minimum of two (2) caliper inches. The City may require a bond to ensure the survival of replacement trees. If the Administrator determines that it is infeasible to replace trees on the site, pay- ment into the City’s Urban Forestry Program fund may be approved in an amount of money approximating the current market value of the replacement trees and the labor to install them. The City shall determine the value of replacement trees. (Ord. 5867, 12- 11-2017) 5. Stop Work: For any parcel on which trees and/or ground cover are improperly re- moved and subject to penalties under this Section, the City shall stop work on any exist- ing permits and halt the issuance of any or all future permits or approvals until the property is fully restored in compliance with this Sec- tion and all penalties are paid. (Ord. 4219, 6-5-1989; Amd. Ord. 4835, 3-27-2000; Ord. 4851, 8-27-2000; Ord. 4963, 5-13-2002; Ord. 5132, 4-4-2005; Ord. 5137, 4-25-2005; Ord. 5304, 9-17-2007; Ord. 5748, 1-12-2015) 4-4-140 WIRELESS COMMUNICATION FACILITIES: A. PURPOSE: The purposes of this Section are to: 1. Provide a variety of locations and options for wireless communication providers while minimizing the visual impacts associated with wireless communication facilities; 2. Encourage creative approaches in locat- ing and designing wireless communication facilities that blend in with the surroundings of such facilities; 3. Provide standards that comply with the Telecommunications Act of 1996 (“the Tele- communications Act”); the provisions of this Section are not intended to and shall not be interpreted to prohibit or have the effect of prohibiting personal wireless services as de- fined in the Telecommunications Act; and 4. Administer the provisions of this Section in such a manner as to not unreasonably dis- criminate between providers of functionally equivalent personal wireless services, as de- fined in the Telecommunications Act. B. GOALS: 1. Commercial Wireless Facilities: a. Encourage the location of towers in nonresidential areas and minimize the to- tal number of towers throughout the com- munity; b. Encourage the joint-use of new and existing towers; c. Encourage users of towers and an- tennas to locate them, to the extent feasi- ble, in areas where the visual impact on the community is significantly minimized; d. Encourage users of towers and an- tennas to configure them in a way that minimizes the visual impact of the towers and antennas; and e. Enhance the ability of the providers of telecommunications services to pro- 4-4-140C (Revised 5/18)4 - 98 vide such services to the community quickly, effectively, and efficiently. 2. Amateur Radio Antennas: The goals of this Section are to ensure the interests of neighboring property owners are considered while reasonably accommodating amateur radio communications so as to comply with applicable Federal law. These regulations are not intended to preclude amateur radio com- munications. (Ord. 5675, 12-3-2012) C. APPLICABILITY AND AUTHORITY: No person shall place, construct, reconstruct or modify a wireless communication facility within the City without an Administrator issued permit, except as provided by this Title or chapter 5-19 RMC, and a Building Official issued permit. The Administrator shall have discretion to approve or deny elements of a WCF where standards pro- vide flexibility or subjectivity; the same discretion is given to the Hearing Examiner for applications requiring a public hearing. (Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012) D. COLLOCATION REQUIRED: 1. Evaluation of Existing Support Struc- tures: With the exception of support struc- tures to facilitate the deployment of small cell facilities, no new support structure shall be permitted unless the applicant demonstrates to the Administrator’s satisfaction that no ex- isting tower or support structure can accom- modate the applicant’s proposed WCF. Evidence submitted to demonstrate that an existing tower or structure cannot accommo- date the applicant’s proposed antenna may consist of any of the following: a. No existing towers or structures are located within the geographic area re- quired to meet the applicant’s engineer- ing requirements. b. Existing towers or structures are not of sufficient height to meet the applicant’s engineering requirements. c. Existing towers or structures do not have sufficient structural strength to sup- port the applicant’s proposed antenna and related equipment. d. The applicant’s proposed antenna would cause electromagnetic interfer- ence with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant’s proposed antenna. e. The fees, costs, or contractual provi- sions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceed- ing new tower development are pre- sumed to be unreasonable. f. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuit- able. 2. Cooperation of Providers in Colloca- tion Efforts: With the exception of support structures deploying small cell facilities, a permittee shall cooperate with other provid- ers in collocating additional antennas on sup- port structures, provided the proposed collocators have received a building permit for such use at the site from the City. A per- mittee shall exercise good faith in collocating with other providers and sharing the permit- ted site, provided such shared use does not give rise to a substantial technical level of im- pairment of the ability to provide the permitted use (i.e., a significant interference in broad- cast or reception capabilities as opposed to a competitive conflict or financial burden). Such good faith shall include sharing technical in- formation to evaluate the feasibility of collo- cation. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the City may require a third-party technical study at the ex- pense of either or both the applicant and per- mittee. 3. Reasonable Efforts: All applicants shall demonstrate reasonable efforts in developing a collocation alternative for their proposal. E. ALTERATION OF EXISTING WIRELESS COMMUNICATION FACILITY (WCF) SUPPORT STRUCTURES: 1. Minor Alteration: A proposed colloca- tion and/or modification to a lawfully existing WCF support structure that does not sub- 4-4-140F 4 - 99 (Revised 5/18) stantially change the physical dimensions of the WCF shall be a minor alteration and ex- empt from conditional use permit require- ments. A minor alteration is an eligible facilities request as that term is used pursu- ant to Section 6409(a) of the Spectrum Act and its implementing regulations. A modifica- tion substantially changes the physical di- mensions of an eligible support structure if it meets any of the following criteria: a. Height: For towers other than towers in the public rights-of-way, it increases the height of the tower by more than ten percent (10%), or by the height of one ad- ditional antenna array with separation from the nearest existing antenna not to exceed twenty feet (20'), whichever is greater; for other eligible support struc- tures, it increases the height of the struc- ture by more than ten percent (10%) or more than ten feet (10'), whichever is greater; b. Width: For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet (20'), or more than the width of the tower structure at the level of the appurte- nance, whichever is greater; for other eli- gible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet (6'). c. Equipment Cabinets: i. For any eligible support structure, it involves installation of more than the standard number of new equip- ment cabinets for the technology in- volved, but not to exceed four (4) cabinets; and ii. For towers in the public rights-of- way and base stations, it involves in- stallation of any new equipment cab- inets on the ground if there are no preexisting ground cabinets associ- ated with the structure; or involves in- stallation of ground cabinets that are more than ten percent (10%) larger in height or overall volume than any other ground cabinets associated with the structure; d. Excavation: It entails any excava- tion or deployment outside the current site; e. Concealment: It would defeat the concealment elements of the eligible support structure; or f. Entitlement: It does not comply with conditions associated with the siting ap- proval of the construction or modification of the eligible support structure or base station equipment; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in subsections E1a through d of this Section. 2. Major Alteration: Any change that is not a minor alteration is a major alteration. 3. Original Dimensions: An increase in height and/or width of a WCF due to a collo- cation and/or modification shall be measured against the dimensions of the original support structure in cases where deployments are or will be separated horizontally, such as on buildings’ rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurte- nances and any modifications that were ap- proved prior to the passage of the Spectrum Act. 4. Review Time Period: Requests for mi- nor alterations, as described in this subsec- tion, shall be reviewed for completeness and approval or denial within sixty (60) days. (Ord. 5798, 4-25-2016) F. STANDARDS AND REQUIREMENTS FOR ALL TYPES OF WIRELESS COMMUNICATIONS FACILITIES: 1. Equipment Shelters/Cabinets: a. Location: Except for equipment re- lated to small cell facilities, equipment shelters and cabinets used to house re- lated equipment should be located within 4-4-140F (Revised 5/18)4 - 100 buildings or placed underground, unless it is infeasible. However, in those cases where it can be demonstrated by the ap- plicant that the equipment cannot be lo- cated in buildings or underground, equipment shelters or cabinets shall be screened to the Administrator’s satisfac- tion. b. Screening: Equipment shelters and cabinets for all facilities other than small cell facilities shall be surrounded by a fif- teen-foot (15') wide sight-obscuring land- scape buffer along the outside perimeter of required security fencing with a mini- mum height that is no less than the height of the compound fence at any point; how- ever, existing topography, vegetation and other site characteristics may provide re- lief from the screening requirement. The required landscaped areas shall include an automated irrigation system, unless the applicant is able to justify an excep- tion to this requirement to the Administra- tor’s satisfaction. Related equipment facilities located on the roof of any build- ing need not be landscaped but shall be screened on all sides in a manner that complements and blends with the sur- roundings so as to be shielded from view. Related equipment facilities shall not be enclosed with exposed metal surfaces. Equipment shelters and cabinets for small cell facilities shall be concealed in accordance with subsection J of this Sec- tion. (Ord. 5798, 4-25-2016) c. Size: The applicant shall provide documentation that the size of any equip- ment shelters or cabinets is the minimum necessary to meet the provider’s service needs, and meets any size requirements of this Code. The area of the compound may be greater than is necessary in order to accommodate future collocations, but the area reserved for future equipment shelters/cabinets shall be the minimum necessary for the documented WCF ca- pacity. (Ord. 5676, 12-3-2012) d. Generators: i. Architectural integration is re- quired (if applicable). ii. To the extent feasible, genera- tors shall be enclosed along with the related equipment. Similar to equip- ment shelters, the screening for the generator shall utilize similar building materials, colors, accents, and tex- tures as the primary building; if no buildings exist on site, ensure that the building is designed to blend in with the environment. iii. A screening wall and/or land- scaping material shall be required to mitigate visual impacts. iv. Fences shall be constructed of materials that complement and blend in with the surroundings. v. Anti-graffiti finish shall be applied to all solid fences, walls, and gates. vi. A noise analysis shall be re- quired to demonstrate that the gener- ator will operate within allowed noise limits if the generator is the sole power source. 2. Maximum Height: All wireless commu- nication facilities shall comply with RMC 4-3-020, Airport Related Height and Use Re- strictions. In addition, all wireless communi- cation facilities shall comply with the height limitation of the applicable zoning district, ex- cept as follows: a. Monopole I: Less than sixty feet (60') for all zones. Antennas may extend sixteen feet (16') above the monopole I support structure. b. Monopole II: No more than thirty five feet (35') higher than the maximum height for the applicable zoning district, or one hundred fifty feet (150'), whichever is less. Antennas may extend sixteen feet (16') above the monopole II support structure. c. Stealth Towers: The maximum al- lowed height of a stealth tower shall be one hundred fifty feet (150'); however, the allowed height for a specific type of stealth facility shall be determined through the Conditional Use Permit re- 4-4-140F 4 - 101 (Revised 5/18) view process and the standards of this Section. d. Rooftop WCF: Concealed and/or camouflaged WCFs erected on a rooftop may extend up to sixteen feet (16') above the allowed zone height. e. Utility Poles: i. Proposed replacement utility poles, for the purpose of siting wire- less communication facilities other than small cell facilities, shall be no more than twenty feet (20') taller than adjacent utility poles; ii. Utility poles used for the siting of wireless communication facilities other than small cells on residentially zoned private property shall be no taller than forty five feet (45'), unless those poles are transmission utility poles, in which case the proposed re- placement utility pole cannot be more than twenty feet (20') taller than the existing pole; iii. Small cell facility deployments on existing and replacement utility poles shall be regulated in accor- dance with subsection J of this Sec- tion. (Ord. 5798, 4-25-2016) 3. Visual Impact: Site location and devel- opment shall preserve the pre-existing char- acter of the surrounding buildings and landscape to the extent consistent with the function of the communications equipment. Towers shall be integrated through location and design to blend in with the existing char- acteristics of the site to the extent practical. Existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized, unless such disturbance would result in less adverse vi- sual impact to the surrounding area. Towers, antennas and related equipment shall be uni- formly painted a nonreflective neutral color that best matches the colors within the imme- diately surrounding built and natural land- scape in order to reduce the contrast between the WCF and the landscape. 4. Setbacks: Towers shall be set back from each property line by a distance equal to the tower height, unless an engineering analysis concludes that a reduced setback is safe for abutting properties and the Administrator de- termines that a reduced setback is appropri- ate for the site. 5. Maximum Noise Levels: No equipment shall be operated so as to produce noise in levels above forty five (45) decibels as mea- sured from the nearest property line on which the wireless communication facility is located. Operation of a back-up power generator in the event of power failure or the testing of a back-up generator between eight o’clock (8:00) a.m. and nine o’clock (9:00) p.m. are exempt from this standard. No testing of back-up generators shall occur between the hours of nine o’clock (9:00) p.m. and eight o’clock (8:00) a.m. 6. Fencing: Security fencing shall be re- quired and shall be painted or coated with a nonreflective neutral color. Fencing shall comply with the requirements listed in RMC 4-4-040, Fences, Hedges, and Retaining Walls. 7. Lighting: Towers or antennas shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the Administrator may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. Security lighting for the equipment shelters or cabinets and other on-the-ground ancillary equipment is also permitted, as long as it is appropriately down shielded to keep light within the boundaries of the compound. (Ord. 5675, 12-3-2012) 8. Advertising Prohibited: No lettering, symbols, images, or trademarks large enough to be legible to occupants of vehicu- lar traffic on any abutting roadway shall be placed on or affixed to any part of a WCF tower, antenna array or antenna, other than as required by FCC regulations regarding tower registration or other applicable law. An- tenna arrays designed and approved to be lo- cated on or within signs or billboards as a stealth tower, small cell, or a concealed or camouflaged WCF, shall not be construed to be in violation of this prohibition. (Ord. 5676, 12-3-2012) 4-4-140G (Revised 5/18)4 - 102 9. Building Standards: Support structures shall be constructed so as to meet or exceed the most recent Electronic Industries Associ- ation/Telecommunications Industries Associ- ation (EIA/TIA) 222 Revision G Standard entitled: “Structural Standards for Steel An- tenna Towers and Antenna Supporting Struc- tures” (or equivalent), as it may be updated or amended. Prior to issuance of a building per- mit the Building Official shall be provided with an engineer’s certification that the support structure’s design meets or exceeds those standards. (Ord. 5675, 12-3-2012) 10. Radio Frequency Standards: The ap- plicant shall ensure that the wireless commu- nication facility (WCF) will not cause localized interference with the reception of area televi- sion or radio broadcasts. If the City finds that the WCF interferes with such reception, and if such interference is not remedied within thirty (30) calendar days, the City may revoke or modify a Building and/or Conditional Use Permit. (Ord. 5675, 12-3-2012) G. CONCEALED WIRELESS COMMUNICATION FACILITY STANDARDS: Additions or modifications to buildings shall com- plement the existing design, bulk, scale, and sym- metry of the building, and minimize the addition of bulk and clutter. Except as otherwise provided in subsection J of this Section for small cell facilities, concealed WCFs shall adhere to the following standards: 1. Building Addition: All antennas shall be fully concealed within a structure that is archi- tecturally compatible with the existing build- ing. Roof top additions shall be concealed on all sides. 2. Related Equipment: The related equip- ment shall be completely concealed inside a structure or inside an underground vault. Concrete masonry unit (CMU) walls and pre- fabricated facilities do not meet the intent of a concealed WCF. Equipment enclosures shall be designed to be compatible with the exist- ing building/structure. 3. Materials: Fiberglass reinforced plastic or radio frequency transparent materials may be used to screen and integrate a WCF with an existing building. Visible transition lines between the old and new surfaces are prohib- ited. 4. Architectural Elements: New architec- tural features such as columns, pilasters, cor- bels, or other ornamentation that conceal antennas may be used if it complements the architecture of the existing building. 5. Residential Buildings: Wireless com- munication facilities shall not be located on residential buildings except for multi-family structures constructed pursuant to the Inter- national Building Code as an occupancy group R-2, which may serve as a support structure if the interior wall or ceiling immedi- ately abutting the facility is an unoccupied residential space (e.g., stairwells, elevator shafts, mechanical rooms, etc.). H. CAMOUFLAGED WIRELESS COMMUNICATION FACILITY STANDARDS: Additions or modifications to buildings shall com- plement the existing design, bulk, scale, and sym- metry of the building, and minimize the addition of bulk and clutter. Except as otherwise provided in subsection J of this Section for small cell facilities, camouflaged WCFs shall adhere to the following standards: 1. Architectural Integration: Antennas may be mounted to a building if the antennas do not interrupt the building’s architectural theme. a. When feasible, camouflaged WCFs shall employ a symmetrical, balanced de- sign for all facade-mounted antennas. For multiple deployments on one struc- ture, subsequent applications will be re- quired to provide for consistent design, architectural treatment and symmetry in placing antennas on the structure’s exte- rior with any existing WCFs on the same side of the structure. b. When feasible, interruption of archi- tectural lines or horizontal or vertical re- veals is prohibited. 2. Materials: a. Mounting Hardware: Utilize the smallest mounting brackets necessary in 4-4-140I 4 - 103 (Revised 5/18) order to provide the smallest offset from the building. b. Concealment: Utilize skirts or shrouds on the sides and bottoms of an- tennas in order to conceal mounting hardware, create a cleaner appearance, and minimize the visual impact of the an- tennas. Exposed cabling is prohibited. c. Paint: Paint and texture antennas to match the adjacent building surfaces. 3. Antennas: a. Antennas shall be no longer or wider than the facade on which they are pro- posed. b. When panel antennas are un- screened, they shall be mounted no more than twelve inches (12") from the building facade. c. No exposed mounting apparatus shall remain on a building facade without the associated antennas. 4. Residential Buildings: Wireless com- munication facilities shall not be located on residential buildings except for multi-family structures constructed pursuant to the Inter- national Building Code as an occupancy group R-2, which may serve as a support structure if the interior wall or ceiling immedi- ately abutting the facility is an unoccupied residential space (e.g., stairwells, elevator shafts, mechanical rooms, etc.). I. STEALTH TOWER STANDARDS: The following standards for each type of stealth tower are the minimum necessary to meet the in- tent of effectively disguising the tower. Standards for types of stealth towers not identified within this subsection will be determined on a case-by-case basis by the Administrator through the Condi- tional Use Permit criteria pursuant to RMC 4-9-030E, Decision Criteria – Wireless Communi- cation Facilities. 1. Faux Trees: a. Location: Faux trees shall be lo- cated within one hundred feet (100') of existing trees, unless photo simulations show, to the Administrator’s satisfaction, that the proposed faux tree would be ap- propriate for the site. b. Height: The faux tree may exceed the average height of nearby trees by no more than twenty percent (20%) or thirty feet (30'), whichever is greater. c. Authenticity: Faux trees shall repli- cate the shape, structure, and color of live trees common to the area. Plans shall provide detailed specifications re- garding the number and spacing of branches, bark, foliage, and colors. All faux trees shall incorporate a sufficient number of branches (no less than three (3) branches per linear foot of height) and design materials (e.g., faux bark) so that the structure appears as natural in ap- pearance as feasible. Branches shall not be required for the lowest twenty feet (20') of the trunk. d. Concealment: i. All cables and antennas shall be painted to match the color of the trunk. ii. Antenna socks are mandatory for all antennas (and similar compo- nents) located on a faux tree. 2. Flagpoles: a. Location and Height: The height, diameter and location of the flagpole shall be compatible with the surrounding area, as determined by the Administrator. The flagpole shall be tapered in order to maintain the appearance of an authentic flagpole. b. Authenticity: Flags shall comply with the U.S. Flag Code. Allowed flags in- clude national, state, county and munici- pal flags properly displayed. In addition, one corporate or institutional flag may be properly displayed at each site. c. Concealment: Antennas shall be enclosed within the pole or a radome. If a radome is used, it shall have a diameter no greater than one hundred fifty percent (150%) of the diameter of the pole at the height where the radome will be 4-4-140J (Revised 5/18)4 - 104 mounted. The length of the radome shall not be greater than one-third (1/3) of the height of the proposed light pole. All ca- bles shall be routed directly from the ground up through the pole. Cable cover- ings are prohibited. 3. Sports Field Lights: a. Location and Height: Utilization of an existing or replacement sports field light as a WCF support structure shall only be permitted on sites where a sports field exists. The height, diameter and lo- cation of the sports field light(s) shall be compatible with the surrounding area, as determined by the Administrator. b. Authenticity: Sports field lights shall be uniform (style, height, etc.) with the exception of the WCF. The sports field lights shall provide consistent illumination for the sports field. c. Concealment: i. Antennas shall be no more than twenty feet (20') above the light source. ii. All cables shall be routed directly from the ground up through the pole. Cable coverings are prohibited. iii. Paint antennas and mounting apparatus the same color as the pole. 4. Freestanding Signs: a. Sign Permit Required: Towers rep- licating a sign shall be subject to RMC 4-4-100, Sign Regulations, and a sepa- rate sign permit shall be required. b. Concealment: i. All antennas shall be completely screened by the facade of the sign or by fiberglass reinforced plastic or ra- dio frequency transparent materials. ii. All cables and conduit to and from the sign shall be routed from un- derneath the foundation up into the pole. Cable coverings may be al- lowed in limited circumstances in sit- uations where they are minimally visible and designed to integrate with the sign. J. SMALL CELL/DISTRIBUTED ANTENNA SYSTEMS STANDARDS: Small cell deployment includes small cell facili- ties, microcells, and small cell networks. The fol- lowing provisions establish design and concealment standards for small cell facilities and in appropriate situations, criteria for the establish- ment of standards for small cell deployments sub- ject to a concealment element plan; provided, however, that any small cell, microcell, or small cell network component which is not exempt from SEPA review shall comply with RMC 4-9-070, En- vironmental Review Procedures. These stan- dards shall also apply to distributed antenna systems when equipment is installed outside of a building. Throughout this Section, unless context clearly provides otherwise, the term “small cell fa- cilities” refers to small cell facilities, microcells, small cell networks, and distributed antenna sys- tems. 1. Preferred Concealment Techniques: Small cell facilities complying with the pre- ferred concealment techniques described in this subsection shall be considered a permit- ted use. Facilities complying with the pre- ferred concealment techniques in this subsection require a small cell permit, subject to the Type I permit procedures in RMC 4-8- 080, Permit Classification. In addition, small cell facilities located on or over the public right-of-way also require a right-of-way use permit, unless the Administrator allows use of the public right-of-way and conditions thereof to be incorporated into a franchise agree- ment. a. Building Attachment: Antennas may be mounted to a building if the an- tennas do not interrupt the building’s ar- chitectural theme. i. Small cell facilities attached to the side or roof of buildings shall employ a symmetrical, balanced design for all facade-mounted antennas. Sub- sequent deployments will be re- quired to ensure consistent design, architectural treatment and symme- try when placing antennas on the structure’s exterior with any existing 4-4-140J 4 - 105 (Revised 5/18) small cell facilities on the same side of the structure. ii. The interruption of architectural lines or horizontal or vertical reveals is prohibited unless demonstrated to be unavoidable. iii. New architectural features such as columns, pilasters, corbels, or other ornamentation that conceal an- tennas may be used if it comple- ments the architecture of the existing building. iv. Small cell facilities shall utilize the smallest mounting brackets nec- essary in order to provide the small- est offset from the building. v. Skirts or shrouds shall be utilized on the sides and bottoms of anten- nas in order to conceal mounting hardware, create a cleaner appear- ance, and minimize the visual impact of the antennas. Exposed conduit, cabling and wiring is prohibited. vi. Small cell facilities shall be painted and textured to match the ad- jacent building surfaces. vii. All installations of small cell fa- cilities shall have permission from the pole/structure owner to install fa- cilities on such structure. b. Projecting or Marquee Sign: i. Small cell facilities replicating a projecting or marquee sign shall be subject to RMC 4-4-100, Sign Regu- lations. A sign permit is required un- less the small cell facilities are placed entirely within an existing sign. ii. All antennas shall be completely screened by the facade of the sign. iii. All cables and conduit to and from the sign shall be routed from within the building wall. Cable cover- ings may be allowed on the exterior of the building wall in limited circum- stances in situations where they are minimally visible and concealed to match the adjacent building sur- faces. c. Parking Lot Lighting: Small cell fa- cilities are permitted as attachments to or replacements of existing parking lot light fixtures. The design of the parking lot light fixture shall be in accordance with RMC 4-4-075, Lighting, Exterior On-Site; provided, that a pole extender up to six feet (6') in height may be utilized. d. Street Light Poles and Traffic Sig- nal Poles in Urban Design Districts: For the purposes of this Section, urban design districts are those districts defined in RMC 4-3-100, Urban Design Regula- tions. In an urban design district, an exist- ing street light pole or traffic signal pole (but not a wooden utility pole) may be re- placed or added on to accommodate small cell antennas and related equip- ment subject to the following require- ments: i. Replacement street lights/traffic signal poles shall conform to the ad- opted streetscape design standard for the design district. The replace- ment pole shall look substantially the same as the existing standard. ii. Wherever compatible with the pole design and technologically fea- sible, all equipment and cabling shall be internal to the replacement street lighting standard. If equipment or ca- bling is not proposed to be placed in- ternal to the replacement pole, a concealment element plan shall be submitted in accordance with the provisions of subsection J3 of this Section. iii. No Illumination: Small cell fa- cilities shall not be illuminated. iv. Generators and Backup Bat- tery: Generators are not permitted for small cell facilities. A battery backup may be permitted through the submittal of a concealment ele- ment plan and subject to administra- tive conditional use permit review for the purpose of serving multiple small cell facilities. 4-4-140J (Revised 5/18)4 - 106 v. Cabinet Location and Dimen- sions: The equipment cabinet for small cell facilities shall be the small- est amount of cabinet enclosure nec- essary to enclose the equipment. Disconnect switches may be located outside of the primary equipment cabinet. e. Utility Poles/Street Light Poles in Areas Other Than Design Districts and Exempt from Undergrounding: For in- stallations outside of urban design dis- tricts and exempt from undergrounding requirements pursuant to RMC 4-6-090, Utility Lines – Underground Installation, small cell antennas and related equip- ment may be attached to existing or re- placement utility poles or street light poles if the antennas and related equip- ment meet the following requirements: i. Height Restrictions: All small cell facilities shall be in compliance with height restrictions applicable to poles and other structures proposed to be utilized. The City may approve minor deviations up to the minimum additional height needed to allow suf- ficient space for the required clear- ance from electrical utility wires when required to accommodate antennas at the top of a pole or a pole ex- tender, which shall be no greater than six feet (6') tall. ii. Replacement Poles: Replace- ment poles shall match height, width, color (to the extent possible, and ma- terial of the original or adjacent poles). The City may approve minor deviations up to the minimum addi- tional height needed to allow suffi- cient space for the required clearance from electrical wires when required to accommodate antennas, and may also approve minor devia- tions up to fifty percent (50%) of the pole width or thirty inches (30"), whichever is greater, when housing equipment within the pole base. Re- placement poles shall be located as close as possible to the existing pole, and the replaced pole shall be re- moved. iii. Interior Concealment: When- ever technologically feasible, anten- nas and equipment shall be fully concealed within a light pole, or oth- erwise camouflaged to appear to be an integrated part of a light pole. iv. Flush-Mounting and Pole-Top Antennas: In situations when inte- rior concealment is demonstrated to not be possible, the small cell facility shall, to the full extent permitted un- der the State electrical code and the utilities’ requirements, be flush- mounted on the subject pole, which means mounting directly to the pole with little to no gap other than that which may be required for the screws/bolts, or located at the top of the pole. Canisters attached to the top of a pole shall not exceed the di- ameter of the pole, unless technically required and then shall not be more than fifty percent (50%) greater than the diameter of the pole. v. Antenna Design: Where an en- closure is proposed to house an an- tenna, the antenna shall be located in an enclosure of no more than three (3) cubic feet in volume, or in case of an antenna that has exposed ele- ments, the antenna and all of its ex- posed elements could fit within an enclosure of no more than three (3) cubic feet. No more than four (4) an- tennas are permitted on a single pole and with a total volume not to exceed twelve (12) cubic feet. vi. Material and Color: If interior concealment described in subsection J1eiii of this Section is not possible, the small cell facility shall to the max- imum extent feasible match the color of the pole and shall be nonreflective. vii. No Illumination: Small cell fa- cilities shall not be illuminated. viii. No Collocation on Wooden Utility Poles: Each wooden utility pole may not contain more than one small cell facility. 4-4-140J 4 - 107 (Revised 5/18) ix. Generators and Backup Bat- tery: Generators are not permitted for small cell facilities. A battery backup may be permitted through the submittal of a concealment ele- ment plan and subject to administra- tive conditional use permit review for the purpose of serving multiple small cell facilities. x. Cabinet Location and Dimen- sions: The equipment cabinet for small cell facilities shall be the small- est amount of cabinet enclosure nec- essary to enclose the equipment. Disconnect switches may be located outside of the primary equipment cabinet. 2. Concealment Element Plan: a. Concealment Element Plan Re- quired: Applications for proposed small cell facilities installations which do not conform to a preferr ed concealment tech- nique in subsection J1 of this Section shall submit a concealment element plan. The plan shall include the design of the screening, fencing, or other concealment technology for a base station, tower, pole, or equipment structure, and all re- lated transmission equipment or facilities associated with the proposed wireless fa- cility. b. Purpose of Concealment Element Plan, Generally: Concealment element plans should seek to minimize the visual obtrusiveness of installations using meth- ods including, but not limited to, integrat- ing the installation with architectural features or building design components, utilization of coverings or concealment devices of similar material, color and tex- ture, or the appearance thereof, as the surface against which the installation will be seen or on which it will be installed. Other concealment element approaches may include, but not be limited to, use of street furniture concealment products such as trash cans, benches, information kiosks, or other types of enclosures rea- sonably compatible to conceal ground level equipment. Additionally, the use of a concealment support or device, such as a clock tower, steeple, flagpole, tree, wayfinding sign, decorative pole with banner, artwork, street sign, or other ap- plicable concealment structure may be approved. c. Review of Concealment Element Plan for Nonsubstantial Change Collo- cations: Where a collocation is proposed that does not comply with a preferred concealment technique but does not con- stitute a major alteration, a concealment element plan shall be subject to adminis- trative review to ensure the proposed col- location does not defeat the concealment features approved as part of the initial in- stallation at that location. d. Review of Concealment Element Plan for Initial Installations and Sub- stantial Change Collocations: For ini- tial installations and major alterations not complying with a preferred concealment technique, the concealment element plan shall be subject to administrative condi- tional use permit review. 3. New Poles: Within urban design districts and where undergrounding is not required pursuant to RMC 4-6-090, Utility Lines – Un- derground Installation, the installation of a new pole for the purpose of locating small cell facilities is permitted only when the applicant establishes that: a. The small cell facility cannot be lo- cated on a site outside of the public right- of-way such as a public park, public prop- erty, or in or on a building whether by roof or panel-mount or separate structure; and b. The small cell facility cannot be lo- cated on an existing pole within the public right-of-way; and c. The proposed facility complies with a preferred concealment technique or an approved concealment element plan. 4. Ground-Mounted Equipment Stan- dards; ADA Compliance Required: To al- low full use of the public right-of-way by pedestrians, bicycles and other users, and particularly in urban design districts and un- derground districts, all ground-mounted 4-4-140K (Revised 5/18)4 - 108 equipment shall be undergrounded in a vault meeting the City’s construction standards or incorporated into street furniture or the base of a pole. The location of ground-mounted equipment including street furniture (to the extent undergrounding such equipment is not technologically feasible), replacement poles and/or any new poles shall comply with the Americans with Disabilities Act (ADA), City construction standards, and State and Fed- eral regulations in order to provide a clear and safe passage within the public right-of- way. 5. Federal Regulatory Requirements: a. These provisions shall be interpreted and applied in order to comply with the provisions of Federal law. By way of illus- tration and not limitation, any small cell facility which has been certified as com- pliant with all FCC and other government regulations regarding the human expo- sure to radio frequency emissions will not be denied on the basis of radio frequency (RF) radiation concerns. b. Small cell facilities shall be subject to the requirements of this Code to the ex- tent that such requirements: i. Do not unreasonably discriminate among providers of functionally equivalent services; and ii. Do not have the effect of prohib- iting personal wireless services within the City. c. Small cell facilities installed pursuant to the preferred concealment techniques or a concealment element plan may not be expanded pursuant to an eligible facil- ities request. K. APPLICATION SUBMITTAL REQUIREMENTS: In addition to application materials and informa- tion required pursuant to RMC 4-8-120C, Table 4-8-120C – Land Use Permit Submittal Require- ments, the following materials are the minimum required to complete a review of any WCF, other than a minor alteration pursuant to subsection E1 of this Section or small cell facilities pursuant to subsection J of this Section. Additional materials and information may be required. 1. Technical Analysis: a. Site Justification Letter: This report shall justify the need or requirement for the proposed WCF location and design. An analysis of other available sites shall be included as well as determination as to why these sites were not selected. b. Justification Map: A map identify- ing the zoning districts, search area, al- ternative sites, the selected site, and all existing and approved WCFs within a one-half (1/2) mile radius. c. Coverage Map: Map(s) identifying the proposed target coverage that illus- trate the coverage prior to and after the installation. d. Noise Report: For projects pro- posed adjacent to residential uses when generators, air conditioning units, or other noise-generating devices are uti- lized. 2. Photo Simulations: Photo simulations shall be required with each plan set. The photo simulations shall illustrate the pro- posed WCF from at least four (4) vantage points and show the existing view (without the proposed WCF) and proposed view (with the proposed WCF) from each vantage point. 3. Method of Attachment/Cabling: Di- mensioned details shall be provided of anten- nas and mounting hardware used to attach the antennas to the structure. 4. Visual Mitigation: Any concealment/in- tegration techniques proposed shall be fully explained, illustrated and detailed. L. OBSOLESCENCE AND REMOVAL: Any wireless communications facility that is no longer needed or is not operational shall be re- ported immediately by the service provider to the Administrator. Discontinued facilities or facilities that are in disrepair, as determined by the Admin- istrator, shall be decommissioned and removed by the facility owner within six (6) months of the date it ceases to be operational, and the site shall be restored to its pre-existing condition. The Ad- ministrator may approve an extension of an addi- tional six (6) months if good cause is demon- 4-4-150 4 - 109 (Revised 5/18) strated by the facility owner. (Ord. 5675, 12-3-2012) M. PERMIT LIMITATIONS: 1. Maintenance Required: The applicant shall maintain the WCF to standards that may be imposed by the City at the time of the granting of a permit. Such maintenance shall include, but shall not be limited to, mainte- nance of the paint, structural integrity and landscaping. If the applicant fails to maintain the facility, the City may undertake the main- tenance at the expense of the applicant or terminate the permit, at its sole option. 2. Notice to City of Change of Operation of Facility: The applicant shall notify the De- partment of all changes in operation of the fa- cility within sixty (60) calendar days of the change. (Ord. 4666, 6-2-1997, Amd. Ord. 4689, 11-24-1997; Ord. 5675, 12-3-2012) N. MODIFICATIONS: The Administrator shall have the authority to modify the standards of this Section, subject to the provisions of RMC 4-9-250D, Modification Procedures. O. APPEALS: See RMC 4-8-110, Appeals. (Ord. 4722, 5-11-1998; Amd. Ord. 4963, 5-13-2002; Ord. 5746, 1-12-2015; Ord. 5876, 1-22-2018) 4-4-150 VIOLATIONS OF THIS CHAPTER AND PENALTIES: Unless otherwise specified, violations of this Chapter are misdemeanors, subject to RMC 1-3- 1. (Ord. 4856, 8-21-2000; Amd. Ord. 4963, 5-13-2002; Ord. 5159, 10-17-2005; Ord. 5603, 6-6-2011; Ord. 5831, 1-23-2017) 5 - i (Revised 3/17) Chapter 5 BUILDING AND FIRE PREVENTION STANDARDS CHAPTER GUIDE: Chapter 4-5 RMC provides structural and design information typically required by architects, engineers, and contractors. These regulations primarily consist of the adoption and amend- ment of Uniform Codes for building, mechanical, plumbing, electrical, fire protection, and others. Re- lated permit processes (e.g., occupancy permits, etc.) are located in chapters 4-8 and 4-9 RMC. Fee- related information is located in chapter 4-1 RMC. This Chapter last amended by Ord. 5831, January 23, 2017. SECTION PAGE NUMBER NUMBER 4-5-010 ADOPTION OF STATE, NATIONAL, UNIFORM, AND INTERNATIONAL CODES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 A.Adoption by Reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 B.Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4-5-020 AUTHORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 A.Building Official Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1. Record of Plats Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 B.Fire Department Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 C.City Clerk Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4-5-030 MANUFACTURED/MOBILE HOME AND PARK INSTALLATION . . . . . . . . 1 A.Construction of Manufactured or Mobile Home Parks – Permits Required . . . . 1 B.Individual Mobile/Manufactured Home Installation . . . . . . . . . . . . . . . . . . . . . . 1 1. Installation Permit Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. Installation Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3. Insignia Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4-5-040 RENTON ELECTRICAL CODE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4-5-050 INTERNATIONAL BUILDING CODE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 A.Adoption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 B.Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 C.City Amendments to the International Building Code . . . . . . . . . . . . . . . . . . . . 2 1. Standpipe Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2. Dry Standpipes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3. Elevator Car Size . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 D.City Amendments to the IBC Relating to Sprinkler Requirements . . . . . . . . . . 3 E.Repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4-5-051 WASHINGTON STATE ENERGY CODE ADOPTED . . . . . . . . . . . . . . . . . .8 4-5-055 INTERNATIONAL RESIDENTIAL CODE ADOPTED . . . . . . . . . . . . . . . . . . . 9 A. City Amendments to IRC Table R301.2(1), Climatic and Geographic Design Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 B. Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 C. Conflicts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4-5-060 CONSTRUCTION ADMINISTRATIVE CODE . . . . . . . . . . . . . . . . . . . . . . . . . 10 A. Section 101 – General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 B. Section 102 – Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 SECTION PAGE NUMBER NUMBER (Revised 3/17)5 - ii C. Section 103 – Enforcement Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 D. Section 104 – Organization and Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 E. Section 105 – Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.2 F. Section 106 – Floor and Roof Design Loads . . . . . . . . . . . . . . . . . . . . . . . . . 18.7 G. Section 107 – Submittal Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.7 H. Section 108 – Temporary Structures and Uses . . . . . . . . . . . . . . . . . . . . . . 18.12 I. Section 109 – Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.13 J. Section 110 – Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.14 K. Section 111 – Certificate of Occupancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.20 L. Section 112 – Service Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.21 M. Section 113 – Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.21 N. Section 114 – Notices and Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.22 O. Section 115 – Unsafe Structures and Equipment . . . . . . . . . . . . . . . . . . . . . 18.22 P. Section 116 – Emergency Measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.24 Q. Section 117 – Demolition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.24 R. Section 118 – Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.25 S. Section 119 – Applicability of Codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.25 4-5-070 INTERNATIONAL FIRE CODE AND FIRE PREVENTION REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.25 A.Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.25 B.Adoption of Fire Code and Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.25 C.Amendments, Additions, and Deletions to the Fire Code . . . . . . . . . . . . . . 18.26 D.Fire Hydrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.54 1. Required for Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.54 a. Plans Required Prior to Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.54 b. Installation Timing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.54 c. Upgrade of Existing Hydrants Required . . . . . . . . . . . . . . . . . . . . . 18.54 2. Fire Hydrant Requirements in Commercial, Business, Industrial and Manufacturing Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.54 a. Installation Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.54 b. Number and Location of Hydrants . . . . . . . . . . . . . . . . . . . . . . . . . . 18.54 c. Applicability to Annexed Properties . . . . . . . . . . . . . . . . . . . . . . . . . 18.54 3. Fire Hydrants in Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.55 4. Fire Hydrants; Special Locations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.55 5. Multiple Uses – Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.55 6. Fire-Flow Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.55 a. Basis for and Computation of Fire-Flow Requirement . . . . . . . . . . 18.55 b. Unknown Fire-Flow . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.55 7. Residential Sprinkling Permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.55 8. Number of Hydrants Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.56 9. Location of Hydrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.56 10. Hydrant Accessibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.56 11. Design and Installation Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . 18.56 12. Special Requirements for Buildings More Than Two Hundred Feet (200') from a Street Property Line . . . . . . . . . . . . . . . . . . . . . . . . . 18.57 13. Water System Requirements for Hydrants . . . . . . . . . . . . . . . . . . . . . . 18.57 14. Service and Testing of Hydrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.57 SECTION PAGE NUMBER NUMBER 5 - iii (Revised 8/16) 15. Prohibited Hydrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.57 16. Dead End Mains Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.57 17. Meter or Detection Required for Private Water or Fire Service . . . . . . . 18.58 18. Use for Other Than Fire Protection Prohibited . . . . . . . . . . . . . . . . . . . 18.58 19. Changes Requiring Increased Fire Protection . . . . . . . . . . . . . . . . . . . . 18.58 20. Violation of This Section and Penalties . . . . . . . . . . . . . . . . . . . . . . . . . 18.58 4-5-080 (Deleted by Ord. 5549, 8-9-2010 and Ord. 5555, 10-11-2010). . . . . . . . . .18.58 4-5-090 INTERNATIONAL MECHANICAL CODE ADOPTED . . . . . . . . . . . . . . . . 18.58 A. Adoption by Reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.58 B. Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.58 C. Conflicts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.58 4-5-100 NATIONAL FUEL GAS CODE ADOPTED . . . . . . . . . . . . . . . . . . . . . . . . . 18.58 4-5-110 UNIFORM PLUMBING CODE ADOPTED . . . . . . . . . . . . . . . . . . . . . . . . . 18.59 4-5-120 UNDERGROUND STORAGE TANK SECONDARY CONTAINMENT REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18.59 A.Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.59 B.Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.59 C.Compliance with Fire Code Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 D.Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 E.Exclusions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 F.Fire Chief and Fire Department Authority and Responsibility . . . . . . . . . . . . . 20 G.Definitions of Terms Used in This Section . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 H.New Underground Storage Facilities and Monitoring Standards . . . . . . . . . . 21 1. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 2. Standards for New Underground Storage Facilities . . . . . . . . . . . . . . . . . 22 3. Design Standards for New Primary Containers and Double-Walled Underground Storage Tanks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 4. Standards for Secondary Containers Including Leak Interception and Detection Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 5. Monitoring Standards for New Underground Storage Facilities . . . . . . . . 27 6. Response Plan for New Underground Storage Facilities . . . . . . . . . . . . . 27 a. Plan Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 b. Plan Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 I.Existing Installations and Monitoring Standards . . . . . . . . . . . . . . . . . . . . . . . 27 1. Continuation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 2. Leaks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 3. Monitoring Standards for Existing Underground Storage Facilities . . . . . . 28 a. Monitoring System Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 b. Objective . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 c. Fire Department Approval Required . . . . . . . . . . . . . . . . . . . . . . . . . . 28 d. Monitoring System Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 e. Annual Certification of Monitoring System . . . . . . . . . . . . . . . . . . . . . . 28 4. System Evaluation Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 5. Tests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 6. Failure to Monitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 J.Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 1. Permit Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 SECTION PAGE NUMBER NUMBER (Revised 8/16)5 - iv 2. Information Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 3. Abandonment Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 4. Closure Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 5. Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 6. Permit Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 a. Notification of Changes or Release . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 b. Monitoring Records Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 7. Permit Expiration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 8. Transfer of Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 9. Inspection Required for Permit Renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 10. Implementation of Inspection Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 K.Release Reporting Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 1. Reporting Required for All Unauthorized Releases . . . . . . . . . . . . . . . . . . . 30 a. Releases to Secondary Containers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 b. All Other Releases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 2. Unauthorized Releases Requiring Recording . . . . . . . . . . . . . . . . . . . . . . . 31 a. Definition of Release Requiring Recording . . . . . . . . . . . . . . . . . . . . . . 31 b. Time for Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 c. Content of Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 d. Review and Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 e. Revocation of Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 f. Causes of Container Deterioration . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 g. Reportable or Recordable Release . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 3. Unauthorized Release Requiring Reporting . . . . . . . . . . . . . . . . . . . . . . . . 31 a. Time for Notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 b. Time for and Content of Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 4. Subsequent Cleanup Reports Required . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 L.Closure Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 1. Closure Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 2. Exception . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 3. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 a. Compliance with Fire Code Required . . . . . . . . . . . . . . . . . . . . . . . . . . 32 b. Closure Proposal Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 c. Department of Ecology Notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 4. Temporary Closure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 a. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 b. Exception . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 c. Standards and Requirements for Temporary Closure . . . . . . . . . . . . . . 33 d. Modification of Monitoring Requirements . . . . . . . . . . . . . . . . . . . . . . . 33 e. Inspection Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 f. Closure Plan Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 5. Permanent Closure Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 a. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 b. Compliance Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 c. Standards and Requirements for Removal of Tanks . . . . . . . . . . . . . . 33 d. Standards and Requirements for Abandoning Tank in Place . . . . . . . . 34 e. Demonstration to Fire Code Official . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 SECTION PAGE NUMBER NUMBER 5 - v (Revised 8/16) M.Variances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 4-5-130 INTERNATIONAL PROPERTY MAINTENANCE CODE . . . . . . . . . . . . . . . . 35 A.International Property Maintenance Code Adopted . . . . . . . . . . . . . . . . . . 35 B.Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 C.Copy on File . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 4-5-140 APPEALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 4-5-150 VIOLATIONS OF THIS CHAPTER AND PENALTIES . . . . . . . . . . . . . . . . . 38 4-5-030B 5 - 1 (Revised 8/16) 4-5-010 ADOPTION OF STATE, NATIONAL, UNIFORM, AND INTERNATIONAL CODES: (Amd. Ord. 5085, 6-21-2004; Ord. 5297, 7-2-2007) A. ADOPTION BY REFERENCE: By the reference thereto made herein, said Codes, together with any and all amendments, modifications or additions thereto hereafter printed and filed with the City Clerk as herein specified, are incorporated in and made a part of this Chapter as fully and with the same effect as if set out herein in full, or as if adopted by subse- quent amendments. (Ord. 3214, 4-10-1978, eff. 4-19-1978) B. AMENDMENTS: Any and all amendments, additions or modifica- tions to said Codes, when printed and filed with the City Clerk of the City of Renton by authoriza- tion of the City Council from time to time, shall be considered and accepted and constitute a part of such Codes without the necessity of further adop- tion of such amendments, modifications or addi- tions by the legislative authority of the City of Renton or by ordinance. 4-5-020 AUTHORITY: A. BUILDING OFFICIAL DUTY: Whenever the term “administrative authority” is used in this Chapter, it shall be construed to mean the Building Official of the City of Renton, or his duly authorized representative or agent. It shall be the duty of the Building Inspector (or Official) in charge of issuing building permits and inspec- tion of buildings to see that this Chapter is en- forced through the proper legal channels. He shall issue no permit for the construction or alter- ation of any building or part thereof unless the plans, specifications and intended use of such building conform in all respects with the provi- sions of this Chapter. 1. Record of Plats Required: All specifica- tions for building permits shall be accompa- nied by a plat in duplicate drawn to scale, showing the actual dimensions of the lot to be built upon, the size, the use and location of existing buildings and buildings to be erected, and such other information as may be neces- sary to provide for the enforcement of this Chapter. A careful record of such application and plats shall be kept in the office of the Building Official or proper enforcement offi- cial. (Ord. 1472, 12-18-1953; Amd. Ord. 3101, 1-17-1977; Amd. Ord. 3214, 4-10-1978) B. FIRE DEPARTMENT DUTY: The International Fire Code shall be enforced by the Fire Department pursuant to interlocal agree- ment and RMC 2-21-2. (Ord. 4547, 7-24-1995; Ord. 5806, 6-20-2016) C. CITY CLERK DUTY: The City Clerk shall keep a copy of the Interna- tional, Uniform and other Codes adopted under this Chapter, together with any amendments or additions thereto, available in the City Clerk’s Of- fice for examination by the public. (Ord. 3214, 4-10-1978; Ord. 5810, 7-11-2016) 4-5-030 MANUFACTURED/MOBILE HOME AND PARK INSTALLATION: A. CONSTRUCTION OF MANUFACTURED OR MOBILE HOME PARKS – PERMITS REQUIRED: In the construction of mobile home parks, the de- veloper shall obtain a building permit consistent with all applicable State, County and City codes for electrical, plumbing, sanitary sewer, storm sewer, fire, street, building and all other applica- ble codes. A building permit for a mobile home park shall include but is not necessarily limited to the site, its grading and preparation, private utili- ties and services, private on-site streets, drive- ways, walkways and landscaping, the dimensions of the individual mobile home sites and the design and construction of the individual mobile home pads and their utility connections. Public utilities and on- or off-site public street improvements as defined in subdivision regulations and public or private sewer, water and storm drainage systems will require a permit from the Development Ser- vices Division. (Ord. 3746, 9-19-1983) B. INDIVIDUAL MOBILE/ MANUFACTURED HOME INSTALLATION: 1. Installation Permit Required: An instal- lation permit from the Development Services Division shall be required for installation of each manufactured/mobile home and to con- nect to utilities. An installation permit shall not be issued for the location of any mobile home 4-5-040 (Revised 8/16)5 - 2 unless the mobile home park has been is- sued an occupancy certificate and a license from the Building Official. 2. Installation Requirements: All mobile home installations shall comply with WAC 296-150B-200 et seq. entitled General Instal- lation Requirements for Mobile Homes. Set- backs, lot coverage and related requirements shall be completed and approved and issued prior to the occupation of each mobile home. 3. Insignia Required: Mobile homes con- structed after July 1, 1968 shall bear the in- signia of approval for plumbing, heating and electrical installation according to chapter 43.22 RCW. (Ord. 3746, 9-19-1983) 4-5-040 RENTON ELECTRICAL CODE: The most recently published edition of The Wash- ington Cities Electrical Code, Parts 1, 2 and 3, as published by the Washington Association of Building Officials and amended by the City of Renton, is adopted by reference, and shall be known as the Renton Electrical Code. The City shall at all times keep on file with the City Clerk, for reference by the general public, not less than one copy of The Washington Cities Electrical Code. (Ord. 3217, 4-10-1978, eff. 4-19-1978; Ord. 4400, 5-3-1993; Ord. 4311, 4-15-1991; Ord. 4596, 4-8-1996; Ord. 4722, 5-11-1998; Ord. 5010, 5-19-2003; Ord. 5063, 2-23-2004; Ord. 5297, 7-2-2007; Ord. 5450, 3-2-2009; Ord. 5537, 5-17-2010; Ord. 5749, 1-12-2015) 4-5-050 INTERNATIONAL BUILDING CODE: A. ADOPTION: The 2015 Edition of the International Building Code (IBC) including the adoption of ICC/ANSI A117.1-2009, Requirements for Accessible and Useable Buildings and Facilities, as adopted and amended by the State Building Code Council in chapter 51-50 WAC, as published by the Interna- tional Code Council, excluding Chapter 1, Admin- istration, is adopted by reference, together with the following amendments and additions. The Construction Administrative Code, as set forth in RMC 4-5-060, shall be used in place of IBC Chap- ter 1, Administration. Appendix E – Supplementary Accessibility Re- quirements of the 2015 Edition of the Interna- tional Building Code is also adopted by reference. The 2015 International Existing Building Code (IEBC) is included in the adoption of the Interna- tional Building Code as provided by IBC Section 101.4.7 and amended in WAC 51-50-480000, in- cluding Appendix A, Guidelines for the Seismic Retrofit of Existing Buildings, excluding Chapter 1, Part 2 – Administration. The Construction Ad- ministrative Code, as set forth in RMC 4-5-060, shall be used in place of IEBC Chapter 1, Part 2 – Administration. The 2015 International Swimming Pool and Spa Code (ISPSC) is included in the adoption of the International Building Code as provided by IBC Section 3109.1 and amended in WAC 51-50- 3109, excluding Chapter 1, Part 2 – Administra- tion. The Construction Administrative Code, as set forth in RMC 4-5-060, shall be used in place of ISPSC Chapter 1, Part 2 – Administration. The design and construction of swimming pools, spas and other aquatic recreation facilities shall com- ply with the International Swimming Pool and Spa Code, except that public swimming pool barriers are regulated by WAC 246-260-031(4). All other “water recreation facilities” as defined in RCW 70.90.110 are regulated under chapters 246-260 and 246-262 WAC. (Amd. Ord. 5297, 7-2-2007; Ord. 5554, 10-11-2010; Ord. 5709, 4-14-2014; Ord. 5810, 7-11-2016) B. APPLICABILITY: It shall be unlawful for any person, firm or corpo- ration to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the city, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code. (Amd. Ord. 5297, 7-2-2007) C. CITY AMENDMENTS TO THE INTERNATIONAL BUILDING CODE: 1. Standpipe Requirements: Section 905.3 of the International Building Code is amended to read as follows: a. 905.3.1, Height: Class III standpipe systems shall be installed throughout a building where the floor level of the high- est story is located more than twenty feet 4-5-050D 5 - 3 (Revised 8/16) (20') above the lowest level of the fire de- partment vehicle access, or where the floor level of the lowest story is located more than twenty feet (20') below the highest level of fire department vehicle access. Exceptions: i. Class I standpipes are allowed in buildings equipped throughout with an automatic sprinkler system in ac- cordance with Section 903.3.1.1 or 903.3.1.2. ii. Class I manual standpipes are al- lowed in open parking garages where the highest floor is located not more than one hundred fifty feet (150') above the lowest level of fire department vehicle access. iii. Class I manual dry standpipes are allowed in open parking garages that are subject to freezing tempera- tures, provided that the hose connec- tions are located as required for Class II standpipes in accordance with Section 905.5. iv. Class I standpipes are allowed in basements equipped throughout with an automatic sprinkler system. v. Group R-3 does not require standpipes. b. 905.3.8, High Rise Building Stand- pipes: Standpipe risers shall be combi- nation standpipe/sprinkler risers using a minimum pipe size of six inches (6"). Two two and one-half-inch (2-1/2") hose con- nections shall be provided on every inter- mediate floor level landing in every required stairway unless otherwise ap- proved by the fire code official. Where pressure reduction valves (PRV) are re- quired, each hose connection shall be provided with its own PRV. The system shall be designed to provide a minimum flow of three hundred (300) gpm at a min- imum pressure of one hundred fifty (150) psi (maximum two hundred (200) psi) at each standpipe connection, in addition to the flow and pressure requirements con- tained in NFPA 14. 2. Dry Standpipes: Section 905.8 of the In- ternational Building Code is amended to read as follows: Dry standpipes when approved by the fire code official are acceptable in other than high-rise buildings. 3. Elevator Car Size: Section 3002.4 of the International Building Code is amended to read as follows: 3002.4 Elevator car to accommodate am- bulance stretcher. Where elevators are provided in buildings four (4) or more sto- ries above, or four (4) or more stories be- low, grade plane; or in any R-1, R-2, Group B medical care office; or I occu- pancy building provided with an elevator regardless of the number of stories, at least one (1) elevator shall be provided for fire department emergency access to all floors. The elevator car shall be of such a size and arrangement to accom- modate an ambulance stretcher forty inches (40”) by eighty-four inches (84”) (610 mm by 2,134 mm) with not less than five-inch (5”) (127 mm) radius corners, in the horizontal, open position and shall be identified by the international symbol for emergency medical services (star of life). The symbol shall not be less than three inches (3”) (76 mm) in height and shall be placed inside on both sides of the hoist- way door frame. (Ord. 5810, 7-11-2016) D. CITY AMENDMENTS TO THE IBC RELATING TO SPRINKLER REQUIREMENTS: The following sections of Chapter 9 of the Interna- tional Building Code are amended to read as fol- lows: 1. Section 903.2, Where required. Ap- proved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this Section. All newly constructed buildings with a gross square footage of five thousand (5,000) or greater square feet, regardless of type of use as well as zero lot line townhouses within an aggregate area of all connected townhouses equaling five thousand (5,000) square feet or greater square feet must be sprinklered. Ad- 4-5-050D (Revised 8/16)5 - 4 ditions to existing buildings which would re- sult in a gross floor area greater than five thousand (5,000) square feet must be retrofit- ted with an automatic sprinkler system. Exceptions: a. One time additions to Group R-3 oc- cupancies of up to five hundred (500) square feet are permitted without compli- ance with this Section. b. One- and two-family dwellings and townhouses built in compliance with the International Residential Code and meet- ing fire flow and access requirements of the City of Renton. When not required by other provisions of this Chapter, a fire extinguishing system installed in accordance with NFPA 13 may be used for increases and substitu- tions allowed in Sections 504.2, 504.3, 506.3 506.2 and Table 601. (Ord. 5810, 7-11-2016) 2. Section 903.2.1.1, Group A-1. An auto- matic sprinkler system shall be provided for Group A-1 occupancies where one (1) of the following conditions exists: a. The gross floor area exceeds five thousand (5,000) square feet; b. The fire area has an occupant load of three hundred (300) or more; c. The fire area is located on a floor other than the level of exit discharge; or d. The fire area contains a multi theater complex. 3. Section 903.2.1.2, Group A-2. An auto- matic sprinkler system shall be provided for Group A-2 occupancies where one (1) of the following conditions exists: a. The gross floor area exceeds five thousand (5,000) square feet; b. The fire area has an occupant load of one hundred (100) or more; or c. The fire area is located on a floor other than a level of exit discharge serv- ing such occupancies. 4. Section 903.2.1.3, Group A-3. An auto- matic sprinkler system shall be provided for Group A-3 occupancies where one (1) of the following conditions exists: a. The gross floor area exceeds five thousand (5,000) square feet; b. The fire area has an occupant load of three hundred (300) or more; or c. The fire area is located on a floor other than a level of exit discharge serv- ing such occupancies. 5. Section 903.2.1.4, Group A-4. An auto- matic sprinkler system shall be provided for Group A-4 occupancies where one (1) of the following conditions exists: a. The gross floor area exceeds five thousand (5,000) square feet; b. The fire area has an occupant load of three hundred (300) or more; or c. The fire area is located on a floor other than the level of exit discharge serving such occupancies. 6. Section 903.2.1.5, Group A-5. An auto- matic sprinkler system shall be provided for Group A-5 occupancies in the following ar- eas: concession stands, retail areas, press boxes and other accessory use areas in ex- cess of one thousand (1,000) square feet. 7. Section 903.2.2, Group B ambulatory health care facilities. An automatic sprinkler system shall be installed throughout all fire areas containing a Group B ambulatory health care facility occupancy when either of the following conditions exists at any time: a. Four (4) or more care recipients are incapable of self-preservation. b. One (1) or more care recipients who are incapable of self-preservation are lo- cated at other than the level of exit dis- charge serving such an occupancy. 4-5-050D 5 - 5 (Revised 8/16) 8. Section 903.2.3, Group E. An automatic sprinkler system shall be provided for Group E occupancies as follows: a. Throughout all Group E fire areas greater than five thousand (5,000) square feet in area. b. Throughout every portion of educa- tional buildings below the lowest level of exit discharge serving that portion of the building. Exception: Portable school classrooms, provided aggregate area of clusters of portable school classrooms does not exceed five thousand (5,000) square feet; and clus- ters of portable school classrooms shall be separated as required by the building code. (Ord. 5810, 7-11-2016) 9. Section 903.2.4, Group B, F, and S Oc- cupancies. An automatic sprinkler system shall be provided throughout all buildings containing a Group B, F, or S occupancy with over five thousand (5,000) square feet of gross floor area. 10. Section 903.2.4.1, Woodworking Op- erations. An automatic sprinkler system shall be provided throughout all Group F-1 occu- pancy fire areas that contain woodworking operations in excess of two thousand five hundred (2,500) square feet in area which generate finely divided combustible waste or which use finely divided combustible materi- als. 11. Section 903.2.5, Group H. Automatic sprinkler systems shall be provided in high- hazard occupancies as required in Sections 903.2.5.1 through 903.2.5.3. 12. Section 903.2.5.1, General. An auto- matic sprinkler system shall be installed in Group H occupancies. 13. Section 903.2.5.2, Group H-5 Occu- pancies. An automatic sprinkler system shall be installed throughout buildings containing Group H-5 occupancies. The design of the sprinkler system shall not be less than that re- quired under the International Building Code for the occupancy hazard classifications in accordance with Table 903.2.5.2. Where the design area of the sprinkler sys- tem consists of a corridor protected by one (1) row of sprinklers, the maximum number of sprinklers required to be calculated is thirteen (13). 14. Section 903.2.5.3 Pyroxylin Plastic. An automatic sprinkler system shall be pro- vided in buildings, or portions thereof, where cellulose nitrate film or Pyroxylin plastics are manufactured, stored or handled in quantities exceeding one hundred (100) pounds. 15. Section 903.2.7, Group M. An auto- matic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one (1) of the following conditions exists: a. Where a Group M gross floor area exceeds five thousand (5,000) square feet; b. Where a Group M fire area is located more than three (3) stories above grade plane; c. Where the combined area of all Group M fire areas on all floors, including any mezzanines, exceeds five thousand (5,000) square feet; or d. A Group M occupancy used for dis- play and sale of upholstered furniture or mattresses exceeds five thousand (5,000) square feet. (Ord. 5810, 7-11- 2016) TABLE 903.2.5.2 GROUP H-5 SPRINKLER DESIGN CRITERIA LOCATION OCCUPANCY HAZARD CLASSIFICATION Fabrication areas Ordinary Hazard Group 2 Service corridors Ordinary Hazard Group 2 Storage rooms without dispensing Ordinary Hazard Group 2 Storage rooms with dispensing Extra Hazard Group 2 Corridors Ordinary Hazard Group 2 4-5-050D (Revised 8/16)5 - 6 16. Section 903 is amended by adding Sections 903.2.8.5 and 903.2.8.6 to read as follows: Section 903.2.8.5 – Group R-3 occu- pancy. When the occupancy has over five thousand (5,000) square feet of gross floor area. Section 903.2.8.6 – Dwellings. When proposed within all residential zones, clustered or constructed so that, when at- tached, the total square foot gross floor area of all dwelling units exceeds five thousand (5,000) square feet. For the purpose of this subsection, portions of buildings separated by one (1) or more firewalls will not be considered a sepa- rate building. (Ord. 5810, 7-11-2016) 17. Section 903.2.9, Group S-1. An auto- matic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists: a. A Group S-1 fire area exceeds five thousand (5,000) square feet. b. A Group S-1 fire area is located more than three (3) stories above grade plane. c. The combined area of all Group S-1 fire areas on all floors, including any mez- zanines, exceeds five thousand (5,000) square feet. d. A Group S-1 fire area used for the storage of commercial motor vehicles where the fire area exceeds five thou- sand (5,000) square feet. e. A Group S-1 occupancy used for the storage of upholstered furniture or mat- tresses exceeds two thousand five hun- dred (2,500) square feet. (Ord. 5810, 7- 11-2016) 18. Section 903.2.9.1, Repair Garages. An automatic sprinkler system shall be pro- vided throughout all buildings used as repair garages in accordance with Section 406 of the International Building Code, as shown: a. Buildings having two (2) or more sto- ries above grade plane, including base- ments, with a fire area containing a repair garage exceeding five thousand (5,000) square feet. b. Buildings no more than one (1) story above grade plane, with a fire area con- taining a repair garage exceeding five thousand (5,000) square feet. c. Buildings with repair garages servic- ing vehicles parked in basements. d. A Group S-1 fire area used for the re- pair of commercial motor vehicles where the fire area exceeds five thousand (5,000) square feet. (Ord. 5810, 7-11- 2016) 19. Section 903.2.9.2, Bulk Storage of Tires. Buildings and structures where the area for the storage of tires exceeds twenty thousand (20,000) cubic feet shall be equipped throughout with an automatic sprin- kler system in accordance with Section 903.3.1.1. (Ord. 5810, 7-11-2016) 20. Section 903.2.10, Group S-2 En- closed Parking Garages. An automatic sprinkler system shall be provided throughout buildings classified as enclosed parking ga- rages in accordance with Section 406.4 of the International Building Code as follows: a. Where the fire area of the enclosed parking garage exceeds five thousand (5,000) square feet; or b. Where the enclosed parking garage is located beneath other groups. Exception: Enclosed parking garages located beneath Group R-3 occupancies. (Ord. 5810, 7-11-2016) 21. Section 903.2.10.1, Commercial Parking Garages. An automatic sprinkler system shall be provided throughout build- ings used for storage of commercial motor vehicles where the fire area exceeds five thousand (5,000) square feet. (Ord. 5810, 7- 11-2016) 22. Section 903.2.11, Specific building areas and hazards. In all occupancies an automatic sprinkler system shall be installed for building design or hazards in the locations 4-5-050D 5 - 7 (Revised 8/16) set forth in Sections 903.2.11.1 through 903.2.11.6. Exception: Groups R-3 and U. (Ord. 5810, 7-11-2016) 23. Section 903.2.11.1, Stories Without Openings. An automatic sprinkler system shall be installed throughout all stories, in- cluding basements, of all buildings where the floor area exceeds one thousand five hun- dred (1,500) square feet and where there is not provided at least one (1) of the following types of exterior wall openings: a. Openings below grade that lead di- rectly to ground level by an exterior stair- way complying with Section 1009 or an outside ramp complying with Section 1010. Openings shall be located in each fifty (50) linear feet, or fraction thereof, of exterior wall in the story on at least one (1) side. The required openings shall be distributed such that the lineal distance between adjacent openings does not ex- ceed fifty feet (50'). b. Openings entirely above the adjoin- ing ground level totaling at least twenty (20) square feet in each fifty (50) linear feet, or fraction thereof, of exterior wall in the story on at least one (1) side. The re- quired openings shall be distributed such that the lineal distance between adjacent openings does not exceed fifty feet (50'). (Ord. 5810, 7-11-2016) 24. Section 903.2.11.1.1, Opening Di- mensions and Access. Openings shall have a minimum dimension of not less than thirty inches (30"). Such openings shall be accessi- ble to the fire department from the exterior and shall not be obstructed in a manner that fire fighting or rescue cannot be accom- plished from the exterior. (Ord. 5810, 7-11- 2016) 25. Section 903.2.11.1.2, Openings on One Side Only. Where openings in a story are provided on only one side and the oppo- site wall of such story is more than seventy- five feet (75') from such openings, the story shall be equipped throughout with an ap- proved automatic sprinkler system or open- ings as specified above shall be provided on at least two sides of the story. (Ord. 5810, 7- 11-2016) 26. Section 903.2.11.1.3, Basements. Where any portion of a basement is located more than seventy-five feet (75') from open- ings required by Section 903.2.11.1, or where walls, partitions or other obstructions are in- stalled that restrict the application of water from hose streams, the basement shall be equipped throughout with an approved auto- matic sprinkler system. (Ord. 5810, 7-11- 2016) 27. Section 903.2.11.2, Rubbish and Linen Chutes. An automatic sprinkler sys- tem shall be installed at the top of rubbish and linen chutes and in their termination rooms. Chutes shall have additional sprinkler heads installed at alternate floors and at the lowest intake. Where a rubbish chute extends through a building more than one (1) floor be- low the lowest intake, the extension shall have sprinklers installed that are recessed from the drop area of the chute and protected from freezing in accordance with Section 903.1.1. Such sprinklers shall be installed at alternate floors beginning with the second level below the last intake and ending with the floor above the discharge. Chute sprinklers shall be accessible for servicing. (Ord. 5810, 7-11-2016) 28. Section 903.2.11.3, Buildings Fifty- Five Feet (55') or More in Height. An auto- matic sprinkler system shall be installed throughout buildings that have one or more stories with an occupant load of thirty (30) or more located fifty-five feet (55') or more above the lowest level of fire department ve- hicle access, measured to the finished floor. Exceptions: a. Open parking structures; and b. Occupancies in Group F-2. (Ord. 5810, 7-11-2016) 29. Section 903.2.11.4, Ducts Conveying Hazardous Exhausts. Where required by the International Mechanical Code, automatic sprinklers shall be provided in ducts convey- ing hazardous exhaust, flammable or com- bustible materials. 4-5-050E (Revised 8/16)5 - 8 Exception: Ducts where the largest cross-sectional diameter of the duct is less than ten inches (10"). (Ord. 5810, 7- 11-2016) 30. Section 903.2.11.5, Commercial Cooking Operations. An automatic sprinkler system shall be installed in a commercial kitchen exhaust hood and duct system where an automatic sprinkler system is used to com- ply with Section 904. (Ord. 5810, 7-11-2016) 31. Section 903.2.11.6, Other Required Suppression Systems. In addition to the re- quirements of Section 903.2, the provisions indicated in Table 903.2.11.6 require the in- stallation of a fire suppression system for cer- tain buildings and areas. (Ord. 5810, 7-11- 2016) 32. Section 903.2.12, During Construc- tion. Automatic sprinkler systems required during construction, alteration and demolition operations shall be provided in accordance with Section 1413. (Ord. 5810, 7-11-2016) 33. Section 903 is amended by adding Section 903.2.13, to read as follows: Section 903.2.13, Automatic Sprinkler Systems in New Buildings: a. Section 903.2.13.1 – A fully auto- matic fire protection sprinkler system is to be installed in all new buildings in excess of five thousand (5,000) square feet total gross floor area, regardless of vertical or horizontal fire barriers, such sprinkler system shall be designed, installed and tested as per Section 903.3. b. Section 903.2.13.2 – A fully auto- matic fire protection sprinkler system may be required by the Chief of the Fire Department or the Fire Code Official for buildings less than five thousand (5,000) square feet total gross floor area when, in their judgment, supported by written doc- umentation from a professional organiza- tion (such as NFPA, ICC, SBCC U.L., ISO, etc.) verify that hazardous contents, critical exposure problems, limited acces- sibility to the building, or other items may contribute to a definite hazard. (Ord. 5810, 7-11-2016) 34. Section 903 is amended to add a new Section 903.2.14 to read as follows: Section 903.2.14, Sprinkler Systems in Re- modeled Buildings: a. Section 903.2.14.1 – When existing buildings with full sprinkler systems are remodeled or added onto, the remodeled or added on portion shall be fully sprin- klered. b. Section 903.2.14.2 – When an exist- ing building is added onto or remodeled and the resulting total square foot gross floor area exceeds five thousand (5,000) square feet, then the entire structure shall be fully sprinklered. All existing non- sprinklered buildings currently exceeding five thousand (5,000) square feet where a remodel, alteration or repair exceeds fifty percent (50%) of the building valua- tion within a three (3) year period shall have a sprinkler system installed throughout the building. Valuation shall be determined from the King County As- sessor records at the time of the first ap- plication for a building permit. (Ord. 3214, 4-10-1978; Ord. 4351, 5-4-1992; Ord. 4358, 7-20-1992; Ord. 4546, 7-24-1995; Amd. Ord. 4768, 3-8-1999; Ord. 5010, 5-19-2003; Ord. 5085, 6-21-2004; Ord. 5554, 10-11-2010; Ord. 5709, 4-14-2014; Ord. 5810, 7-11-2016) E.Repealed by Ord. 5297. 4-5-051 WASHINGTON STATE ENERGY CODE ADOPTED: The Washington State Energy Code (WSEC), as adopted by the State Building Code Council in chapter 51-11 WAC, excluding the Administration sections C106 through C111 and R106 through R111, is adopted by reference. The Construction Administrative Code, as set forth in RMC 4-5-060, shall be used in place of the Administration sec- tions C106 through C111 and R106 through R111. (Ord. 5297, 7-2-2007; Ord. 5555, 10-11-2010; Ord. 5710, 4-14-2014; Ord. 5810, 7-11-2016) 4-5-055B 5 - 9 (Revised 8/16) 4-5-055 INTERNATIONAL RESIDENTIAL CODE ADOPTED: The 2015 Edition of the International Residential Code (IRC), as adopted and amended by the State Building Code Council in chapter 51-51 WAC, as published by the International Code Council, is adopted by reference, with the City’s amendments thereto, as specified in subsections A through C of this Section. Chapter 1, Adminis- tration, is not adopted and the Construction Ad- ministrative Code, as set forth in RMC 4-5-060, shall be used in place of IRC Chapter 1, Adminis- tration. A. CITY AMENDMENTS TO IRC TABLE R301.2(1), CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA: Table R301.2(1) of the International Residential Code is amended to read as follows: Footnotes: 1. When using this roof snow load it will be left to the engineer’s judgment whether to consider drift or sliding snow. However, rain on snow surcharge of five (5) psf must be considered for roof slopes less than five degrees (5°). 2. Wind exposure category and Topographic effects (Wind Speed-up Kzt factor) shall be determined on a site-specific basis by the Design Professional in Responsible Charge (components and cladding need not consider topographic effects unless otherwise determined by the engineer of record). 3. From IRC Table 301.2(1). 4. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652. 5. The City of Renton participates in the National Flood Insurance Program (NFIP) as specified in City of Renton Resolution No. 1984, dated April 21, 1975. The City’s Flood Insurance Study is April 19, 2005, and the number and date of current effective Flood Insurance Rate Maps (FIRMS) are as follows: 53033CIND0A 04/19/2005 53033C0664F 05/16/1995 53033C0666F 05/16/1995 53033C0668F 05/16/1995 53033C0669F 05/16/1995 53033C0957F 05/16/1995 53033C0976F 05/16/1995 53033C0977F 05/16/1995 53033C0978F 05/16/1995 53033C0979F 05/16/1995 53033C0981F 05/16/1995 53033C0982F 05/16/1995 53033C0983F 05/16/1995 53033C0984F 05/16/1995 53033C0986F 05/16/1995 53033C0987F 05/16/1995 B. EXCEPTIONS: The provisions of this code do not apply to tempo- rary growing structures used solely for the com- mercial production of horticultural plants including ornamental plants, flowers, vegetables, and fruits. “Temporary growing structure” means a structure that has the sides and roof covered with polyeth- ylene, polyvinyl, or similar flexible synthetic mate- IRC Table R301.2(1) Climatic and Geographic Design Criteria Roof Snow Load1 Wind Design2 Seismic Design Category3 Subject to Damage From: Outside Design Temp. – Heat/Cool Ice Barrier Under-lay- ment Required Flood Hazards5 Air Freez- ing Index Mean Annual Temp. Speed Topo- graphic Effects Weathering4 Frost Line Depth Termite Decay 25 psf 110 mph See foot- note2 D2 Moderate 12" Slight to Moderate 24ºF/83ºF No N/A 113 50ºF 4-5-055C (Revised 8/16)5 - 10 rial and is used to provide plants with either frost protection or increased heat retention. A tempo- rary growing structure is not considered a building for purposes of this code. C. CONFLICTS: In the case of conflict between the duct sealing or insulation requirements of Section 603 or Section 604 of this code and the duct sealing or insulation requirements of Chapter 51-11C/R WAC, the Washington State Energy Code shall govern. (Ord. 5085, 6-21-2004; Amd. Ord. 5157, 9-26-2005; Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012; Ord. 5710, 4-14-2014; Ord. 5810, 7- 11-2016) 4-5-060 CONSTRUCTION ADMINISTRATIVE CODE: A. SECTION 101 – GENERAL: 1. 101.1 Title. These regulations shall be known as the Construction Administrative Code of the City of Renton, hereinafter re- ferred to as “this code”. 2. 101.2 Scope. The provisions of this Con- struction Administrative Code shall apply to building, plumbing, and mechanical permits and the following “Construction Codes”: a. 2015 International Building Code – WAC 51-50; b. 2015 International Residential Code – WAC 51-51; c. 2015 International Mechanical Code – WAC 51-52; d. 2015 National Fuel Gas Code (ANSI Z223.1/NFPA 54) – WAC 51-52; e. 2014 Liquefied Petroleum Gas Code (NFPA 58) – WAC 51-52; f. 2015 Uniform Plumbing Code – WAC 51-56 and 51-57; g. 2014 National Electrical Code (NFPA 70); h. 2015 International Property Mainte- nance Code; i. 2015 International Existing Building Code – WAC 51-50-48000; and j. 2015 International Swimming Pool and Spa Code – WAC 51-50-3109 and WAC 51-51-0329. (Ord. 5749, 1-12- 2015; Ord. 5810, 7-11-2016) 3. 101.2.1 Definitions. For the purpose of this section, certain terms, phrases, words and their derivatives shall have the meanings set forth in this section. Where terms are not defined, they shall have their ordinary ac- cepted meanings within the context with which they are used. Webster’s Third Interna- tional Dictionary of the English Language, Unabridged, latest edition, shall be consid- ered as providing ordinary accepted mean- ings. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. a. “Action” means a specific response complying fully with a specific request by the jurisdiction. b. “Building service equipment” means and refers to the plumbing, mechanical and electrical equipment including piping, wiring, fixtures, and other accessories which provide sanitation, lighting, heat- ing, ventilation, cooling, refrigeration, fire- fighting, and transportation facilities essential to the occupancy of the building or structure for its designated use. c. “Complete response” means an ade- quate response to all requests from City staff in sufficient detail to allow the appli- cation to be processed. d. “Occupancy” means the purpose for which a building, or part thereof, is used or intended to be used. e. “Shall,” as used in this section, is mandatory. f. “Valuation” or “value” as applied to a building or building service equipment, means and shall be the estimated cost to replace the building and its building ser- vice equipment in kind, based on current replacement costs. It shall also include the contractor’s overhead and profit. 4-5-060A 5 - 11 (Revised 8/16) 4. 101.3 Appendices. Provisions in the ap- pendices shall not apply unless specifically adopted. 5. 101.4 Intent. The purpose of the Con- struction Codes and the Construction Admin- istrative Code is to establish the minimum requirements to provide a reasonable level of safety, public health, and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide a reasonable level of safety to fire fighters and emergency responders during emergency operations. (Ord. 5810, 7- 11-2016) 6. 101.5 Referenced Codes. The codes listed in subsections RMC 4-5-060.A.6.a, 101.5.1 International Building Code – Scope, through RMC 4-5-060.A.6.k, 101.5.10 Venti- lation, and referenced elsewhere in the Con- struction Codes and the Construction Administrative Code shall be considered part of the requirements of the Construction Codes and the Construction Administrative Code to the prescribed extent of each such reference. a. 101.5.1 International Building Code – Scope. The provisions of the In- ternational Building Code (IBC) shall ap- ply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of every building or structure or any appurtenances connected or at- tached to such buildings or structures. Exception: Detached one (1) - and two (2) - family dwellings and multiple single- family dwellings (townhouses) not more than three (3) stories above grade plane in height with separate means of egress and their accessory structures not more than three (3) stories above grade plane in height shall comply with the Interna- tional Residential Code. (Ord. 5810, 7- 11-2016) b. 101.5.2 International Residential Code – Scope. The provisions of the In- ternational Residential Code for One- and Two-Family Dwellings (IRC) shall ap- ply to the construction, alteration, move- ment, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one (1) - and two (2) - family dwellings and multiple single-family dwellings (town- houses) not more than three (3) stories above grade plane in height with a sepa- rate means of egress and their accessory structures not more than three (3) stories above grade plane in height, including adult family homes, foster family care homes and family day care homes li- censed by the Washington state depart- ment of social and health services. Exception: Live/work units located in townhouses complying with the require- ments of Section 419 of the International Building Code shall be permitted to be constructed in accordance with the Inter- national Residential Code for One- and Two-Family Dwellings. Fire suppression required by Section 419.5 of the Interna- tional Building Code where constructed under the International Residential Code for One- and Two-Family Dwellings shall conform to Section P2904 of the Interna- tional Residential Code. (Ord. 5810, 7- 11-2016) c. 101.5.3 Electrical Code – Scope. The provisions of the Renton Code apply to the installation of electric conductors, electric equipment, alterations, modifica- tions or repairs to existing electrical in- stallations for the following: i. Electrical conductors, electrical equipment, and electrical raceways installed within or on public and pri- vate buildings, property or other structures. ii. Signaling and communications conductors and equipment, telecom- munications conductors and equip- ment, fiber optic cables, and raceways installed within or on public and private buildings, property or other structures. iii. Yards, lots, parking lots, and in- dustrial substations. 4-5-060A (Revised 8/16)5 - 12 iv. Temporary electrical installa- tions for use during the construction of buildings. v. Temporary electrical installations for carnivals, conventions, festivals, fairs, traveling shows, the holding of religious services, temporary lighting of streets, or other approved uses. vi. Installations of conductors and equipment that connect to a supply of electricity. vii. All other outside electrical con- ductors on the premises. viii. Optional standby systems de- rived from portable generators. Exception: Installations under the exclu- sive control of electric utilities for the pur- pose of communication, transmission, and distribution of electric energy located in buildings used exclusively by utilities for such purposes or located outdoors on property owned or leased by the utilities or on public highways, streets, roads, etc., or outdoors by established rights on private property. It is the intent of this section that this code covers all premises’ wiring or wiring other than utility owned metering equipment, on the load side of the service point of buildings, structures, or any other prem- ises not owned or leased by the utility. Also, it is the intent that this code covers installations in buildings used by the util- ity for purposes other than listed above, such as office buildings, warehouses, ga- rages, machine shops, and recreational buildings which are not an integral part of a generating plant, substation, or control center. The provisions of 296-46B WAC may also apply to electrical installations and alterations. The provisions of Chapter 480-93 WAC are enforced by the Wash- ington Utilities and Transportation Com- mission, while the provisions of Chapter 296-46B WAC are enforced by the Wash- ington State Department of Labor and In- dustries. d. 101.5.4 Gas Code – Scope. The provisions of the National Fuel Gas Code (NFGC) shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code when utilizing natu- ral gas and gaseous hydrogen except those regulated by the International Res- idential Code (IRC) and those utilizing LPG. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of ap- pliances and the installation and opera- tion of residential and commercial gas appliances and related accessories. e. 101.5.5.1 Mechanical Code – Scope. The provisions of the Interna- tional Mechanical Code (IMC) shall apply to the design, installation, maintenance, alteration and inspection of mechanical systems that are permanently installed and utilized to provide control of environ- mental conditions and related processes within buildings. The International Me- chanical Code shall also regulate those mechanical systems, system compo- nents, equipment and appliances specifi- cally addressed herein. The installation of fuel gas distribution piping and equip- ment, fuel gas-fired appliances and fuel gas-fired appliance venting systems shall be regulated by the National Fuel Gas Code. Exceptions: i. Detached one (1) - and two (2) - family dwellings and multiple single- family dwellings (townhouses) not more than three (3) stories high with separate means of egress and their accessory structures shall comply with the International Residential Code. ii. The standards for liquefied petro- leum gas (LPG) installations shall be NFPA 58 (Liquefied Petroleum Gas Code) and ANSI Z223.1/NFPA 54 (National Fuel Gas Code). f. 101.5.5.2 Other authorities. In addi- tion to the International Mechanical Code, provisions of Chapter 480-93 WAC regarding gas pipeline safety may 4-5-060A 5 - 13 (Revised 8/16) also apply to single meter installations serving more than one (1) building. The provisions of Chapter 480-93 WAC are enforced by the Washington Utilities and Transportation Commission. g. 101.5.6 Plumbing Code – Scope. The provisions of the Uniform Plumbing Code (UPC) shall apply to the installa- tion, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurte- nances, and where connected to a water or sewage system and all aspects of a medical gas system. h. 101.5.7 Property maintenance. The provisions of the International Prop- erty Maintenance Code, as amended by RMC 4-5-130 shall apply to existing structures to provide minimum standards to safeguard life or limb, health, property, and public welfare by regulating and con- trolling the use and occupancy, location, and maintenance of all residential build- ings and other structures within this juris- diction. i. 101.5.8 Fire prevention. The provi- sions of the International Fire Code (IFC) shall apply to matters affecting or relating to structures, processes, premises and safeguards from the hazard of fire and explosion arising from the storage, han- dling or use of structures, materials or de- vices; from conditions hazardous to life, property or public welfare in the occu- pancy or operation of structures or prem- ises; from matters related to the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or oper- ation: and matters related to prepared- ness for natural or manmade disasters; and from conditions affecting the safety of fire fighters and emergency respond- ers during emergency procedures. (Ord. 5810, 7-11-2016) j. 101.5.9 Energy Code – Scope. The provisions of the Washington State En- ergy Code (WSEC) shall apply to all mat- ters governing the design and construction of buildings for energy effi- ciency. WAC 51-11R applies to residen- tial buildings, building sites, associated systems and equipment, and WAC 51- 11C applies to commercial buildings, building sites, associated systems and equipment. (Ord. 5810, 7-11-2016) k. 101.5.10 Ventilation. The provisions of the mechanical code shall apply to all occupancies to govern minimum require- ments for ventilation. l. 101.5.11 International Existing Building Code – Scope. The provisions of the International Existing Building Code shall apply to matters governing the repair, alteration, change of occu- pancy, addition to and relocation of exist- ing buildings. i. 101.5.11.1 Buildings previously occupied. The legal occupancy of any building existing on July 1, 2016 shall be permitted to continue without change, except as is specifically cov- ered in this code, the International Fire Code, or as deemed necessary by the code official to mitigate an un- safe building. For the purpose of this section, “unsafe building” is not to be construed to mean a mere lack of compliance with the current code. ii. 101.5.11.2 Appendices. The code official is authorized to require rehabilitation and retrofit of buildings, structures, or individual structural members in accordance with the ap- pendices of this code if such appen- dices have been individually adopted. Appendix A of the Interna- tional Existing Building Code, Guide- lines for the Seismic Retrofit of Existing Buildings, is hereby adopted as part of this code without any spe- cific adoption by the local jurisdiction. (Ord. 5810, 7-11-2016) m. 101.5.12 International Swimming Pool and Spa Code – Scope. The provi- sions of this code shall apply to the con- struction, alteration, movement, renovation, replacement, repair and maintenance of aquatic recreation facili- ties, pools and spas. The pools and spas covered by this code are either perma- nent or temporary, and shall be only 4-5-060B (Revised 8/16)5 - 14 those that are designed and manufac- tured to be connected to a circulation system and that are intended for swim- ming, bathing or wading. Swimming pools, spas and other aquatic recreation facilities shall comply with the Interna- tional Swimming Pool and Spa Code, where the facility is one of the following: i. For the sole use of residents and invited guests at a single-family dwelling; ii. For the sole use of residents and invited guests of a duplex owned by the residents; or iii. Operated exclusively for physi- cal therapy or rehabilitation and un- der the supervision of a licensed medical practitioner. Public swimming pool barriers shall be regulated by WAC 246-260-031(4). All other “water recreation facilities” as de- fined in RCW 70.90.110 are regulated under chapters 246-260 and 246-262 WAC. (Ord. 5810, 7-11-2016) B. SECTION 102 – APPLICABILITY: 1. 102.1.1 General. Where there is a con- flict between a general requirement and a specific requirement, the specific require- ment shall be applicable. Where, in any spe- cific case, different sections of the Construction Codes specify different materi- als, methods of construction or other require- ments, the most restrictive shall govern except that the hierarchy of the codes named in RCW 19.27 shall govern. 2. 102.1.2 New Installations. The adopted Construction Codes apply to new installa- tions. Exception: If an electrical, plumbing or me- chanical permit application is received after the adopted Construction Codes have taken effect, but is identified with a building permit application received prior to the effective date of the ordinance codified in this section, all applicable codes adopted and in force at the time of a complete building permit application will apply. (Ord. 5810, 7-11-2016) 3. 102.1.3 Existing installations. Lawfully installed existing installations that do not comply with the provisions of the adopted Construction Codes shall be permitted to be continued without change, except as specifi- cally authorized by this section, the Interna- tional Existing Building Code, the International Property Maintenance Code, the International Fire Code or as is deemed necessary by the building official for the gen- eral safety and welfare of the occupants and the public. Where changes are required for correction of hazards, a reasonable amount of time shall be given for compliance, de- pending on the degree of the hazard. (Ord. 5810, 7-11-2016) 4. 102.1.4 Maintenance. Buildings and structures, including their electrical, plumbing and mechanical systems, equipment, materi- als and appurtenances, both existing and new, and parts thereof shall be maintained in proper operating condition in accordance with the original design and in a safe, hazard- free condition. Devices or safeguards that are required by the adopted Construction Codes shall be maintained in compliance with the code edition under which installed. The owner or the owner’s designated agent shall be responsible for the maintenance of the systems and equipment. To determine com- pliance with this provision, the code official shall have the authority to require that the systems and equipment be reinspected. (Ord. 5810, 7-11-2016) 5. 102.1.5 Additions, alterations, modifi- cations or repairs. Additions, alterations, modifications or repairs to a building or struc- ture or to the electrical, plumbing or mechan- ical system(s) of any building, structure, or premises shall conform to the requirements of the adopted Construction Codes. How- ever, those portions of the existing building or system not being altered or modified are only required to comply with all the requirements of the adopted Construction Codes when specifically required in this chapter, the Inter- national Existing Building Code, the Interna- tional Property Maintenance Code, the International Fire Code, or when deemed necessary by the building official for the gen- eral safety and welfare of the occupants and the public. Installations, additions, alter- ations, modifications, relocations or repairs shall not cause an existing building to be- 4-5-060B 5 - 15 (Revised 8/16) come unsafe or to adversely affect the perfor- mance of the building as determined by the building official or designated representative. Electrical wiring added to an existing service, feeder, or branch circuit shall not result in an installation that violates the provisions of the code in force at the time the additions were made. (Ord. 5810, 7-11-2016) 6. 102.2 Other laws. The provisions of the Construction Codes and the Construction Ad- ministrative Code shall not be deemed to nul- lify any provisions of local, state or federal law. 7. 102.3 Application of references. Refer- ences to chapter or section numbers, or to provisions not specifically identified by num- ber, shall be construed to refer to such chap- ter, section or provision of the Construction Codes. 8. 102.4 Existing structures and installa- tions. The legal occupancy of any structure existing on the date of adoption of the Con- struction Codes shall be permitted to con- tinue without change, except as is specifically covered in the referenced codes listed in RMC 4-5-060.A.6, 101.5 Referenced Codes, this code, or as is deemed necessary by the building official for the general safety and wel- fare of the occupants and the public. 9. 102.5 Added electrical wiring. Electri- cal wiring added to an existing service, feeder, or branch circuit shall not result in an installation that violates the provisions of this section in force at the time the additions were made. 10. 102.6.1 Moved buildings. Buildings or structures moved into or within a jurisdiction shall comply with the provisions of this code, the International Existing Building Code (WAC 51-50) when applicable, the Interna- tional Residential Code (WAC 51-51), the In- ternational Building Code (WAC 51-50), the International Mechanical Code (WAC 51-52), the International Fire Code (WAC 51-54), the Uniform Plumbing Code and Standards (WAC 51-56 and 51-57), and the Washington State Energy Code (WAC 51-11). Exception: Group R-3 buildings or structures are not required to comply if: a. The original occupancy classification is not changed; and b. The original building is not substan- tially remodeled or rehabilitated. For the purposes of this section a building shall be considered to be substantially re- modeled when the costs of remodeling ex- ceed sixty percent (60%) of the value of the building exclusive of the costs relating to preparation, construction, demolition or reno- vation of foundations. Valuation shall be de- termined from the King County Assessor records at the time of the first application for a building permit. (Ord. 5810, 7-11-2016) 11. 102.6.2 Moved Buildings, Electrical. a. Nonresidential buildings or struc- tures moved into or within the jurisdiction must be inspected to ensure compliance with current requirements of this section. b. Residential buildings or structures moved into the jurisdiction must be in- spected to ensure compliance with the NEC requirements in effect at the time and place the original wiring was made. The building or structure must be in- spected to ensure compliance with all current requirements of Chapter 19.28 RCW and the rules developed by the de- partment if: i. The original occupancy classifi- cation of the building or structure is changed as a result of the move; or ii. The building or structure has been substantially remodeled or re- habilitated as a result of the move. 12. 102.7.1 Referenced codes and stan- dards. The codes and standards referenced in the Construction Codes shall be consid- ered part of the requirements of the Construc- tion Codes to the prescribed extent of each such reference. Where differences occur be- tween provisions of the Construction Codes and referenced codes and standards, the provisions of the Construction Codes shall apply. 4-5-060C (Revised 8/16)5 - 16 Exception. Where enforcement of a code provision would violate the conditions of the listing of equipment or an appliance, the con- ditions of the listing and the manufacturer’s installation instructions shall apply. 13. 102.7.2 International Fire Code - Ref- erenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 80, except all references to the NFPA 70 National Elec- trical Code shall be substituted with the phrase, “Renton Electrical Code”. Such codes and standards shall be considered part of the requirements of this code to the pre- scribed extent of each such reference as de- termined or modified by the fire code official. In the event the referenced codes are incon- sistent with this code, this code shall apply. (Ord. 5810, 7-11-2016) 14. 102.8 Partial invalidity. In the event that any part or provision of the Construction Codes is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. 15. 102.9 Requirements not covered by code. Requirements necessary for the strength, stability or proper operation of an existing or proposed structure or installation, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the building official. 16. 102.10 Structures in Areas of Special Flood Hazard. Buildings located in Areas of Special Flood Hazard shall be regulated un- der the International Building Code or the In- ternational Residential Code, and the Renton Municipal Code. C. SECTION 103 – ENFORCEMENT AUTHORITY: 1. 103.1 Creation of Enforcement Agency. The building section is hereby cre- ated and the official in charge thereof shall be known as the building official. 2. 103.2 Building official. The building offi- cial is responsible for administration and in- terpretation of the Construction Administrative Code and the Construction Codes, except that the fire marshal or his or her designee shall be responsible for admin- istration and interpretation of the International Fire Code. 3. 103.3 Deputies. The building official may delegate authority to a deputy building offi- cial, related technical officers, code enforce- ment officers, inspectors, plan examiners or other City employees. Such employees shall have powers as delegated by the building of- ficial. 4. 103.4 Fire Marshal/Deputy(s)/Assis- tant(s). In accordance with prescribed proce- dures of this jurisdiction, the fire code official shall have the authority to appoint a Fire Mar- shal, Deputy Fire Marshal(s) and/or Assistant Fire Marshal(s), other related technical offi- cers, inspectors and other employees. 5. 103.5 Assistance from other agencies. Police and other enforcement agencies shall have authority to render necessary assis- tance in the investigation of fires or the en- forcement of this code as requested by the fire code official, or his/her designee. 6. 103.6 Obstructing operations. No per- son shall obstruct the operations of the Fire and Emergency Services Department in con- nection with extinguishment, control, or in- vestigation of any fire or actions relative to other emergencies, or disobey any lawful command of the fire chief or officer of the Fire and Emergency Services Department in charge of the emergency, or any part thereof, or any lawful order of a police officer assisting the Fire and Emergency Services Depart- ment. D. SECTION 104 – ORGANIZATION AND DUTIES: 1. 104.1 General. The building official is hereby authorized and directed to administer, interpret and enforce the provisions of this Construction Administrative Code and all Construction Codes using inspector consul- tation, except the International Fire Code. Af- ter consulting with the inspectors, the building official shall have the authority to render inter- pretations of said codes and to adopt policies and procedures in order to clarify the applica- tion of their provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of the codes and shall not have the effect of waiving require- 4-5-060D 5 - 17 (Revised 8/16) ments specifically provided for in the codes. All references in this code to the “department of fire prevention within the jurisdiction” shall be synonymous with the Fire and Emergency Services Department under the direction of the fire code official. The function of the de- partment shall be the implementation, admin- istration and enforcement of the provisions of this code. 2. 104.2 Liability. The building official, or employee charged with the enforcement of this code, while acting in good faith and with- out malice in the discharge of the duties re- quired by this code or other pertinent law or ordinance, shall not thereby be rendered civ- illy or criminally liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit or criminal complaint instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties while acting in good faith and without malice and under the provisions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The building official or subordinate shall not be li- able for cost in any action, suit or proceeding that is instituted in pursuance of the provi- sions of this code. (Ord. 5810, 7-11-2016) 3. 104.3 Applications and permits. The building official shall receive applications, re- view construction documents and issue per- mits for the erection, alteration, demolition and moving of buildings, structures and build- ing service equipment, inspect the premises for which such permits have been issued and enforce compliance with the provisions of the Construction Codes and the Construction Ad- ministrative Code. 4. 104.4 Notices and orders. The building official shall issue all necessary notices or or- ders to ensure compliance with the Construc- tion Codes and the Construction Administra- tive Code. 5. 104.5 Declaration of emergency - tag- ging of buildings. Following a City of Renton-issued formal declaration of emer- gency, the building official shall be authorized to evaluate and provide building safety evalu- ations. Evaluations shall generally follow standards from the Applied Technology Council ATC 20, ATC 20-1, or ATC 45 manu- als. The procedure shall allow for the tagging of buildings as “Inspected,” “Limited Entry” or “Unsafe.” Notice of orders pertaining to dan- gerous buildings and appeal procedures es- tablished under adopted building codes shall not apply under official declarations of emer- gency. 6. 104.6 Inspections. The building official shall make all of the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such in- spections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to re- port upon unusual technical issues that arise at the applicant’s expense. 7. 104.7 Identification. The building official shall carry proper identification when inspect- ing structures or premises in the performance of duties under the Construction Codes and the Construction Administrative Code. 8. 104.8 Right of entry. Where it is neces- sary to make an inspection to enforce the pro- visions of the Construction Codes and the Construction Administrative Code, or where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of the Construction Codes and the Construction Administrative Code which makes the structure or premises unsafe, dan- gerous or hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by the Construction Codes and the Construction Administrative Code, provided that if such structure or prem- ises be occupied that credentials be pre- sented to the occupant and entry requested. If such structure or premises is unoccupied, the building official shall first make a reason- able effort to locate the owner, the owner’s authorized agent or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. 4-5-060D (Revised 8/16)5 - 18 Where the code official has first obtained a proper inspection warrant or other remedy provided by law to secure entry, an owner, the owner’s authorized agent or occupant or per- son have charge, care or control of the build- ing or premises shall not fail or neglect to promptly permit entry therein by the code of- ficial for the purpose of inspection and exam- ination pursuant to the applicable construction code. (Ord. 5810, 7-11-2016) 9. 104.9 Department records. The build- ing official shall keep official records of appli- cations received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public re- cords. 10. 104.10 Approved materials and equipment. Materials, equipment and de- vices approved by the building official shall be constructed and installed in accordance with such approval. 11. 104.11 Used materials and equip- ment. The use of used materials and building service equipment which meet the require- ments of this code for new materials is per- mitted. Used equipment and devices shall not be reused unless prior approval is obtained from the building official. 12. 104.12 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of the Construction Codes and the Construction Administrative Code, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or owner’s autho- rized agent, provided the building official shall first find that special individual reason makes the strict letter of the Construction Codes and the Construction Administrative Code im- practical and the modification is in compli- ance with the intent and purpose of the Construction Codes and the Construction Ad- ministrative Code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The de- tails of action granting modifications shall be recorded and entered in the files of the de- partment. The building official is authorized to charge an additional fee to evaluate any pro- posed modification under the provisions of this section. (Ord. 5810, 7-11-2016) 13. 104.13 Alternative materials, design and methods of construction and equip- ment. The provisions of the Construction Codes are not intended to prevent the instal- lation of any material or to prohibit any design or method of construction not specifically pre- scribed by the Construction Codes, provided that any such alternative has been approved by the building official. An alternative mate- rial, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and com- plies with the intent of the provisions of the Construction Codes, and that the material, method or work offered is, for the purpose in- tended, at least the equivalent of that pre- scribed in the Construction Codes in quality, strength, effectiveness, fire resistance, dura- bility and safety. Where the alternative mate- rial, design or method of construction is not approved, the building official shall respond in writing, stating the reasons why the alterna- tive was not approved. The building official is authorized to charge an additional fee to eval- uate any proposed alternate material, design and/or method of construction and equipment under the provisions of this section. (Ord. 5810, 7-11-2016) 14. 104.14 Research reports. Supporting data, where necessary to assist in the ap- proval of materials or assemblies not specifi- cally provided for in the Construction Codes, shall consist of valid research reports from approved sources. 15. 104.15 Tests. Whenever there is insuf- ficient evidence of compliance with the provi- sions of the Construction Codes, or evidence that a material or method does not conform to the requirements of the Construction Codes, or in order to substantiate claims for alterna- tive materials or methods, the building official shall have the authority to require tests as ev- idence of compliance to be made at no ex- pense to the jurisdiction. Test methods shall be as specified in the Construction Codes or by other recognized test standards. In the ab- sence of recognized and accepted test meth- ods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the 4-5-060D 5 - 18.1 (Revised 8/16) period required for retention of public re- cords. 16. 104.16.1 Responsibility for compli- ance. Compliance with the requirements of this code is the obligation of the owner of the building, structure, or premises, the duly au- thorized agent of the owner, and other per- sons responsible for the condition or work, and not of the City or any of its officers, em- ployees or agents. 17. 104.16.2 Responsibilities of regis- tered design professional in responsible charge. It is the responsibility of the regis- tered design professional in responsible charge to ensure that the information in the construction documents is complete, accu- rate, and, to the best of the design profes- sional’s knowledge, conforms to the requirements of this code. 18. 104.16.3 Responsibilities of struc- tural engineer in responsible charge. It is the responsibility of the structural engineer in responsible charge to: a. Design the primary structure; Exception: A licensed engineer other than the structural engineer in responsi- ble charge may design the primary struc- ture of single-story metal buildings. b. Specify design loads, configurations, controlling dimensions, deflection limits and/or other criteria necessary for the de- sign of secondary structural components and sub-systems and the selection of structurally qualified products; c. Determine the adequacy and confor- mance of the application of the structur- ally qualified products with the design intent of the City-approved construction documents; d. Review for compatibility with the City-approved construction documents previously approved by the building offi- cial, the deferred submittals for the pri- mary structural frame and the design and deferred submittals for secondary mem- bers for the following structural elements: i. Wood trusses; ii. Glu-lam beams; iii. Steel joists; iv. Structural steel; v. Steel decking; vi. Prefabricated stair systems; vii. Precast concrete piles; viii. Post-tensioned floor systems; ix. Curtain wall systems; x. Precast prestressed planks; xi. Major skylight frames; and xii. Precast concrete/masonry wall panels. The building official may approve addi- tions to, or deletions from this list for spe- cific projects. If there is no structural engineer in responsible charge on the project, the architect in responsible charge shall assume these responsibili- ties. 19. 104.16.4 Responsibilities of contrac- tor. It is the responsibility of the contractor to perform all the work in conformance with the City-approved construction documents. 20. 104.16.5 Responsibilities of plans ex- aminer. It is the responsibility of the plans ex- aminer to verify that the description of the work in the construction documents is sub- stantially complete, and to require corrections where, to the best of the plans examiner's knowledge, the construction documents do not conform to this code or other pertinent laws and ordinances. 21. 104.16.6 Responsibilities of field in- spector. It is the responsibility of the field in- spector to conduct inspections to verify that the work in progress conforms with the ap- proved construction documents and to re- quire corrections where, to the best of the field inspector's knowledge, the work either does not conform to the construction docu- ments or where the work is in violation of this code or other pertinent laws and ordinances. 4-5-060E (Revised 8/16)5 - 18.2 E. SECTION 105 – PERMITS: 1. 105.1 Required. Any owner or owner’s authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or struc- ture, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the in- stallation of which is regulated by the Con- struction Codes and the Construction Administrative Code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. a. 105.1.1 Annual permit. In lieu of an individual permit for each alteration to an already approved electrical, gas, me- chanical or plumbing installation, the building official is authorized to issue an annual permit upon application therefor to any person, firm or corporation regu- larly employing one or more qualified tradespersons in the building, structure or on the premises owned or operated by the applicant for the permit. b. 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of al- terations made under such annual per- mit. The building official shall have access to such records upon request during the time of inspection and such re- cords shall be filed with the building offi- cial as designated. c. 105.1.3 Electrical permit required. In accordance with Chapter 19.28 RCW, an electrical permit is required for the fol- lowing installations: i. The installation, alteration, repair, replacement, modification or mainte- nance of all electrical systems, wire and electrical equipment regardless of voltage. ii. The installation and/or alteration of low voltage systems defined as: (a) NEC, Class 1 power limited circuits at thirty (30) volts maxi- mum. (b) NEC, Class 2 circuits pow- ered by a Class 2 power supply as defined in NEC 725.41(A). (c) NEC, Class 3 circuits pow- ered by a Class 3 power supply as defined in NEC 725.41(A). iii. Telecommunications Systems. (a) All installations of telecom- munications systems on the cus- tomer side of the network demarcation point for projects greater than ten (10) telecommu- nications outlets. (b) All backbone installations regardless of size and all tele- communications cable or equip- ment installations involving penetrations of fire barriers or passing through hazardous loca- tions require permits and inspec- tions. (c) The installation of greater than ten (10) outlets and the as- sociated cables along any hori- zontal pathway from a telecommunications closet to work areas during any continu- ous ninety (90) - day period re- quires a permit and inspection. (d) In Residential Groups R-1 and R-2 occupancies as defined in the International Building Code, permits and inspections are required for all backbone in- stallations, all penetrations of fire-resistive walls, ceilings and floors; and installations of greater than ten (10) outlets in common areas. (e) Definitions of telecommuni- cations technical terms will come from Chapter 19.28 RCW, the currently adopted WAC rules, EIA/TIA standards, and the NEC. d. 105.1.4 Grading permit required. No person shall do any grading without first obtaining a grading permit from the building official. (Ord. 5810, 7-11-2016) 4-5-060E 5 - 18.2a (Revised 8/16) 2. 105.2 Work exempt from permit. Ex- emptions from permit requirements related to the Construction Codes shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of the Construction Codes or any other laws or ordinances of this jurisdiction. Permit exemp- tions shall not apply to Areas of Flood Hazard and City Land Use Critical Areas. Permits shall not be required for the following: a. Public service agencies or Work in the Public Way. i. A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equip- ment that is under the ownership and control of public service agencies es- tablished by right. ii. A permit shall not be required for work located primarily in a public way, public utility towers and poles (but not exempting wireless commu- nications facilities not located in a public way) and hydraulic flood con- trol structures. b. Grading. i. An excavation below existing fin- ished grade for basements and foot- ings of an existing building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any excavation having an unsupported height greater than five feet (5’). ii. An excavation of less than fifty (50) cubic yards of materials which: (a) is less than two (2) feet in depth and/or (b) which does not create a cut slope of a ratio steeper than two (2) horizontal to one (1) vertical. (c) A fill of less than fifty (50) cubic yards of material which is less than one foot (1’) in depth and placed on natural terrain with a slope flatter than five (5) horizontal to one (1) vertical. c. Building. i. One (1) story detached acces- sory structures constructed under the provisions of the IRC used as tool and storage sheds, tree supported play structures, playhouses and sim- ilar uses, provided the floor area does not exceed two hundred (200) square feet (18.58 m2). ii. Fences not over six feet (6’) (1,829 mm) high. iii. Oil derricks. iv. Retaining walls and rockeries which are not over four feet (4’) (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a sur- charge or impounding Class I, II or III-A liquids. v. Water tanks supported directly on grade if the capacity does not ex- ceed five thousand (5,000) gallons (18,925 L) and the ratio of height to diameter or width does not exceed two (2) to one (1). vi. Sidewalks, decks and driveways not more than thirty inches (30”) (762 mm) above grade and not over any basement or story below and which are not part of an accessible route. vii. In-kind re-roofing of one (1) - and two (2) - family dwellings pro- vided the roof sheathing is not re- moved or replaced. viii. Painting, non-structural wood and vinyl siding, papering, tiling, car- peting, cabinets, counter tops and similar finish work, provided that ex- isting, required accessible features are not altered. ix. Temporary motion picture, tele- vision and theater stage sets and scenery. 4-5-060E (Revised 8/16)5 - 18.2b x. Prefabricated swimming pools accessory to one (1) - and two (2) - family dwellings or Group R-3 occu- pancy which are less than twenty- four inches (24”) (610 mm) deep, do not exceed five thousand (5,000) gal- lons (18,925 L) and are installed en- tirely above ground. xi. Shade cloth structures con- structed for garden nursery or agri- cultural purposes and not including service systems. xii. Swings, slides and other similar playground equipment. xiii. Window awnings supported by an exterior wall which do not project more than fifty-four inches (54”) (1,372 mm) from the exterior wall and do not require additional support of a one (1) - and two (2) - family dwelling or a Group R-3 or U occupancy. xiv. Movable cases, counters and partitions not over five feet nine inches (5’9”) (1,753 mm) in height. xv. Satellite earth station antennas six and one-half feet (6-1/2’) (2 m) or less in diameter in zones other than residential zones. xvi. Satellite earth station antennas three and one quarter (3-1/4’) (1 m) or less in diameter in residential zones. xvii. Video programming service antennas three and one quarter feet (3-1/4’) (1 m) or less in diameter or diagonal dimension, regardless of zone. xviii. Replacement of nonstructural siding on IRC structures except for veneer, stucco or exterior finish and insulation systems (EFIS). xix. Window and door replacement for IRC structures where openings are not increased, U-Value is .30 or less, safety glass is installed in haz- ardous locations, and the openable portion of egress window in bed- rooms and basements are not de- creased in any dimension. (Ord. 5810, 7-11-2016) xx. Job shacks that are placed at a permitted job site during construction may be allowed on a temporary basis and shall be removed upon final ap- proval of construction. A job shack is a portable structure for which the pri- mary purpose is to house equipment and supplies, and which may serve as a temporary office during con- struction for the purposes of the con- struction activity. d. Electrical. i. Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an ap- proved receptacle when that cord or cable is permitted by the National Electrical Code. ii. Repair or replacement of fixed motors, transformers or fixed ap- proved appliances or devices rated fifty amps or less which are like-in- kind in the same location. iii. Temporary decorative lighting, when used for a period not to exceed ninety (90) days and removed at the conclusion of the ninety (90) - day period. iv. Repair or replacement of cur- rent-carrying parts of any switch, conductor or control device which are like-in-kind in the same location. v. Repair or replacement of attach- ment plug(s) and associated recep- tacle(s) rated fifty (50) amperes or less which are like-in-kind in the same location. vi. Repair or replacement of any over-current device which is like-in- kind in the same location. vii. Repair or replacement of elec- trodes or transformers of the same 4-5-060E 5 - 18.2c (Revised 8/16) size and capacity for signs or gas tube systems. viii. Removal of electrical wiring. (Revised 8/16)5 - 18.2d This page left intentionally blank. 4-5-060E 5 - 18.3 (Revised 8/14) ix. Telecommunications Systems as follows: (a) Telecommunications outlet installations within individual dwelling units. (b) The installation or replace- ment of cord and plug connected telecommunications equipment or for patch cord and jumper cross-connected equipment. x. Listed wireless security systems where power is supplied by a listed Class 2 plug in transformer installed within dwelling units. xi. A permit shall not be required for the installation, alteration or repair of electrical wiring, apparatus or equip- ment or the generation, transmis- sion, distribution or metering of electrical energy or in the operation of signals or the transmission of intel- ligence by a public or private utility in the exercise of its function as a serv- ing utility. xii. Portable generators serving only cord and plug connected loads supplied through receptacles on the generator rated at four thousand (4,000) watts or less. xiii. Travel trailers. xiv. Like-in-kind replacement of a: contactor, relay, timer, starter, circuit board, or similar control component; household appliance; circuit breaker; fuse; residential luminaire; lamp; snap switch; dimmer; receptacle out- let; thermostat; heating element; lu- minaire ballast with an exact same ballast; component(s) of electric signs, outline lighting, skeleton neon tubing when replaced on-site by an appropriate electrical contractor and when the sign, outline lighting or skeleton neon tubing electrical sys- tem is not modified; ten (10) horse- power or smaller motor; and induction detection loops described in WAC 296-46B-300(2) and used to control gate access devices. xv. Low-voltage circuits for built-in residential vacuum systems, under- ground landscape sprinkler systems and residential garage doors. xvi. Low-voltage circuits for under- ground landscape lighting when power supplying the installation is derived from a listed Class 2 power supply and the installation isn’t cov- ered under Article 680 of the NEC for swimming pools, fountains and simi- lar installations. e. Mechanical. i. Portable heating, cooking, or clothes drying appliances. ii. Portable ventilation equipment. iii. Portable cooling unit. iv. Steam, hot or chilled water pip- ing within any heating or cooling equipment regulated by the Con- struction Codes. v. Replacement of any part which does not alter its approval or make it unsafe. vi. Portable evaporative cooler. vii. Self-contained refrigeration sys- tem containing ten (10) pounds (4.54 kg) or less of refrigerant and actuated by motors of one (1) horsepower (746 W) or less. viii. Portable fuel cell appliances that are not connected to a fixed pip- ing system and are not intercon- nected. f. Plumbing. i. The stopping and/or repairing of leaks in drains, water, soil, waste or vent pipe provided, however, that should any concealed trap, drain pipe, water, soil, waste or vent pipe become defective and it becomes necessary to remove and replace the same with new material, the same shall be considered as new work and 4-5-060E (Revised 8/14)5 - 18.4 a permit shall be obtained and in- spection made as provided in the Construction Codes. ii. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstal- lation of water closets, provided such repairs do not involve or require re- placement or rearrangement of valves, pipes or fixtures. iii. Reinstallation or replacement of prefabricated fixtures that do not in- volve or require the replacement or rearrangement of valves or pipes. 3. 105.2.1 Emergency repairs. Where equipment replacements and equipment re- pairs must be performed in an emergency sit- uation, the permit application shall be submitted within the next working business day to the building official. 4. 105.2.2 Repairs. Application or notice to the building official is not required for ordinary repairs to structures. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress require- ments; nor shall ordinary repairs include an addition to, alteration of, replacement or relo- cation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or gen- eral safety. 5. 105.3 Application for permit. To obtain a permit, the applicant shall first file a com- plete application in writing on a form fur- nished by the building department for that purpose. Such application shall: a. Identify and describe the work to be covered by the permit for which applica- tion is made. b. Describe the land on which the pro- posed work is to be done by legal de- scription, street address or similar description that will readily identify and definitely locate the proposed building or work. c. Indicate the use and occupancy for which the proposed work is intended. d. Be accompanied by construction documents and other information as re- quired in RMC 4-5-060.G, Section 107 – Submittal Documents. e. State the valuation of the proposed work. f. Be signed by the applicant or the ap- plicant’s authorized agent. g. Give such other data and information as required by the building official. 6. 105.3.1 Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the con- struction documents do not conform to the re- quirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefor. If the building of- ficial is satisfied that the proposed work con- forms to the requirements of the Construction Codes and the Construction Administrative Code and laws and ordinances applicable thereto, the building official shall issue a per- mit therefor as soon as practicable. 7. 105.3.2 Time limitation of application. a. Applications for which no permit is is- sued within twelve (12) months following the date of application shall expire by lim- itation and plans and other data submit- ted for review may thereafter be returned to the applicant or destroyed in accor- dance with state law. b. The building official may extend the life of an application if any of the following conditions exist: i. Compliance with the State Envi- ronmental Policy Act is in progress; or ii. Any other City review is in prog- ress; provided the applicant has sub- 4-5-060E 5 - 18.5 (Revised 8/16) mitted a complete response to City requests or the building official deter- mines that unique or unusual circum- stances exist that warrant additional time for such response, and the building official determines that the review is proceeding in a timely man- ner toward final City decision; or iii. Litigation against the City or ap- plicant is in progress, the outcome of which may affect the validity or the provisions of any permit issued pur- suant to such application. c. The building official may approve a request for extension of the application for an additional (12) twelve months for a fee of one-half (1/2) of the original plan review fee where special circumstances exist and justifiable cause is demon- strated. (Ord. 5810, 7-11-2016) 8. 105.3.3 Verification of contractor reg- istration. Prior to issuance of a permit for work which is to be done by a contractor re- quired to be registered pursuant to RCW 18.27, the applicant shall provide the City with the contractor’s registration number and Renton business license number and any other information determined necessary by the City to allow verification that such con- tractor is currently registered as required by law. 9. 105.4 Validity of permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any vio- lation of any of the provisions of the Construc- tion Codes and the Construction Administrative Code or of any other ordi- nance of the jurisdiction. Permits presuming to give authority to violate or cancel the provi- sions of the Construction Codes and the Con- struction Administrative Code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on con- struction documents and other data shall not prevent the building official from requiring the correction of errors in the construction docu- ments and other data. The building official is also authorized to prevent occupancy or use of a structure where in violation of the Con- struction Codes and the Construction Admin- istrative Code or of any other ordinances of this jurisdiction. 10. 105.5 Expiration. Every permit issued shall expire one (1) year from the date of is- suance. For permits that have expired, a new permit must be obtained and new fees paid. Exceptions: a. The building official may approve a request for an extended expiration date where a construction schedule is pro- vided by the applicant and approved prior to permit issuance. b. An existing permit may be renewed one (1) time for a fee of one-half (1/2) the original permit fee, provided the permit has not expired. Permit renewals shall expire in one (1) year. No permit shall be renewed more than once except the building official may consider a request for further extension where special cir- cumstances exist and justifiable cause is demonstrated. c. The building official may authorize a thirty (30) - day extension to an expired permit for the purpose of performing a fi- nal inspection and closing out the permit as long as not more than one hundred eighty (180) days has passed since the permit expired. The thirty (30) - day ex- tension would commence on the date of written approval. If work required under a final inspection is not completed within the thirty (30) - day extension period, the permit shall expire. However, the building official may authorize an additional thirty (30) - day extension if conditions outside of the applicant’s control exist and the ap- plicant is making a good faith effort to complete the permitted work. (Ord. 5810, 7-11-2016) 11. 105.6 Suspension or revocation. The building official is authorized to suspend or revoke a permit issued under the provisions of the Construction Codes and the Construc- tion Administrative Code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in vi- olation of any ordinance or regulation or any of the provisions of the Construction Codes and the Construction Administrative Code. 12. 105.7 Placement of permit. The build- ing permit or copy shall be kept on the site of 4-5-060E (Revised 8/16)5 - 18.6 the work until the completion of the project. For access to permit for inspections, see RMC 4-5-060.J.6, 110.6 Inspection record. 13. 105.8 Flammable and combustible liquids. An operational permit is required: a. To use or operate a pipeline for the transportation within facilities of flamma- ble or combustible liquids. This require- ment shall not apply to the off-site transportation in pipelines regulated by the Department of Transportation (DOT) nor does it apply to piping systems. b. To store, handle or use Class I liquids in excess of five (5) gallons (19L) in a building or in excess of ten (10) gallons (37.9L) outside of a building, except that a permit is not required for the following: i. The storage or use of Class I liq- uids in the fuel tank of a motor vehi- cle, aircraft, motorboat, mobile power plant or mobile heating plant unless such storage, in the opinion of the fire code official, would cause an unsafe condition. ii. The storage or use of paints, oils, varnishes or similar flammable mix- tures when such liquids are stored for maintenance, painting or similar pur- poses for a period of not more than thirty (30) days. c. To store, handle or use Class II or Class IIIA liquids in excess of twenty-five (25) gallons (95 L) in a building or in ex- cess of sixty (60) gallons (227L) outside a building, except for fuel oil used in con- nection with oil-burning equipment in sin- gle-family and duplex dwellings. d. To store, handle or use Class IIIB liq- uids in tanks or portable tanks for fueling motor vehicles at motor fuel-dispensing facilities or where connected to fuel-burn- ing equipment. Exception: Fuel oil and used motor oil used for space heating or water heating in single-family or duplex dwellings. e. To remove Class I or II liquids from an underground storage tank used for fu- eling motor vehicles by any means other than the approved, stationary on-site pumps normally used for dispensing pur- poses. f. To operate tank vehicles, equipment, tanks, plants, terminals, wells, fuel-dis- pensing stations, refineries, distilleries and similar facilities where flammable and Class II, IIIA or IIIB combustible liq- uids are produced, processed trans- ported, stored, dispensed or used. g. To place temporarily out of service (for more than ninety (90) days) an un- derground, protected above-ground or above-ground flammable or combustible liquid tank. h. To change the type of contents stored in a flammable or combustible liq- uid tank to a material that poses a greater hazard than that for which the tank was designed and constructed. i. To manufacture, process, blend or re- fine flammable or combustible liquids. j. To engage in the dispensing of liquid fuels into the fuel tanks of motor vehicles at commercial, industrial, governmental or manufacturing establishments. k. To utilize a site for the dispensing of liquid fuels from tank vehicles into the fuel tanks of motor vehicles, marine craft and other special equipment at commercial, industrial, governmental or manufactur- ing establishments. 14. 105.9 Hot works operations. An oper- ational permit is required for hot work includ- ing, but not limited to: a. Public exhibitions and demonstra- tions where hot work is conducted. b. Use of portable hot work equipment inside a structure. c. Fixed-site hot work equipment such as welding booths. d. Hot work conducted within a wildfire risk area. 4-5-060G 5 - 18.7 (Revised 8/16) e. Application of roof coverings with the use of an open-flame device. f. When approved, the fire code official shall issue a permit to carry out a hot work program. This program allows ap- proved personnel to regulate their facil- ity’s hot work operations. The approved personnel shall be trained in the fire safety aspects denoted in this section and shall be responsible for issuing per- mits requiring compliance with the re- quirements found in Chapter 35 of the International Fire Code (IFC). These per- mits shall be issued only to their employ- ees or hot work operations under their supervision. 15. 105.10 Temporary place of assembly/ special event permit. An operational permit is required for any special event where three hundred (300) or more people will congre- gate, either outdoors or indoors, in other than a Group A Occupancy. 16. 105.11 Hazardous materials. A con- struction permit is required to install, repair damage to, abandon, remove, place tempo- rarily out of service, or close or substantially modify a storage facility, tank, or other area regulated by Chapter 50 of the IFC when the hazardous materials in use or storage ex- ceed the amounts listed in Table 105.6.20 of the IFC. Exceptions: a. Routine maintenance. b. For emergency repair work per- formed on an emergency basis, applica- tion for permit shall be made within two (2) working days of commencement of work. 17. 105.12 Underground tanks opera- tional permit fees. The fee for permits is- sued in accordance with section 105.6 of the International Fire Code and permits issued for underground tank removal shall be as stipulated in the City of Renton Fee Schedule Brochure. Fees for tank storage shall be as- sessed for each individual tank. Exception: Permit fees for Class IIIB liquid storage shall be assessed for each tank up to a total of five (5) tanks, and no additional fee shall be charged for the sixth (6th) through the tenth (10th) tank. The eleventh (11th) tank and each subsequent tank of Class IIIB liq- uids shall be assessed per tank. The permits shall expire one (1) year after date of issuance or as otherwise noted on the permit. The permit fee shall be payable at or before the time of issuance or renewal of the permit. In the event of failure to remit pay- ment for an operational permit within thirty (30) days after receipt of application or re- newal notice, the fee for the permit shall be double the amount of the above-stated fee. F. SECTION 106 – FLOOR AND ROOF DESIGN LOADS: 1. 106.1 Live Loads Posted. Where the live load for which each floor or portion thereof of a commercial or industrial building is or has been designed to exceed fifty (50) psf (2.40kN/m2), such design live load shall be conspicuously posted by the owner or the owner’s authorized agent in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices. (Ord. 5810, 7-11-2016) 2. 106.2 Issuance of certificate of occu- pancy. A certificate of occupancy required by RMC 4-5-060.K, Section 111 – Certificate Of Occupancy, shall not be issued until the floor load signs required by RMC 4-5-060.F.1, 106.1 Live Loads Posted, have been in- stalled. 3. 106.3 Restrictions on loading. It shall be unlawful to place, cause or permit to be placed, on any floor or room of a building, structure or portion thereof, a load greater than is permitted by this code. G. SECTION 107 – SUBMITTAL DOCUMENTS: 1. 107.1 Submittal documents. Submittal documents consisting of construction docu- ments, statement of special inspection and structural observation programs, engineering reports and calculations, diagrams and other data shall be submitted with each permit ap- plication for a permit. The construction docu- ments shall be prepared by a registered 4-5-060G (Revised 8/16)5 - 18.8 design professional where required by the State of Washington. Where special condi- tions exist, the building official is authorized to require additional construction documents to be prepared by a registered design profes- sional. Exception: The building official is authorized to waive the requirement for submission of construction documents and other data if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with the Construction Codes. 2. 107.2 Construction documents. Con- struction documents shall be in accordance with RMC 4-5-060.G.2.a, 107.2.1 Information on construction documents, through RMC 4-5-060.G.2.f, 107.2.5 Site plan. a. 107.2.1 Information on construc- tion documents. Construction docu- ments shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the building official. Construction documents shall be of suffi- cient clarity to indicate the location, na- ture and extent of the work proposed in the proper orientation and layout as it is to be constructed and show in detail that it will conform to the provisions of the Construction Codes and the Construction Administrative Code and relevant laws, ordinances, rules and regulations, as de- termined by the building official. The plans must include the relevant items listed in this section and any other infor- mation or documents as deemed neces- sary by the building official. b. 107.2.2 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submit- ted to indicate conformance with the Construction Codes, the Construction Administrative Code, and the construc- tion documents and shall be approved prior to the start of system installation. Shop drawings shall contain all informa- tion as required by the referenced instal- lation standards in Chapter 9 of the IBC. Shop drawings shall be prepared by a certified individual as required by the State of Washington. c. 107.2.3 Means of egress. The con- struction documents shall show in suffi- cient detail the location, construction, size and character of all portions of the means of egress in compliance with the provisions of the Construction Codes. In other than one (1) - and two (2) - family dwellings and in Groups R-2, R-3, and I- 1 occupancies, the construction docu- ments shall designate the number of oc- cupants to be accommodated on every floor and in all rooms and spaces. d. 107.2.4 Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compli- ance with the Construction Codes. The construction documents shall provide de- tails of the exterior wall envelope as re- quired, including flashing; intersections with dissimilar materials; corners; end details; control joints; intersections at roof eaves or parapets; means of drainage; water-resistive membranes; and details around openings. The construction docu- ments shall include manufacturer’s in- stallation instructions that provide supporting documentation that the pro- posed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the ex- terior wall system which was tested, where applicable, as well as the test pro- cedure used. Exception: Subject to the approval of the building official, one (1) - and two (2) - family dwellings and Group R-3 and U occupancies may be exempt from the de- tailing requirements of this section. e. 107.2.4.1 Building enclosure de- sign requirements of Revised Code of Washington (RCW) 64.55 (otherwise known as Engrossed House Bill (EHB) 1848). Building enclosure design docu- ments of new or rehabilitated multifamily buildings that are subject to regulations of Engrossed House Bill 1848 must be submitted at the time of permit applica- tion. All applications for building con- struction or rehabilitation shall include design documents prepared and 4-5-060G 5 - 18.9 (Revised 8/16) stamped by an architect or engineer that identify the building enclosure (building enclosure documents), including but not limited to waterproofing, weather proof- ing and/or otherwise protected from wa- ter or moisture intrusion, unless a recorded irrevocable sale prohibition cov- enant is submitted to the City. The City is prohibited from issuing a per- mit for construction or rehabilitative con- struction unless the building enclosure documents contain a stamped statement by the person stamping the building en- closure design documents in substan- tially the following form: “The undersigned has provided building enclo- sure documents that in my professional judgment are appropriate to satisfy the requirements of sections 1 through 10 of EHB 1848.” The City is not responsible for determining whether the building en- closure design documents or the inspec- tions performed are adequate or appropriate to satisfy the requirements of the act. See RMC 4-9-040, Condominium Con- versions, for additional requirements. f. 107.2.5 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and loca- tion of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as ap- plicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of dem- olition, the site plan shall show construc- tion to be demolished and the location and size of existing structures and con- struction that is to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for an alteration or repair or when otherwise warranted. g. 107.2.5.1 Design flood elevations. Where design flood elevations are not specified, they shall be established in ac- cordance with Section 1612.3.1 of the IBC. h. 107.2.6 Electrical. i. Electrical Engineer. Electrical plans for the following installations shall be prepared by or under the di- rection of an electrical engineer reg- istered under Chapter 18.43 RCW, and Chapters 180-29, 246B-320, and 388-97 WAC. All electrical plans must bear the engineer’s stamp and signature. (a) All educational facilities, hospitals and nursing homes; (b) All services or feeders rated one thousand six hundred (1,600) amperes or larger; (c) All installations identified in the National Electrical Code re- quiring engineering supervision; (d) As required by the building official for installations which by their nature are complex, haz- ardous or pose unique design problems. ii. Information on construction doc- uments. Construction documents shall identify the name and classifi- cation of the facility and clearly show the electrical installation or alteration in floor plan view, include all switch- board and panelboard schedules and when a service or feeder is to be installed or altered, must include a riser diagram, load calculation, fault current calculation, and interrupting rating of equipment. iii. Penetrations. Construction doc- uments shall indicate where penetra- tions will be made for electrical systems and shall indicate the mate- rials and methods for maintaining re- quired structural safety, fire- resistance rating and fire-blocking. iv. Load calculations. Where an ad- dition or alteration is made to an ex- isting electrical system, an electrical 4-5-060G (Revised 8/16)5 - 18.10 load calculation shall be prepared to determine if the existing electrical service has the capacity to serve the added load. v. Plan review required. Electrical plan review is required for all new or altered electrical projects in the fol- lowing occupancies and/or installa- tions: (a) Educational, institutional, or health care facilities/buildings as follows: (1) Hospital; (2) Nursing home unit or long- term care unit; (3) Boarding home; (4) Assisted living facility; (5) Private alcoholism hospital; (6) Alcoholism treatment facil- ity; (7) Private psychiatric hospital; (8) Maternity home; (9) Ambulatory surgery facility; (10) Renal hemodialysis clinic; (11) Residential treatment facil- ity for psychiatrically impaired children and youth; (12) Adult residential rehabilita- tion center; (13) Educational facilities; and (14) Institutional facilities. Exceptions: (b) Electrical Plan review is not required for the above educa- tional, institutional, or health care facilities buildings where: (1) Lighting specific projects that result in an electrical load re- duction on each feeder involved in the project; (2) Low voltage systems; (3) Modification to existing electrical installations where all of the following conditions are met: (A) Service or distribution equipment involved is rated less than one hundred (100) amperes and does not exceed two hun- dred fifty (250) volts; (B) Does not involve emer- gency systems other than listed unit equipment per NEC 700.12(F); (C) Does not involve branch circuits or feeders of an essential electrical system as defined in NEC 517.2; and (D) Service and feeder load calculations are increased by five percent (5%) or less. (4) Stand-alone utility fed ser- vices that do not exceed two hundred fifty (250) volts, one hundred (100) amperes where the project’s distribution system does not include: (A) Emergency systems other than listed unit equipment per NEC 700.12(F); (B) Critical branch circuits or feeders as defined in NEC 517.2; or (C) A required fire pump sys- tem. (c) Installations in occupan- cies, except one (1) - and two (2) - family dwellings, where a ser- vice or feeder rated four hundred (400) amperes or greater is in- stalled or altered or if more than 4-5-060G 5 - 18.11 (Revised 8/16) four hundred (400) amperes is added to the service or feeder. (d) All work on electrical sys- tems operating at/over six hun- dred (600) Volts. (e) All commercial generator installations or alterations. (f) All work in areas determined to be hazardous (classified) loca- tion by the NEC. (g) If sixty percent (60%) or more of luminaires change. (h) Installations of switches or circuit breakers rated four hun- dred amperes or over except for one (1) - and two (2) - family dwellings. (i) Wind driven generators. (j) Solar photovoltaic systems. (k) Any proposed installation which cannot be adequately de- scribed in the application form. (Ord. 5749, 1-12-2015; Ord. 5810, 7-11-2016) i. 107.2.7 Plumbing. Plans must be submitted for review and approval when- ever the scope of the work is too complex for inspection alone as determined by the building official. j. 107.2.8 Mechanical. Plans must be submitted for review and approval when- ever the scope of the work is too complex for inspection alone as determined by the building official. 3. 107.3 Examination of documents. The building official shall examine or cause to be examined the accompanying submittal docu- ments and shall ascertain by such examina- tions whether the construction indicated and described is in accordance with the require- ments of the Construction Codes, the Con- struction Administrative Code, and other pertinent laws or ordinances. a. 107.3.1 Use of consultants. When- ever review of a building permit applica- tion requires retention by the jurisdiction for professional consulting services, the applicant shall reimburse to the jurisdic- tion the cost of such professional consult- ing services. This fee shall be in addition to the normal plan review and building permit fees. The jurisdiction may require the applicant to deposit an amount with the jurisdiction estimated in the discretion of the building official to be sufficient to cover anticipated costs to retaining pro- fessional consultant services and to en- sure reimbursement for such costs. b. 107.3.2 Approval of construction documents. When the building official is- sues a permit, the construction docu- ments shall be approved, in writing or by stamp, as “Reviewed for Code Compli- ance.” One (1) set of construction docu- ments so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to in- spection by the building official or a duly authorized representative. c. 107.3.3 Phased approval. The building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been approved, provided that adequate infor- mation and detailed statements have been filed complying with pertinent re- quirements of the Construction Codes and the Construction Administrative Code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder’s own risk with the building operation and without assurance that a permit for the entire structure will be granted. (Ord. 5810, 7-11-2016) 4. 107.4.1 Design professional in re- sponsible charge - General. When it is re- quired that documents be prepared by a qualified registered design professional, the building official shall be authorized to require the owner or the owner’s authorized agent to engage and designate on the building permit application a registered design professional 4-5-060H (Revised 8/16)5 - 18.12 who shall act as the registered design profes- sional in responsible charge. If the circum- stances require, the owner or the owner’s authorized agent shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The building official shall be notified in writing by the owner or the owner’s authorized agent if the registered de- sign professional in responsible charge is changed or is unable to continue to perform the duties. The registered design profes- sional in responsible charge shall be respon- sible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building. Where structural observation is required by Section 1710 of the IBC, the inspection pro- gram shall name the individual or firms who are to perform structural observations and describe the stages of construction at which structural observation is to occur (see also other duties specified in Chapter 17 of the IBC). (Ord. 5810, 7-11-2016) 5. 107.4.2 Design professional in re- sponsible charge - Deferred submittals. Deferral of any submittal items shall have the prior approval of the building official. The reg- istered design professional in responsible charge shall indicate the list of deferred sub- mittals on the construction documents for re- view by the building official. Documents for deferred submittal items shall be submitted to the registered design professional in respon- sible charge who shall review them and for- ward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and have been found to be in general conformance to the design of the building. The deferred sub- mittal items shall not be installed until the de- ferred submittal documents have been approved by the building official. The building official is authorized to charge an additional plan review fee to evaluate deferred submit- tals under the provisions of this section. (Ord. 5810, 7-11-2016) 6. 107.5 Amended construction docu- ments. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construc- tion documents. The building official is autho- rized to charge an additional plan review fee to evaluate revisions to the approved con- struction documents. 7. 107.6 Retention of construction docu- ments. One (1) set of approved construction documents shall be retained by the building official for a period of not less than one hun- dred eighty (180) days from date of comple- tion of the permitted work or as required by state or local laws. H. SECTION 108 – TEMPORARY STRUCTURES AND USES: 1. 108.1 General. The building official is au- thorized to issue a permit for temporary struc- tures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than one hundred eighty (180) days. The building official is au- thorized to grant extensions for demonstrated cause. Temporary structures and uses shall comply with the requirements in Section 3103. (Ord. 5810, 7-11-2016) 2. 108.2 Electrical. If the building official finds that the safety of life and property will not be jeopardized, permits may be issued for temporary electrical installations for use during the construction of buildings or for car- nivals, conventions, festivals, fairs, the hold- ing of religious services, temporary lighting of streets, or other approved uses. Permission to use such temporary installation shall not be granted for a greater length of time than thirty (30) days, except that a permit for a tempo- rary installation to be used for constructing of a building may be issued for the period of construction. Should such temporary lighting be over the street area, the proper authoriza- tion for such use of the street must first be ob- tained. All such temporary installations shall be made in accordance with the requirements of the NEC; provided, that the building official may permit deviations which will not permit hazards to life or property; and further pro- vided, that whenever such hazards are deemed by the building official to exist, the building official may at once rescind or cancel the permit covering such installation and dis- 4-5-060I 5 - 18.13 (Revised 8/16) connect or order the disconnection of all en- ergy to such equipment. 3. 108.3 Plumbing and Mechanical. The building official is authorized to issue a permit for temporary equipment, systems and uses. Such permits shall be limited to time of ser- vice, but shall not be permitted for more than one hundred and eighty (180) days. The building official is authorized to grant exten- sions for demonstrated cause. (Ord. 5810, 7- 11-2016) 4. 108.4 Utilities. The building official is au- thorized to give permission to temporarily supply utilities before an installation has been fully completed and the final certificate of completion has been issued. The part cov- ered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in the code. (Ord. 5810, 7-11-2016) 5. 108.5 Conformance. Temporary struc- tures and uses shall conform to the structural strength, fire safety, means of egress, acces- sibility, light, ventilation and sanitary require- ments of the Construction Codes as necessary to ensure the public health, safety and general welfare. 6. 108.6 Termination of approval. The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued. 7. 108.7 Bonds and set-aside accounts. The building official may require a perfor- mance bond or set-aside account to be in place prior to issuance of a permit for tempo- rary structures and temporary uses. I. SECTION 109 – FEES: 1. 109.1 Payment of fees. A permit shall not be valid until applicable development and construction permit fees established by City Council by resolution have been paid, nor shall an amendment to a permit be released until any additional fee required, if any, has been paid. 2. 109.2 Schedule of permit fees. On buildings, structures, gas, mechanical, elec- trical and plumbing systems or alterations re- quiring a permit, a fee for each permit shall be paid as required, in accordance with a sched- ule of fees to be recommended by the build- ing and/or code official and approved by City Council by resolution. 3. 109.3 Plan Review Fees. When submit- tal documents are required by Section 107, a plan review fee shall be paid at the time of submitting the construction documents for plan review. The building official may have the option to charge a deposit in lieu of the full plan review fee if the full amount is not known at the time. Any plan review deposit shall be applied toward the total plan review fee owed. The actual permit fees and related plan re- view fee shall be determined upon comple- tion of the plan review and the balance owing shall be paid at the time of permit issuance. The plan review fee shall be a separate fee from the permit fees specified in this section and is in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan re- view or when the project involves deferred submittal items as defined in RMC 4-5-060.G.5, 107.4.2 Design professional in responsible charge - Deferred submittals, an additional plan review fee shall be charged at the rate set forth by resolution. 4. 109.4 Building permit valuation. The applicant for a permit shall provide an esti- mated permit valuation at time of application. The determination of valuation shall be made by the building official if not clearly estab- lished by resolution. 5. 109.5 Malfunctioning alarm fee. When- ever an alarm system is activated due to a malfunction and the Fire and Emergency Ser- vices Department is dispatched, a report of the false alarm will be recorded for the build- ing or area affected. For the first, second and third false alarm within a calendar year, no fee will be assessed. For every false alarm caused by a malfunction of the alarm beyond the third false alarm a fee will be assessed as per the City of Renton Fee Schedule Bro- chure. 6. 109.6 Reinspection and reinspection fee. Whenever the Fire and Emergency Ser- vices Department has given notification of a violation that required a reinspection and thirty (30) days have expired with such condi- 4-5-060J (Revised 8/16)5 - 18.14 tion or violation still in existence, a “Subse- quent Reinspection” will be required. Any Subsequent Reinspection, after the original thirty (30) days period of time, shall require the payment of a reinspection fee as speci- fied in the City of Renton Fee Schedule Bro- chure, to be assessed against the person owning, operating or occupying the building or premises wherein the violation exists. This reinspection fee must be paid within ten (10) days of the notice for the reinspection. How- ever, any building owner, operator or occu- pant, upon a reasonable request to the fire code official, may obtain an extension of said thirty (30) day period for a reasonable period to be established by the fire code official to al- low such time for compliance. The request for an extension must be received by the Fire and Emergency Services Department prior to the expiration of the original reinspection date. 7. 109.7 Work commencing before per- mit issuance. Any person who commences any work on a building, structure, gas, me- chanical, electrical or plumbing system be- fore obtaining the necessary permits shall be subject to a stop work order and a special in- vestigation fee in an amount equal to twice the permit fee, or otherwise established by the building official. The special investigation fee shall be paid in addition to the required permit fees. 8. 109.8 Related fees. The payment of fees for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. 9. 109.9 Refunds. The building official may authorize refunding of not more than eighty percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this section. The building of- ficial may authorize refunding of not more than eighty percent (80%) of the plan review fee paid when an application for a permit for which a plan review fee has been paid is with- drawn or canceled before any plan review is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than one hundred eighty (180) days after the date of application. 10. 109.10 Disaster area - waiver of re- pair fees. When an area of the City has been deemed a disaster area by either the local, state or federal authorities, any structures damaged by storms, floods, landslides, earthquakes, fires or other natural disasters shall have all permit and plan review fees waived for the purposes of repairing or re- building the damaged structures (with the ex- ception of state surcharge fees). J. SECTION 110 – INSPECTIONS: 1. 110.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until ap- proved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of the Construction Codes, the Construction Administrative Code, or of other ordinances of the jurisdic- tion. Inspections presuming to give authority to violate or cancel the provisions of the Con- struction Codes, the Construction Adminis- trative Code, or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the owner or the owner’s authorized agent to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expenses entailed in the removal or replacement of any material required to al- low inspection. (Ord. 5810, 7-11-2016) 2. 110.2 Surveys. A survey of the lot may be required by the building official to verify compliance of the structure with approved construction documents. 3. 110.3 Preconstruction conferences. When required by the building official, the owner or the owner’s agent shall arrange a conference with the project contractor, the design team, the special inspection agency if special inspection is required, and the build- ing official prior to commencing work on any portion of construction. The intent of the con- ference is to identify and clarify unusual in- spection requirements of the project. 4-5-060J 5 - 18.15 (Revised 8/16) 4. 110.4 Inspection requests. The owner of the property or the owner’s authorized agent, or the person designated by the owner/agent to do the work authorized by a permit shall notify the building official that work requiring inspection as specified in this section and Chapter 17 of the IBC is ready for inspection. 5. 110.5 Access for inspection. The per- mit holder and the person requesting any in- spections required by this code shall provide access to and means for proper inspection of such work, including safety equipment re- quired by Washington Industrial Safety and Health Agency. The work shall remain acces- sible and exposed for inspection purposes until approved by the building official. Neither the building official nor the City shall be liable for expense entailed in the required removal or replacement of any material to allow in- spection. 6. 110.6 Inspection record. Work requiring a permit shall not be commenced until the permit holder or the permit holder’s agent has posted an inspection record in a conspicuous place on the premises and in a position that allows the building official to conveniently make the required entries regarding inspec- tion of the work. This record shall be main- tained in such a position by the permit holder or the permit holder’s agent until final ap- proval has been granted by the building offi- cial. 7. 110.7 Approvals required. No work shall be done on any part of the building or structure beyond the point indicated in each successive inspection without first obtaining the written approval of the building official. Written approval shall be given only after an inspection has been made of each succes- sive step in the construction as indicated by each of the inspections required in this sec- tion. There shall be a final inspection and ap- proval of all buildings when completed and ready for occupancy. a. 110.7.1 Effect of approval. Ap- proval as a result of an inspection is not an approval of any violation of the provi- sions of this code or of other pertinent laws and ordinances of the City. Inspec- tions presuming to give authority to vio- late or cancel the provisions of this code or of other pertinent laws and ordinances of the City are not valid. 8. 110.8 Concealment of work. No re- quired reinforcing steel or structural frame- work of any part of any building or structure shall be covered or concealed in any manner whatsoever without first obtaining the ap- proval of the building official. Protection of joints and penetrations in fire-resistance- rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved. Exception: Modular homes and commercial coaches identified by State of Washington stickers and placed upon a permanent foun- dation approved and inspected by the build- ing official. Commercial coach shall be identified by a State of Washington black sticker located by the door. Modular homes shall be identified by a State of Washington gold sticker located by the door. 9. 110.9 Preliminary inspections. Before issuing a permit, the building official is autho- rized to examine or cause to be examined buildings, structures, installations, and sites for which an application has been filed. 10. 110.10 Manufacturer ’s installation in- structions. Manufacturer’s installation in- structions, as required by the Construction Codes, shall be available on-site at the time of inspection. 11. 110.11 Required inspections. The building official, upon notification, shall make the inspections as set forth in this section. a. 110.11.1 First ground disturbance inspection. To be made prior to begin- ning land-disturbing activity, and follow- ing installation of erosion control measures and any required fencing that may restrict land disturbance in steep slope or other buffers b. 110.11.2 Footing and foundation inspection. Footing and foundation in- spections shall be made after poles or piers are set or trenches or basement ar- eas are excavated and all required hold- down anchor bolts, hold-down straps, any forms erected, and any required rein- forcing steel is in place and supported. 4-5-060J (Revised 8/16)5 - 18.16 The foundation inspection shall include excavations for thickened slabs intended for the support of bearing walls, parti- tions, structural supports, or equipment and special requirements for wood foun- dations. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job. c. 110.11.3 Concrete slab and under- floor inspection. Concrete slab and un- der-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, slab insulation, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. d. 110.11.4 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in IBC Section 1612 or IRC Section R322 shall be submitted to the building official. FEMA Flood elevation certificates shall contain an original stamp and signature of the surveyor, licensed by the State of Washington, and shall document the ele- vation of the lowest floor, including base- ment, and other information required by the flood elevation certificate. e. 110.11.5 Exterior wall sheathing inspection. Exterior wall sheathing shall be inspected after all wall framing is com- plete, strapping and nailing is properly in- stalled but prior to being covered. f. 110.11.6 Roof sheathing inspec- tion. The roof sheathing shall be in- spected after all roof framing is complete. No roof coverings shall be installed until inspections are made and approved. g. 110.11.7 IMC/UPC/Gas/NEC rough-in inspection. Rough-in mechan- ical, gas piping, plumbing and electrical systems shall be inspected when the rough-in work is complete and, if re- quired, under test. No connections to pri- mary utilities shall be made until the rough-in work is inspected and approved. h. 110.11.8 Frame inspection. Fram- ing inspections shall be made after the roof deck or sheathing, all framing, fire blocking and bracing are in place and pipes, chimneys and vents to be con- cealed are complete and the rough elec- trical, plumbing, fire-suppression piping, heating wires, pipes and ducts are ap- proved and the building is substantially dry. i. 110.11.9 Exterior Finish and Insula- tion Systems (EFIS), Lath and gypsum board inspection. EFIS, Lath, gypsum board and gypsum panel product inspec- tions shall be made after backing, lathing or gypsum board and gypsum panel products, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished. Exception: Interior gypsum board and gypsum panel products that are not part of a fire-resistance-rated assembly or a shear assembly do not require inspec- tion. (Ord. 5810, 7-11-2016) j. 110.11.10 Fire resistance rated construction inspections. Where fire- resistance-rated construction is required, an inspection of such construction shall be made after lathing or gypsum board or gypsum panel products are in place, but before any plaster is applied, or before board or panel joints and fasteners are taped and finished. Protection of joints and penetrations in fire-resistance-rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved. (Ord. 5810, 7-11-2016) k. 110.11.11.1 Energy efficiency in- spections - Envelope. In addition to the inspections required in WAC 51-11, the following inspections are also required: i. Wall insulation. The wall insula- tion inspection is to be made after ex- terior wall weather protection and all wall insulation and air vapor retarder sheets or film materials are in place, but before any wall covering is placed. 4-5-060J 5 - 18.16a (Revised 8/16) ii. Glazing. The glazing inspection is to be made after glazing materials are installed in the building. iii. Exterior roofing insulation. The exterior roofing insulation inspection is to be made after the installation of the roofing and roof insulation, but before concealment. iv. Slab/floor insulation. The slab/ floor insulation inspection is to be made after the installation of the slab/ floor insulation, but before conceal- ment. l. 110.11.11.2 Energy efficiency in- spections - Mechanical. i. Mechanical equipment efficiency and economizer. The mechanical equipment efficiency and econo- mizer inspection is to be made after all equipment and controls required by the Construction Codes are in- stalled and prior to the concealment of such equipment or controls. ii. Mechanical pipe and duct insula- tion. The mechanical pipe and duct insulation inspection is to be made after all pipe, fire-suppression piping and duct insulation is in place, but before concealment. m. 110.11.11.3 Energy efficiency in- spections - Lighting and motors. (Revised 8/16)5 - 18.16b This page left intentionally blank. 4-5-060J 5 - 18.17 (Revised 8/14) i. Lighting equipment and controls. The lighting equipment and controls inspection is to be made after the in- stallation of all lighting equipment and controls required by the Con- struction Codes, but before conceal- ment of the lighting equipment. ii. Motors. Motor inspections are to be made after installation of all equip- ment covered by the Construction Codes, but before concealment. n. 110.11.12 Electrical. i. The installation, alteration or ex- tension of any electrical system, fix- tures or components for which a permit is required by this code shall be subject to inspection by the build- ing official and such electrical sys- tems, fixtures and components shall remain accessible and exposed for inspection purposes until approved by the building official. It shall be the duty of the permit applicant to cause the electrical systems to remain ac- cessible and exposed for inspection purposes. The City shall not be liable for expenses entailed in the removal or replacement of material required to permit inspection. When the instal- lation of an electrical system is com- plete, an additional and final inspection shall be made. Electrical systems and equipment regulated by the National Electrical Code shall not be connected to the energy source until authorized by the building offi- cial. ii. The building official may require special inspection of equipment or wiring methods where the installation requires special training, equipment, expertise, or knowledge. Where such special inspection is required, it shall be performed by an independent third party acceptable to the building official. The special inspection per- son/agency shall be designated and approved prior to beginning the in- stallation of wiring or equipment. A written report from the designated special inspection agency indicating that the installation conforms to the appropriate codes and standards shall be received by the building offi- cial prior to that installation being ap- proved. All costs for such testing and reporting shall be the responsibility of the permit holder. iii. Approval as a result of an in- spection shall not be construed to be an approval of a violation of the pro- visions of the National Electrical Code or of other ordinances of the City. Inspections presuming to give authority to violate or cancel the pro- visions of the National Electrical Code or other ordinances of the City shall not be valid. iv. The building official, upon notifi- cation, shall make the inspections set forth in this section: (a) Underground. Underground inspection shall be made after trenches or ditches are exca- vated and bedded, piping and conductors are installed, and be- fore backfill is put in place. Where excavated soil contains rocks, broken concrete, frozen chunks and other rubble that would damage or break the race- way, cable or conductors, or where corrosive action will occur, protection shall be provided in the form of granular or selected material, approved running boards, sleeves or other means. (b) Rough-in. Rough-in inspec- tion shall be made after the roof, framing, fire-blocking and brac- ing are in place and all wiring and other components to be con- cealed are complete, and prior to the installation of wall or ceiling membranes. All required equip- ment grounding conductors in- stalled in concealed cable or flexible conduit systems must be completely installed and made up at the time of the rough-in cover inspection. (c) Other inspections. In addi- tion to the inspections specified 4-5-060J (Revised 8/14)5 - 18.18 above, the building official is au- thorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws, which are en- forced by the City. v. Final Inspection. The final in- spection shall be made after all work required by the permit is completed. o. 110.11.13 Traffic management systems. i. The City will perform the electrical inspection and acceptance of traffic management systems within its juris- diction. A traffic management system includes: (a) Traffic illumination systems; (b) Traffic signal systems; (c) Traffic monitoring systems; (d) The electrical service cabi- net and all related components and equipment installed on the load side of the service cabinet supplying electrical power to the traffic management system; and (e) Signalization system(s) necessary for the operation of a light rail system. A traffic man- agement system can provide sig- nalization for controlling vehicular traffic, pedestrian traf- fic, or rolling stock. ii. The City recognizes that traffic signal conductors, pole and bracket cables, signal displays, traffic signal controllers/cabinets, and associated components used in traffic manage- ment systems are acceptable for the purpose of meeting the requirements of Chapter 19.28 RCW provided they conform with the following standards or are listed on the Washington State Department of Transportation (WS- DOT) qualified products list. • WSDOT/APWA Standard Speci- fications and Plans; • WSDOT Design Manual; • International Municipal Signal Association (IMSA); • National Electrical Manufactur- ers Association (NEMA); • Federal Standards 170/Control- ler Cabinets; • Manual for Uniform Road, Bridge, and Municipal Construc- tion; • Institute of Transportation Engi- neers (ITE); • Manual of Uniform Traffic Control Devices (MUTCD). iii. Associated induction detection loop or similar circuits will be ac- cepted by the department or City au- thorized to do electrical inspections without inspection. iv. For the licensing requirements of Chapter 19.28 RCW, jurisdictions will be considered owners of traffic man- agement systems when doing elec- trical work for another jurisdiction(s) under a valid interlocal agreement, as permitted by Chapter 39.34 RCW. Interlocal agreements for traffic man- agement systems must be filed with the department or City authorized to do electrical inspections prior to work being performed for this provision to apply. v. Jurisdictions, with an established electrical inspection authority, and WSDOT may perform electrical in- spection on their rights of way for each other by interlocal agreement. They may not perform electrical in- spection on other rights of way ex- cept as allowed in Chapters 19.28 or 39.34 RCW. vi. Underground installations. 4-5-060J 5 - 18.19 (Revised 8/16) (a) In other than open trench- ing, raceways will be considered “fished” according to the NEC and do not require visual inspec- tion. (b) The department or City au- thorized to do electrical inspec- tions will conduct inspections in open trenching within its jurisdic- tion upon request. vii. Identification of traffic manage- ment system components. Local government jurisdictions or WSDOT may act as the certifying authority for the safety evaluation of all compo- nents. (a) An electrical service cabinet must contain only listed compo- nents. The electrical service cab- inet enclosure is not required to be listed but will conform to the standards in subsection viii be- low. (b) The local government juris- diction must identify, as accept- able, the controller cabinet or system component(s) with an identification plate. The identifi- cation plate must be located in- side the cabinet and may be attached with adhesive. viii. Conductors of different circuits in same cable, enclosure, or race- way. All traffic management system circuits will be permitted to occupy the same cable, enclosure, or race- way without regard to voltage char- acteristics, provided all conductors are insulated for the maximum volt- age of any conductor in the cable, enclosure, or raceway. p. 110.11.14 Reinspection for build- ing permit. The building official may re- quire a structure or portions of work to be reinspected. A reinspection fee may be assessed for each inspection or rein- spection when such portion of work for which the inspection was requested is not complete; or when previous correc- tions called for are not made; or when the approved plans and permit are not on site in a conspicuous or pre-approved loca- tion; or when the building is not accessi- ble. In instances where reinspection fees have been assessed, no additional in- spection of the work shall be provided by the City until the required fees are paid. q. 110.11.15 Other inspections. In ad- dition to the inspections specified above, the building official is authorized to make or require other inspections of any con- struction work to ascertain compliance with the provisions of the Construction Codes, the Construction Administrative Code, and other laws or ordinances of the City. r. 110.11.16 Special inspections. In addition to the inspections specified above, the building official is authorized to make or require special inspections for any type of work related to the Construc- tion Codes by an approved agency at no cost to the jurisdiction. s. 110.11.17 Building enclosure spe- cial inspection requirements of RCW 64.55 (otherwise known as Engrossed House Bill (EHB) 1848). EHB 1848 re- quires affected multiunit residential build- ings to provide a building enclosure inspection performed by a third party, in- dependent, and qualified inspector during the course of initial construction and during rehabilitative construction. The City does not verify the qualifications of the inspector or determine whether the building enclosure inspection is adequate or appropriate. However, the City is pro- hibited from issuing a certificate of occu- pancy for the building until the inspector prepares a report and submits to the building department a signed letter certi- fying that the building enclosure has been inspected during the course of con- struction or rehabilitative construction and that the construction is in substantial compliance with the building enclosure design documents. t. 110.11.18 Final inspection. The final inspection shall be made after all work re- quired by the building permit is com- pleted. 4-5-060K (Revised 8/16)5 - 18.20 13. 110.12 Flood hazard documentation. If located in a flood hazard area, documenta- tion of the elevation of the lowest floor as re- quired in Section 1612.5 of the IBC shall be submitted to the building official prior to the fi- nal inspection. 14. 110.13 Inspection agencies. The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability. 15. 110.14 Inspection requests. It shall be the duty of the permit holder or their duly au- thorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide ac- cess to and means for inspections of such work that are required by the Construction Codes and the Construction Administrative Code. 16. 110.15 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first ob- taining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall ei- ther indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with the Construction Codes or the Construction Administrative Code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized or ap- proved by the building official. K. SECTION 111 – CERTIFICATE OF OCCUPANCY: 1. 111.1 Use and occupancy. No building or structure shall be used or occupied, and no change in the existing use or occupancy clas- sification of a building or structure or portion thereof shall be made, until the building offi- cial has issued a certificate of occupancy as provided herein. Issuance of a certificate of occupancy shall not be construed as an ap- proval of a violation of the provisions of the Construction Codes, the Construction Admin- istrative Code, or of other ordinances of the jurisdiction. Exceptions: a. Work exempt from permits per RMC 4-5-060.E.2, 105.2 Work exempt from permit. b. For single family dwellings and their accessory structures, the City issued building permit inspection record may serve as the certificate of occupancy when the final inspection has been ap- proved by the building official or the build- ing official’s designee. (Ord. 5810, 7-11- 2016) 2. 111.2 Certificate issued. After the build- ing official inspects the building or structure and finds no violations of the provisions of the Construction Codes, the Construction Admin- istrative Code, or other laws or ordinances that are enforced by this jurisdiction, the building official shall issue a certificate of oc- cupancy that contains the following: a. The building permit number; b. The address of the structure; c. The name and address of the owner or the owner’s authorized agent; (Ord. 5810, 7-11-2016) d. A description of that portion of the structure for which the certificate is is- sued; e. A statement that the described por- tion of the structure has been inspected for compliance with the requirements of the Construction Codes and the Con- struction Administrative Code for the oc- cupancy and division of occupancy and the use for which the proposed occu- pancy is classified; f. The name of the building official; g. The edition of the code under which the permit was issued; h. The use and occupancy; i. The type of construction; j. The design occupant load; 4-5-060M 5 - 18.21 (Revised 8/16) k. If an automatic sprinkler system is provided, whether the sprinkler system is required; and l. Any special stipulations and condi- tions of the building permit. 3. 111.3 Temporary or phased occu- pancy. The building official is authorized to is- sue a temporary or phased certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official is authorized to re- quire in addition to the completion of life safety building components any or all acces- sibility components. The building official shall set a time period during which the temporary or phased certificate of occupancy is valid. The building official is authorized to require that a surety device be posted with the City in an amount equal to one hundred fifty percent (150%) of the incomplete work as determined by the design professional. The surety device shall be refundable upon inspection, final ap- proval and a request in writing for the refund. It shall be the duty of the applicant to request the refund. (Ord. 5810, 7-11-2016) 4. 111.4 Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy issued under the pro- visions of the Construction Codes and the Construction Administrative Code wherever the certificate is issued in error, or on the ba- sis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordi- nance or regulation or any of the provisions of the Construction Codes or the Construction Administrative Code. L. SECTION 112 – SERVICE UTILITIES: 1. 112.1 Connection of service utilities. No person shall make connections from a util- ity, source of energy, fuel or power to any building or system that is regulated by the Construction Codes or the Construction Ad- ministrative Code for which a permit is re- quired, until approved by the building official. 2. 112.2 Temporary connection. The building official shall have the authority to au- thorize the temporary connection of the build- ing or system to the utility source of energy, fuel or power. 3. 112.3 Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by the Construction Codes and the Construction Administrative Code in case of emergency where necessary to eliminate an immediate hazard to life or property, or when such utility connection has been made with- out the approval required by RMC 4-5-060.L.1, 112.1 Connection of service util- ities, or RMC 4-5-060.L.2, 112.2 Temporary connection. The building official shall notify the serving utility and, wherever possible, the owner and occupant of the building, structure or service system of the decision to discon- nect prior to taking such action. If not notified by some method prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. 4. 112.4 Connection after order to dis- connect. A person shall not make source connections to mechanical, plumbing, or electrical systems regulated by the construc- tion codes, which have been disconnected or ordered to be disconnected by the code offi- cial, or the use of which has been ordered to be discontinued by the code official until the code official authorizes the reconnection and use of such systems. Where a system is maintained in violation of the construction code, and in violation of a notice issued pur- suant to the provisions of this section, the code official shall institute appropriate action to prevent, restrain, correct or abate the vio- lation. (Ord. 5810, 7-11-2016) M. SECTION 113 – VIOLATIONS: 1. 113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, re- move, demolish or occupy any building, structure or equipment regulated by the Con- struction Codes and the Construction Admin- istrative Code, or cause same to be done, in conflict with or in violation of any of the provi- sions of the Construction Codes or the Con- struction Administrative Code. 4-5-060N (Revised 8/16)5 - 18.22 2. 113.2 Stop work order authority. Whenever the building official finds any work being performed in a manner either contrary to the provisions of the Construction Codes, the Construction Administrative Code, or other pertinent laws or ordinances imple- mented through the enforcement of the Con- struction Codes and the Construction Administrative Code, the building official is authorized to issue a stop work order. 3. 113.3 Stop work order issuance. The stop work order shall be in writing and shall be given to the owner of the property in- volved, to the owner’s authorized agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall imme- diately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume. (Ord. 5810, 7-11-2016) 4. 113.4 Stop work order investigation fee. The building official is authorized to as- sess a special investigation fee for the issu- ance of a stop work order when work has started without the issuance of a permit. The special investigation fee shall be equal to twice the permit fee and in addition to the per- mit fee. 5. 113.5 Unlawful continuance. Any per- son who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a vi- olation or unsafe condition, shall be subject to penalties as prescribed by RMC 1-3-2. 6. 113.6 Enforcement. Enforcement of the Construction Codes and the Construction Ad- ministrative Code shall be in conformance with the procedures set forth in RMC 1-3-2. N. SECTION 114 – NOTICES AND ORDERS: 1. 114.1 Notice to person responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has oc- curred, notice shall be given in the manner prescribed in RMC 4-5-060.G.2, 107.2 Con- struction documents, as amended and the applicable provisions of the RMC 1-3-2, Civil Penalties. (Ord. 5810, 7-11-2016) 2. 114.2 Form. Such notice prescribed in RMC 4-5-060.G.1, 107.1 Submittal docu- ments, shall be in accordance with RMC 1-3- 2. In addition to the information required by RMC 1-3-2, the notice and order shall con- tain: a. A statement that the building official has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the provisions of RMC 4-5-060.H, Section 108 – Temporary Structures and Uses, of this code. b. Statements advising that if any re- quired repair or demolition work (without vacation being also required) is not com- menced within the time specified, the building official: i. Will order the building vacated and posted to prevent further occu- pancy until the work is completed; and ii. May proceed to cause to be done and charge the costs thereof against the property or its owner. 3. 114.3 Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance or- der or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mort- gagee or lessee a true copy of any compli- ance order or notice of violation issued by the code official and shall furnish to the code offi- cial a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compli- ance order or notice of violation and fully ac- cepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. O. SECTION 115 – UNSAFE STRUCTURES AND EQUIPMENT: 1. 115.1 General. Structures or existing equipment that are or hereafter become un- 4-5-060O 5 - 18.23 (Revised 8/16) safe, unsanitary or deficient because of inad- equate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to hu- man life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary pursuant to the provisions of this code. A vacant structure that is not secured against entry shall be deemed unsafe. 2. 115.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in dan- ger of structural collapse, the code official is authorized to post the structure “Do Not Oc- cupy” and order the structure to be closed up so as not to be an attractive nuisance. Upon failure of the owner to close up such premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by pri- vate persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource. 3. 115.3 Notice. Whenever the code official has closed a structure or locked out equip- ment under the provisions of this section, no- tice shall be posted in a conspicuous place in, on or about the structure or equipment af- fected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with RMC 1-3-2. The notice shall be in the form prescribed in RMC 4-5-060.G.2, 107.2 Construction documents, as amended. Every notice to vacate shall be issued, served and posted as an order to cease activity under RMC 1-3-2.C. 4. 115.4 Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall post on or at each entry of the premises a placard indicating that the building is not fit for occupancy and other in- formation determined relevant by the building official. 5. 115.5 Placard removal. The code official shall remove the placard posted in accor- dance with the provisions of RMC 4-5-060.H, Section 108 – Temporary Structures and Uses, whenever the defect or defects upon which the action was based have been elimi- nated. Any person who defaces or removes the placard without the approval of the code official shall be subject to the penalties set forth in RMC 1-3-2. 6. 115.6 Prohibited occupancy. Any occu- pied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall oc- cupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded prem- ises or operate placarded equipment shall be liable for the penalties provided by the code. 7. 115.7 Repair, vacation and demolition. The following standards shall be followed by the building official (and by the hearing exam- iner if an appeal is taken) in ordering the re- pair, vacation or demolition of any dangerous building or structure: a. Any building declared a dangerous building under this code shall be made to comply with one (1) of the following: i. The building shall be repaired in accordance with the current building code or other current code applicable to the type of substandard conditions requiring repair; ii. The building shall be demolished at the option of the building owner; or iii. If the building does not consti- tute an immediate danger to the life, limb, property or safety of the public it may be vacated, secured and maintained against entry. b. If the building or structure is in such condition as to make it immediately dan- gerous to the life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated. 8. 115.8 Restoration. Where the structure or equipment determined to be unsafe by the 4-5-060P (Revised 8/16)5 - 18.24 building official is restored to a safe condition, to the extent that repairs, alterations or addi- tions are made or a change of occupancy oc- curs during the restoration of the structure, such repairs, alterations, additions and change of occupancy shall comply with the requirements of this code and the Interna- tional Existing Building Code. (Ord. 5810, 7- 11-2016) P. SECTION 116 – EMERGENCY MEASURES: 1. 116.1 Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of ex- plosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equip- ment, the code official is hereby authorized and empowered to order and require the oc- cupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: “This Structure Is Unsafe and Its Oc- cupancy Has Been Prohibited by the Code Official.” It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. 2. 116.2 Temporary safeguards. Notwith- standing other provisions of this code, when- ever, in the opinion of the code official, there is imminent danger due to an unsafe condi- tion, the code official shall order the neces- sary work to be done, including the boarding up of openings, to render such structure tem- porarily safe whether or not the legal proce- dure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. 3. 116.3 Closing streets. When necessary for public safety, the code official shall tempo- rarily close structures and close, or order the authority having jurisdiction to close, side- walks, streets, public ways and places adja- cent to unsafe structures, and prohibit the same from being utilized. 4. 116.4 Emergency repairs. For the pur- poses of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible. 5. 116.5 Costs of emergency repairs. Costs incurred in the performance of emer- gency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall in- stitute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs. 6. 116.6 Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the Community and Economic Development Ad- ministrator or designee, be afforded a hearing as described in RMC 4-5-060.R, Section 118 - Appeals. Q. SECTION 117 – DEMOLITION: 1. 117.1 General. The code official shall or- der the owner of any premises upon which is located any structure, which in the code offi- cial’s judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for hu- man habitation or occupancy, and such that it is unreasonable to repair the structure, to de- molish and remove such structure; or if such structure is capable of being made safe by re- pairs, to repair and make safe and sanitary or to demolish and remove at the owner’s op- tion; or where there has been a cessation of normal construction of any structure for a pe- riod of more than two (2) years, to demolish and remove such structure. 2. 117.2 Notices and orders. All notices and orders shall comply with RMC 4-5-060.N, Section 114 – Notices and Orders. 3. 117.3 Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the code of- ficial shall cause the structure to be demol- ished and removed, either through an available public agency or by contract or ar- rangement with private persons, and the cost 4-5-070B 5 - 18.25 (Revised 8/16) of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. 4. 117.4 Salvage materials. When any structure has been ordered demolished and removed, the governing body or other desig- nated officer under said contract or arrange- ment aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly re- mitted with a report of such sale or transac- tion, including the items of expense and the amounts deducted, for the person who is en- titled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state. R. SECTION 118 – APPEALS: 1. 118.1 General – building codes. Ap- peals of orders, decisions and determinations of the building official that do not constitute enforcement actions shall be heard and de- cided by the Community and Economic De- velopment Administrator or designee pursuant to the provisions of RMC 4-8-110. To the extent the building codes adopted by reference in this title refer to a “board of ap- peals” or a “building board of appeals,” those references shall be deemed to refer to the Community and Economic Development Ad- ministrator or designee. 2. 118.2 General – fire codes. Appeals of orders, decisions and determinations of the fire code official that do not constitute en- forcement actions shall be heard and decided by the Fire and Emergency Services Chief or designee pursuant to the provisions of RMC 4-8-110. To the extent the fire codes adopted by reference in this title refer to a “board of appeals” or a “building board of appeals,” those references shall be deemed to refer to the Fire and Emergency Services Chief or designee. 3. 118.3 Limitations on authority. An ap- plication for appeal shall be based on a claim that the true intent of the Construction Codes or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the Construction Codes do not fully apply, or an equally good or better form of construction is proposed. The building board of appeals shall have no authority relative to interpreta- tion of the administrative provisions of the Construction Codes nor shall the board be empowered to waive requirements of the Construction Codes which are the codes, ap- pendices and referenced code standards ad- opted by the jurisdiction. (Ord. 5711, 4-14-2014) S. SECTION 119 – APPLICABILITY OF CODES: For mechanical, electrical or plumbing permit ap- plications submitted after July 1, 2016, but related to the scope of work identified in a building permit application that was complete prior to July 1, 2016, all applicable construction codes adopted and in force at the time of filing of the complete building permit application will apply. (Ord. 5810, 7-11-2016) 4-5-070 INTERNATIONAL FIRE CODE AND FIRE PREVENTION REGULATIONS: A. PURPOSE: The following provisions and regulations are ad- opted as part of the City’s fire prevention program to abate existing fire hazards, to investigate the cause, origin and circumstances of fires, to in- spect potential fire hazards, to control the means and adequacy of the construction and safety of buildings in case of fires, within commercial, busi- ness, industrial or manufacturing areas and all other places in which numbers of persons work, meet, live or congregate, as hereinafter more par- ticularly set forth. (Ord. 2434, 9-23-1968; Amd. Ord. 5086, 6-21-2004) B. ADOPTION OF FIRE CODE AND STANDARDS: The City does hereby adopt the 2015 Interna- tional Fire Code pursuant to Chapter 51-54A of the Washington Administrative Code and Appen- dices B and H published by the International Code Council by reference as provided by State law, with the amendments, additions, deletions or exceptions as noted herein. (Ord. 4547, 7-24-1995; Amd. Ord. 4769, 3-8-1999; Ord. 5086, 6-21-2004; Ord. 5404, 7-21-2008; Ord. 5556, 10-11-2010; Ord. 5712, 4-14-2014) 4-5-070C (Revised 8/16)5 - 18.26 C. AMENDMENTS, ADDITIONS, AND DELETIONS TO THE FIRE CODE: 1. Subsection 101.1, Title, of the Interna- tional Fire Code, 2015 Edition, is hereby amended to read as follows: 101.1 Title. These regulations shall be known as the Fire Code of the City of Renton, hereinafter referred to as “this code.” Any references to “this jurisdic- tion” shall be references to the City of Renton, Washington. 2. Subsection 101.2, Scope, of the Inter- national Fire Code, 2015 Edition, is hereby amended by adding a new subsection 6, to read as follows: 6. Matters related to preparedness for natural or manmade disasters. 3. Subsection 102.7, Referenced codes and standards, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 102.7 Referenced codes and stan- dards. The codes and standards refer- enced in this code shall be those that are listed in Chapter 80, except the phrase “Electrical Code adopted by the City of Renton” shall be substituted for all refer- ences to the NFPA 70-14 National Elec- trical Code. Such codes and standards shall be considered part of the require- ments of this code to the prescribed ex- tent of each such reference and as further regulated in Sections 102.7.1 and 102.7.2. 4. Subsection 103.1, General, of the Inter- national Fire Code, 2015 Edition, is hereby amended to read as follows: 103.1 General. All references in this code to the “department of fire prevention within the jurisdiction” shall be synony- mous with the Fire Department under the direction of the Fire Code Official. The function of the department shall be the implementation, administration and en- forcement of the provisions of this code. 5. Subsection 103.3, Deputies, of the In- ternational Fire Code, 2015 Edition, is hereby amended by changing the title to “Fire Mar- shal/Deputy(ies)/Assistant(s),” and to read as follows: 103.3 Fire Marshal/Deputy(ies)/Assis- tant(s). In accordance with prescribed procedures of this jurisdiction, the Fire Code Official shall have the authority to appoint a Fire Marshal, Deputy Fire Mar- shal(s) and/or Assistant Fire Marshal(s), other related technical officers, inspec- tors and other employees. 6. Section 103.4.1, Legal defense, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 103.4.1 Legal defense. Any employee performing duties in connection with the enforcement of this code and acting in good faith and without malice in the per- formance of such duties shall be relieved from any personal liability for any dam- age to persons or property as a result of any act or omission in the discharge of such duties, and in the event of claims and/or litigation arising from such act or omission, the City Attorney shall, at the request of and on behalf of said em- ployee, investigate and defend such claims and/or litigation and if the claim be deemed by the City Attorney a proper one or if judgment be rendered against such administrative authority or em- ployee, said claim or judgment shall be paid by the City. This subsection applies only to employees that are paid by and work directly for the City of Renton. It does not apply to those working for other entities, including the Renton Regional Fire Authority. 7. Subsection 104.1, General, of the Inter- national Fire Code, 2015 Edition, is hereby amended by adding a new subsection, to read as follows: 104.1.1 Discretionary authority. The Fire Chief, Fire Marshal, Deputy and/or Assistant Fire Marshal(s) and Inspectors assigned to the Fire Department shall have the authority and discretion to en- force this code. 8. Subsection 104.10.1, Assistance from other agencies, of the International Fire 4-5-070C 5 - 18.27 (Revised 8/16) Code, 2015 Edition, is hereby amended to read as follows: 104.10.1 Assistance from other agen- cies. Police and other enforcement agencies shall have authority to render necessary assistance in the investigation of fires or the enforcement of this code as requested by the Fire Code Official, or his/her designee. 9. Subsection 104.11.2, Obstructing op- erations, of the International Fire Code, 2015 Edition, is hereby amended to read as fol- lows: 104.11.2 Obstructing operations. No person shall obstruct the operations of the Fire Department in connection with extinguishment, control, or investigation of any fire or actions relative to other emergencies, or disobey any lawful com- mand of the fire chief or officer of the Fire Department in charge of the emergency, or any part thereof, or any lawful order of a police officer assisting the Fire Depart- ment. 10. Subsection 105.1.1, Permits re- quired, of the International Fire Code, 2015 Edition, is hereby amended by adding a new subsection, to read as follows: 105.1.1.1 Operational permit fees. The fee for permits issued in accordance with Subsection 105.6 of the International Fire Code and permits issued for under- ground tank removal shall be as stipu- lated in the City of Renton Fee Schedule Brochure. Fees for tank storage shall be assessed for each individual tank. Exceptions: 1. Permit fees for Class IIIB liquid stor- age shall be assessed for each tank up to a total of five tanks, and no additional fee shall be charged for the sixth through the tenth tank. The eleventh tank and each subsequent tank of Class IIIB liquids shall be assessed per tank. 2. Permit fees for carbon dioxide sys- tems used in beverage dispensing appli- cations shall be waived. The permits shall expire one (1) year af- ter date of issuance or as otherwise noted on the permit. The permit fee shall be payable at or before the time of issu- ance or renewal of the permit. In the event of failure to remit payment for an operational permit within thirty (30) days after receipt of application or renewal no- tice, the fee for the permit shall be double the amount of the above-stated fee. 11. Subsection 105.3.2, Extensions, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 105.3.2 Extensions. A permittee holding an unexpired permit shall have the right to apply for an extension of the time within which the permittee will commence work under that permit when work is un- able to be commenced within the time re- quired by this section for good and satisfactory reasons. The Fire Code Offi- cial is authorized to grant, in writing, one (1) or more extensions of the time period of a permit for periods of not more than one hundred eighty (180) days each. Such extensions shall be requested by the permit holder in writing and justifiable cause demonstrated. 12. Subsection 105.4.1, Submittals, of the International Fire Code, 2015 Edition, is hereby amended by adding new subsections, to read as follows: 105.4.1.2 Construction plan review. Plans shall be submitted for review and approval prior to issuing a permit for work set forth in Subsections 105.7.1 through 105.7.18. 105.4.1.3 Plan review and construc- tion fees. Construction plans required to be reviewed by this Chapter and the In- ternational Fire Code shall be charged in accordance with the City of Renton Fee Schedule Brochure. 13. Subsection 105.6.17, Flammable and combustible liquids, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 4-5-070C (Revised 8/16)5 - 18.28 105.6.17 Flammable and combustible liquids. An operational permit is re- quired: 1. To use or operate a pipeline for the transportation within facilities of flammable or combustible liquids. This requirement shall not apply to the off-site transportation in pipelines regulated by the Department of Transportation (DOT) nor does it ap- ply to piping systems. 2. To store, handle or use Class I liquids in excess of 5 gallons (19L) in a building or in excess of ten (10) gal- lons (37.9L) outside of a building, ex- cept that a permit is not required for the following: 2.1. The storage or use of Class I liquids in the fuel tank of a motor vehicle, aircraft, motor- boat, mobile power plant or mo- bile heating plant unless such storage, in the opinion of the Fire Code Official, would cause an unsafe condition. 2.2 The storage or use of paints, oils, varnishes or similar flammable mixtures when such liquids are stored for mainte- nance, painting or similar pur- poses for a period of not more than thirty (30) days. 3. To store, handle or use Class II or Class IIIA liquids in excess of twenty-five (25) gallons (95L) in a building or in excess of sixty (60) gal- lons (227L) outside a building, except for fuel oil used in connection with oil- burning equipment in single-family and duplex dwellings. 4. To store, handle or use Class IIIB liquids in tanks or portable tanks for fueling motor vehicles at motor fuel- dispensing facilities or where con- nected to fuel-burning equipment. Exception: Fuel oil and used motor oil used for space heating or water heating in single-family or duplex dwellings. 5. To remove Class I or II liquids from an underground storage tank used for fueling motor vehicles by any means other than the approved, stationary on-site pumps normally used for dispensing purposes. 6. To operate tank vehicles, equip- ment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and Class II, IIIA or IIIB combustible liquids are produced, processed, transported, stored, dis- pensed or used. 7. To place temporarily out of ser- vice (for more than ninety (90) days) an underground, protected above- ground or above-ground flammable or combustible liquid tank. 8. To change the type of contents stored in a flammable or combustible liquid tank to a material that poses a greater hazard than that for which the tank was designed and constructed. 9. To manufacture, process, blend or refine flammable or combustible liquids. 10. To engage in the dispensing of liquid fuels into the fuel tanks of mo- tor vehicles at commercial, industrial, governmental or manufacturing es- tablishments. 11. To utilize a site for the dispens- ing of liquid fuels from tank vehicles into the fuel tanks of motor vehicles, marine craft and other special equip- ment at commercial, industrial, gov- ernmental or manufacturing establishments. 14. Subsection 105.6.24, Hot work oper- ations, of the International Fire Code, 2015 Edition, is hereby amended to read as fol- lows: 105.6.24 Hot works operations. An op- erational permit is required for hot work including, but not limited to: 4-5-070C 5 - 18.29 (Revised 8/16) 1. Public exhibitions and demon- strations where hot work is con- ducted. 2. Use of portable hot work equip- ment inside a structure. Exception deleted. 3. Fixed-site hot work equipment such as welding booths. 4. Hot work conducted within a wildfire risk area. 5. Application of roof coverings with the use of an open-flame device. 6. When approved, the Fire Code Official shall issue a permit to carry out a hot work program. This pro- gram allows approved personnel to regulate their facility’s hot work oper- ations. The approved personnel shall be trained in the fire safety aspects denoted in this Chapter and shall be responsible for issuing permits re- quiring compliance with the require- ments found in Chapter 35. These permits shall be issued only to their employees or hot work operations under their supervision. 15. Subsection 105.6.36, Places of As- sembly, of the International Fire Code, 2015 Edition, is hereby amended by adding a new subsection, to read as follows: 105.6.36.1 Temporary place of assem- bly/special event permit. An opera- tional permit is required for any special event where three hundred (300) or more people will congregate, either outdoors or indoors, in other than a Group A Occu- pancy. 16. Subsection 105.6, Required opera- tional permits, of the International Fire Code, 2015 Edition, is hereby amended to add a new subsection to read as follows: 105.6.49 Mobile Food Facilities. An op- erational permit is required to operate a mobile food facility. 17. Subsection 105.7.10, Hazardous ma- terials, of the International Fire Code, 2015 Edition, is hereby amended to read as fol- lows: 105.7.10 Hazardous materials. A con- struction permit is required to install, re- pair damage to, abandon, remove, place temporarily out of service, or close or substantially modify a storage facility, tank, or other area regulated by Chapter 50 when the hazardous materials in use or storage exceed the amounts listed in Table 105.6.21. Exceptions: 1. Routine maintenance. 2. For emergency repair work per- formed on an emergency basis, applica- tion for permit shall be made within two (2) working days of commencement of work. 18. Subsection 107.1, Maintenance of safeguards, of the International Fire Code, 2015 Edition, is hereby amended by adding a new subsection, to read as follows: 107.1.1 Malfunctioning alarm fee. Whenever an alarm system is activated due to a malfunction and the Fire Depart- ment is dispatched, a report of the false alarm will be recorded for the building or area affected. For the first, second and third false alarm within a calendar year, no fee will be assessed. For every false alarm caused by a malfunction of the alarm beyond the third false alarm a fee will be assessed as per the City of Renton Fee Schedule Brochure. 19. Subsection 108.1, Board of appeals established, of the International Fire Code, 2015 Edition, is hereby amended by chang- ing the title to “Hearing Examiner,” and amended to read as follows: 108.1 Hearing Examiner. In order to hear and decide appeals of orders, deci- sions or determinations made by the Fire Code Official relative to the application and interpretation of this code, the Hear- ing Examiner process established by the 4-5-070C (Revised 8/16)5 - 18.30 City of Renton as set forth in RMC 4-8- 110, shall have authority. 20. Subsection 108.3, Qualifications, of the International Fire Code, 2015 Edition, is hereby deleted. 21. Subsection 109.3, Notice of violation, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 109.3 Notice of violation. When the Fire Code Official finds a building, premises, vehicle, storage facility or outdoor area that is in violation of this code, the Fire Code Official is authorized to prepare a written notice of violation describing the conditions deemed unsafe and, when compliance is not immediate, specifying a time for reinspection. 22. Subsection 109.3.1, Service, of the In- ternational Fire Code, 2015 Edition, is hereby amended by adding new subsections, to read as follows: 109.3.1.1 Reinspection. Whenever the Fire Department has given notification of a violation that required a reinspection and thirty (30) days have expired with such condition or violation still in exis- tence, a “Subsequent Reinspection” will be required. 109.3.1.2 Reinspection Fee. Any Sub- sequent Reinspection, after the original thirty (30) days period of time, shall re- quire the payment of a reinspection fee as specified in the City of Renton Fee Schedule Brochure, to be assessed against the person owning, operating or occupying the building or premises wherein the violation exists. This rein- spection fee must be paid within ten (10) days of the notice for the reinspection. However, any building owner, operator or occupant, upon a reasonable request to the Fire Code Official, may obtain an ex- tension of said thirty (30) day period for a reasonable period to be established by the Fire Code Official to allow such time for compliance. The request for an exten- sion must be received by the Fire Depart- ment prior to the expiration of the original reinspection date. 23. Subsection 109.3.2, Compliance with orders and notices, of the International Fire Code, 2015 Edition, is hereby amended by adding a new subsection, to read as follows: 109.3.2.1 Notice and Responsibility. Whenever the infraction, condition or vio- lation involves the structural integrity of the building, then the notice of the infrac- tion, condition or violation shall be sent to both the building owner and its occupant or occupants. Should compliance with the fire code so as to remedy the infrac- tion, condition or violation require addi- tions or changes to the building or premises, which would be part of the structure or the fixtures to the realty, then the responsibility to remedy the infrac- tion, condition, or violation shall be upon the owner of the building unless the owner and occupant shall otherwise agree between themselves and so notify the City. Should the occupant not remedy the infraction, condition, or violation, then the City shall have the right to demand such remedy from the owner of the prem- ises. 24. Subsection 109.4, Violation Penal- ties, of the International Fire Code, 2015 Edi- tion, is hereby amended to read as follows: 109.4 Violation Penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the re- quirements thereof or who shall erect, in- stall, alter, repair or do work in violation of the approved construction documents or directive of the Fire Code Official, or of a permit or certificate used under provi- sions of this code, shall be guilty of a mis- demeanor and subject to the penalties in RMC 1-3-1, except as provided in RMC 4-5-070.C.43 and 100. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 25. Subsection 111.4, Failure to comply, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, ex- cept such work as that person is directed 4-5-070C 5 - 18.31 (Revised 8/16) to perform to remove a violation or un- safe condition, shall be guilty of a misde- meanor, subject to RMC 1-3-1. 26. Section 202, General Definitions, of the International Fire Code, 2015 Edition, is hereby amended by changing the definitions of “Fire Chief” and “Fire Code Official” to read as follows: FIRE CHIEF. All references in this code to the fire chief shall mean the Fire Chief or chief administrative officer of the Renton Regional Fire Authority, or a duly authorized representative. FIRE CODE OFFICIAL. The Fire Chief, who shall be the chief law enforcement officer with respect to this code. 27. Section 202, General Definitions, of the International Fire Code, 2015 Edition, is hereby amended by adding the following defi- nitions: AUTOMATED EXTERNAL DEFIBRIL- LATOR (AED). An automated external defibrillator (AED) is a portable automatic device used to restore normal heart rhythm to patients in cardiac arrest. MOBILE FOOD FACILITY. Permanent and nonpermanent food operation vehi- cles that store, prepare, package, serve, vend, or otherwise provide food for hu- man consumption, on or off the premises. SHALL. The word “shall” is defined to have the following meaning: a. With respect to the functions and powers of the Fire Code Official, any agents and employees of the City of Renton, and any Board authorized hereunder, a direction and authoriza- tion to act in the exercise of sound discretion and in good faith; and b. With respect to the obligations upon owners, occupants of the prem- ises and their agents, there is a man- datory requirement to act in compliance with this code at the risk of civil and criminal liability upon fail- ure to so act. SPECIAL EVENT. For the purposes of this code, events that have large occu- pant loads or create a potential hazard to the participants or the community shall be defined as a “special event” including: a. Any event that occurs in a per- mitted place of assembly that intro- duces a hazard regulated by this code and not approved at the time of the issuance of the Place of Assem- bly Permit. b. Any event with an occupant load that exceeds three hundred (300) in a location that does not have a Place of Assembly Permit. c. All temporary places of assem- bly. TEMPORARY PLACE OF ASSEMBLY. An occupancy not classified as “Assem- bly Group A” that is used for activities normally restricted to assembly occupan- cies and limited to a period of less than thirty (30) calendar days of assembly use. 28. Subsection 307.1, General, of the In- ternational Fire Code, 2015 Edition, is hereby amended to read as follows: 307.1 General. Open burning is hereby prohibited in conformance with the Puget Sound Clean Air Agency and the Depart- ment of Ecology regulations. 29. Subsection 307.2, Permit required, of the International Fire Code, 2015 Edition, is hereby deleted. 30. Section 308, Open Flames, of the In- ternational Fire Code, 2015 Edition, is hereby amended to add a new subsection 308.5, Sky Lanterns, to read as follows: 308.5 Sky Lanterns. The lighting and/or release of sky lanterns or like materials shall be prohibited in the City of Renton. 31. Subsection 314.4, Vehicles, of the In- ternational Fire Code, 2015 Edition, is hereby amended to read as follows: 4-5-070C (Revised 8/16)5 - 18.32 314.4 Vehicles. Liquid or gas-fueled ve- hicles, fueled equipment, boats or other motor craft shall not be located indoors except as follows: 1. Batteries are disconnected. 2. Fuel in fuel tanks does not ex- ceed one-quarter (1/4) tank or five (5) gallons (19 L) (whichever is least). 3. Fuel tanks and fill openings are closed and sealed to prevent tamper- ing. 4. Vehicles, boats, other motor craft equipment, and fueled equipment are not fueled or defueled within the building. 32. Subsection 401.3, Emergency re- sponder notification, of the International Fire Code, 2015 Edition, is hereby amended by changing the title to “Emergency services notification,” and to read as follows: 401.3 Emergency services notifica- tion. In the event an unwanted fire, med- ical emergency, or hazardous material release occurs on a property, the owner or occupant shall immediately report such condition to the Fire Department. Building employees and tenants shall im- plement the appropriate emergency plans and procedures. No person shall, by verbal or written directive, require any delay in the reporting of a fire, medical emergency, or hazardous material re- lease to the Fire Department. 401.3.1 Making false report. It shall be unlawful for a person to give, sig- nal, or transmit a false alarm. 401.3.2 Alarm activations. Upon activation of a fire alarm signal, em- ployees or staff shall immediately no- tify the Fire Department. 401.3.3 Emergency evacuation drills. Nothing in this section shall prohibit the sounding of a fire alarm signal or the carrying out of an emer- gency evacuation drill in accordance with the provisions of Section 405. 33. Subsection 403.2, Group A occupan- cies, of the International Fire Code, 2015 Edi- tion, is hereby amended by adding new subsections to read as follows: 403.2.5 Automated External Defibrilla- tors (AED). Group A-1 through A-5 occu- pancies and special events, with an occupancy load or event of three hun- dred (300) or more persons, shall have available and maintain an AED on the premises. 403.2.5.1 Placement. The location of the AEDs shall be as determined by the Fire Code Official with a one way travel distance not to exceed six hundred (600) feet. 403.2.5.2 Notification. The Fire De- partment shall be notified in writing of the installation and location of an AED on the premises. 403.2.5.3 AED Maintenance. AEDs shall be maintained as per the manu- facturer’s requirements. 403.2.5.4 Automated External De- fibrillator (AED) Training. Where AEDs are required by this code, em- ployees shall be trained in the use of and be familiar with the locations of the AEDs. 34. Subsection 403.8.1, Group I-1 occu- pancies, of the International Fire Code, 2015 Edition, is hereby amended to read as fol- lows: 403.8.1 Group I-1 occupancies. Group I-1 occupancies shall comply with the re- quirements of Subsections 403.8.1.1 through 403.8.1.7. 35. Subsection 403.8.2, Group I-2 occu- pancies, of the International Fire Code, 2015 Edition, is hereby amended to read as fol- lows: 403.8.2 Group I-2 occupancies. Group I-2 occupancies shall comply with the re- quirements of Subsections 403.8.2.1 through 403.8.2.3, 401, 404 through 406, and 403.13 through 403.13.8. 4-5-070C 5 - 18.33 (Revised 8/16) 36. Subsection 403.8.3, Group I-3 occu- pancies, of the International Fire Code, 2015 Edition, is hereby amended to read as fol- lows: 403.8.3 Group I-3 occupancies. Group I-3 occupancies shall comply with the re- quirements of Subsections 403.8.3.1 through 403.8.3.4. 37. Section 403, Emergency Prepared- ness Requirements, of the International Fire Code, 2015 Edition, is hereby amended by adding a new subsection to read as follows: 403.13 Boarding homes and residen- tial care facilities (I-1, I-2, I-3, R-2 and R-4 occupancies). Facilities classified as nursing homes by Washington State Administrative Code subsection 388-97- 0001 shall comply with Subsections 408.12.1 through 408.12.8. Facilities classified as boarding homes by Wash- ington State Administrative Code subsec- tion 388-78A-2020 shall comply with Subsections 408.12.1 through 408.12.5 for those residents who are unable to care for themselves because of special needs due to health or age. Boarding homes shall comply with Subsections 408.12.6 through 408.12.8 regardless of the capabilities of their residents. R-2 and R-4 occupancies that do not fall under the State definition of boarding homes (Washington Administrative Code sub- section 388-78A-2020) are exempt from requirements under Subsection 408.12. 403.13.1 Receiving facilities. The fire safety, emergency and evacuation plans must include memoranda of understand- ing (MOU) with appropriate facilities that can receive residents with special needs if the host facility must be evacuated. 403.13.2 Transportation agreements. The fire safety, emergency and evacua- tion plans must include memoranda of understanding (MOU) with transportation companies or services to provide suffi- cient transportation resources for resi- dents with special needs and their attending staff in the event of an evacua- tion. 403.13.3 Residential tracking. The fire safety, emergency and evacuation plans must include provisions for tracking resi- dents with special needs in the event of an evacuation. The facility must be able to account for each resident’s method of transportation and destination including residents who are picked up by non-staff members, even if a transfer of care oc- curs after the resident’s arrival at a sec- ondary facility. 403.13.4 Medications and medical equipment. The fire safety, emergency and evacuation plan must include provi- sions for transporting medications and essential medical equipment for resi- dents to the receiving location in the event of an evacuation. 403.13.5 Access to patient medical re- cords. Staff must have access to patient medical records and information in the event of a disaster or emergency. It is the responsibility of the facility operators to arrange for secure records storage to ac- cess vital medical records even if resi- dents or patients have been evacuated to a secondary facility. 403.13.6 Emergency communications. The facility must maintain the ability to re- ceive emergency warnings and public in- formation messages even during a power outage. A NOAA weather radio along with a battery operated AM/FM radio pro- vides sufficient warning and information capability to meet this requirement. The facility must have an emergency commu- nications plan to communicate with off- site staff to inform them of the facility’s status, evacuations, or a need for in- creased staffing levels if normal modes of communication are not operational. The emergency communications plan will also address communication with the families of residents regarding residents’ status, location and safety when the resi- dent is unable to carry out communica- tions on their own. 403.13.7 Environment. The facility must have a plan and readily accessible provi- sions to maintain a safe temperature en- vironment and adequate ventilation for residents in the event of a utility or equip- 4-5-070C (Revised 8/16)5 - 18.34 ment outage. The facility must also pro- vide non-flame sources of lighting sufficient to keep residents safe when moving around the facility. Candles or other flame sources of heat and light are not approved due to the increased risk of fire. 403.13.8 Supplies. The facility must have a minimum of a three (3) day supply of non-perishable food, water, medical, hygiene, sanitation and other supplies necessary to provide a safe environment and sustain the life, health, and comfort of the residents and the staff that care for them. All supplies must fit the dietary and medical needs of residents and staff. The supplies should also be transported to the receiving facility during an evacuation if the availability of the necessary sup- plies cannot be guaranteed at the sec- ondary location. Exception: If there is backup power for refrigeration, the three (3) days’ supply of food may be stored in any form. 38. Subsection 503.1, Where required, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Subsec- tions 503.1.1 through 503.2. 39. Subsection 503.1.2, Additional ac- cess, of the International Fire Code, 2015 Edition, is hereby amended to add a new sub- section, to read as follows: 503.1.2.1 Two means of access. Two (2) means of approved access shall be required when a complex of three (3) or more buildings is located more than two hundred feet (200') from a public road. (RMC 4-6-060.H.5) 40. Subsection 503.2, Specifications, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 503.2 Specifications. Fire apparatus ac- cess roads shall be installed and ar- ranged in accordance with RMC 4-4-080 and 4-6-060. 41. Subsection 503.4, Obstruction of fire apparatus access roads, of the Interna- tional Fire Code, 2015 Edition, is hereby amended by adding a new subsection, to read as follows: 503.4.1 Enforcement. The Fire Depart- ment may issue non-traffic citations to ve- hicles parked in a fire lane or blocking a fire hydrant in accordance with the Bail Schedule established by Renton Munici- pal Court. The application of the above penalty shall not be held to prevent the enforced removal of prohibited condi- tions. 42. Subsection 505.1, Address numbers, of the International Fire Code, 2015 Edition, is hereby amended by adding new subsec- tions, to read as follows: 505.1.1 Identification size. In order that the address identification is plainly visi- ble, the following minimum sizes, figures or numbers, in block style in contrasting color shall be used in accordance with the following: 1. Single-family residential houses – four inches (4"). 2. Multi-family residential, commer- cial, or small business: fifty feet (50') or less setback – six inches (6"); more than fifty feet (50') setback – ten inches (10"). 3. Large commercial or industrial areas: one hundred feet (100') or less setback – eighteen inches (18"); more than one hundred feet (100') setback – twenty-four inches (24"). 505.1.2 Rear Door Marking. When vehi- cle access is provided to the rear of com- mercial, industrial and warehouse buildings, the rear doors servicing indi- vidual businesses shall be marked to in- dicate address and/or unit identification with letters or numbers at least four inches (4") high. 505.1.3 Suite numbers. Buildings con- sisting of separate suites with the same building address shall have their suite number marked so that the suite is read- 4-5-070C 5 - 18.35 (Revised 8/16) ily identifiable and the numbers or letters sized as per Subsection 505.1.1. Exception: Suites located on an in- terior hall or corridor shall have letter- ing at least one inch (1") high. 43. Subsection 507.5.1, Where required, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 507.5.1 Where required. Where a por- tion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than one hundred fifty feet (150') from a hydrant on a fire appa- ratus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where re- quired by the Fire Code Official. Exceptions: 1. For Group R-3 and Group U oc- cupancies, the distance requirement shall be three hundred feet (300'). 2. Deleted. 44. Section 510, Emergency Responder Radio Coverage, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 510.1 Purpose. The purpose of this sec- tion is to provide minimum standards to ensure a reasonable degree of reliability for emergency services communications from within certain buildings and struc- tures within the City to and from emer- gency communications centers. It is the responsibility of the emergency service provider to get the signal to and from the building site. 510.2 Applicability. This section applies to new construction permits issued after the effective date of this section. A Certif- icate of Occupancy shall not be issued to any structure if the building fails to com- ply with this section. 510.3 Building radio coverage. Except as otherwise provided, no person shall maintain, own, erect, or construct any building or structure or any part thereof, or cause the same to be done which fails to support adequate radio coverage for City emergency services workers, includ- ing but not limited to firefighters and po- lice officers. For purposes of this section, adequate radio coverage shall mean that the in-building radio coverage is sufficient to pass the testing procedures set forth in this section. Permits to install any In- Building Radio System will require a con- struction permit issued by the City of Renton Fire Department. 510.4 Exceptions. This section shall not apply to the following: 510.4.1 Existing buildings or struc- tures unless undergoing renovation. 510.4.2 Single-family and duplex residential buildings. 510.4.3 Structures that are fifty thou- sand (50,000) square feet in size or less without subterranean storage or parking. The subterranean areas shall not be exempt from these re- quirements. 510.4.4 Wood-constructed residen- tial structures four (4) stories or less without subterranean storage or parking. 510.4.5 Buildings constructed prior to the implementation of this section shall not be required to comply with public safety radio coverage provi- sions of this section. However, should exempted structures undergo renovations, restoration, significant modifications or provide an addition in area greater than twenty percent (20%) of the footprint of the original structure, exemption from the provi- sions of this section shall not apply. 510.5 Adequate radio coverage. Mini- mum signal strength of three (3) micro volts shall be available in ninety-five per- cent (95%) of all areas of the building and ninety-nine percent (99%) in elevators (measured at the primary recall floor), stair shafts and Fire Command Centers 4-5-070C (Revised 8/16)5 - 18.36 when transmitted from the Regional 800 MHz Radio System. 510.6 Minimum signal strength. Mini- mum signal strength of one (1) micro volts received by the Regional 800 MHz Radio System when transmitted from ninety-five percent (95%) of all areas of the building and ninety-nine percent (99%) in elevators (measured at the pri- mary recall floor), stair shafts and Fire Command Centers. 510.7 Frequency range. 510.7.1 The frequency range which must be supported shall be public safety frequency spectrum as deter- mined by the regional Radio System operator in all areas of the building. Measurements in buildings for the purpose of this section shall be to a portable radio of the type the City and the 911 system then currently utilize. The Fire Chief may designate alter- nate methods of measuring the sig- nal level, which satisfy appropriate levels of public safety grade cover- age. 510.7.2 The amplification system must be capable of future modifica- tions to a frequency range subse- quently established by the City. If the system is not capable of modification to future frequencies, then a new system will need to be installed to ac- commodate the new frequency band. 510.8 Approved prior to installation. No amplification system capable of oper- ating on frequencies used by the Re- gional 800 MHz Radio System shall be installed without prior coordination and approval of the radio system licensee (Valley Communications) and any such system must comply with any standards adopted by the King County Regional Communications Board. 510.9 Noncompliance. After discovery and notice of noncompliance, the build- ing owner is provided six (6) months to remedy the deficiency and gain compli- ance. 510.10 Penalties. Any person violating any of the provisions of the section shall be subject to penalties in accordance with the general penalty provisions of RMC 1-3-1. In addition, any building or structure which does not meet the re- quirements set forth in this code is hereby declared to be a public nuisance, and the City may, in addition to seeking any other appropriate legal remedy, pursue equita- ble remedies to abate said nuisance in accordance with RMC 1-3-3. 510.11 Severability. If any subsection, sentence, clause, phrase or portion of this section is for any reason held invalid or unconstitutional by any court of com- petent jurisdiction, such portion shall be deemed a separate, distinct, and inde- pendent provision and such holding shall not affect the validity of the remaining portions hereof. (Ord. 5676, 12-3-2012) 45. Subsection 602.1, Definitions, of the International Fire Code, 2015 Edition, is hereby amended by adding the following defi- nition: POWER TAP. A listed device for indoor use consisting of an attachment plug on one end of a flexible cord and two (2) or more receptacles on the opposite end and over current protection. 46. Subsection 604.2, Where required, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 604.2 Where required. Emergency and standby power systems shall be provided where required by Subsections 604.2.1 through 604.2.18. 47. Subsection 604.2, Where required, of the International Fire Code, 2015 Edition, is hereby amended by adding new subsections, to read as follows: 604.2.17 Group I-1 and Group I-2 Nurs- ing Home Occupancies. In addition to specific requirements listed elsewhere in the codes referenced in Subsection 102.6, approved manually switched standby power systems in new Group I-1 and I-2 occupancies shall be provided to power the following operations: 4-5-070C 5 - 18.37 (Revised 8/16) 1. Heating and refrigeration. 2. Communications and alarm sys- tems. 3. Ventilation systems. 4. Emergency lighting. 5. Patient-care related electrical circuits. 6. At least one (1) elevator used by residents. Existing Group I-1 and I-2 occupan- cies and boarding homes will have two (2) years from the effective date of the ordinance codified in this sec- tion to comply with this subsection. 604.2.18 Automotive Fuel Dispensing Facilities. All new commercial fuel dis- pensing facilities shall be provided with an approved generator quick connect tap box and transfer switch for a standby power system to provide power to facili- tate maintaining fuel dispensing during local power outages or disaster. 48. Subsection 605.10, Portable, electric space heaters, of the International Fire Code, 2015 Edition, is hereby amended by adding a new subsection, to read as follows: 605.10.5 Tip-Over Switch. All portable electric space heaters shall be equipped with an automatic tip-over shut-off switch. Exception: Approved liquid-filled portable heaters. 49. Chapter 6, Building Services and Systems, of the International Fire Code, 2015 Edition, is hereby amended to add a new section, to read as follows: SECTION 612 MOBILE FOOD FACILITIES 612.1 General. Mobile food facilities shall comply with this section. 612.2 Kitchen Hood. A Type I hood shall be installed at or above all commercial cooking appliances and domestic cook- ing appliances used for commercial pur- poses that produce grease laden vapors. Commercial kitchen exhaust hoods shall comply with the requirements of the Inter- national Mechanical Code. Hoods shall be inspected, tested and maintained in accordance with NFPA 96. 612.3 Fire Extinguishers. Approved 2A:20BC and Type K rated fire extin- guishers shall be provided in each mobile food facility as determined by the Fire Code Official and the individual hazard presented by the individual mobile food facility. 612.4 Liquefied petroleum gas (LP- gas). LP-gas shall be in accordance with Chapter 61 and sections 612.4.1 and 612.4.2. 612.4.1 Maximum number and quantity. A maximum of two LP-gas containers (one hundred (100) pounds each) with a total aggregate water capacity of two hundred (200) pounds is permitted at one mobile food facility. 612.4.2 LP-gas cylinder hoses. Hoses shall be designed for a work- ing pressure of three hundred fifty (350) psig with a safety factor of five to one (5:1) and shall be continuously marked with LP-gas, propane, three hundred fifty (350) working pressure and manufacturer’s name or trade- mark. Hose assemblies, after appli- cation of couplings, shall have a design capacity of seven hundred (700) psig. Hose assemblies shall be leak tested at time of installation at not less than the operating pressure of the system in which they are in- stalled. 612.4.3 LP-gas cylinders. LP-gas cylinders shall be secured in an ap- proved manner in an upright position. LP-gas cylinders shall not be stored within the facility at any time. If stored within a compartment, the compart- ment shall have approved venting di- rectly to the exterior and must not allow venting to the interior of the fa- 4-5-070C (Revised 8/16)5 - 18.38 cility at any time. If LP-gas cylinder storage is added to the rear of the fa- cility, an appropriate, approved bumper shall be added to the rear of the facility to provide adequate im- pact protection. Belly cylinder tanks shall be installed according to DOT standards. 612.5 Location. Mobile food facilities shall not be located within twenty feet (20') of buildings, tents, canopies or membrane structures or within ten feet (10') of any other mobile food facility. Exception: When mobile food facilities are positioned on public streets, the dis- tance from buildings may be reduced to five feet (5'). This exception is designated for events lasting a maximum of no more than three (3) consecutive calendar days in a row. 50. Subsection 806.1.1, Restricted Occu- pancies, of the International Fire Code, 2015 Edition, is hereby amended to read as fol- lows: 806.1.1 Restricted occupancies. Natu- ral cut trees shall be prohibited within am- bulatory care facilities and Group A, E, I- 1, I-2, I-3, I-4, M, R-1, R-2 providing li- censed care to clients in one of the cate- gories listed in IBC section 310.1 licensed by Washington State and R-4 occupancies. Exceptions: 1. Trees located in areas protected by an approved automatic sprinkler system installed in accordance with Subsections 903.3.1.1 or 903.3.1.2 shall not be prohibited in Groups A, E, M, R-1 and R-2. 2. Trees treated with a flame retar- dant and renewed to maintain flame resistance, subject to the approval of the Fire Code Official. 3. Trees shall be allowed within dwelling units in Group R-2 occupan- cies. 51. Chapter 8, Interior Finish, of the Inter- national Fire Code, 2015 Edition, is hereby amended by adding a new section, to read as follows: SECTION 809 ATRIUM FURNISHINGS Atrium furnishings shall comply with Sub- sections 809.1 and 809.2. 809.1 Potential heat. Potential heat of combustible furnishings and decorative materials within atria shall not exceed nine thousand (9,000) BTU per pound (20,934 J/g) when located within an area that is more than twenty feet (20') (6096 mm) below ceiling level sprinklers. 809.2 Decorative materials. Decorative material in atria shall be noncombustible, flame resistant or treated with a flame re- tardant. 52. Subsection 901.5.1, Occupancy, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 901.5.1 Occupancy. It shall be unlawful to occupy any portion of a building or structure until the required fire detection, alarm and suppression systems have been tested and approved. All accep- tance tests shall be witnessed by the Fire Department prior to occupancy being granted. 53. Subsection 901.6, Inspection, testing and maintenance, of the International Fire Code, 2015 Edition, is hereby amended by adding new subsections, to read as follows: 901.6.3 Annual Certification Required. All sprinkler systems, fire alarm systems, portable fire extinguishers, smoke re- moval systems, air replenishment sys- tems, and other fire protective or extinguishing systems shall be certified annually by a qualified agency, except, hood fire extinguishing systems shall be serviced every six (6) months. Documen- tation of such servicing shall be provided as indicated in Subsection 901.6. 4-5-070C 5 - 18.39 (Revised 8/16) 901.6.4 Annual Hazardous Systems Certification. All electronic monitoring systems used in connection with flamma- ble, combustible liquids and/or hazard- ous materials shall be certified annually by a qualified agency. Documentation of the system certifications shall be for- warded to the Fire Department indicating each system has been tested and func- tions as required. 54. Subsection 903.2, Where required, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 903.2 Where required. Approved auto- matic sprinkler systems in new buildings and structures shall be provided in the lo- cations described in this section. All newly constructed buildings with a gross square footage of five thousand (5,000) or greater square feet, regardless of type of use as well as zero lot line townhouses with an aggregate area of all connected townhouses equaling five thousand (5,000) or greater square feet must be sprinklered. Additions to existing buildings which would result in a gross floor area greater than five thousand (5,000) square feet must be retrofitted with an automatic sprinkler system. Exception: 1. One-time additions to Interna- tional Building Code Group R-3 oc- cupancies of up to five hundred (500) square feet are permitted without compliance with this section. 2. Single-family and duplex dwell- ings and townhouses built in compli- ance with the International Residential Code and meeting fire flow and access requirements of the City of Renton. When not required by other provi- sions of this chapter, a fire-extin- guishing system installed in accordance with NFPA 13 may be used for increases and substitutions allowed in Subsections 504.3, 506.2 and Table 601 of the Building Code. 55. Subsection 903.2.1.1, Group A-1, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 903.2.1.1 Group A-1. An automatic sprinkler system shall be provided for Group A-1 occupancies where one (1) of the following conditions exists: 1. The gross floor area exceeds five thousand (5,000) square feet; 2. The fire area has an occupant load of three hundred (300) or more; 3. The fire area is located on a floor other than the level of exit discharge serving such occupancies; or 4. The fire area contains a multi- theater complex. 56. Subsection 903.2.1.2, Group A-2, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 903.2.1.2 Group A-2. An automatic sprinkler system shall be provided for group A-2 occupancies where one (1) the following conditions exists: 1. The gross floor area exceeds five thousand (5,000) square feet; 2. The fire area has an occupant load of one hundred (100) or more; or 3. The fire area is located on a floor other than the level of exit discharge serving such occupancies. 57. Subsection 903.2.1.3, Group A-3, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 903.2.1.3 Group A-3. An automatic sprinkler system shall be provided for Group A-3 occupancies where one (1) of the following conditions exists: 1. The gross floor area exceeds five thousand (5,000) square feet; 2. The fire area has an occupant load of three hundred (300) or more; or 4-5-070C (Revised 8/16)5 - 18.40 3. The fire area is located on a floor other than the level of exit discharge serving such occupancies. 58. Subsection 903.2.1.4, Group A-4, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 903.2.1.4 Group A-4. An automatic sprinkler system shall be provided for Group A-4 occupancies where one (1) of the following conditions exists: 1. The gross floor area exceeds five thousand (5,000) square feet; 2. The fire area has an occupant load of three hundred (300) or more; or 3. The fire area is located on a floor other than the level of exit discharge serving such occupancies. 59. Subsection 903.2.1.5, Group A-5, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 903.2.1.5 Group A-5. An automatic sprinkler system shall be provided for Group A-5 occupancies in the following areas: concession stands, retail areas, press boxes and other accessory use ar- eas in excess of one thousand (1,000) square feet. 60. Subsection 903.2.2, Group B ambula- tory health care facilities, of the Interna- tional Fire Code, 2015 Edition, is hereby amended to read as follows: 903.2.2 Ambulatory care facilities. An automatic sprinkler system shall be in- stalled throughout all fire areas contain- ing an ambulatory care facility where either of the following conditions exists at any time: 1. Four (4) or more care recipients are incapable of self-preservation, whether rendered incapable by staff or staff has accepted responsibility for care recipients already incapable. 2. One (1) or more care recipients who are incapable of self-preserva- tion are located at other than the level of exit discharge serving such a facility. In buildings where ambulatory care is provided on levels other than the level of exit discharge, an automatic sprinkler system shall be installed throughout the entire floor where such care is provided as well as all floors below, and all floors between the level of ambulatory care and the nearest level of exit discharge, includ- ing the level of exit discharge. 61. Subsection 903.2.3, Group E, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 903.2.3 Group E. An approved auto- matic sprinkler system shall be provided for Group E occupancies as follows: Exceptions: 1. Throughout all Group E fire areas greater than five thousand (5,000) square feet in area. 2. Throughout every portion of educa- tional buildings below the lowest level of exit discharge serving that portion of the building. 3. Portable school classrooms, pro- vided the aggregate area of any clusters of portable school classrooms does not exceed five thousand (5,000) square feet, and clusters of portable school classrooms shall be separated as re- quired by the Building Code. 62. Subsection 903.2.4, Group F-1, of the International Fire Code, 2015 Edition, is hereby amended by changing the title to “Group B, F and S Occupancies,” and to read as follows: 903.2.4 Group B, F and S Occupan- cies. An automatic sprinkler system shall be provided throughout all buildings con- taining a Group B, F or S occupancy with over five thousand (5,000) square feet of gross floor area. 903.2.4.1 Woodworking opera- tions. An automatic sprinkler system 4-5-070C 5 - 18.41 (Revised 8/16) shall be provided throughout all group F-1 occupancy fire areas that contain woodworking operations in excess of two thousand five hundred (2,500) square feet in area which generate finely divided combustible waste or which use finely divided combustible materials. 63. Subsection 903.2.5, Group H, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 903.2.5 Group H. Automatic sprinkler systems shall be provided in high-hazard occupancies as required in Subsections 903.2.5.1 through 903.2.5.3. 903.2.5.1 General. An automatic sprinkler system shall be installed in Group H occupancies. 903.2.5.2 Group H-5 occupancies. An automatic sprinkler system shall be installed throughout buildings containing Group H-5 occupancies. The design of the sprinkler system shall not be less than that required under the International Building Code for the occupancy hazard clas- sifications in accordance with Table 903.2.5.2. Where the design area of the sprinkler system consists of a corridor protected by one (1) row of sprinklers, the maximum number of sprinklers required to be calculated is thirteen (13). 903.2.5.3 Pyroxylin plastics. An au- tomatic sprinkler system shall be pro- vided in buildings, or portions thereof, where cellulose nitrate film or pyroxylin plastics are manufac- tured, stored or handled in quantities exceeding one hundred (100) pounds. 64. Subsection 903.2.6, Group I, of the In- ternational Fire Code, 2015 Edition, is hereby amended to read as follows: 903.2.6 Group I. An automatic sprinkler system shall be provided throughout buildings with a Group I fire area. Exceptions: 1. An automatic sprinkler system installed in accordance with Subsec- tion 903.3.1.2 shall be permitted in Group I-1 condition 1 facilities. 2. An automatic sprinkler system is not required where Group I-4 day care facilities are at the level of exit discharge and where every room where care is provided has at least one (1) exterior exit door. 3. In buildings where Group I-4 day care is provided on levels other than the level of exit discharge, an auto- matic sprinkler system in accordance with Subsection 903.3.1.1 shall be installed on the entire floor where care is provided and all floors be- tween the level of care and the level of exit discharge, and all floors below the level of exit discharge, other than areas classified as an open parking garage. 65. Subsection 903.2.7, Group M, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings containing a Group M occu- pancy where one (1) of the following con- ditions exists: 1. Where a Group M gross floor area exceeds five thousand (5,000) square feet. TABLE 903.2.5.2 GROUP H-5 SPRINKLER DESIGN CRITERIA LOCATION OCCUPANCY HAZARD CLASSIFICATION Fabrication areas Ordinary Hazard Group 2 Service corridors Ordinary Hazard Group 2 Storage rooms without dispensing Ordinary Hazard Group 2 Storage rooms with dispensing Extra Hazard Group 2 Corridors Ordinary Hazard Group 2 4-5-070C (Revised 8/16)5 - 18.42 2. Where a Group M fire area is lo- cated more than three (3) stories above grade. 3. Where the combined area of all Group M fire areas on all floors, in- cluding any mezzanines, exceeds five thousand (5,000) square feet. 4. Where a Group M occupancy that is used for the display and sale of upholstered furniture and/or mat- tresses exceeds five thousand (5,000) square feet. 66. Subsection 903.2.8, Group R, of the International Fire Code, 2015 Edition, is hereby amended by adding new subsections, and to read as follows: 903.2.8 Group R. An automatic sprinkler system installed in accordance with Sub- section 903.3 shall be provided through- out all buildings with a Group R fire area. 903.2.8.1 Group R-3. An automatic sprinkler system installed in accor- dance with Subsection 903.3.1.3 shall be permitted in Group R-3 occu- pancies. 903.2.8.2 Group R-4 Condition 1. An automatic sprinkler system in- stalled in accordance with Subsec- tion 903.3.1.3 shall be permitted in Group R-4 Condition 1 occupancies. 903.2.8.3 Group R-4 Condition 2. An automatic sprinkler system in- stalled in accordance with Subsec- tion 903.3.1.2 shall be permitted in Group R-4 Condition 2 occupancies. Attics shall be protected in accor- dance with Subsection 903.2.8.3.1 or 903.2.8.3.2. 903.2.8.3.1 Attics used for liv- ing purposes, storage or fuel- fired equipment. Attics used for living purposes, storage or fuel- fired equipment shall be pro- tected throughout with an auto- matic sprinkler system installed in accordance with Subsection 903.3.1.2. 903.2.8.3.2 Attics not used for living purposes, storage or fuel-fired equipment. Attics not used for living purposes, storage or fuel-fired equipment shall be protected in accordance with one of the following: 1. Attics protected throughout by a heat detector system ar- ranged to activate the building fire alarm system in accordance with Subsection 907.2.10. 2. Attics constructed of non- combustible materials. 3. Attics constructed of fire-re- tardant-treated wood framing complying with Subsection 23.3.2 of the International Build- ing Code. 4. The automatic sprinkler sys- tem shall be extended to provide protection throughout the attic space. 903.2.8.4 Care facilities. An auto- matic sprinkler system installed in ac- cordance with Subsection 903.3.1.3 shall be permitted in care facilities with five (5) or fewer individuals in a single-family dwelling. 903.2.8.5 Group R-3 Occupancy. When the occupancy has over five thousand (5,000) square feet of gross floor area. 903.2.8.6 Dwellings. When pro- posed within all residential zones, clustered or constructed so that, when attached, the total square foot gross floor area of all dwelling units exceeds five thousand (5,000) square feet. For the purpose of this subsection, portions of buildings sep- arated by one (1) or more firewalls will not be considered a separate building. 67. Subsection 903.2.9, Group S-1, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 4-5-070C 5 - 18.43 (Revised 8/16) 903.2.9 Group S-1. An automatic sprin- kler system shall be provided throughout all buildings containing a Group S-1 oc- cupancy where one (1) of the following conditions exists: 1. A Group S-1 fire area exceeds five thousand (5,000) square feet. 2. A Group S-1 fire area is located more than three (3) stories above grade plane. 3. The combined area of all Group S-1 fire areas on all floors, including any mezzanines, exceeds five thou- sand (5,000) square feet. 4. A Group S-1 fire area used for the storage of commercial motor ve- hicles where the fire area exceeds five thousand (5,000) square feet. 5. A Group S-1 occupancy used for the storage of upholstered furniture or mattresses exceeds two thousand five hundred (2,500) square feet (232 m2). 903.2.9.1 Repair garages. An automatic sprinkler system shall be provided throughout all build- ings used as repair garages in accordance with Section 406 of the International Building Code, as shown: 1. Buildings having two (2) or more stories above grade plane, including basements, with a fire area containing a repair garage exceeding five thousand (5,000) square feet. 2. Buildings no more than one (1) story above grade plane, with a fire area containing a repair ga- rage exceeding five thousand (5,000) square feet. 3. Buildings with repair ga- rages servicing vehicles in base- ments. 4. A Group S-1 fire area used for the repair of commercial mo- tor vehicles where the fire area exceeds five thousand (5,000) square feet. 903.2.9.2 Bulk storage of tires. Buildings and structures where the area for storage of tires ex- ceeds twenty thousand (20,000) cubic feet shall be equipped throughout with an automatic sprinkler system in accordance with Subsection 903.3.1.1. 68. Subsection 903.2.10, Group S-2 en- closed parking garages, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 903.2.10 Group S-2 enclosed parking garages. An automatic sprinkler system shall be provided throughout buildings classified as enclosed parking garages in accordance with Subsection 406.4 of the International Building Code as follows: 1. Where the fire area of the en- closed parking garage exceeds five thousand (5,000) square feet; or 2. Where the enclosed parking ga- rage is located beneath other groups. Exception: Enclosed parking ga- rages located beneath Group R-3 oc- cupancies. 903.2.10.1 Commercial parking ga- rages. An automatic sprinkler sys- tem shall be provided throughout buildings used for storage of com- mercial motor vehicles where the fire area exceeds five thousand (5,000) square feet. 69. Subsection 903.2.11, Specific build- ing areas and hazards, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 903.2.11 Specific building areas and hazards. In all occupancies other than Group U, an automatic sprinkler system shall be installed for building design or hazards in the locations set forth in Sub- sections 903.2.11.1 through 903.2.11.6. 4-5-070C (Revised 8/16)5 - 18.44 903.2.11.1 Stories without open- ings. An automatic sprinkler system shall be installed throughout all sto- ries, including basements, of all buildings where the floor area ex- ceeds one thousand five hundred (1,500) square feet unless there is at least one (1) of the following types of exterior wall openings: 1. Openings below grade that lead directly to ground level by an exterior stairway complying with Section 1009 or an outside ramp complying with Section 1010. Openings shall be located on the exterior wall of the story on at least one (1) side. The re- quired openings shall be distrib- uted so that the lineal distance between adjacent openings does not exceed fifty feet (50'). 2. Openings entirely above the adjoining ground level totaling at least twenty (20) square feet in each fifty (50) linear feet, or frac- tion thereof, of exterior wall in the story on at least one (1) side. The required openings shall be distributed so that the lineal dis- tance between adjacent open- ings does not exceed fifty feet (50'). The height of the bottom of the clear opening shall not ex- ceed forty-four inches (44") (1,188 mm) measured from the floor. 903.2.11.1.1 Opening dimen- sions and access. Openings shall have a minimum dimension of not less than thirty inches (30"). Such openings shall be ac- cessible to the fire department from the exterior and shall not be obstructed in a manner that fire- fighting or rescue cannot be ac- complished from the exterior. 903.2.11.1.2 Openings on one side only. Where openings in a story are provided on only one (1) side and the opposite wall of such story is more than seventy- five feet (75') from such open- ings, the story shall be equipped throughout with an approved au- tomatic sprinkler system or openings as specified above shall be provided on at least two (2) sides of the story. 903.2.11.1.3 Basements. Where any portion of a base- ment is located more than sev- enty-five feet (75') (22,860 mm) from openings required by Sub- section 903.2.11.1, or where walls, partitions or other obstruc- tions are installed that restrict the application of water from hose streams, the basement shall be equipped throughout with an ap- proved automatic sprinkler sys- tem. 903.2.11.2 Rubbish and linen chutes. An automatic sprinkler sys- tem shall be installed at the top of rubbish and linen chutes and in their terminal rooms. Chutes shall have additional sprinkler heads installed at alternate floors and at the lowest in- take. Where a rubbish chute extends through a building more than one (1) floor below the lowest intake, the ex- tension shall have sprinklers in- stalled that are recessed from the drop area of the chute and protected from freezing in accordance with Subsection 903.3.1.1. Such sprin- klers shall be installed at alternate floors beginning with the second level below the last intake and ending with the floor above the discharge. Chute sprinklers shall be accessible for servicing. 903.2.11.3 Buildings fifty-five feet (55') or more in height. An auto- matic sprinkler system shall be in- stalled throughout buildings that have one (1) or more stories with an occupant load of thirty (30) or more located fifty-five feet (55') or more above the lowest level of fire depart- ment vehicle access, measured to the finished floor. 4-5-070C 5 - 18.45 (Revised 8/16) Exceptions: 1. Open parking structures. 2. Occupancies in Group F-2. 903.2.11.4 Ducts conveying haz- ardous exhausts. Where required by the International Mechanical Code, automatic sprinklers shall be provided in ducts conveying hazard- ous exhaust, flammable or combusti- ble materials. Exception: Ducts where the largest cross-sectional diameter of the duct is less than ten inches (10"). 903.2.11.5 Commercial cooking operations. An automatic sprinkler system shall be installed in a com- mercial kitchen exhaust hood and duct system where an automatic sprinkler system is used to comply with Section 904. 903.2.11.6 Other required suppres- sion systems. In addition to the re- quirements of Subsection 903.2, the provisions indicated in Table 903.2.11.6 require the installation of a fire suppression system for certain buildings and areas. 70. Subsection 903.2.12, During con- struction, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 903.2.12 During construction. Auto- matic sprinkler systems required during construction, alteration and demolition operations shall be provided in accor- dance with Section 3313. 71. Subsection 903.2, Where required, of the International Fire Code, 2015 Edition, is hereby amended by adding new subsections, to read as follows: 903.2.13 Automatic Sprinkler Systems in New Buildings. 903.2.13.1 Buildings over five thousand (5,000) square feet. A fully automatic fire protection sprin- kler system is to be installed in all new buildings in excess of five thou- sand (5,000) square feet total gross floor area, regardless of vertical or horizontal fire barriers. Such sprin- kler system shall be designed, in- stalled and tested as per Subsection 903.3. 903.2.13.2 Buildings less than five thousand (5,000) square feet. A fully automatic fire protection sprin- kler system may be required by the Chief of the Fire Department or the Fire Code Official for buildings less than five thousand (5,000) square feet gross floor area when, in their judgment, supported by written docu- mentation from a professional orga- nization (such as NFPA, ICC, SBCC, U.L., ISO, etc.) verifies that hazard- ous operations, hazardous contents, critical exposure problems, limited accessibility to the building or other items may contribute to a definite hazard. 903.2.14 Sprinkler Systems in Remod- eled Buildings. The requirements for the installation of fire protection sprinkler sys- tems in remodeled buildings shall be as indicated in Subsections 903.2.14.1 and 903.2.14.2. 903.2.14.1 Existing sprinklered buildings. When existing buildings with full sprinkler systems are remod- eled or added onto, the remodeled or added on portion shall be fully sprin- klered. 903.2.14.2 Existing non-sprin- klered buildings. When an existing building is added onto or remodeled and the resulting total square foot gross floor area exceeds five thou- sand (5,000) square feet, then the entire structure shall be fully sprin- klered. All existing non-sprinklered buildings currently exceeding five thousand (5,000) square feet where a remodel, alteration or repair ex- ceeds fifty percent (50%) of the build- ing valuation within a three (3) year period shall have a sprinkler system installed throughout. Valuation shall 4-5-070C (Revised 8/16)5 - 18.46 be determined from the King County Assessor records at the time of the first application for a permit. 72. Subsection 903.3.1.2, NFPA 13R sprinkler systems, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 903.3.1.2 NFPA 13R sprinkler systems. Automatic sprinkler systems in Group R occupancies up to and including four (4) stories in height shall be permitted to be installed throughout in accordance with NFPA 13R. NFPA 13R systems shall be limited to buildings with a maximum gross floor area of twelve thousand (12,000) square feet. 73. Subsection 903.4.2, Alarms, of the In- ternational Fire Code, 2015 Edition, is hereby amended to read as follows: 903.4.2 Alarms. Approved audible and visible alarm notification appliances shall be connected to every automatic sprin- kler system in accordance with Section 907 and throughout areas designated by the Fire Code Official. Sprinkler water- flow alarm devices shall be activated by water flow equivalent to the flow of a sin- gle sprinkler of the smallest orifice size installed in the system. Alarm devices shall be provided on the exterior of the building in an approved location. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actu- ate the building fire alarm system. Exceptions: 1. With approval of the Fire Code Official, visible alarm notification ap- pliances may be omitted for ap- proved residential sprinkler systems in single-family or duplex dwelling units if not otherwise specifically re- quired. Audible alarm notification shall be provided and accomplished by connecting the waterflow alarm initiating device to the multiple-sta- tion alarms, household fire alarm system or other approved methods. 2. Alarms are not required for ap- proved domestically supplied local systems with ten (10) heads or less per building. 74. Subsection 903.4.3, Floor Control Valves, of the International Fire Code, 2015 Edition, is hereby amended to read as fol- lows: 903.4.3 Floor Control Valves. Approved supervised indicating control valves shall be provided at the point of connection to the riser on each floor. Exception: When approved by the Fire Code Official in NFPA 13D and NFPA 13R Systems. 75. Section 903, Automatic Sprinkler Systems, of the International Fire Code, 2015 Edition, is hereby amended by adding a new subsection, to read as follows: 903.7 Riser Room Access. All NFPA 13, 13R and any 13D systems serving five (5) or more dwelling units, sprinkler sys- tem risers shall be located in a dedicated room with an exterior door, lighting and heat. Exception: 13D single and two- family residences or townhome sprinkler systems with four (4) units or less. 76. Subsection 904.12, Commercial cooking systems, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 904.12 Commercial cooking systems. The automatic fire-extinguishing system for commercial cooking systems shall be of a type recognized for protection of commercial cooking equipment and ex- haust systems of the type and arrange- ment protected. Pre-engineered automatic dry- and wet-chemical extin- guishing systems shall be tested in ac- cordance with UL 300 and listed and labeled for the intended application. Ex- isting suppression systems not in compli- ance shall be replaced with a conforming system whenever any of the following oc- curs: • Any modifications are made to the structure of the kitchen hood. 4-5-070C 5 - 18.47 (Revised 8/16) • Re-arrangement of appliances under the hood requires change in nozzle placement. • Any additional cooking appliances are added to the cook line. • The system can no longer be ser- viced due to the lack of available manufacturer’s listed parts. • Lard or animal fats are replaced with one (1) or more cooking medium that operates at higher temperatures than the suppression system was de- signed and tested for in the UL list- ing. If the manufacturer’s original listing was conducted using animal fats, the busi- ness owner shall provide a letter to the Renton Fire Department certifying that the cooking system will only be used with animal fats. A sign with three inches (3") high letters stating “Animal Fat Oils Only” shall be installed on the front of the hood. Existing wet-chemical systems that are not in compliance with current UL 300 Standards shall be updated. Wet-chemi- cal systems that were located within the City on August 25, 2008, were required to be updated to UL 300 Standards by no later than August 25, 2010. All existing wet-chemical systems that were legally installed prior to annexation into City boundaries are required to be updated within two (2) years from the effective date of the annexation that brought the systems within the boundaries of the City. Other types of automatic fire-extinguish- ing systems shall be listed and labeled for specific use as protection for commer- cial cooking operations. The system shall be installed in accordance with this code, its listing and the manufacturer’s installa- tion instructions. Automatic fire-extin- guishing systems of the following types shall be installed in accordance with the referenced standard indicated, as fol- lows: 1. Carbon dioxide extinguishing systems, NFPA 12. 2. Automatic sprinkler systems, NFPA 13. 3. Foam-water sprinkler system or foam-water spray systems, NFPA 16. 4. Dry-chemical extinguishing sys- tems, NFPA 17. 5. Wet-chemical extinguishing sys- tems, NFPA 17A. 77. Subsection 905.3.1, Height, of the In- ternational Fire Code, 2015 Edition, is hereby amended to read as follows: 905.3.1 Height. Class III standpipe sys- tems shall be installed throughout build- ings where the floor level of the highest story is located more than twenty feet (20') above the lowest level of the Fire Department vehicle access, or where the floor level of the lowest story is located more than twenty feet (20') below the highest level of Fire Department vehicle access. Exceptions: 1. Class I standpipes are allowed in buildings equipped throughout with an automatic sprinkler system in ac- cordance with Subsection 903.3.1.1 or 903.3.1.2. 2. Class I manual standpipes are allowed in open parking garages where the highest floor is located not more than one hundred fifty feet (150') above the lowest level of Fire Department vehicle access. 3. Class I manual dry standpipes are allowed in open parking garages that are subject to freezing tempera- tures, provided that the hose connec- tions are located as required for Class II standpipes in accordance with Subsection 905.5. 4. Class I standpipes are allowed in basements equipped throughout with an automatic sprinkler system. 5. Group R-3 does not require standpipes. 4-5-070C (Revised 8/16)5 - 18.48 78. Subsection 905.3, Required installa- tions, of the International Fire Code, 2015 Edition, is hereby amended by adding a new subsection, to read as follows: 905.3.9 High-Rise Building Stand- pipes. Standpipe risers shall be combi- nation standpipe/sprinkler risers using a minimum pipe size of six inches (6") di- ameter. Two (2) two and one-half inches (2-1/2") hose connections shall be pro- vided on every intermediate floor level landing in every required stairway unless otherwise approved by the Fire Code Of- ficial. Where pressure reduction valves (PRV) are required, each hose connec- tion shall be provided with its own PRV. The system shall be designed to provide a minimum flow of three hundred (300) gpm at a minimum pressure of one hun- dred fifty (150) psi (maximum two hun- dred (200) psi) at each standpipe connection, in addition to the flow and pressure requirements contained in NFPA 14. 79. Subsection 905.8, Dry standpipes, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 905.8 Dry standpipes. Dry standpipes, when approved by the Fire Code Official, are acceptable in other than high-rise buildings. 80. Subsection 907.1.3, Equipment, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 907.1.3 Equipment. Systems and their components shall be listed and approved for the purpose for which they are in- stalled. All new alarm systems shall be addressable. Each device shall have its own address and shall annunciate indi- vidual addresses at a UL Central Station. Exception: Systems that have not more than twelve (12) zones and not more than five (5) devices on each zone. 81. Subsection 907.2.2, Group B, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 907.2.2 Group B. A manual fire alarm system shall be installed in the following Group B Occupancies: 1. Those having an occupant load of five hundred (500) or more per- sons or more than one hundred (100) persons above or below the lowest level of exit discharge. 2. Those that are two (2) or more stories in height or three thousand (3,000) square feet or more in area. 3. The fire area contains an ambu- latory care facility. Exception: Deleted. 82. Subsection 907.2.3, Group E, of the International Fire Code, 2015 Edition, is hereby amended by deleting Exception Num- ber 3. 83. Subsection 907.2.4, Group F, of the International Fire Code, 2015 Edition, is hereby amended by deleting the exception. 84. Subsection 907.2.7, Group M, of the International Fire Code, 2015 Edition, is hereby amended by deleting Exceptions Number 1 and 2. 85. Subsection 907.2.8.1, Manual Fire Alarm System, of the International Fire Code, 2015 Edition, is hereby amended by deleting Exceptions 1 and 2. 86. Subsection 907.2.9, Group R-2, of the International Fire Code, 2015 Edition, is hereby amended by deleting Exceptions 1, 2, and 3. 87. Subsection 907.2.9, Group R-2, of the International Fire Code, 2015 Edition, is hereby amended by adding a new subsec- tion, to read as follows: 907.2.9.4 Multi-family complexes. Multi-family complexes with three (3) or more separate buildings within the com- plex, including recreation and/or day- care buildings, shall be provided with ap- proved fire alarm systems regardless of size. The buildings within the complex 4-5-070C 5 - 18.49 (Revised 8/16) shall have each building monitored by an approved central station. 88. Subsection 907.2, Where required – New buildings and structures, of the Inter- national Fire Code, 2015 Edition, is hereby amended by adding a new subsection, to read as follows: 907.2.24 Structures in excess of three thousand (3,000) Square Feet. An ap- proved total coverage addressable man- ual and automatic fire alarm system shall be provided in accordance with NFPA Standard 72 in all structures in excess of three thousand (3,000) square feet of to- tal floor area. Exception: For the purpose of Section 907, fire walls constructed in accordance with Chapter 7 of the IBC, in Group R-3 and U occupancies, shall not define separate buildings. 89. Subsection 907.8.5, Maintenance, in- spection and testing, of the International Fire Code, 2015 Edition, is hereby amended by adding a new subsection, to read as fol- lows: 907.8.5.1 Nonconforming alarm sys- tems. In the event that an alarm system does not meet these requirements, it shall be a further requirement of this chapter that modifications necessary to meet these minimum levels are made to the alarm system and subsequent testing is conducted prior to any occupancy be- ing granted. 90. Subsection 914.3, High-rise build- ings, of the International Fire Code, 2015 Edition, is hereby amended to read as fol- lows: 914.3 High-rise buildings. High-rise buildings shall comply with Subsections 914.3.1 through 914.3.8. 91. Subsection 914.3, High-rise build- ings, of the International Fire Code, 2015 Edition, is hereby amended by adding new subsections, to read as follows: 914.3.7 Air replenishment systems. All high-rise buildings shall be equipped with an approved rescue air replenishment system. The system shall provide an ad- equate pressurized fresh air supply through a permanent piping system for the replenishment of portable life sustain- ing air equipment carried by Fire Depart- ment, rescue and other personnel in the performance of their duties. Location of access stations, as well as installation and maintenance of the air replenish- ment systems, shall meet the require- ments as determined by the Fire Code Official. A specifications document for the construction of air replenishing systems that conforms to the breathing equipment used by the Fire Department will be made available by the Fire Code Official. 914.3.8 Fire equipment. A cabinet or other enclosed facility shall be provided in every stairwell, smoke tower or such similar structure on designated floors, commencing with the third floor, seventh floor and every fourth floor above the seventh floor for the storage of fire hose and related equipment. Facilities, cabi- nets, devices, hoses and related equip- ment shall be furnished by the building owner. All such equipment and the spe- cific location thereof shall be subject to the approval of the Fire Code Official. These rooms will be inspected annually by the Fire Department and equipment replaced by the building owner or his/her representative at the appropriate service life. 92. Subsection 1103.7.6, Group R-2, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 1103.7.6 Group R-2. A manual and auto- matic fire alarm system that activates the occupant notification system in accor- dance with Subsection 907.6 shall be in- stalled in existing Group R-2 occupancies more than three stories in height or with more than sixteen (16) dwelling or sleeping units. Exceptions: 1. Where each living unit is sepa- rated from other contiguous living 4-5-070C (Revised 8/16)5 - 18.50 units by fire barriers having a fire-re- sistance rating of not less than three quarters (0.75) of an hour, and where each living unit has either its own in- dependent exit or its own indepen- dent stairway or ramp discharging at grade. 2. A separate fire alarm system is not required in buildings that are equipped throughout with an ap- proved supervised automatic sprin- kler system installed in accordance with Subsection 903.3.1.1 or 903.3.1.2 and having a local alarm to notify all occupants. 3. A fire alarm system is not re- quired in buildings that do not have interior corridors serving dwelling units and are protected by an ap- proved automatic sprinkler system installed in accordance with Subsec- tion 903.3.1.1 or 903.3.1.2, provided that dwelling units either have a means of egress door opening di- rectly to an exterior exit access that leads directly to the exits or are served by open-ended corridors de- signed in accordance with Subsec- tion 1027.6, Exception 3. 4. A fire alarm system is not re- quired in buildings that do not have interior corridors serving dwelling units, do not exceed three (3) stories in height and comply with both of the following: 4.1 Each dwelling unit is sepa- rated from other contiguous dwelling units by fire barriers having a fire-resistance rating of not less than three-quarters (3/4) of an hour. 4.2 Each dwelling unit is pro- vided with hardwired, intercon- nected smoke alarms as required for new construction in Subsection 907.2.11. 93. Section 3317, Safeguarding roofing operations, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 3317.1 General. Roofing operations uti- lizing heat-producing systems or other ig- nition sources shall be conducted in accordance with Subsections 3317.2 through 3317.4 and Chapter 35. 3317.2 Asphalt and tar kettles. Asphalt and tar kettles shall be operated in accor- dance with Section 303. 3317.3 Fire extinguishers for roofing operations. Fire extinguishers shall comply with Section 906. There shall be not less than one (1) multipurpose porta- ble fire extinguisher with a minimum 3-A 40B:C rating on the roof being covered or repaired. 3317.4 Fire Safety. The roofing contrac- tor shall notify the Fire Department be- fore leaving the site of torch-applied roofing system and report each day’s completion and the presence of any hot spots or fires that were suppressed during the roofing process. 94. Subsection 5001.5, Permits, of the In- ternational Fire Code, 2015 Edition, is hereby amended to read as follows: 5001.5 Permits. Permits shall be re- quired as set forth in Subsections 105.6 and 105.7. When required by the Fire Code Official, permittees shall apply for approval to per- manently close a storage, use, or han- dling facility. Such application shall be submitted at least thirty (30) days prior to the termination of the storage, use, or handling of hazardous materials. The Fire Code Official is authorized to require that the application be accompanied by an approved facility closure plan in accor- dance with Subsection 5001.6.3. All new installations and/or modifications or additions to existing systems shall re- quire plan review and permit fees as stip- ulated in the City of Renton Fee Schedule Brochure. 95. Subsection 5003.2.6, Maintenance, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 4-5-070C 5 - 18.51 (Revised 8/16) 5003.2.6 Maintenance. In addition to the requirements of Subsection 5003.2.3, equipment, machinery, and required de- tection and alarm systems associated with hazardous materials shall be main- tained in an operable condition. Defective containers, cylinders and tanks shall be removed from service, repaired or dis- posed of in an approved manner. Defec- tive equipment or machinery shall be removed from service and repaired or re- placed. Required detection and alarm systems shall be replaced or repaired where defective. All monitoring systems used in connection with hazardous mate- rials shall be certified at least annually by a qualified agency. Documentation of the system certification shall be forwarded to the Fire Department indicating the sys- tem has been tested and functions as re- quired. 96. Subsection 5003.9, General Safety Precautions, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 2703.9 General Safety Precautions. General precautions for the safe storage, handling or care of hazardous materials shall be in accordance with Subsections 5003.9.1 through 5003.9.11. 97. Subsection 5003.9, General Safety Precautions, of the International Fire Code, 2015 Edition, is hereby amended to add a new subsection, to read as follows: 5003.9.11 Manufacturer’s limitations. The storage and use of hazardous mate- rials shall not exceed the manufacturer’s limitations on shelf life and any other re- strictions on use. 98. Subsection 5303.5.3, Securing Com- pressed Gas Containers, Cylinders and Tanks, of the International Fire Code, 2015 Edition, is hereby amended to read as fol- lows: 5303.5.3 Securing compressed gas containers, cylinders and tanks. Com- pressed gas containers, cylinders and tanks shall be secured to prevent falling caused by contact, vibration or seismic activity. Securing of compressed gas containers, cylinders and tanks shall be by one (1) of the following methods: 1. Securing containers, cylinders and tanks to a fixed object with one (1) or more restraints. Restraints shall be con- structed of approved materials such as metal chains, metal cables or other mate- rials as approved by the Fire Code Offi- cial. 2. Securing containers, cylinders and tanks on a cart or other mobile device de- signed for the movement of compressed gas containers, cylinders or tanks. 3. Nesting of compressed gas contain- ers, cylinders and tanks at container fill- ing or servicing facilities or in seller’s warehouses not accessible to the public. Nesting shall be allowed provided the nested containers, cylinders or tanks, if dislodged, do not obstruct the required means of egress. 4. Securing of compressed gas con- tainers, cylinders and tanks to or within a rack, framework, cabinet or similar as- sembly designed for such use. Exception: Compressed gas containers, cylinders and tanks in the process of ex- amination, filling, transport or servicing. 99. Subsection 5601.1, Scope, of the In- ternational Fire Code, 2015 Edition, is hereby amended to read as follows: 5601.1 Scope. The provisions of this chapter shall govern the possession, manufacture, storage, handling, sale and use of explosives, explosive materials, fireworks and small arms ammunition. The indoor use of pyrotechnics in the per- forming arts in conjunction with theatrical, musical, or similar productions before a proximate audience, performers, or sup- port personnel as allowed by WAC 212- 17-350, is hereby prohibited. Exceptions: 1. The Armed Forces of the United States, Coast Guard or National Guard. 4-5-070C (Revised 8/16)5 - 18.52 2. Explosives in forms prescribed by the official United States Pharma- copoeia. 3. The possession, storage and use of small arms ammunition when packaged in accordance with DOTn packaging requirements. 4. The possession, storage and use of not more than one (1) pound (0.454 kg) of commercially manufac- tured sporting black powder, twenty (20) pounds (9 kg) of smokeless powder and ten thousand (10,000) small arms primers for hand loading of small arms ammunition for per- sonal consumption. 5. The use of explosive materials by federal, state and local regulatory, law enforcement and fire agencies acting in their official capacities. 6. Special industrial explosive de- vices which in the aggregate contain less than fifty (50) pounds (23 kg) of explosive materials. 7. The possession, storage and use of blank industrial-power load cartridges when packaged in accor- dance with DOTn packaging regula- tions. 8. Transportation in accordance with DOTn 49 CFR Parts 100–185. 9. Items preempted by federal reg- ulations. 100. Subsection 5601.1.3, Fireworks, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 5601.1.3 Fireworks. The possession, sale, and discharge of all fireworks are prohibited in the City of Renton, as of May 21, 2005. Exceptions: Possession, storage, and discharge of fireworks may be authorized by the Fire Code Official or City Council for special events or public displays pur- suant to an operational fire code per- mit or other applicable permit issued in compliance with the Renton Mu- nicipal Code and other applicable laws, including but not limited to Part VI and Part VII of Chapter 212-17, as now or hereafter amended. 101. Subsection 5601.2.4.2, Fireworks display, of the International Fire Code, 2015 Edition, is hereby amended by changing the title to “Public Display; Insurance Required,” and to read as follows: 5601.2.4.2 Public Display; Insurance Required. Any applicant shall, at the time of issuance of such license, submit to the City proper evidence of public lia- bility and property damage insurance and such applicant shall maintain the insur- ance in a company or companies ap- proved by the City with amounts as follows: One million dollars ($1,000,000.00) or more for injuries to any one (1) person in one (1) accident or occurrence; two million dollars ($2,000,000.00) or more for injuries to two (2) or more persons in any one (1) accident or occurrence; one million dol- lars ($1,000,000.00) for damage to prop- erty in any one (1) accident or occurrence. Such insurance shall name the City as an additional insured and shall not be cancelable except by a forty- five (45) day pre-cancellation notice in writing to the City. Further, the insurance required herein shall be primary insur- ance as respects the City. Any insurance, self-insurance, or insurance pool cover- age maintained by the City shall be in ex- cess of the insurance required herein and shall not contribute with it. 102. Subsection 5601.2.4.2, Fireworks display, of the International Fire Code, 2015 Edition, is hereby amended by adding a new subsection, to read as follows: 5601.2.4.2.1 Pyrotechnic Operator Re- quired. Every City-authorized display of fireworks shall be handled and super- vised by a state licensed pyrotechnic op- erator. 103. Subsection 5601.7, Seizure, of the International Fire Code, 2015 Edition, is 4-5-070C 5 - 18.53 (Revised 8/16) hereby amended by adding new subsections, changing the title to “Seizure/Penalty,” and to read as follows: 5601.7 Seizure/Penalty. The City of Renton may employ either, or both, of the following processes. 5601.7.1 Seizure. The Fire Code Of- ficial is authorized to remove or cause to be removed or disposed of in an approved manner, at the ex- pense of the owner, explosives, ex- plosive materials or fireworks offered or exposed for sale, stored, pos- sessed or used in violation of this chapter. 5601.7.2 Penalty. Any violation of this section related to fireworks clas- sified as “consumer” by RCW 70.77.136, as now or hereinafter amended, shall be punishable as a class 1 civil infraction under RCW 7.80.120. Possession, sale or dis- charge of fireworks not classified as “consumer” shall be subject to such fines and penalties as set forth in RCW 70.77.488, 70.77.540, and Chapter 212-17 WAC. 104. Subsection 5704.2.11, Underground Tanks, of the International Fire Code, 2015 Edition, is hereby amended to read as fol- lows: 5704.2.11 Underground Tanks. Under- ground storage of flammable and com- bustible liquids in tanks shall comply with Subsection 5704.2 and Subsections 5704.2.11.1 through 5704.2.11.5.3. Cor- rosion protection shall comply with WAC 173-360-305. All new underground storage tanks shall conform to the standards as defined in RMC 4-5-120, Underground Storage Tank Secondary Containment Regula- tions. All provisions of RMC 4-5-120 shall apply to the installation, use, mainte- nance, and abandonment of under- ground storage tanks. All unauthorized releases from underground storage tanks shall be reported in conformance with RMC 4-5-120.K, Release Reporting Re- quirements. Leaking tanks shall be promptly emptied and removed from the ground and abandoned in accordance with Subsection 5704.2.14. All new above-ground and underground tank in- stallations and modifications or additions to existing systems shall be subject to plan review and installation fees as de- scribed in the City of Renton Fee Sched- ule Brochure. 105. Subsection 5704.2.11.5, Leak pre- vention, of the International Fire Code, 2015 Edition, is hereby amended by adding a new subsection, to read as follows: 5704.2.11.5.3 Leak Detection System Maintenance and Certification. Leak detection devices and monitoring sys- tems installed in accordance with this subsection shall be inspected and tested at least annually by a qualified third party, and the test results maintained on site for at least one (1) year. 106. Appendix B104.2, Area separation, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: Appendix B104.2 Area separation. Portions of buildings, which are sepa- rated by one (1) or more four (4) hour fire- walls constructed in accordance with the International Building Code, without openings, and provided with a thirty-inch (30") parapet, are allowed to be consid- ered as separate fire areas. (Ord. 4547, 7-24-1995; Amd. Ord. 4769, 3-8-1999; Ord. 5086, 6-21-2004; Ord. 5404, 7-21-2008; Ord. 5556, 10-11-2010; Ord. 5712, 4-14-2014) 107. Appendix B105, Fire-Flow Require- ments For Buildings, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: SECTION B105 FIRE-FLOW REQUIREMENTS FOR BUILDINGS B105.1 One- and two-family dwellings. The minimum fire-flow and flow duration requirements for one (1)- and two (2)- family dwellings having a fire-flow calcu- lation area that does not exceed three 4-5-070D (Revised 8/16)5 - 18.54 thousand six hundred (3,600) square feet (344.5 m2) shall be one thousand (1,000) gallons per minute (3785.4 L/min) for one (1) hour. Fire-flow and flow duration for dwellings having a fire-flow calculation area in excess of three thousand six hun- dred (3,600) square feet (344.5m2) shall not be less than that specified in Table B105.1(2). Exception: A reduction in required fire- flow of fifty percent (50%), as approved, is allowed when the building is equipped with an approved automatic sprinkler system. B105.2 Buildings other than one (1)- and two (2)-family dwellings. The mini- mum fire-flow and flow duration for build- ings other than one (1)- and two (2)- family dwellings shall be as specified in Table B105.1(2). Exception: A reduction in required fire- flow of up to seventy-five percent (75%), as approved, is allowed when the build- ing is provided with an approved auto- matic sprinkler system installed in accordance with Subsections 903.3.1.1 or 903.3.1.2. The resulting fire-flow shall not be less than one thousand five hun- dred (1,500) gallons per minute (5678 L/ min) for the prescribed duration as spec- ified in Table B105.1(2). D. FIRE HYDRANTS: 1. Required for Construction: All build- ings constructed within the City of Renton shall be served by fire hydrants installed in accordance with the requirements of this Section. (Ord. 4007, 7-14-1986) a. Plans Required Prior to Permit: No building permit shall be issued until plans required under this Chapter have been submitted and approved in accordance with the provisions contained in this Chapter. b. Installation Timing: No construc- tion beyond the foundation shall be al- lowed until hydrants and mains are in place, unless approved by the appropri- ate City authority, following appropriate application and a finding that there is no life or safety threat involved. c. Upgrade of Existing Hydrants Re- quired: In addition, presently existing fire hydrants which do not conform with the requirements and standards of this Sec- tion when replaced shall be replaced with hydrants which do conform to the stan- dards and requirements of this Section. (Ord. 4007, 7-14-1985) 2. Fire Hydrant Requirements in Com- mercial, Business, Industrial and Manu- facturing Areas: a. Installation Required: The owner of any building hereafter constructed or used in the City which building or struc- ture is not located or accessible within one hundred fifty feet (150') of any fire hy- drant and such building or structure being located or situated in any area zoned and to be used, or actually used, for any com- mercial, business, industrial or manufac- turing purpose shall, at his or her expense, install or cause to have in- stalled fire hydrant or hydrants together with the necessary pipes, appurtenances and connections in order to connect and hook on said hydrant or hydrants to the City’s existing water supply. It shall be a criminal misdemeanor for any person to own, occupy or use any building or struc- ture as defined in RMC 8-4-24B, C and D, unless such building or structure is lo- cated within one hundred fifty feet (150') of any fire hydrant. (Amd. Ord. 4769, 3-8-1999) b. Number and Location of Hy- drants: The number and location of such hydrants shall be in accordance with good fire engineering practice and stan- dards, the size, location, and construc- tion to comply with the rules and regulations in Appendix J of the 2012 Water System Plan Update, adopted by City of Renton Resolution No. 4154 on August 13, 2012, as now or hereinafter amended, and all of such installations to be duly approved by the Fire Department prior to its acceptance thereof by the City. c. Applicability to Annexed Proper- ties: The aforesaid requirements shall 4-5-070D 5 - 18.55 (Revised 8/16) likewise apply to any such building or structure as hereinabove defined which is hereafter annexed to the City. (Ord. 2434, 9-23-1968) 3. Fire Hydrants in Other Areas: The owner or party in control of any building here- after constructed in or annexed to the City and which said structure or building is used for school, church, rest home, hospital or mul- tiple residential apartments (four (4) individ- ual apartment units or more) or any other place of public assembly, and wheresoever located, shall at his expense install or cause to be installed fire hydrant or hydrants unless adequate and sufficient hydrants are located or accessible within one hundred fifty feet (150') of any such building or structure. The number, location, size and type of such hy- drant or hydrants to be installed shall be as specified in RMC 8-4-24B, further reference hereby had thereto, and all of such installa- tion to be approved by the Fire Department. (Amd. Ord. 4769, 3-8-1999) 4. Fire Hydrants; Special Locations: In addition to the foregoing requirements, addi- tional hydrant or hydrants may be required or separately required in areas which are being utilized for open storage of flammable prod- ucts, including flammable liquids, or other ar- eas of special fire hazards with spacing and floor requirements based on the fire protec- tion required in each instance; the number, size, type and location of hydrants for the aforesaid purpose shall be as specified in subsection D2 of this Section and all of such installations to be subject to the approval of the Fire Department. 5. Multiple Uses – Contract: In the event that the installation of any such fire hydrant or hydrants as above set forth, and the connect- ing system pertaining thereto, should benefit two (2) or more properties then the owners of such benefited properties shall share the cost of such installation in the proportion of the benefits so derived. Whenever an owner is required to install such fire hydrant or fire hy- drants under the provision of this Section and which installation will benefit outer properties not owned or controlled by such owner, then in any such case such owner may apply to the City for an agreement under the provi- sions of the Municipal Water and Sewer Fa- cilities Act known as chapter 35.91 RCW and any such agreement between such owner and the City shall run for a period not to ex- ceed five (5) years and thus permit such owner to recover a portion of the cost of such initial installation from other parties in the event of any such future hookup or connec- tion. Such contract shall further provide that the owner of any building or structure subse- quently erected shall not be permitted, during the term of the aforesaid contract, to make any hookup or connection to the City’s water system or to any such hydrant until such owner has paid his proportionate fair share of the initial cost of such installation as set forth in said contract. Any such agreement entered into between such owner causing such instal- lation and the City shall be filed for record with the King County Recorder’s office and thereupon such filing shall constitute due no- tice of the terms and requirements therein specified to all other parties. The City further reserves the right, upon approval of the City Council, to participate in the installation of any oversized water line extensions or addi- tional or extra improvements relative to such installations. (Ord. 2434, 9-23-1968) 6. Fire-Flow Requirements: a. Basis for and Computation of Fire- Flow Requirement: The fire-flow re- quirement applied by the Fire Marshal under the provisions of this section shall be based upon criteria established in Ap- pendix B of the International Fire Code as amended, added to or adopted herein. Appendix B of the International Fire Code is hereby adopted by reference. One copy of that document shall be filed in the City Clerk’s office and be available for use and examination by the public. (Ord. 4327, 8-26-1991; Ord. 5712, 4-14-2014) b. Unknown Fire-Flow: Where the ex- isting fire-flow is not known or cannot be easily determined, it shall be required of the developer to compute the available fire-flow using standards and criteria set forth in Appendix J of the 2012 Water System Plan Update, adopted by City of Renton Resolution No. 4154 on August 13, 2012, as now or hereinafter amended. (Ord. 4007, 7-14-1986) 7. Residential Sprinkling Permitted: When the fire-flow is less than one thousand 4-5-070D (Revised 8/16)5 - 18.56 (1,000) gallons per minute but greater than five hundred (500) gallons per minute, then residential structures shall be permitted to be served by sprinklers unless the Fire Chief has made a written finding that the public safety, health or welfare will be threatened, stating the factors upon which such finding is based, in which case residential structures shall not be permitted to be constructed at such loca- tion. (Ord. 4327, 8-26-1991) 8. Number of Hydrants Required: The number of fire hydrants that shall be required for the new construction or a defined risk shall be based on the amount of fire-flow that is re- quired to protect said risk. The requirement shall be one hydrant per one thousand (1,000) g.p.m. fire-flow. (Ord. 4007, 7-14-1986) 9. Location of Hydrants: These fire hy- drants shall be located no closer than fifty feet (50') from the structure and no greater than three hundred feet (300'). The primary hy- drant shall be not further than one hundred fifty feet (150') from the structure. (Ord. 4007, 7-14-1986) 10. Hydrant Accessibility: Hydrants shall not be obstructed by any structure or vegeta- tion, or have the hydrant visibility impaired within a distance of one hundred fifty feet (150') in any direction of vehicular approach to the hydrant. All hydrants are to be accessi- ble to Fire Department pumpers over roads capable of supporting such fire apparatus. (Ord. 3541, 5-4-1981; Amd. Ord. 4007, 7-14-1986) The Fire Marshal shall have discretion to de- termine the location of the hydrants based upon a review of the location of the existing utilities, topography and the characteristics of the building or structure; minor deviations may be granted by Fire Department approval of written requests. (Ord. 4007, 7-14-1986) 11. Design and Installation Require- ments: The installation of all fire hydrants shall be in accordance with sound engineer- ing practices. In addition, the following re- quirements shall apply to all building construction projects: a. Two (2) copies of detailed plans or drawings, accurately indicating the loca- tion of all valves and fire hydrants to be installed shall be submitted to the Fire Marshal prior to the commencement of any construction. b. All fire hydrants must be approved by the City of Renton, Public Works Depart- ment. c. All construction of the fire hydrant in- stallation and its attendant water system connection shall conform to the design standards and specifications of the City of Renton. d. Fire hydrant installation shall be ade- quately protected against vehicular dam- age in accordance with RMC 4-6-010A. e. An auxiliary gate valve shall be in- stalled at the main line tee to permit the repair and replacement of the hydrant without disruption of water service. f. All hydrants shall stand plumb, ±3°, to be set to the finished grade with the bot- tom flange two inches (2") above ground or curb grade and have no less than thirty six inches (36") in diameter of clear area about the hydrant for the clearance of hy- drant wrenches on both outlets and on the control valve. g. The port shall face the most likely route of approach and location of the fire truck while pumping; distance from pumper port to street curb shall be no fur- ther than twelve feet (12'), all as deter- mined by the Fire Marshal. h. The lead from the service main to the hydrant shall be no less than six inches (6") in diameter. Any hydrant leads over fifty feet (50') in length from water main in hydrant shall be no less than eight inches (8") in diameter. i. All hydrants newly installed in single family residential areas shall be supplied by not less than six inch (6") mains, and shall be capable of delivering one thou- sand (1,000) g.p.m. fire-flow over and above average maximum demands at the farthest point of the installation. Hy- drant leads up to fifty feet (50') long may be six inches (6") in diameter. 4-5-070D 5 - 18.57 (Revised 8/16) j. All hydrants shall conform to the latest revised City of Renton Standard Detail and Specifications. (Amd. Ord. 4769, 3-8-1999) k. All pipe shall meet City of Renton standards pursuant to RMC 4-6-010A. l. The maximum distance between fire hydrants in single-family use district zones shall be six hundred feet (600'). m. The maximum distance between fire hydrants in commercial, industrial and apartment (including duplex) use district zones shall be three hundred feet (300'). n. Lateral spacing of fire hydrants shall be predicated on hydrants being located at street intersections. o. The appropriate water authority and Fire Department shall be notified in writ- ing of the date the fire hydrant installation and its attendant water connection sys- tem will be available for use. p. The Fire Marshal shall be notified when all newly installed hydrants or mains are placed in service. q. Where fire hydrants are not in ser- vice, they shall be identified as being out of service by a method approved by the Fire Marshal. (Ord. 3541, 5-4-1981) 12. Special Requirements for Buildings More Than Two Hundred Feet (200') from a Street Property Line: The requirements of this Section apply to all building construction projects in which buildings are located or are to be located such that any portion is more than two hundred feet (200') in vehicular travel from a street property line, except de- tached single-family dwellings: a. Buildings that have required fire- flows of less than two thousand five hun- dred (2,500) g.p.m. may have fire hy- drants on one side of the building only. b. When the required fire-flow is over two thousand five hundred (2,500) g.p.m., the fire hydrants shall be served by a main which loops around the build- ing or complex of buildings and recon- nects back into a distribution supply main. c. The number of fire hydrants that shall be required for the new construction or a defined risk shall be based on the amount of fire-flow that is required to pro- tect said risk. The requirement shall be one hydrant per one thousand (1,000) g.p.m. fire-flow. These fire hydrants shall be located no closer than fifty feet (50') from the structure and no greater than three hundred feet (300'). All hydrants are to be accessible to Fire Department pumpers over roads capable of support- ing such fire apparatus. The Fire Marshal shall determine the location of the hy- drants based upon a determination of utility, topography and building or struc- ture; minor deviations may be granted by Fire Department approval of written re- quests. (Ord. 3541, 5-4-1981; Amd. Ord. 4769, 3-8-1999) 13. Water System Requirements for Hy- drants: All fire hydrants shall be served by a municipal or quasi-municipal water system, or as otherwise approved by the Fire Mar- shal. (Ord. 4007, 7-14-1986) 14. Service and Testing of Hydrants: All hydrants shall be subject to testing, inspec- tion and approval by the Fire Department. (Ord. 4007, 7-14-1986) 15. Prohibited Hydrants: The installation of flush type hydrants is prohibited unless ap- proved by the Fire Marshal and such ap- proval shall be given only when permitted fire hydrants would be dangerous or impractical. The showing of such danger or impracticabil- ity shall be the burden of the builder. (Ord. 3541, 5-4-1981) 16. Dead End Mains Prohibited: Provi- sions shall be made wherever appropriate in any project for looping all dead end or tempo- rarily dead end mains. A minimum fifteen foot (15') easement shall be required. Construc- tion plans must be approved by the Public Works Department as per this Section and other applicable City regulations prior to com- mencement of construction. (Ord. 3541, 5-4-1981) 4-5-080 (Revised 8/16)5 - 18.58 17. Meter or Detection Required for Pri- vate Water or Fire Service: Services for fire protection must be metered or detector checkered at the expense of the owner and fitted with such fixtures only as are needed for fire protection and must be entirely discon- nected from those used for other purposes. (Ord. 4441, 2-28-1994) 18. Use for Other Than Fire Protection Prohibited: In no case will any tap be made upon any pipe used for fire service purposes or any tank connected therewith, nor shall the use of any water be permitted through any fire service nor through any pipes, tanks or other fixtures therewith connected for any purposes except the extinguishing of fire on such premises or testing flows for fire control purposes. (Ord. 4441, 2-28-1994) 19. Changes Requiring Increased Fire Protection: Whenever any change in the use, occupancy or construction of any prem- ises or purposes as hereinabove defined re- quire any increased fire and hydrant protection, the owner, owners or person in charge of such premises shall proceed promptly toward securing adequate protec- tion and all such installation or changes to be completed providing for such increased fire protection, prior to the use or occupancy of such facilities. 20. Violation of This Section and Penal- ties: Unless otherwise specified, violations of this Section are misdemeanors subject to RMC 1-3-1. Each day upon which a violation occurs or continues constitutes a separate of- fense. (Ord. 3541, 5-4-1981; Ord. 5159, 10-17-2005; Ord. 5806, 6-20-2016) 4-5-080 (Deleted by Ord. 5549, 8-9-2010 and Ord. 5555, 10-11-2010) 4-5-090 INTERNATIONAL MECHANICAL CODE ADOPTED: A. ADOPTION BY REFERENCE: The 2015 Edition of the International Mechanical Code (IMC), as adopted and amended by the State Building Code Council in chapter 51-52 WAC, as published by the International Code Council, is adopted by reference with the follow- ing additions, deletions and exceptions: Provided, that Chapter 1, Administration, is not adopted and the Construction Administrative Code, as set forth in RMC 4-5-060, shall be used in place of IMC Chapter 1, Administration. Provided, that the in- stallation of fuel gas distribution piping and equip- ment, fuel gas-fired appliances and fuel gas-fired appliance venting systems shall be regulated by the International Fuel Gas Code. Provided, that detached one (1) and two (2) family dwellings and multiple single-family dwellings (townhouses) not more than three (3) stories high with separate means of egress and their accessory structures not more than three (3) stories above grade plane in height shall comply with the International Resi- dential Code. Provided, that the standards for liq- uefied petroleum gas installations shall be the 2014 Edition of NFPA 58 (Liquefied Petroleum Gas Code) and the 2014 Edition of ANSI Z223.1/ NFPA 54 (National Fuel Gas Code). B. EXCEPTIONS: The provisions of this code do not apply to tempo- rary growing structures used solely for the com- mercial production of horticultural plants including ornamental plants, flowers, vegetables, and fruits. “Temporary growing structure” means a structure that has the sides and roof covered with polyeth- ylene, polyvinyl, or similar flexible synthetic mate- rial and is used to provide plants with either frost protection or increased heat retention. A tempo- rary growing structure is not considered a building for purposes of this code. C. CONFLICTS: In the case of conflict between the duct sealing or insulation requirements of Section 603 or 604 of this code and the duct sealing or insulation re- quirements of chapter 51-11C/R WAC, the Wash- ington State Energy Code shall govern. (Ord. 4546, 7-24-1995; Amd. Ord. 5085, 6-21-2004; Ord. 5157, 9-26-2005; Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012; Ord. 5710, 4-14-2014; Ord. 5810, 7-11-2016) 4-5-100 NATIONAL FUEL GAS CODE ADOPTED: The 2015 Edition of the National Fuel Gas Code (ANSI Z223.1/NFPA 54), as adopted by the State Building Code Council in chapter 51-52 WAC, as published by NFPA, is adopted by reference. The Construction Administrative Code, as set forth in RMC 4-5-060, shall be applied for the administra- tion of this code. (Ord. 5085, 6-21-2004; Ord. 4-5-120B 5 - 18.59 (Revised 8/16) 5159, 10-17-2005; Ord. 5555, 10-11-2010; Ord. 5710, 4-14-2014; Ord. 5810, 7-11-2016) 4-5-110 UNIFORM PLUMBING CODE ADOPTED: The 2015 Edition of the Uniform Plumbing Code (UPC), as adopted and amended by the State Building Code Council in chapter 51-56 WAC, as published by the International Association of Plumbing and Mechanical Officials, is adopted by reference with the following additions, deletions and exceptions: Provided, that Chapter 1, Admin- istration, is not adopted and the Construction Ad- ministrative Code, as set forth in RMC 4-5-060, shall be used in place of UPC Chapter 1, Admin- istration. Provided, that Chapters 12 and 14 of the Uniform Plumbing Code are not adopted. Pro- vided, that those requirements of the Uniform Plumbing Code relating to venting and combus- tion air of fuel-fired appliances as found in Chap- ter 5 and those portions of the code addressing building sewers are not adopted. The following appendices of the 2015 Edition of the Uniform Plumbing Code as adopted and amended by the State Building Code Council in chapter 51-57 WAC, as published by the Interna- tional Association of Plumbing and Mechanical Officials, are also adopted by reference: Appen- dix A – Recommended Rules for Sizing the Water Supply System; Appendix B – Explanatory Notes on Combination Waste and Vent Systems; Ap- pendix I – Installation Standards. In addition, Ap- pendix C – Alternate Plumbing Systems, excluding Sections C303.3 and C304.0 through C601.9, is adopted by reference. Where a conflict exists between the provisions of Appendix I and the manufacturer’s installation in- structions, the conditions of the listing and the manufacturer’s installation instructions shall ap- ply. (Formerly 4-5-100. Ord. 3760, 12-5-1983; Amd. Ord. 4768, 3-8-1999; Ord. 5010, 5-19-2003; Ord. 5085, 6-21-2004; Ord. 5297, 7-2-2007; Ord. 5710, 4-14-2014; Ord. 5810, 7-11-2016) 4-5-120 UNDERGROUND STORAGE TANK SECONDARY CONTAINMENT REGULATIONS: A. PURPOSE: 1. The purpose of this Section is to estab- lish secondary containment and monitoring requirements for new underground storage facilities which store regulated substances in- cluding hazardous materials, flammable liq- uids, toxic substances and combustible liquids. This Section establishes construction standards for new underground storage facil- ities, establishes separate monitoring stan- dards for new and existing underground storage facilities, establishes uniform stan- dards for release reporting, emergency re- sponse and abandonments, and specifies permit procedures. B. INTENT: It is the intent of this Section to provide a method by which: 1. To safely store regulated substances in- cluding hazardous materials, flammable and combustible liquids, and toxic substances in underground storage facilities; to trap and safely hold for recovery any regulated sub- stance which may leak from underground storage facilities; 2. To provide a systematic means of moni- toring to determine the presence of any leaked substance so that it may be safely re- covered in a timely manner; (Revised 8/16)5 - 18.60 This page left intentionally blank. 4-5-120E 5 - 19 (Revised 6/05) 3. To provide a means to monitor existing underground storage facilities to detect leaks; 4. To protect groundwater resources; 5. To protect the City’s drinking water sup- ply from impacts caused by regulated sub- stances; and 6. To reduce the fire and life safety hazards associated with substances that might other- wise escape from a primary container. C. COMPLIANCE WITH THE FIRE CODE REQUIRED: In addition to the provisions of this Section, all un- derground storage facilities installations shall meet all applicable provisions and requirements of chapters 27 and 34 of the International Fire Code. (Amd. Ord. 5086, 6-21-2004) D. APPLICABILITY: 1. Persons who own one or more under- ground storage facilities storing regulated substances (including hazardous sub- stances, flammable liquids, toxic substances, and combustible liquids) shall comply with this Chapter. If the operator of the under- ground storage facility is not the owner, then the owner shall enter into a written contract with the operator requiring the operator to comply with this Section. 2. All new underground storage facilities which store regulated substances must com- ply with the construction and monitoring stan- dards for new underground storage facilities as set forth in this Section. 3. All existing underground storage facilities which store regulated substances must com- ply with the monitoring standards for existing underground facilities which are set forth in this Section. However, existing underground storage facilities which meet the construction and monitoring standards for new facilities as set forth in this Section may be issued per- mits and regulated pursuant to the standards and procedures for new facilities. 4. All owners and/or operators of under- ground storage facilities which store regu- lated substances now, have stored regulated substances in the past, or have the ability to store regulated substances in the future must comply with the release reporting require- ments, the closure requirements and the per- mit application requirements as set forth in this Section. 5. The detection of any unauthorized re- lease shall require compliance with the re- porting requirements of this Section. (Amd. Ord. 5086, 6-21-2004) E. EXCLUSIONS: This Section specifically excludes regulation of the following: 1. Farm or residential tanks of one thou- sand one hundred (1,100) gallons or less ca- pacity used for storing motor fuel for noncommercial purposes, except for new tank installations in the City’s Aquifer Protec- tion Area; 2. Tanks used for storing heating oil for con- sumption use by single family residences, ex- cept for new tank installations in the City’s Aquifer Protection Area; 3. Septic tanks; 4. Storage tanks situated in an underground area (such as a basement, cellar, minework- ing, drift, shaft or tunnel) if the storage tank is situated upon or above the surface of the floor; 5. Pipeline facility: Pipelines which trans- port regulated substances interjurisdiction- ally; 6. Surface impoundment, pit, pond or la- goon; 7. Stormwater or wastewater collection sys- tem; 8. Flow-through process tanks; or 9. Liquid trap or associated gathering lines directly related to oil or gas production and gathering operations. 4-5-120F (Revised 6/05)5 - 20 F. FIRE CODE OFFICIAL AND FIRE DEPARTMENT AUTHORITY AND RESPONSIBILITY: The Fire Department shall not issue a permit to operate an underground storage facility until the Department inspects the underground storage fa- cility and determines that the underground stor- age facility complies with the provisions of these regulations. The Fire Code Official or the Official’s duly authorized representative is hereby desig- nated as the enforcing officer of this Section. In addition to all other grounds for revocation or ter- mination of permits set forth in the general provi- sions hereof, any failure or refusal on the part of a permittee to obey any rule, regulation, condition or law concerning the installation, maintenance, or removal of underground storage facilities shall be grounds for revocation of a permit. (Amd. Ord. 5086, 6-21-2004) G. DEFINITIONS OF TERMS USED IN THIS SECTION: ABANDONMENT OF UNDERGROUND STOR- AGE FACILITIES: 1. The relinquishment or termination or pos- session, ownership or control without full dis- closure to the new owner thereof of contain- ers, tanks, or pipes which have stored in the past or are currently storing regulated sub- stances whether by vacating or by disposition thereof and shall not depend on a mere lapse of time; or 2. Storage facilities which have been sub- stantially emptied and unattended. AQUIFER PROTECTION AREA (APA): Refer to RMC 4-3-050B, Applicability – Critical Areas Des- ignations/Mapping, and RMC 4-11-010, Defini- tions A. (Amd. Ord. 4851, 8-7-2000) CLOSURE OF UNDERGROUND STORAGE FACILITIES: The lawful emptying and/or removal of underground storage facilities pursuant to a permit issued by the Fire Department and in con- formance with chapter 34 of the International Fire Code. (Amd. Ord. 5086, 6-21-2004) CONTINUOUS MONITORING: A system using automatic equipment which routinely performs the required monitoring on a periodic or cyclic ba- sis throughout each day. DEPARTMENT: The City of Renton Fire Depart- ment. DOUBLE-WALLED: A container with two (2) complete shells which provide both primary and secondary containment. The outer shell must pro- vide structural support and must be constructed primarily of nonearthen materials including, but not limited to, concrete, steel, and plastic. EXISTING UNDERGROUND STORAGE FACIL- ITY: Any underground storage facility that is not a new underground storage facility. The term in- cludes any underground storage facility which has contained a hazardous substance in the past and, as of July 1, 1987, had the physical capacity of being used again (it had not been removed or completely filled with an inert solid). LEAK DETECTION SYSTEM: A system or tech- nology capable of detecting, within twenty four (24) hours, the failure of either the primary or sec- ondary containment structure or the presence of liquid in the secondary containment structure. MEMBRANE LINER: Any membrane sheet ma- terial fabricated into system for secondary con- tainment. A membrane liner is placed external to a tank, in order to be an impermeable barrier be- tween a primary containment device including pipes, and the ground. The membrane must pro- vide a complete envelope that will prevent both lateral and vertical migration of the stored product out of the containment system and will be free of cracks and gaps. NATIONALLY RECOGNIZED INDEPENDENT TESTING ORGANIZATION: Any one of the fol- lowing organizations, or other organizations ap- proved by the Fire Code Official: American National Standards Institute (ANSI) American Society of Mechanical Engineers (ASME) American Society for Testing and Materials (ASTM) National Association of Corrosion Engineers (NACE) National Sanitation Foundation (NSF) Underwriters Laboratories (UL) 4-5-120H 5 - 21 (Revised 7/04) Underwriters Laboratories of Canada, Inc. (ULC) (Amd. Ord. 5086, 6-21-2004) NEW UNDERGROUND STORAGE FACILITY: Any underground storage facility subject to this Section which is installed after the effective date of this Section or which complies with the require- ments of RMC 4-5-120H. OPERATOR: Any person in control of, or having responsibility for, the daily operation of a storage facility. OWNER: Includes his duly authorized agent or attorney, a purchaser, devisee, fiduciary and a person having vested or contingent interest in the property in question. PRIMARY CONTAINMENT: A device (such as a tank, pipe, drum) and associated appurtenances which holds a regulated substance. PRODUCT TIGHT: Impervious to the substance which is contained, or is to be contained, so as to prevent the seepage of the substance from the primary containment. To be product tight, the pri- mary container shall not be subject to physical or chemical deterioration by the substance which it contains over the useful life of the tank. REGULATED SUBSTANCES: Any hazardous materials, flammable liquid, combustible liquid, or toxic substances which are more particularly de- fined as: 1. Flammable Liquid: Any liquid having a flash point below one hundred degrees (100°) Fahrenheit and having a vapor pres- sure not exceeding forty (40) pounds per square inch (absolute) at one hundred de- grees (100°) Fahrenheit. 2. Combustible Liquid: A liquid having a flash point at or above one hundred degrees (100°) Fahrenheit. 3. Hazardous Materials: Includes such materials as flammable solids, corrosive liq- uids, radioactive materials, oxidizing materi- als, highly toxic, materials, poisonous gases, reactive materials, unstable materials, hyper- bolic materials and pyrophoric materials as defined in chapter 2 of the International Fire Code and any substance or mixture of sub- stances which is an irritant, a strong sensi- tizer or which generates pressure through exposure to heat, decomposition or other means. 4. Toxic Substance: Any material, either singularly or in combination, which may pose a present or potential hazard to human health or to the quality of groundwaters when im- properly used, stored, transported or dis- posed of or otherwise mismanaged including fertilizers, herbicides, and pesticides. (Amd. Ord. 5086, 6-21-2004) SECONDARY CONTAINMENT: A system which will completely collect and contain all primary containment spills and leaks, and contaminated precipitations, until appropriate remedial action can be determined. SINGLE-WALLED: A container with one shell in which regulated substances can or are being stored and which provides primary containment. UNAUTHORIZED RELEASE: Any spilling, leak- ing, emitting, discharging, escaping, leaching, or disposing from any underground storage tank into groundwater, surface water, or subsurface soils. Unauthorized release does not include intentional withdrawals of hazardous substances for the pur- pose of legitimate sale, use or disposal. UNDERGROUND STORAGE FACILITY: A tank, pipe, vessel or other container, or any combina- tion of the foregoing, used or designed to be used for the underground storage or underground transmission of regulated substances and the vol- ume of which (including the volume of the under- ground pipes connected thereto) is ten percent (10%) or more beneath the surface of the ground. The underground storage facilities include but are not limited to line leak detectors, monitoring wells, continuous automatic leak detection systems, and secondary containment systems associated therewith. H. NEW UNDERGROUND STORAGE FACILITIES AND MONITORING STANDARDS: 1. Applicability: The following subsections shall apply to all new installations of primary and secondary containers including leak in- terception and detection systems. (Amd. Ord. 5086, 6-21-2004) 4-5-120H (Revised 7/04)5 - 22 2. Standards for New Underground Stor- age Facilities: a. Primary and secondary levels of con- tainment shall be required for all new un- derground storage facilities used for the storage of regulated substances. b. All primary containers shall be prod- uct-tight and shall be installed in accor- dance with all applicable sections of chapter 34 of the International Fire Code. c. All secondary containers shall be constructed of materials of sufficient thickness, density, and composition to prevent structural weakening of the sec- ondary container as a result of contact with any released hazardous substance and shall be capable of containing any unauthorized release of the hazardous substance stored within the primary con- tainer(s) for at least the maximum antici- pated period, established by manufacturer’s specifications, sufficient to allow detection and removal of the un- authorized release. d. If a hazardous substance has come into contact with the secondary container and either additional primary containers exist within the secondary container or the leaking primary container has been closed as specified in this Section and re- placed by a new primary container, the owner shall demonstrate to the satisfac- tion of the Department that the require- ments of subsection H2c of this Section are still achievable or replace the sec- ondary container. e. The secondary container shall have the ability to contain the following vol- umes: i. At least one hundred percent (100%) of the volume of the primary container where only one primary container is within the secondary container. ii. In the case of multiple primary containers within a single secondary container, the secondary container shall be large enough to contain one hundred fifty percent (150%) of the volume of the largest primary con- tainer placed in it or ten percent (10%) of the aggregate internal vol- ume of all primary containers in the secondary container, whichever is greater. f. If the secondary container is open to rainfall, then it shall be able to accommo- date the volume of precipitation which could enter the secondary container dur- ing a twenty four (24) hour, one hundred (100) year storm in addition to the volume of hazardous substance storage required in subsection H2e of this Section. g. The volumetric requirements for the pore space of a granular material placed in the secondary container as backfill for the primary container shall be equal to or greater than that required in subsection H2e of this Section. The available pore space in the secondary container backfill shall be determined using appropriate engineering methods and safety factors and shall consider the specific retention and specific yield of the backfill material, the location of the primary container within the secondary container, and the proposed method of operation for the secondary container. h. The secondary container shall be equipped with a collection system to ac- cumulate, temporarily store, and permit removal of any precipitation, subsurface infiltration, or hazardous substance re- leased from the primary container. i. Laminated, coated, or clad materials shall be considered single-walled and shall not be construed to fulfill the re- quirements of both primary and second- ary containment. j. All primary containers and double- walled underground storage tanks sub- ject to flotations shall be weighted or an- chored using methods specified by the manufacturer or, if none exist, best engi- neering judgment. (Amd. Ord. 5086, 6- 21-2004) 4-5-120H 5 - 23 (Revised 7/04) 3. Design Standards for New Primary Containers and Double-Walled Under- ground Storage Tanks: a. Cathodically protected steel under- ground storage tanks, steel underground storage tanks clad with glass fibre-rein- forced plastic, and glass fibre plastic un- derground storage tanks shall be fabricated and designed to standards de- veloped by a nationally recognized inde- pendent testing organization or be listed by the testing organization. b. Underground storage tanks shall be tested by the manufacturer or an inde- pendent testing organization for durability and chemical compatibility with the regu- lated substances to be stored using rec- ognized engineering practices for materials testing. c. Except for steel underground storage tanks, a wear plate (striker plate) shall be centered under all accessible openings of the underground storage tank. The plate shall be constructed of steel or, if the steel is not compatible with the regu- lated substance stored, a material resis- tant to the stored regulated substance. The width of the plate shall be at least nine inches (9″) wide and have an area of one square foot or be equal to the area of the accessible opening or guide tube, whichever is larger. The thickness of the steel plate shall be at least 0.053 inch (1.35 mm), and those constructed of other materials (as required) shall be of sufficient thickness to provide equivalent protection. The plate shall be rolled to the contours of underground storage tank and bonded or seam welded in place. d. Single-walled primary containers of steel and the outer surface of double- walled underground storage tanks con- structed of steel which are not clad with glass fibre reinforced plastic, shall be pro- tected by a properly installed, maintained, and monitored cathodic protection sys- tem. Selection of the type of protection to be employed shall be based on a certifi- cation listing by a nationally recognized independent testing organization or the judgment of a registered corrosion engi- neer or a National Association of Corro- sion Engineers (NACE) accredited corrosion specialist taking into account the corrosion history of the area. Under- ground storage tanks with listed corrosion resistant materials, nonmetallic glass fi- ber reinforced plastic coatings, compos- ites, or equivalent systems shall be tested immediately prior to installation. i. The protection system shall be in- spected under the direction of a reg- istered corrosion engineer or NACE corrosion specialist at the frequency specified in the certification or in ac- cordance with the schedule pre- scribed by the system designer, but not less than annually. ii. Underground storage tanks in a vault and not backfilled are ex- empted from the requirements of this subsection. e. All primary containers and double- walled underground storage tanks shall be installed according to the manufac- turer’s written recommendations or, if no written recommendations exist, best en- gineering practice. f. Underground storage tanks shall be tested before being put into service in ac- cordance with the applicable sections of the code under which they were built. The ASME code stamp or listing mark of Underwriters Laboratories, Incorporated (UL), or any other nationally recognized independent testing organization shall be evidence of compliance with this require- ment. g. Before being covered, enclosed, or placed in use, all underground storage tanks and piping shall be tested for tight- ness hydrostatically or with air pressure at not less than three (3) pounds per square inch and not more than five (5) pounds per square inch. Pressure piping shall be hydrostatically tested to one hun- dred fifty percent (150%) of the maximum anticipated pressure of the system, or pneumatically tested to one hundred ten percent (110%) of the maximum antici- pated pressure of the system, but not less than five (5) pounds per square inch gauge at the highest point of the system. 4-5-120H (Revised 7/04)5 - 24 This test shall be maintained for a suffi- cient time to complete visual inspection of all joints and connections, but for at least ten (10) minutes. In lieu of the above, a test using accepted engineering practices shall be used. Double-walled underground storage tanks are exempt from the requirements of this Section pro- vided that the annular space is monitored using either pressure or vacuum testing. (Ord. 4147, 4-4-1988) h. All underground storage tanks shall be equipped with an overflow spill protec- tion system; a combination of “i” and at least one additional method of “ii” through “iv” must be used and is defined as fol- lows: i. A spill catchment basin which surrounds the fill pipe and prevents the inflow of the hazardous sub- 4-5-120I 5 - 27 (Revised 3/13) unless a strike plate or other approved devices used to protect the underground storage tank are located directly under the monitoring opening. o. The double-walled underground storage tank shall be so designed and in- stalled that any loss of hazardous sub- stance from the primary container will drain to a specific location within the an- nular space, as required, to be detected by a monitoring device or method. p. Any special accessories, fitting, coat- ing, or lining not inherent within the initial design of the primary container or dou- ble-walled underground storage tank shall be approved by a nationally recog- nized, independent testing organization or a demonstration of integrity with the primary container or double-walled un- derground storage tank shall be required. 5. Monitoring Standards for New Under- ground Storage Facilities: a. The owners or operators of all new underground storage facilities shall im- plement a monitoring program that is ap- proved by the Department and required as a condition of the permit. Visual moni- toring must be implemented unless it is determined by the Department to be un- feasible to visually monitor. b. All monitoring programs shall include a written routine monitoring procedure which includes, when applicable: i. the frequency of performing the monitoring method, ii. the methods and equipment to be used for performing the monitor- ing, iii. the location(s) from which the monitoring will be performed, iv. the name(s) or title(s) of the per- son(s) responsible for performing the monitoring and/or maintaining the equipment, and v. the reporting format. 6. Response Plan for New Underground Storage Facilities: a. Plan Required: A response plan shall be developed by the permit appli- cant which demonstrates, to the satisfac- tion of the Fire Marshal, that any unauthorized release will be removed from the secondary container within the shortest possible time and no longer than the time consistent with the ability of the secondary container to contain the regu- lated substance. This response plan shall be a condition of the underground stor- age facility permit. b. Plan Contents: The response plan shall include, but is not limited to, the fol- lowing: i. A description of the proposed methods and equipment to be used for removing the hazardous sub- stance, including the location and availability of the required equip- ment, if not permanently on-site, and an equipment maintenance schedule for the equipment located on-site. ii. The name(s) or title(s) of the per- son(s) responsible for authorizing the work to be performed. I. EXISTING INSTALLATIONS AND MONITORING STANDARDS: 1. Continuation: Any underground storage facility in existence as of the effective date of this Section, or for which an installation per- mit has been obtained prior to the effective date of this Section, shall be allowed to con- tinue in use, so long as it is product-tight. 2. Leaks: Should any existing storage tank and/or its associated piping experience a loss of product, due to leakage or mechanical fail- ure, the entire underground storage facility shall be upgraded to meet the requirements for a new underground storage facility as set forth in this Section. Should any existing stor- age tank experience a loss of product due to a failure in its associated piping, the Fire Code Official shall have the authority, upon written request of the owner/operator, to waive the requirement to replace the entire facility. Such waiver shall be based upon cer- 4-5-120I (Revised 3/13)5 - 28 tification to the satisfaction of the Code Offi- cial that the piping has been fully repaired. At a minimum, such certification shall include a product-tight test of the facility. 3. Monitoring Standards for Existing Un- derground Storage Facilities: a. Monitoring System Required: All owners of existing underground storage facilities which store regulated sub- stances subject to this Section shall im- plement a visual monitoring or alternative monitoring system that complies with this Section and is approved by the Fire Mar- shal within eighteen (18) months of the effective date of this Section. b. Objective: The objective of the mon- itoring program for existing underground storage facilities is to detect unauthorized releases within seventy two (72) hours of their occurrence. c. Fire Department Approval Re- quired: The Fire Department shall re- view the proposed monitoring program and shall approve the monitoring system if it finds that all aspects of the monitoring alternative can be implemented. If the proposed monitoring alternative cannot be approved, then the Fire Department may request the submittal of another pro- posed monitoring alternative or may specify the implementation of another monitoring alternative. d. Monitoring System Requirements: The monitoring system must be capable of determining the containment ability of the underground storage tank and de- tecting any active or future unauthorized releases. Groundwater monitoring may be utilized as a primary means of moni- toring only when the underground stor- age facility is located outside of an Aquifer Protection Area. All owners of ex- isting underground storage facilities sub- ject to this Section who are not able to implement visual monitoring shall imple- ment one of the following monitoring al- ternatives in conformance with any permit requirements imposed by the Fire Marshal: i. Tank tightness testing and inven- tory reconciliation controls. ii. Testing or monitoring for vapors within the soil surrounding the under- ground storage tank system. iii. Monitoring for products on the groundwater. iv. Monitoring for releases in an in- terception barrier. v. Automatic monitoring of product level and automatic inventory recon- ciliation. vi. Interstitial monitoring between the underground storage tank and a secondary barrier. vii. Other methods approved by the Fire Department. e. Annual Certification of Monitoring System: Leak detection devices and monitoring systems installed in accor- dance with this Section shall be in- spected and tested at least annually, and the test results maintained on-site for at least one year. 4. System Evaluation Criteria: The Fire Department shall evaluate each monitoring alternative proposed by the applicant for a permit to determine its suitability based on the following criteria: a. Whenever possible, primary method of monitoring other than groundwater monitoring shall be performed, monthly at a minimum. b. When the underground storage facil- ity is in an Aquifer Protection Area, a monitoring method other than groundwa- ter monitoring shall be utilized on a weekly or more frequent basis for leak detection monitoring. c. Groundwater monitoring may be re- quired by the Fire Code Official in an Aquifer Protection Area. The Fire Mar- shal shall review and approve the num- ber and location of the monitoring well(s). More than one underground storage fa- 4-5-120J 5 - 29 (Revised 8/16) cility may be monitored using the same well provided the well is directly downgra- dient of all underground storage facilities being monitored and is within one thou- sand feet (1,000') of all underground stor- age facilities being monitored. (Ord. 5676, 12-3-2012) 5. Tests: If the monitoring technique(s) se- lected is designed to detect the presence of the stored regulated substance outside of the underground storage facility, then tests must be made to determine if the regulated sub- stance or any interfering constituents exist in the soil or backfill surrounding the under- ground storage facility. 6. Failure to Monitor: The failure to imple- ment an approved monitoring system shall be cause for the Fire Code Official to require clo- sure of the underground storage facility pur- suant to subsection L of this Section, Closure Requirements. (Amd. Ord. 5086, 6-21-2004) J. PERMITS: 1. Permit Required: No person, persons, corporation or other legal entities shall install or operate a primary or secondary storage fa- cility without first obtaining a permit to do so from the Fire Department. 2. Information Required: The Fire Depart- ment shall not issue a permit to install or op- erate a primary or secondary underground storage facility unless adequate plans, speci- fications, test data, and/or other appropriate information have been submitted by the owner and/or operator showing that the pro- posed design and construction of the facility meet the intent and provisions of this Section. 3. Abandonment Prohibited: No person, persons, corporation or other legal entities shall temporarily or permanently abandon a primary or secondary storage facility. 4. Closure Procedure: No person, per- sons, corporation or other legal entities shall close a primary or secondary underground storage facility without first obtaining a permit to do so from the Fire Marshal. The Fire Mar- shal shall not issue a permit to temporarily or permanently close a primary or secondary un- derground storage facility unless adequate plans and specifications and other appropri- ate information have been submitted by the applicant showing that the proposed closure meets the intent and provisions of this Sec- tion. 5. Fee: The application for a permit pursu- ant to this Section shall be accompanied by the fee stipulated in the City of Renton Fee Schedule. (Ord. 5806, 6-20-2016) 6. Permit Conditions: a. Notification of Changes or Re- lease: i. As a condition of any permit re- quirements to operate an under- ground storage facility, the permittee shall report to the Department within thirty (30) days after any changes in the usage of any underground stor- age tank, including: • The storage of new hazardous substances; • Changes in monitoring proce- dure; or • The replacement or repair of all or part of any underground stor- age facility. ii. As a condition on any permit re- quirement to operate an under- ground storage facility, the permittee shall report to the Department within seventy two (72) hours any replace- ment or repair of all or part of any un- derground storage facility. iii. As a condition of any permit re- quirement to operate an under- ground storage facility, the permittee shall report to the Department any unauthorized release occurrence, within twenty four (24) hours of its de- tection, using the procedures re- quired in this Section. b. Monitoring Records Required: Written records of all monitoring per- formed shall be maintained on-site by the operator for a period of at least three (3) years from the date the monitoring was performed. The Fire Department may re- 4-5-120K (Revised 8/16)5 - 30 quire the submittal of the monitoring re- cords or a summary at a frequency that they may establish. The written records of all monitoring performed in the past three (3) years shall be shown to the Depart- ment or duly authorized representative upon demand during any site inspection. Monitoring records shall include: i. The date and time of all monitor- ing or sampling; ii. Monitoring equipment calibration and maintenance records; iii. The results of any visual obser- vations; iv. The results of all sample analy- sis performed in the laboratory or in the field, including laboratory data sheets; v. The logs of all readings of gauges or other monitoring equip- ment, groundwater elevations, or other test results; and vi. The results of inventory read- ings and reconciliations. 7. Permit Expiration: A permit to operate issued by the Fire Department shall be effec- tive for one year. The underground storage facility owner shall apply to the Department for permit renewal at least sixty (60) days prior to the expiration of the permit. 8. Transfer of Permit: Permits may be transferred to a new underground storage fa- cility owner if the new underground storage facility owner does not change any conditions of the permit, the transfer is registered with the Department within thirty (30) days of the change in ownership, and any necessary modifications are made to the information in the initial permit application due to the change in ownership. The Fire Department may re- view, modify, or terminate the permit to oper- ate the underground storage facility upon receiving the ownership transfer request. 9. Inspection Required for Permit Re- newal: The Fire Department shall not renew an underground storage facility permit unless the underground storage facility has been in- spected within the prior three (3) years and the inspection revealed that the underground storage facility complied with this Section, as applicable, and with all existing permit condi- tions. The inspection shall be conducted by the Fire Department. If the inspection reveals noncompliance, then the Department must verify by a follow-up inspection that all re- quired corrections have been implemented before renewing the permit. 10. Implementation of Inspection Re- port: Within thirty (30) days of receiving an inspection report from the Department the permit holder shall file with the Department a plan and time schedule to implement any re- quired modifications to the underground stor- age facility or to the monitoring plan needed to achieve compliance with the intent of this Section or the permit conditions. This plan and time schedule shall also implement all of the recommendations of the Department. K. RELEASE REPORTING REQUIREMENTS: 1. Reporting Required for All Unautho- rized Releases: All unauthorized releases from the primary or secondary container shall be reported to the Fire Department according to the provisions of this Section. a. Releases to Secondary Contain- ers: All unauthorized releases to second- ary containers shall be recorded on the operator’s monitoring reports. Such an unauthorized release shall be deter- mined to be “an unauthorized release re- quiring reporting”, if the leak detection monitoring system in the space between the primary and secondary containers cannot be reactivated within eight (8) hours. This provision shall be applicable only to new underground storage tanks. b. All Other Releases: All other unau- thorized releases shall be reported pursu- ant to the provisions of an “unauthorized release requiring reporting” within twenty four (24) hours after the release has been, or should have been, detected un- der the monitoring system installed or maintained. 4-5-120K 5 - 31 (Revised 7/04) 2. Unauthorized Releases Requiring Re- cording: a. Definition of Release Requiring Recording: An unauthorized release re- quiring recording is one in which the leak detection monitoring system in the space between the primary and secondary con- tainer could be reactivated within eight (8) hours. b. Time for Reporting: Unauthorized releases requiring recording shall be re- ported to the Fire Department within five (5) days of the occurrence. c. Content of Report: The incident re- port shall be accompanied by a written record including the following informa- tion: i. List of type, quantities, and con- centration of hazardous substances released. ii. Method of cleanup. iii. Method and location of disposal of the released hazardous sub- stances (indicate whether a hazard- ous waste manifest(s) is utilized). iv. Method of future leak prevention or repair. If this involves a change in operation, monitoring or manage- ment, then appropriate reports shall also be filed and a new permit ap- plied for. v. If the primary container is to con- tinue to be used, then a description of how the monitoring system between the primary and secondary container has been reactivated. vi. Facility operator’s name and telephone number. vii. The approximate costs for cleanup to be submitted voluntarily. d. Review and Inspection: The De- partment shall review the information submitted pursuant to the report of an un- authorized release requiring recording, shall review the permit and may inspect the underground storage facility. e. Revocation of Permit: The Depart- ment shall find that the containment and monitoring standards of this Section can continue to be achieved or the Depart- ment shall revoke the permit until appro- priate modifications are made to allow compliance with the standards. f. Causes of Container Deterioration: Deterioration of the secondary container is likely when any of the following condi- tions exist: i. The secondary container will have some loss of integrity due to contact with the stored hazardous substances; ii. The mechanical means used to clean up the released hazardous substance could damage the sec- ondary container; or iii. Hazardous substances, other than those stored in the primary con- tainer, are added to the secondary container for treatment or neutraliza- tion of the released hazardous sub- stance as part of the cleanup process. g. Reportable or Recordable Re- lease: If a recordable unauthorized re- lease becomes a reportable unauthorized release due to initially unanticipated facts, the release shall immediately be treated as a reportable release. 3. Unauthorized Release Requiring Re- porting: a. Time for Notification: Within twenty four (24) hours after an unauthorized re- lease has been detected, or should have been detected, using required monitor- ing, the operator shall notify the Fire De- partment. This Section shall apply to any unauthorized release except as defined in subsection K2a of this Section. (Amd. Ord. 5086, 6-21-2004) b. Time for and Content of Report: Within five (5) working days of detecting 4-5-120L (Revised 7/04)5 - 32 the release, the operator or permittee shall submit to the Department a full writ- ten report to include all of the following in- formation which is known at the time of filing the report: i. List of type, quantity, and concen- tration of regulated substances re- leased. ii. The results of all investigations completed at that time to determine the extent of soil or groundwater or surface water contamination due to the release. iii. Method of cleanup implemented to date, proposed cleanup actions, and approximate cost of actions taken to date. iv. Method and location of disposal of the released regulated substance and any contaminated soils or groundwater or surface water. v. Proposed method of repair or re- placement of the primary and sec- ondary containers. vi. Facility operator’s name and telephone number. 4. Subsequent Cleanup Reports Re- quired: Until cleanup is complete, the opera- tor or permittee shall submit reports to the Department every month or at a more fre- quent interval specified by the Department. The reports shall include the information re- quested in this Section. L. CLOSURE REQUIREMENTS: 1. Closure Required: Existing under- ground storage facilities which have experi- enced an unauthorized release may not be repaired and shall be closed pursuant to the requirements of this Section. During the pe- riod of time between cessation of regulated substance storage and actual completion of underground storage facility closure, the ap- plicable containment and monitoring require- ments of this Section shall continue to apply. 2. Exception: The requirements of this Section do not apply to those underground storage facilities in which regulated sub- stances are continued to be stored even though there is no use being made of the stored substance. In these cases, the appli- cable containment and monitoring require- ments of this Section shall continue to apply. 3. General Provisions: a. Compliance with Fire Code Re- quired: All closures shall be accom- plished in conformance with chapter 34 of the International Fire Code and with the provisions of this Section. b. Closure Proposal Required: Prior to closure, the underground storage facil- ity owner shall submit to the Department a proposal describing how the owner in- tends to comply with closure require- ments. The requirement for prior submittal is waived if the storage of regu- lated substances ceases as a result of an unauthorized release or to prevent or minimize the effects of an unauthorized release. In this situation, the under- ground storage facility owner shall submit the required proposal within fourteen (14) days of either the discovery of an unau- thorized release or the implementation of actions taken to prevent or minimize the effects of the unauthorized release. c. Department of Ecology Notifica- tion: Notification of intent to close under- ground storage tanks shall be submitted to the Department of Ecology at least thirty (30) days prior to the start of work, in accordance with WAC 173-360-385. 4. Temporary Closure: a. Applicability: This Section applies to those underground storage facilities in which storage has ceased for a period of more than ninety (90) days and less than three hundred sixty five (365) days and where the owner or operator proposes to retain the ability to use the underground storage facility within a year for the stor- age of regulated substances. Under- ground storage facilities temporarily taken out of service for a period of up to ninety (90) days shall continue to be monitored in conformance with the appli- cable subsections of this Section. 4-5-120L 5 - 33 (Revised 7/04) b. Exception: This Section does not apply to underground storage facilities that are empty as a result of the with- drawal of all stored material during nor- mal operating practice prior to the planned input of additional regulated sub- stances consistent with permit condi- tions. c. Standards and Requirements for Temporary Closure: The owner or oper- ator shall comply with all of the following: i. All residual liquid, solids, or slud- ges shall be removed and handled pursuant to the requirements of the Fire Department. ii. If the underground storage facil- ity contained a regulated substance that could produce flammable vapors at standard temperature and pres- sure, then the underground storage facility shall be purged of the flamma- ble vapors to levels that would pre- clude an explosion or such lower levels as may be required by the Fire Department. iii. The underground storage tank may be filled with a noncorrosive liq- uid that is not a regulated substance. This liquid must be tested by a certi- fied testing agency and results sub- mitted to the Department prior to its being removed from the under- ground storage facility at the end of the temporary closure period. iv. Except for required venting, all fill and access locations and piping shall be sealed utilizing locked caps or concrete plugs. v. Power service shall be discon- nected from all pumps associated with the use of the underground stor- age tank. d. Modification of Monitoring Re- quirements: The monitoring required pursuant to the permit may be modified or eliminated during the temporary clo- sure period by the Department. The De- partment shall consider, in making the above decision, the need to maintain monitoring in order to detect unautho- rized releases that may have occurred during the time the underground storage facility was used but that have not yet reached the monitoring locations and been detected. e. Inspection Required: The under- ground storage facility shall be inspected by the owner or operator at least once ev- ery three (3) months to assure that the temporary closure actions are still in place. This shall include: i. Visual inspection of all locked caps and concrete plugs. ii. If locked caps are utilized, then at least one shall be removed to deter- mine if any liquids or other sub- stances have been added to the underground storage tank or if there has been a change in the quantity or type of liquid added pursuant to the above Section. f. Closure Plan Required: A closure plan clearly illustrating when and how the tank will either be placed back into ser- vice, removed from the ground, or per- manently abandoned is required to be submitted to the Department at the time of permit application. 5. Permanent Closure Requirements: a. Applicability: The permanent clo- sure requirements of this Section shall apply to those underground storage facil- ities in which the storage of regulated substances has ceased for a period of more than three hundred sixty five (365) days or when the owner has no intent within the next year to use the under- ground storage facility for storage of reg- ulated substances. b. Compliance Required: Owners of underground storage facilities subject to permanent closure shall comply with all the provisions of this Section. c. Standards and Requirements for Removal of Tanks: An underground storage facility that is required to be per- manently closed shall have the tanks re- 4-5-120L (Revised 7/04)5 - 34 moved, per chapter 34 of the Interna- tional Fire Code. Owners of underground storage facilities proposing to perma- nently close the facility by removal shall comply with the following requirements: i. All residual liquid, solids, or slud- ges shall be removed. ii. If the underground storage facil- ity contained a regulated substance that could produce flammable vapors at standard temperature and pres- sure, then the underground storage facility, either in part or as a whole, shall be purged of the flammable va- pors to levels that would preclude ex- plosion or such lower levels as may be required by the Department. iii. When an underground storage facility or any part of an underground storage facility is to be disposed of, the owner must document to the De- partment that proper disposal has been completed. iv. An owner of an underground storage facility or any part of an un- derground storage facility that is des- tined for a specific reuse shall identify to the Department the future under- ground storage facility owner, opera- tor, location of use, and nature of use. v. An owner of an underground storage facility or any part of an un- derground storage facility that is des- tined for reuse as scrap material shall identify this reuse to the Department. d. Standards and Requirements for Abandoning Tank in Place: A tank may be abandoned and closed in place, if it can be proven that removal of the tank could constitute a hazard to the immedi- ate structure or underground utilities. The closing in place is at the Fire Code Offi- cial’s approval. Owners of underground storage facilities who propose to perma- nently close a facility in place with prior approval of the Fire Code Official shall comply with the following: i. All residual liquid, solids, or slud- ges shall be removed. ii. All piping associated with the un- derground storage tank shall be re- moved and disposed of unless removal might damage structures or other pipes that are being used and that are contained in a common trench, in which case the piping to be closed shall be emptied of all con- tents and capped. iii. The underground storage tank, except for the piping that is closed pursuant to the above subsection, shall be completely filled with an inert solid, unless the owner intends to use the underground storage tank for the storage of a nonregulated sub- stance which is compatible with the previous use of the underground storage facility. iv. A notice shall be filed and re- corded with the County Auditor, which shall describe the exact verti- cal and area location of the closed underground storage facility, the reg- ulated substance it contained, and the closure method. e. Demonstration to Fire Code Offi- cial: The owner of an underground stor- age facility being closed shall demon- strate to the satisfaction of the Fire Code Official that no unauthorized release has occurred. This demonstration can be based on the ongoing leak detection monitoring, groundwater monitoring, or soils sampling performed during or im- mediately after closure activities. If feasi- ble, soil samples shall be taken and ana- lyzed according to the following: i. If the underground storage facility or any portion thereof is removed, then soil samples from the soils im- mediately beneath the removed por- tions shall be taken. Sampling shall be conducted using the methods de- scribed in the Department of Ecol- ogy’s Guidance for Remediation of Petroleum Contaminated Soils (Doc- ument 91-30). At a minimum, a sep- arate sample shall be taken for every 4-5-130B 5 - 35 (Revised 8/16) two hundred (200) square feet for un- derground storage tanks or every twenty (20) lineal feet of trench for piping. ii. Methods used to analyze soil samples shall be in accordance with the Department of Ecology’s Guid- ance for Remediation of Petroleum Contaminated Soils (Document 91- 30). At a minimum, soils shall be an- alyzed for all constituents of the pre- viously stored regulated substances and their breakdown or transforma- tion products. (Amd. Ord. 5086, 6-21-2004) M. VARIANCES: The Fire Code Official shall have the authority to grant variances from the specific requirements of this Section, if it can be shown that the proposed method of installation, operation, or removal meets the intent of this Section. (Ord. 4147, 4-4-1988; Amd. Ord. 4963, 5-13-2002; Ord. 5086, 6-21-2004) 4-5-130 INTERNATIONAL PROPERTY MAINTENANCE CODE: A. INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTED: The 2015 Edition of the International Property Maintenance Code is adopted as amended, added to, or excepted in this title, and shall be ap- plicable within the City, except Chapter 1, Scope and Administration, and Sections 303, 307, 308, and 507, which are not adopted. The Construc- tion Administrative Code, as set forth in RMC 4-5- 060, shall be used in place of IPMC Chapter 1, Scope and Administration. (Ord. 5710, 4-14-2014; Ord. 5810, 7-11-2016) B. AMENDMENTS: The following amendments to the Code are hereby adopted: 1. Section 301.2 is amended to read as fol- lows: Responsibility: The owner of the prem- ises shall maintain the structures and ex- terior property in compliance with these requirements, except as otherwise pro- vided for in this code. A person shall not occupy as owner-occupant or permit an- other person to occupy premises which are not in a sanitary and safe condition and which do not comply with the require- ments of this section. 2. Subsection 301.3, Vacant buildings and land, is deleted in its entirety and replaced by the following: 301.3 Vacant buildings: All vacant buildings and premises thereof must comply with this Code. Vacant buildings shall be maintained in a clean, safe, se- cure and sanitary condition provided herein so as not to cause a blighting problem or otherwise adversely affect the public health, safety or quality of life. 301.3.1 Appearance: All vacant build- ings must appear to be occupied, or ap- pear able to be occupied with little or no repairs. 301.3.2 Security: All vacant buildings must be secured against outside entry at all times. Security shall be by the normal building amenities such as windows and doors having adequate strength to resist intrusion. All doors and windows must re- main locked. There shall be at least one operable door into every building and into each housing unit. Exterior walls and roofs must remain intact without holes. 301.3.2.1 Architectural (cosmetic) structural panels: Architectural struc- tural panels may be used to secure win- dows, doors and other openings provided they are cut to fit the opening and match the characteristics of the building. Archi- tectural panels may be of exterior grade finished plywood or Medium Density Overlaid plywood (MDO) that is painted to match the building exterior or covered with a reflective material such as plexi- glass. Exception: Untreated plywood or similar structural panels may be used to secure windows, doors and other openings for a maximum period of thirty (30) days. 301.3.2.2 Security fences: Temporary construction fencing may be used for a 4-5-130B (Revised 8/16)5 - 36 maximum period of thirty (30) days as a method to secure a building from entry. 301.3.3 Weather protection: The exte- rior roofing and siding shall be main- tained as required in section 304. 301.3.4 Fire Safety: 301.3.4.1 Fire protection systems: All fire suppression and alarms systems shall be maintained in a working condi- tion and inspected as required by the Fire Department. (Ord. 5806, 6-20-2016) 301.3.4.2 Flammable liquids: No vacant building or premises or portion thereof shall be used for the storage of flamma- ble liquids or other materials that consti- tute a safety or fire hazard. 301.3.4.3 Combustible materials: All debris, combustible materials, litter and garbage shall be removed from vacant buildings, their accessory buildings and adjoining yard areas. The building and premises shall be maintained free from such items. 301.3.4.3 Fire inspections: Periodic Fire Department inspections may be re- quired at intervals set forth by the Fire Chief. (Ord. 5806, 6-20-2016) 301.3.5 Plumbing fixtures: Plumbing fixtures connected to an approved water system, an approved sewage system, or an approved natural gas utility system shall be installed in accordance with ap- plicable codes and be maintained in sound condition and good repair or re- moved and the service terminated in the manner prescribed by applicable codes. 301.3.5.1 Freeze protection: The build- ing’s water systems shall be protected from freezing. 301.3.6 Electrical: Electrical service lines, wiring, outlets or fixtures not in- stalled or maintained in accordance with applicable codes shall be repaired, re- moved or the electrical services termi- nated to the building in accordance with applicable codes. 301.3.7 Heating: Heating facilities or heating equipment in vacant buildings shall be removed, rendered inoperable, or maintained in accordance with appli- cable codes. 301.3.8 Interior floors: If a hole in a floor presents a hazard, the hole shall be cov- ered and secured with three-quarter inch (3/4") plywood, or a material of equivalent strength, cut to overlap the hole on all sides by at least six inches (6"). 301.3.9 Termination of utilities: The code official may, by written notice to the owner and to the appropriate water, elec- tricity or gas utility, request that water, electricity, or gas service to a vacant building be terminated or disconnected. 301.3.9.1 Restoration of service: If wa- ter, electricity or gas service has been terminated or disconnected pursuant to section 301.3.9, no one except the utility may take any action to restore the ser- vice, including an owner or other private party requesting restoration of service until written notification is given by the code official that service may be re- stored. 301.3.10 Notice to person responsible: The code official may inspect the building and premises whenever the code official has reason to believe that a building is vacant, subject to a duly issued court warrant, if there is a present danger, or under the terms of the City’s community caretaking function. If the code official de- termines that a vacant building violates any provision of this section, the code of- ficial shall notify in writing the owner of the building or real property upon which the building is located, or other person re- sponsible, of the violations and required corrections and shall be given a time frame to comply. 301.3.10.1 Alternate requirements: The requirements and time frames of this section may be modified under an ap- proved Plan of Action. Within thirty (30) days of notification that a building or real property upon which the building is lo- cated is in violation of this section, an owner may submit a written Plan of Ac- 4-5-130B 5 - 37 (Revised 3/17) tion for the code official to review and ap- prove if found acceptable. A Plan of Action may allow: 1) Extended use of non-architec- tural panels. 2) Extended use of temporary se- curity fencing. 3) Extended time before the demo- lition of a building is required. 4) For substandard conditions to exist for a specific period of time, pro- vided the building is secured in an approved manner. When considering a Plan of Action, the building official shall take into consideration the mag- nitude of the violation and the impact to the neighborhood. 301.3.11 Enforcement: Violations of this section shall be enforced according to the provisions and procedures of RMC 1- 3-2 and subject to the monetary penalties contained therein. 301.3.11.1 Abatement: A building or structure accessory thereto that remains vacant and open to entry after the re- quired compliance date is found and de- clared to be a public nuisance. The code official is hereby authorized to summarily abate the violation by closing the building to unauthorized entry. The costs of abate- ment shall be a lien against the real prop- erty and may be collected from the owner in the manner provided by law. 301.3.11.2 Unsafe buildings and equipment: Any vacant building or equipment therein declared unsafe is subject to the provisions of RMC 4-5-060 and the demolition provisions of RMC 4-5-060. (Ord. 5676, 12-3-2012) 3. Section 302.4 is amended to read as fol- lows: Weeds: All premises and exterior prop- erty shall be maintained free from weeds or plant growth in excess of twelve inches in height on development property or twenty-four inches (24") in height on va- cant land. All noxious weeds shall be pro- hibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, this term shall not include culti- vated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of viola- tion, they shall be subject to the provi- sions of RMC 1-3-2, Civil Enforcement of Code. 4. Section 308 is deleted in its entirety and replaced with a new Section 308 Residential Outdoor Storage, which shall read as follows: 308 Residential Outdoor Storage: 308.1 Purpose: The purpose of this sec- tion is to define and regulate the outdoor storage of materials on residential prop- erty while maintaining the character and use intended for single family residential neighborhoods. For purposes of this sec- tion, residentially zoned property is any property zoned RC, R1, R4 or R8. 308.2 Allowed residential outdoor storage: For RC and R1 zoned proper- ties, a maximum of 400 square feet of area may be used for outdoor storage. For R4 and R8 zoned properties, a maxi- mum of two hundred (200) square feet of area may be used for outdoor storage. 308.3 Prohibited areas for outdoor storage: Outdoor storage is prohibited on residentially zoned property in the fol- lowing areas: Front yards Side yards Slopes greater than 15% Designated open spaces or restricted ar- eas Critical areas, including wetland, streams and associated buffer areas 308.4 Emergency access: Outdoor stor- age areas shall not prevent emergency 4-5-130C (Revised 3/17)5 - 38 access to the residential structure or any other building. 308.5 Business related storage: Mate- rials stored outdoors on residentially zoned properties shall not be owned by or used in any business or industry in- cluding a home occupation business. 308.6 Height limitations: Materials stored outdoors on residentially zoned properties shall be neatly stacked and not exceed a height of six feet (6'). Tarps may not be utilized for screening outdoor storage. 308.7 Firewood: Firewood must be split, neatly stacked, and intended for use on the premises on which it is stored. Tarps may be used to protect firewood. 308.8 Membrane structures: Mem- brane structures are considered outdoor storage, and subject to the location re- strictions in section 308.3. Such struc- tures shall not exceed two hundred (200) square feet in area. Membrane structures shall be immediately removed or repaired in the event of disrepair or in the event of damage caused by weather, fire, colli- sion, accident or other forms of damage. Tarps and makeshift covers are prohib- ited for this use. 308.9 Prohibited materials: Shipping containers and other similar storage units do not qualify as accessory buildings on residentially zoned properties, and are prohibited. Hazardous materials are also prohibited for outdoor storage on resi- dentially zoned properties. (Ord. 5710, 4-14-2014) C. COPY ON FILE: At least one (1) copy of the adopted edition of the International Property Maintenance Code shall be on file in the office of the City Clerk. (Ord. 5549, 8-9-2010) 4-5-140 APPEALS: Appeals shall be filed as stipulated in RMC 4-8-110. (Ord. 4147, 4-4-1988; Amd. Ord. 4722, 5-11-1998; Ord. 4963, 5-13-2002; Ord. 5549, 8-9-2010. Formerly 4-5-130.) 4-5-150 VIOLATIONS OF THIS CHAPTER AND PENALTIES: Unless otherwise specified, violations of this Chapter are misdemeanors, subject to RMC 1-3- 1. (Ord. 4147, 4-4-1988; Amd. Ord. 4722, 5-11-1998; Ord. 4856, 8-21-2000; Ord. 4963, 5-13-2002; Ord. 5159, 10-17-2005; Ord. 5549, 8-9-2010; Ord. 5555, 10-11-2010; Ord. 5831, 1- 23-2017. Formerly 4-5-140.) 6 - i (Revised 5/18) Chapter 6 STREET AND UTILITY STANDARDS CHAPTER GUIDE: The development-related requirements for water, sewer, storm drainage and street construction are contained in chapter 4-6 RMC. Fee-related information for developers and builders (i.e., utility fees, including system charges) is found in chapter 4-1 RMC. Permit application submittal and review requirements (e.g., public works permits, etc.) are located in chapter 4-8 RMC. Non-devel- opment-related utility and street regulations (e.g., monthly stormwater service fees or garbage collec- tion procedures, and others) are found in RMC Title 8 or 9. This Chapter last amended by Ord. 5875, January 22, 2018. SECTION PAGE NUMBER NUMBER 4-6-010 GENERAL STANDARDS APPLICABLE TO DEVELOPER EXTENSIONS TO THE UTILITY SYSTEM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 A.Conditions and Standards for Constructing Utility Extensions . . . . . . . . . . . . . . 1 B.Mains to Extend Full Width of Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1. Special Exception for Sanitary Sewer Extensions . . . . . . . . . . . . . . . . . . . . . 1 C.Oversizing of Utilities and Reimbursement by City . . . . . . . . . . . . . . . . . . . . . . . 1 4-6-020 CROSS CONNECTION CONTROL STANDARDS . . . . . . . . . . . . . . . . . . . . . . 1 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 B.Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 C.Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 D.Installation of Backflow Prevention Assemblies . . . . . . . . . . . . . . . . . . . . . . . . . 2 E.Types of Backflow Prevention Assemblies Required . . . . . . . . . . . . . . . . . . . . . 2 F.Responsibilities of Owner and Utility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1. Water Utilities Section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2. Plan Review Section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3. Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 G.Annual Inspection and Testing Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4-6-030 DRAINAGE (SURFACE WATER) STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . 4 A.Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 B.Administering and Enforcing Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 C.Adoption of Surface Water Design Manual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 D.Review Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 E.Drainage Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1. Scope of Review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2. Core Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3. Special Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 F. Creation of Tracts and/or Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1. Method of Creation for City-Maintained Facility for New Residential Subdivisions with Drainage Facilities That Collect Public Runoff. . . . . . . . . . 5 a. Covenants, Conditions and Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . 5 b. Stormwater Easement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2. Method of Creation for Privately Maintained Facility . . . . . . . . . . . . . . . . . . . 6 3. Method of Creation for Other Developments . . . . . . . . . . . . . . . . . . . . . . . . . 6 SECTION PAGE NUMBER NUMBER (Revised 5/18)6 - ii G. Additional Requirements for Fencing and Landscaping . . . . . . . . . . . . . . . . . . . 6 1. Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2. Fencing around New or Expanded Storm Drainage Ponds and Signage Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3. Maintenance of Existing Facilities Required . . . . . . . . . . . . . . . . . . . . . . . . . 6 H. Requirements for Drainage Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 I. Adoption of Stormwater Pollution Prevention Manual . . . . . . . . . . . . . . . . . . . . . 7 J. Discharge Prohibition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 1. Prohibition of Illicit Discharge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2. Prohibition of Illicit Connections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3. Remedy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4. Elimination of Illicit Connection and/or Illicit Discharge . . . . . . . . . . . . . . . . 10 a. Notice of Violation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 b. Requirement to Eliminate Illicit Connection . . . . . . . . . . . . . . . . . . . . . . 10 c. Requirement to Eliminate Illicit Discharges . . . . . . . . . . . . . . . . . . . . . . 10 d. Sample and Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 e. Right of Appeal from Administrative Decision . . . . . . . . . . . . . . . . . . 10.1 5. Reporting Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.1 6. Record Retention Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.1 K.Review and Approval of Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.1 1. Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.1 2. Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.1 3. Additional Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.1 4. Tests. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.1 L.Bonds and Liability Insurance Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.1 1. Construction Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.1 2. Maintenance and Defect Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.5 3. Liability Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.5 a. Duration and Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.5 b. Additional Insured . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.5 c. Cancellation Notice Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.5 d. Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.5 M.Maintenance of Drainage Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.5 1. Drainage Facilities Accepted by the City of Renton for Maintenance . . . 10.5 a. Responsibility for Maintenance of Accepted Facilities . . . . . . . . . . . . 10.5 b. City Assumption of Maintenance Responsibility for Existing Facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.6 c. Facilities not Eligible for Transfer of Maintenance Responsibility. . . . 10.6 2. Drainage Facilities Not Accepted by the City for Maintenance . . . . . . . . 10.6 3. Separate Conveyance System Required for Off-Site Drainage. . . . . . . . 10.6 4. Maintenance of Landscaping and Other Improvements Located in the Drainage Facility/Landscaping Tract . . . . . . . . . . . . . . . . . . . . . . . 10.7 5. Other Cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.7 N.Retroactivity Relating to City Maintenance of Subdivision Facilities . . . . . . . 10.7 O. Inspection, Investigation and Sampling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.7 P.Adjustment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.8 Q. Variance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.8 SECTION PAGE NUMBER NUMBER 6 - iii (Revised 5/18) R. Severability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10.8 S.Violations of this Section and Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.8 4-6-040 SANITARY SEWER STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.8 A.Connection to City Sewer Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.8 1. Exception for Connection to Private Sewage System . . . . . . . . . . . . . . . 10.8 B.Responsibility for Sewer Management Facilities . . . . . . . . . . . . . . . . . . . . . . . . 11 C.Service Outside of City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 D.Use of Septic Tanks, Privies or Cesspools . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 E.Permit Required for Connection to City Sewer . . . . . . . . . . . . . . . . . . . . . . . . . 11 1. Connection Approval Options . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 2. Permit Classes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3. Submittal Requirements and Application Fees . . . . . . . . . . . . . . . . . . . . . . 11 F.Public Sewer Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 1. Costs and Damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 2. Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 3. Public Sewer Pipe Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4.Repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 5. Manhole Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 a. Where Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 b. Covers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 c. Connections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 d. Manhole Requirements for Industrial Wastes . . . . . . . . . . . . . . . . . . . . 12 6. Lift Station Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 7. Supervision Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 8. Public Sewer Extension Requires Developer Agreement . . . . . . . . . . . . . . 13 G.Private (Building) Sewer Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 1. Independent Sewer Required for Every Building . . . . . . . . . . . . . . . . . . . . . 13 2. Private Sewer Pipe Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 3. Size and Slope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 4. Special Allowance for Lesser Slope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 5. Pipe Location, Elevation, Etc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 6. Trenching Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 7. Joints and Connections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 8. Grease, Oil and Sand Interceptors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 a. When Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 b. Type, Capacity and Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 c. Construction Materials and Standards . . . . . . . . . . . . . . . . . . . . . . . . . 14 d. Maintenance Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 9. Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 10. Precautions While Building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 11. Restoration of Public Property Required . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 12. Surety Bond Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 13. Use of Old Sewers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 H.Connection of Private (Building) Sewer to Public Sewer . . . . . . . . . . . . . . . . . . 14 1. Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 2. Permit and Supervision by Utility Required . . . . . . . . . . . . . . . . . . . . . . . . . 14 I.Private Sewage Disposal Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 SECTION PAGE NUMBER NUMBER (Revised 5/18)6 - iv 1. Permit Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 2. Inspection and Approval by Utilities Engineer . . . . . . . . . . . . . . . . . . . . . . . 15 3. Standards and Tests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 4. Maintenance Requirements and Discharge Prohibitions . . . . . . . . . . . . . . 15 5. Additional Requirements of Health Officer . . . . . . . . . . . . . . . . . . . . . . . . . 15 6. Standards for Abandoning Private Sewage Disposal Facilities . . . . . . . . . . 15 J.Additional Requirements that Apply within Zones 1 and 2 of an Aquifer Protection Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 1. Zone 1 Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 a. Wastewater Disposal – Zone 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 b. Additional Zone 1 Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 2. Zone 2 Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 a. Wastewater Disposal – Zone 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 b. Additional Zone 2 Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 4-6-050 STREET PLAN ADOPTED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 4-6-060 STREET STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 A.Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 B.Administering and Enforcing Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 C.Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 D.Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 E.Right-of-Way Dedication Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 1. Dedication Required for Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 2. Amount of Dedication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 3. Waiver of Dedication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 F.Public Street Right-of-Way Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . 17 1. Level of Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 a. Street Lighting Exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 b. Additional Walkway Requirement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 2. Minimum Design Standards for Public Streets and Alleys . . . . . . . . . . . . . 17 3. Length of Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 4. Additional Alley Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 5. Pavement Thickness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 6. Minimum Sidewalk Measurements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 7. Curves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 a. Horizontal Curves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 b. Vertical Curves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 c. Tangents for Reverse Curves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 8. City Center Planning Area and Urban Design Districts – Special Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 9. Downtown Business District – Special Standards . . . . . . . . . . . . . . . . . . . . 21 10. Vehicular Access and Connection Points to and from the State Highway System. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 G. Complete Streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 1. Complete Streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 2. Exemptions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 H.Dead End Streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 1. Limited Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 SECTION PAGE NUMBER NUMBER 6 - v (Revised 5/18) 2. Cul-de-Sacs and Turnarounds When Permitted – Minimum Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 3. Turnaround Design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 4. Cul-de-Sac Design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 5. Secondary Access Requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 6. Waiver of Turnaround . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 I.Street and Pedestrian Lighting Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 1. Lighting Design. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 2. Lighting Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 3. Average Maintained Illumination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 4. Uniformity Ratios . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22.1 5. Construction Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22.1 J.Shared Driveway Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22.1 1. Where Permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22.1 2. Minimum Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22.1 3. Signage Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22.1 4. Tract Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22.1 5. Easement Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22.1 6. Timing of Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22.2 7. Lot Type and Orientation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22.2 8. Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22.2 9. Covenants, Conditions and Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . .22.2 10. Exception for Joint-Use Driveway Extending from Emergency Turnaround. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22.2 K.Unit Lot Drives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 1. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 2. Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 a. Roadway Width . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 b. Curb . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 c. Landscaping Strip and Sidewalk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 3. Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 L.Timing for Installation of Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 M.Plan Drafting and Surveying Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 N.Review of Construction Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 1. Submittal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 2. Fees and Submittal Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 3. Cost Estimate Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24a O.Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24a 1. Authority and Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24a P.Latecomer’s Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24a 1. Latecomer’s Agreements Authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24a 2. Process for Latecomer’s Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24a Q.Variations from Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24a 1. Alternates, Modifications, Waivers, Variances . . . . . . . . . . . . . . . . . . . . . 24a 2. Half Street Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24a a. When Permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24a b. Minimum Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24a SECTION PAGE NUMBER NUMBER (Revised 5/18)6 - vi c. Standards for Completion of the Half Street . . . . . . . . . . . . . . . . . . . . 24a 3. Cul-de-Sac Modifications for Low Impact Development . . . . . . . . . . . . . . 24a R.Deferral of Improvement Installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.1 S.Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.1 T.Violations of this Section and Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.1 4-6-070 TRANSPORTATION CONCURRENCY REQUIREMENTS . . . . . . . . . . . . 24.1 A.Authority and Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.1 B.Definitions of Terms Used in This Section . . . . . . . . . . . . . . . . . . . . . . . . . . 24.1 C.Applicability and Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.2 1. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.2 2. Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.2 D.Concurrency Review Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.2 1. Test Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.2 2. Written Finding Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.2 3. Failure of Test . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.2 E.Transferability of Written Finding of Concurrency . . . . . . . . . . . . . . . . . . . . . 24.2 F.Expiration of Written Finding of Concurrency . . . . . . . . . . . . . . . . . . . . . . . . 24.3 G.Reconsideration of Concurrency Test . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 1. Notification Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 2. Reconsideration Authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 3. Timing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 4. Options to Achieve Concurrency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 5. One Hundred Twenty (120) Day Time Limit Suspended . . . . . . . . . . . . . . . 25 H.Appeal of Project Application Denial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 I.Concurrency Inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 4-6-080 WATER SERVICE STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 A.Compliance Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 1. Building Section Responsibility for Report to Engineer . . . . . . . . . . . . . . . . 26 B.Connection without Permission Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 C.Connection to Water Main Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 1. Utilities Engineer Maintenance Responsibility . . . . . . . . . . . . . . . . . . . . . . . 26 a. Connection Required Prior to Street Paving . . . . . . . . . . . . . . . . . . . . . 26 b. City Notification of Requirement to Connect . . . . . . . . . . . . . . . . . . . . . 26 c. Failure to Connect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 D.Separate Water Service Connections Required . . . . . . . . . . . . . . . . . . . . . . . . 26 E.Alternative Water Service Connection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 F.Water Use for Construction Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 G.Supervision Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 H.Private Water Pipe Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 1. Acceptable Pipe Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 2. Minimum Pipe Size . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 3. Minimum Pipe Installation Depth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 4. Minimum Pressure Tolerance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 5. Sterilization Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 6. General Design Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 I.Meter Size . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 J.Permit Required for Meter Removal or Re-installation . . . . . . . . . . . . . . . . . . . 27 SECTION PAGE NUMBER NUMBER 6 - vii (Revised 5/18) K.Installation of Service Prior to Completion of Street Construction . . . . . . . . . . . 28 4-6-090 UTILITY LINES – UNDERGROUND INSTALLATION . . . . . . . . . . . . . . . . . . 28 A.Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 B.Administering and Enforcing Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 C.Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 D.Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 E.Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 1. Permit Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 2. Fees Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 3. As-Built Plans Required for Underground Projects . . . . . . . . . . . . . . . . . . . 29 F.Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 1. Standards Applicable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 2. Coordination with Other Facilities Required . . . . . . . . . . . . . . . . . . . . . . . . 29 3. Wheel Load Requirements – Minimum . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 4. Grading of Streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 5. Joint Trenches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 a. Delay of Permit Issuance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 b. Provision for Joint Services Across Public Right-of-Way Required . . . . 30 c. Responsibility for Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 6. Standards for Above-Ground Installations . . . . . . . . . . . . . . . . . . . . . . . . . . 30 7. Standards for Above-Grade Pole Line Installations . . . . . . . . . . . . . . . . . . . 30 G.Variances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 H.Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 I.Violations of this Section and Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 4-6-100 DEFINITIONS OF TERMS USED IN THIS CHAPTER . . . . . . . . . . . . . . . . . . 30 4-6-110 VIOLATIONS OF THIS CHAPTER AND PENALTIES . . . . . . . . . . . . . . . . . . 33 4-6-020C 6 - 1 (Revised 3/13) 4-6-010 GENERAL STANDARDS APPLICABLE TO DEVELOPER EXTENSIONS TO THE UTILITY SYSTEM: A. CONDITIONS AND STANDARDS FOR CONSTRUCTING UTILITY EXTENSIONS: The City’s Utility Division shall publish from time to time a “Conditions and Standards for Con- structing Utility Developer Extensions”. All devel- oper extensions shall abide and fully comply with said Standards. From time to time these Stan- dards shall be updated in accordance with the “Standard Specifications for Municipal Public Works Construction of the American Public Works Association”, “Recommended Standards for Sewage Work”, the American Water Works Association (AWWA) Standards, Insurance Ser- vices Office (ISO) requirements, the American Public Works Association (APWA) Standards and with prevailing good practices relative to such ex- tension and installations. (Ord. 3056, 8-9-1976 and Ord. 3055, 8-9-1976, eff. 7-1-1976) B. MAINS TO EXTEND FULL WIDTH OF PROPERTY: All extensions shall extend to and across the full width of the property served with water and sewer. No property shall be served with City wa- ter or sewer unless the main is extended to the extreme boundary limit of said property line ex- tending full length of the front footage of said property. (Ord. 2849, 5-13-1974) 1. Special Exception for Sanitary Sewer Extensions: All installations shall extend to and across the full width of the property served with sanitary sewer except when it is shown by engineering methods, to the satis- faction of the wastewater utility, that future ex- tension of the sewer main is not possible or necessary. If an exemption is granted, the property owner is not relieved of the respon- sibility to extend the main and shall execute a covenant agreeing to participate in an exten- sion if, in the future, the wastewater utility de- termines that it is necessary. (Ord. 4343, 2-3-1992) C. OVERSIZING OF UTILITIES AND REIMBURSEMENT BY CITY: If it has been determined that it would be to the best interests of the City and the general locality to be benefited thereby to install a larger size main than one then needed or considered by the subdivider, owners or developers immediately abutting upon the street, alley or easement in which such a main is to be placed, then the City may, at its discretion, require the installation of such a larger sized main in which case the City shall pay the increased difference in cost between the installation cost of the similar main and of the larger main. (Ord. 2849, 5-13-1974) Any party required to oversize utilities may re- quest that utility participate in the cost of the project. (Ord. 4506, 4-10-1995 and Ord. 4415, 8-16-1993) 4-6-020 CROSS CONNECTION CONTROL STANDARDS: A. PURPOSE: 1. National standards of safe drinking water have been established. The City, as a water purveyor, has the primary responsibility for preventing water from unapproved sources, or any other substances, from entering the public potable water system. (Ord. 4312, 5-13-1991) 2. This Section is to protect the health of the water consumer and the potability of the wa- ter in the distribution system. This is accom- plished by eliminating or controlling all actual (direct) and potential (indirect) cross connec- tions between potable and nonpotable sys- tems through the use of approved backflow prevention assemblies. B. APPLICABILITY: This Chapter applies throughout the water ser- vice area of the City. It applies to all systems in- stalled prior to or after its enactment. Therefore, anyone wanting or using water from the City is re- sponsible for compliance with these regulations and shall be strictly liable for all damage incurred as a result of failure to comply with the express terms and provisions contained herein. C. AUTHORITY: The Public Works Administrator will administer the provisions of the Chapter. The Administrator will designate cross connection specialists and propound all needful rules and regulations to im- plement these provisions. The Water Utility Sec- tion of the Utility Systems Division will be responsible for monitoring and inspecting all ex- 4-6-020D (Revised 3/13)6 - 2 isting cross connection assemblies and for keep- ing all records generated by the cross connection control program. The Plan Review Section of the Development Services Division of the Depart- ment of Community and Economic Development will be responsible for reviewing all new and re- vised plans for cross connections. (Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012) D. INSTALLATION OF BACKFLOW PREVENTION ASSEMBLIES: Backflow prevention assemblies required by this Chapter must be installed so as to be readily ac- cessible for maintenance and testing. All assem- blies shall be connected at the meter, the property line when meters are not used, or within any pre- mises where, in the judgment of the City Cross Connection Control Specialist, the nature and ex- tent of activity on the premises or the materials used or stored on the premises could present a health hazard should a cross connection occur. This includes: 1. Premises having an auxiliary water sup- ply. 2. Premises having internal cross connec- tions that are not correctable, or intricate plumbing arrangements which make it im- practical to ascertain whether or not cross connections exist. 3. Premises where entry is restricted so that inspections for cross connections cannot be made with sufficient frequency or at sufficient short notice to assure that cross connections do not exist. 4. Premises having a repeated history of cross connections being established or re-es- tablished. 5. Premises on which any substance is han- dled under pressure so as to permit entry into the public water system, or where a cross connection could reasonably be expected to occur. This includes the handling of process waters and cooling waters. 6. Premises where materials of a toxic or hazardous nature are handled such that if backsiphonage should occur, a health hazard may result. 7. Hospitals, mortuaries, clinics. 8. Laboratories. 9. Piers and docks. 10. Sewage treatment plants. 11. Food or beverage processing plants. 12. Chemical plants using a water process. 13. Metal plating industries. 14. Petroleum processing or storage plants. 15. Radioactive material processing plants or nuclear reactors. 16. Car washes. 17. Process waters or cooling towers. 18. Fire sprinkler systems. 19. Irrigation systems. 20. Solar hot water systems. 21. Others specified by the Administrator. (Ord. 5676, 12-3-2012) E. TYPES OF BACKFLOW PREVENTION ASSEMBLIES REQUIRED: Specific types of backflow prevention assemblies are required in the following conditions: 1. An air-gap separation or reduced princi- ple backflow prevention assembly shall be in- stalled where the water supply may be contaminated by industrial waste of a toxic nature or any other contaminant which would cause a health or system hazard. 2. An air gap must be used between a pota- ble water supply and sewer connected wastes. 3. Lawn sprinkler or irrigation systems, which are supplied by City water only, shall be required to have a pressure vacuum breaker. If such system contains an auxiliary pump or is subject to chemical additives a double-check valve assembly, air-gap sepa- ration or a reduced pressure principle back- flow prevention assembly will be required. 4-6-020G 6 - 3 (Revised 3/17) F. RESPONSIBILITIES OF OWNER AND UTILITY: 1. Water Utilities Section: a. The Water Utilities Section will per- form evaluations and inspections of plans/or premises of all existing facilities and inform the owner, by letter, of any corrective action deemed necessary, the method of achieving the correction and the time allowed for the correction to be made. b. The Water Utilities Section shall in- sure that all backflow prevention assem- blies are tested annually to insure satisfactory operation. c. The Water Utilities Section shall in- form the owner, by letter, of any failure to comply by the time of the first reinspec- tion. An additional fifteen (15) days will be allowed for the correction. In the event the owner fails to comply with the neces- sary correction by the time of the second reinspection, the Water Utilities Section will inform the owner, by letter, that the water service to the owner’s premises will be terminated within a period not to ex- ceed five (5) days. d. If the Water Utilities Section deter- mines at any time that a serious threat to the public health exists, the water service will be terminated immediately and with- out notice. 2. Plan Review Section: On new installa- tions the Plan Review Section will provide on- site evaluation and/or inspection of plans in order to determine if cross connections exist and what type of backflow preventer, if any, will be required before a water meter permit can be issued. 3. Owner: a. The owner shall be responsible for the elimination or protection of all cross connections on his property. b. The owner, whether notified by the City or not, shall at his expense install, maintain and have tested by a certified tester any and all backflow preventers on his premises. c. The owner shall return to the City the assembly test reports within thirty (30) days after receipt of the yearly test notifi- cation. d. The owner shall inform the Water Utilities Section of any proposed or mod- ified cross connections. e. Owners who cannot shut down oper- ation for testing of assemblies must pro- vide bypass piping with an additional backflow assembly at their expense. f. The owner shall only install backflow preventers which are approved by the Washington State Department of Health. g. The owner shall install backflow pre- venters only in a manner approved by the Washington State Department of Health. h. The owner may be required to install a backflow preventer at the service en- trance if a private water source is main- tained on his premises, even if it is not cross connected to the City’s system. i. Failure of the owner to cooperate in the installation, maintenance, repair, in- spection and testing of backflow pre- venters required by this Section shall be grounds for the termination of water ser- vice or the requirements of an air-gap separation. G. ANNUAL INSPECTION AND TESTING REQUIREMENTS: All reduced pressure principle backflow assem- blies, double check valve assemblies, pressure vacuum breaker assemblies and air gaps in- stalled in lieu of a backflow preventer shall be in- spected and tested annually, or more often when successive inspections indicate failure. All in- spections and testing will be performed by a cer- tified tester. The test reports shall be returned to the City within thirty (30) days after receipt of the yearly test notification. (Ord. 4312, 5-13-1991) 4-6-030A (Revised 3/17)6 - 4 4-6-030 DRAINAGE (SURFACE WATER) STANDARDS: A. PURPOSE: 1. The purpose of this Section is to preserve the City’s watercourses by minimizing water quality degradation from siltation, sedimenta- tion and pollution of creeks, streams, rivers, lakes and other bodies of water, protect prop- erty from increased runoff rates, and to en- sure public safety. 2. It shall also be the purpose of this Section to reduce flooding, erosion, and sedimenta- tion; prevent and mitigate habitat loss; en- hance groundwater recharge; and prevent water quality degradation through permit re- view, construction inspection, enforcement, and maintenance of drainage facilities/sys- tems. 3. It shall also be the purpose of this Section to regulate the Municipal Separate Storm Sewer System (MS4) regarding the contribu- tion of pollutants, consisting of any material other than stormwater, including but not lim- ited to illicit discharges, illicit connections and/or dumping into any storm drain system, including surface and/or groundwater throughout the City that would adversely im- pact surface and groundwater quality of the City and the State of Washington, in order to comply with requirements of the National Pol- lutants Discharge Elimination System (NP- DES) Phase II Municipal Stormwater Permit. 4. It shall also be the purpose of this Section to create attractive and functional drainage facilities that do not reduce public safety. (Ord. 5526, 2-1-2010; Ord. 5749, 1-12-2015) B. ADMINISTERING AND ENFORCING AUTHORITY: The Administrator of the Public Works Depart- ment is responsible for the general administration and coordination of this Section. All provisions of this Section shall be enforced by the Administra- tor or his or her designated representatives. (Ord. 5526, 2-1-2010) C. ADOPTION OF SURFACE WATER DESIGN MANUAL: The 2016 King County, Washington, Surface Wa- ter Design Manual as amended by the City of Renton Amendments to the King County Surface Water Design Manual, dated December 12, 2016, is adopted by reference and referred to hereafter as the Surface Water Design Manual. The Sur- face Water Design Manual shall be filed with the City Clerk and available for viewing on the City’s website. (Ord. 5526, 2-1-2010; Ord. 5749, 1-12- 2015; Ord. 5828, 12-12-2016) D. REVIEW REQUIRED: Drainage review is required when any proposed project is subject to a City of Renton development permit or approval and: 1. Would result in two thousand (2,000) square feet or more of new impervious sur- face, replaced impervious surface or new plus replaced impervious surface; or 2. Would involve seven thousand (7,000) square feet of land disturbing activity; or 3. Would construct or modify a drainage pipe or ditch that is twelve inches (12") or more in size or depth or receives surface or stormwater runoff from a drainage pipe or ditch that is twelve inches (12") or more in size or depth; or 4. Contains or is abutting a critical area des- ignation, defined and regulated in RMC 4-3-050; or (Ord. 5676, 12-3-2012) 5. Is a single family residential development that would result in new impervious surface, replaced impervious surface or new plus re- placed impervious surface. (Ord. 5526, 2- 1-2010; Ord. 5828, 12-12-2016) E. DRAINAGE REVIEW: 1. Scope of Review: The drainage review for any proposed project shall be scaled to the scope of the project’s size, type of devel- opment and potential for stormwater impacts to the surface water and groundwater to facil- itate the preparation and review of project ap- plications. If drainage review for a proposed project is required, the City shall determine which of the following drainage reviews apply as specified in the Surface Water Design Manual: a. Simplified drainage review (also known as small project drainage review); 4-6-030F 6 - 5 (Revised 3/17) b. Targeted drainage review; c. Directed drainage review; d. Full drainage review; e. Large project drainage review. 2. Core Requirements: A proposed project required to have drainage review must meet each of the following core requirements which are described in detail in the Surface Water Design Manual. Projects subject only to small project drainage review (also known as residential building permit drainage re- view) that meet the small project drainage re- quirements specified in the Surface Water Design Manual, including flow control best management practices, erosion and sedi- ment control measures, and drainage plan submittal requirements are deemed to com- ply with the following core requirements: a. Core Requirement No. 1: discharge at the natural location; b. Core Requirement No. 2: off-site analysis; c. Core Requirement No. 3: flow control facilities; d. Core Requirement No. 4: convey- ance system; e. Core Requirement No. 5: construc- tion stormwater pollution prevention; f. Core Requirement No. 6: mainte- nance and operations; g. Core Requirement No. 7: financial guarantees and liability; h. Core Requirement No. 8: water qual- ity facilities; and i. Core Requirement No. 9: flow control BMPs. 3. Special Requirements: A proposed project required to have drainage review shall meet any of the following special require- ments which apply to the site and which are described in detail in the Surface Water De- sign Manual. The City shall verify if a pro- posed project is subject to and must meet any of the following special requirements: a. Special Requirement No. 1: other area specific requirements; b. Special Requirement No. 2: flood hazard delineation; c. Special Requirement No. 3: flood protection facilities; d. Special Requirement No. 4: source control; e. Special Requirement No. 5: oil con- trol; and f. Special Requirement No. 6: aquifer protection area. (Ord. 5526, 2-1-2010; Ord. 5645, 12-12-2011; Ord. 5828, 12- 12-2016) F. CREATION OF TRACTS AND/OR EASEMENTS: 1. Method of Creation for City-Main- tained Facility for New Residential Subdi- visions with Drainage Facilities That Collect Public Runoff: New residential sub- divisions shall place stormwater flow control and water quality treatment ponds, vaults and other similar drainage facilities, along with the required perimeter landscaping, in a storm- water tract that is granted and conveyed with all ownership and maintenance obligations (excluding maintenance of the drainage facil- ities) to the subdivision’s lot owners, their as- signs, heirs, and successors. An easement under and upon said tract shall be dedicated to the City for the purpose of operating, main- taining, improving, and repairing the drainage facilities contained in the stormwater tract. Only the chain link fence (if required by sub- section G of this Section), flow control, water quality treatment and conveyance facilities will be considered for formal acceptance and maintenance by the City; maintenance of all other improvements and landscaping in said stormwater tract shall be the responsibility of the tract owner(s). a. Covenants, Conditions and Re- strictions: Covenants, conditions and restrictions, which are approved by the Administrator, shall be recorded with the 4-6-030G (Revised 3/17)6 - 6 King County Recorder’s Office prior to or concurrent with recording the plat. The applicant shall provide a copy of the re- corded document. These covenants shall specify, at a minimum, the following: i. Ownership, maintenance, and re- pair for the commonly owned tract, landscaping, and facilities (excluding maintenance of the drainage facili- ties); and ii. No modification of the tract or landscaping within the tract shall be allowed without the City’s prior writ- ten approval. iii. These covenants shall be irrevo- cable and binding on all the property owners, including their assigns, heirs, and successors. (Ord. 5828, 12-12-2016) b. Stormwater Easement: A stormwa- ter easement shall be granted and con- veyed to the City of Renton for the purpose of conveying, storing, managing and facilitating storm and surface water. The easement shall grant the City the right to enter said stormwater easement for the purpose of inspecting, operating, maintaining, improving, and repairing the drainage facilities in the stormwater tract. 2. Method of Creation for Privately Main- tained Facility: As determined by the City, other types of new development shall create stormwater facilities either within an ease- ment or within a tract not dedicated to City. In the case of a tract, the developer and succes- sors shall own the tract and associated devel- opment site with an equal and undivided interest. 3. Method of Creation for Other Develop- ments: As determined by the City, the City may take over maintenance of the drainage facilities located within either an easement to the City or within a tract owned by the devel- oper and his successors in ownership to- gether with an easement to the City. (Ord. 5749, 1-12-2015) G. ADDITIONAL REQUIREMENTS FOR FENCING AND LANDSCAPING: 1. Landscaping: Landscaping shall be consistent with the provisions of Section 5.3 of the Surface Water Design Manual, except that within the City of Renton, landscaping of drainage facilities is not optional; it is re- quired. Additionally, landscaping shall comply with the requirements of RMC 4-4-070F8, Storm Drainage Facilities. 2. Fencing around New or Expanded Storm Drainage Ponds and Signage Re- quired: All flow control and water quality treatment ponds and similar facilities, as de- termined by City, shall be fenced with a six- foot (6') tall chain link fence and access gate(s). Fencing is required immediately out- side each new stormwater flow control and/or water quality treatment pond and other simi- lar facilities, as determined by City. For storm- water ponds, the fence shall be placed at the top of the berm with the maintenance access road on the inside of the fence; or five feet (5') minimum from top of berm if there is no main- tenance access road to allow access for proper maintenance of the facility. The chain link fence shall be coated with black or green bonded vinyl and installed as determined by the City between the facility and the required landscaping. Unless other- wise determined by the City, the fence gate must be posted with a twelve-inch (12") by eighteen-inch (18") “No Trespassing” sign. Cedar or other fencing materials may be in- stalled only if the stormwater facility is a pri- vately maintained facility that is owned and operated by the owner(s) of the tract. (Ord. 5828, 12-12-2016) 3. Maintenance of Existing Facilities Re- quired: Owners of existing drainage facilities not maintained by the City are required to continue to maintain existing landscaping and fencing. Replacement of deteriorated fencing and failed plantings is required. (Ord. 5749, 1-12-2015) H. REQUIREMENTS FOR DRAINAGE REVIEW: All persons applying for drainage review as spec- ified in subsection E1 of this Section shall submit 4-6-030J 6 - 7 (Revised 5/18) to the Development Services Division all engi- neering plans for review in accordance with the Surface Water Design Manual. The drainage plan and supportive calculation report(s) shall be stamped by a professional civil engineer regis- tered and licensed in the State of Washington. (Ord. 5526, 2-1-2010; Ord. 5749, 1-12-2015) I. ADOPTION OF STORMWATER POLLUTION PREVENTION MANUAL: The April 2016 King County Stormwater Pollution Prevention Manual, hereby referred to as the Stormwater Pollution Prevention Manual, is hereby adopted by reference. One copy of the manual shall be filed with the City Clerk. (Ord. 5526, 2-1-2010; Ord. 5749, 1-12-2015; Ord. 5828, 12-12-2016) J. DISCHARGE PROHIBITION: 1. Prohibition of Illicit Discharge: Materi- als, whether or not solids or liquids, other than surface water and stormwater shall not be spilled, leaked, emitted, discharged, dis- posed or allowed to escape into the storm sewer and/or drain system, surface water, groundwater, or watercourses. a. Examples of illicit discharge include but are not limited to the following: i. Trash, debris or garbage; ii. Construction materials or waste- water; iii. Petroleum products, including but not limited to oil, gasoline, greases, fuel oil or heating oil; iv. Antifreeze, brake fluid, wind- shield cleaner and other automotive products; v. Metals in either particulate or dis- solved form; vi. Flammable or explosive materi- als or substances; vii. Radioactive materials; viii. Acids or batteries of any kind; ix. Alkalis or bases; x. Paints, stains, resins, lacquers, or varnishes; xi. Degreasers, solvents or chemi- cals used in laundries or dry clean- ers; xii. Drain cleaners; xiii. Pesticides, herbicides and fer- tilizers; xiv. Steam cleaning wastes; xv. Soaps, detergents, ammonias; xvi. Swimming pool or spa cleaning wastewater and filter backwash con- taining water disinfectants (chlorine, bromine, or other chemicals); xvii. Heated water; xviii. Domestic animal waste; xix. Sewage; xx. Recreational vehicle wastewa- ter or sewage; xxi. Animal carcasses; xxii. Food waste; xxiii. Bark and other fibrous mate- rial; xxiv. Collected lawn clippings, leaves, branches or other yard waste material; xxv. Silt, sediment or gravel; xxvi. Dyes, except as stated in sub- section J1bxiii of this Section; xxvii. Chemicals not normally found in uncontaminated water; xxviii. Wastewater or process water (including filtered or purified); xxix. Any pollution or contaminant as referenced in the Stormwater Pol- lution Prevention Manual; and 4-6-030J (Revised 5/18)6 - 8 xxx. Any hazardous material as de- fined in RMC 4-11-080, or waste not listed above and any other process- associated discharge except as oth- erwise allowed in this Section. (Ord. 5828, 12-12-2016) b. Allowable Discharges: The follow- ing types of discharges shall not be con- sidered illicit discharges by this Section unless the Administrator evaluates and determines that the type of discharge, whether singly or in combination with oth- ers, is causing or is likely to cause signif- icant pollution of surface water or groundwater: i. Diverted stream flows; ii. Spring water; iii. Rising groundwater; iv. Uncontaminated groundwater infiltration (as defined in 40 CFR 35.2005(b)(20)); v. Uncontaminated pumped groundwater; vi. Foundation and footing drains; vii. Uncontaminated water from crawl space pumps; viii. Air conditioning condensation; ix. Flows from riparian habitats and wetlands; x. Discharges from emergency fire fighting activities in accordance with the Western Washington Phase II Municipal Stormwater Permit Section S2, Authorized Discharges; xi. Discharges specified in writing by the authorized enforcement agency as being necessary to pro- tect public health and safety; xii. Irrigation water from an agricul- tural source that is commingled with stormwater runoff; xiii. Storm system dye testing is al- lowable, but requires verbal notifica- tion to the Public Works Department at least one day prior to the date of the test. The City is exempt from this requirement; xiv. Non-stormwater discharges authorized by another NPDES or State Waste Discharge Permit. (Ord. 5828, 12-12-2016) c. Conditionally Allowable Dis- charges: These discharges are allowed if the stated conditions are met, unless the Administrator determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause significant pollution to sur- face water or groundwater: i. Discharges from potable water sources, including but not limited to water line flushing, hyperchlorinated water line flushing, fire hydrant sys- tem flushing, and pipeline hydrostatic test water. Planned discharges shall be dechlorinated to a total residual chlorine concentration of 0.1 ppm or less, pH-adjusted, if necessary, and volumetrically and velocity controlled to prevent resuspension of sedi- ments into the MS4; ii. Discharges from lawn watering and other irrigation runoff. These dis- charges shall be minimized through, at a minimum, public education activ- ities and water conservation efforts; iii. Dechlorinated swimming pool, spa, and hot tub discharges. The dis- charges shall be dechlorinated to a total residual chlorine concentration of 0.1 ppm or less, pH-adjusted and reoxygenized if necessary, volumet- rically and velocity controlled to pre- vent resuspension of sediments in the MS4. Discharges shall be ther- mally controlled to prevent an in- crease in temperature of the receiving water. Swimming pool cleaning wastewater and filter back- wash shall not be discharged to the MS4; 4-6-030J 6 - 9 (Revised 5/18) iv. Street and sidewalk wash water, water used to control dust, and rou- tine external building washdown that does not use detergents. The dis- charges shall be minimized through, at a minimum, public education activ- ities and/or water conservation ef- forts; v. Non-stormwater discharge per- mitted under another NPDES permit; provided, that the discharge is in full compliance with all requirements of the permit, waiver, or other applica- ble requirements and regulations; vi. Other non-stormwater dis- charges. The discharges shall be in compliance with the requirements of a pollution prevention plan reviewed by the City/Administrator or desig- nee, which addresses control of such discharges. d. A person does not violate this sub- section J if: i. That person has properly de- signed, constructed, implemented and is maintaining BMPs as required by this Chapter and Section, but con- taminants continue to enter surface and stormwater and underground water; ii. That person can demonstrate that there are no additional contami- nants in discharges from the site above the background conditions of water entering the site; iii. The discharge is a result of an emergency response activity or other action that must be undertaken im- mediately or within a time too short to allow full compliance with this Chap- ter or Section in order to avoid an im- minent threat to public health or safety. The Administrator by public rule may specify actions that qualify for this exemption in City procedures. A person undertaking emergency re- sponse activities shall take steps to assure that the discharges resulting from such activities are minimized. In addition, this person shall evaluate BMPs to restrict recurrence. e. Any person who knowingly allows or permits any prohibited discharges, as set forth in this subsection J or the Stormwa- ter Pollution Prevention Manual, through illicit connections, dumping, spills, im- proper maintenance of BMPs or other discharges, that allow contaminants to enter surface and stormwater or ground- water, shall be in violation of this Section. 2. Prohibition of Illicit Connections: The construction, use, maintenance or continued existence of any connection identified by the Administrator, that may convey any pollution or contaminants or anything not composed entirely of surface water and stormwater, di- rectly into the MS4, is prohibited, including without limitation, existing illicit connections regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (Ord. 5676, 12-3-2012) 3. Remedy: a. The person and/or property owner responsible for an illicit connection and/or illicit discharge shall initiate and complete all actions necessary to remedy the ef- fects of such connection or discharge at no cost to the City. b. If the person responsible for an illicit connection or illicit discharge and/or the owner of the property on which the illicit connection or illicit discharge has oc- curred fails to address the illicit connec- tion or illicit discharge in a timely manner, the Administrator shall have the authority to implement removal or remedial actions following lawful entry upon the property. Such actions may include, but not be lim- ited to: installation of monitoring wells; collection and laboratory testing of water, soil, and waste samples; cleanup and disposal of the illicit discharge, and reme- diation of soil and/or groundwater. The property owner and/or other person re- sponsible for the release of an illicit dis- charge shall be responsible for any costs incurred by the Public Works Department or its authorized agents in the conduct of such remedial actions and shall be re- 4-6-030J (Revised 5/18)6 - 10 sponsible for City expenses incurred due to the illicit connection or illicit discharge, including but not limited to removal and/ or remedial actions in accordance with RMC 1-3-3. c. Compliance with this subsection shall be achieved through the implemen- tation and maintenance of best manage- ment practices (BMPs) described in the Stormwater Pollution Prevention Manual. The Administrator shall initially rely on education and informational assistance to gain compliance with this subsection, unless the Administrator determines a vi- olation poses a hazard to public health, safety, or welfare, endangers any prop- erty and/or other property owned or maintained by the City, and therefore should be addressed through immediate penalties. The Administrator may de- mand immediate cessation of illicit dis- charges and assess penalties for violations that are an imminent or sub- stantial danger to the health or welfare of persons or danger to the environment. (Ord. 5676, 12-3-2012; Ord. 5749, 1-12- 2015) 4. Elimination of Illicit Connection and/ or Illicit Discharge: a. Notice of Violation: Whenever the Administrator finds that a person has vio- lated a prohibition or failed to meet a re- quirement of this Section, he or she may order compliance by written notice of vio- lation to the property owner and/or re- sponsible person, by first class and certified mail with return receipt re- quested. Such notice may require without limitation: i. The performance of monitoring, analyses, and reporting by the viola- tor; ii. The elimination of illicit connec- tions or discharges; iii. That violating discharges, prac- tices, or operations shall immediately cease and desist; iv. The abatement or remediation of stormwater pollution or contamina- tion hazards and the restoration of any affected property; and v. The implementation of source control or treatment BMPs. Any per- son responsible for a property or premises which is, or may be, the source of an illicit discharge, may be required to implement, at said per- son’s expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system and/or waters of the State. These BMPs shall be part of a storm- water pollution prevention plan (SWPP) as necessary for compli- ance with requirements of the NP- DES permit. b. Requirement to Eliminate Illicit Connection: The Administrator shall send a written notice, sent by first class and certified mail with return receipt re- quested, to the property owner and/or the person responsible for the illicit connec- tion, informing the property owner or per- son responsible for an illicit connection to the MS4 that the connection must be ter- minated by a specified date. c. Requirement to Eliminate Illicit Discharges: The Administrator shall send a written notice, sent by first class and certified mail with return receipt re- quested, to the property owner and/or the person responsible for the illicit dis- charge, informing the property owner or person responsible for an illicit discharge to the MS4, whether it be surface water and/or groundwater, that the discharge must be terminated by a specified date. d. Sample and Analysis: When the Administrator has reason to believe that an illicit connection is resulting in an illicit discharge, the Administrator may sample and analyze the discharge and recover the cost of such sampling and analysis from the property owner or person re- sponsible for such illicit connection or dis- charge pursuant to RMC 1-3-3, as now or as hereafter may be amended, and re- quire the person permitting or maintain- ing the illicit connection and/or discharge 4-6-030L 6 - 10.1 (Revised 5/18) to conduct ongoing monitoring at that person’s expense. e. Right of Appeal from Administra- tive Decision: Any person aggrieved by an administrative decision of the Admin- istrator may appeal such decision pursu- ant to RMC 4-8-110. f. Any illicit connection and/or illicit dis- charge as set forth in this Section or the Stormwater Pollution Prevention Manual is hereby declared to be a nuisance pur- suant to RMC 1-3-3, and as defined in RMC 1-3-3B19. (Ord. 5676, 12-3-2012) 5. Reporting Requirements: a. In the event of an illicit discharge or spill of hazardous material into the storm- water drainage system or waters of the City, State of Washington or United States, said person with knowledge thereof shall immediately notify the emer- gency dispatch services (911). b. In the event of an illicit discharge of nonhazardous material into the stormwa- ter drainage system or waters of the City, State of Washington or United States, said person with knowledge thereof shall immediately notify the Public Works De- partment by phone at 425-430-7400, or in person. 6. Record Retention Required: All per- sons subject to the provisions of this Section shall retain and preserve for no less than five (5) years any records, books, documents, memoranda, reports, correspondence, and any and all summaries relating to operation, maintenance, monitoring, sampling, remedial actions and chemical analysis made by or on behalf of a person in connection with any illicit connection or illicit discharge. All records which pertain to matters which are the subject of administrative or any other enforcement or litigation activities brought by the City pursu- ant to this Code shall be retained and pre- served by the person until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. (Ord. 5526, 2-1-2010; Ord. 5749, 1-12-2015; Ord. 5828, 12-12-2016; Ord. 5873, 1-8-2018) K. REVIEW AND APPROVAL OF PLAN: 1. Process: All engineering storm drainage plans and supportive calculations shall be prepared in accordance with the Surface Wa- ter Design Manual, and submitted to the City for review and approval in connection with the associated development permits. (Ord. 5828, 12-12-2016) 2. Fees: Fees shall be as listed in the City of Renton Fee Schedule Brochure on file with the City Clerk’s Office. (Ord. 5749, 1-12- 2015) 3. Additional Information: The permit ap- plication shall be supplemented by any plans, specifications or other information consid- ered pertinent in the judgment of the Admin- istrator or designee. 4. Tests: Whenever there is insufficient ev- idence of compliance with any of the provi- sions of this Section or Code, or evidence that any material or construction does not conform to the requirements of this Section or Code, the Administrator or designee may re- quire tests as proof of compliance to be made at no expense to this jurisdiction. Test meth- ods shall be as specified by this Section or Code or by other recognized test standards. If there are no recognized and accepted test methods for the proposed alternate, the Ad- ministrator or designee shall determine test procedures. Suitable performance of the method or material may be evidence of com- pliance meeting the testing requirement. (Ord. 5526, 2-1-2010; Ord. 5749, 1-12-2015) L. BONDS AND LIABILITY INSURANCE REQUIRED: The Development Services Division shall require all persons constructing drainage facilities pursu- ant to RMC 4-6-030, except for single family res- idential lots, to post with the City of Renton a surety, cash bonds, assignment of funds or certi- fied check in the amount equal to the estimated cost of construction calculated using the Bond Quantity Worksheet as described in the Surface Water Design Manual. 1. Construction Bond: Prior to commenc- ing construction, the person constructing the drainage facility shall post a construction bond in an amount sufficient to cover the cost 4-6-030L (Revised 5/18)6 - 10.2/10.4 of conforming said construction with the ap- proved drainage plans. In lieu of a bond, the applicant may elect to establish a cash es- crow account with his bank in an amount deemed by the City of Renton to be sufficient to reimburse the City if it should become nec- 4-6-030M 6 - 10.5 (Revised 2/15) essary for the City to enter the property for the purpose of correcting and/or eliminating hazardous conditions relating to soil stability and/or erosion. The instructions to the es- crowee shall specifically provide that after prior written notice unto the owner and his failure to correct and/or eliminate existing or potential hazardous conditions and his failure to timely remedy same, the escrowee shall be authorized without any further notice to the owner or his consent to disburse the neces- sary funds to the City of Renton for the pur- pose of correcting and/or eliminating such conditions complained of. After determination by the Department that all facilities are con- structed in compliance with the approved plans, the construction bond shall be re- leased. 2. Maintenance and Defect Bond (re- quired only for those facilities to be main- tained and operated by the City of Renton): After satisfactory completion of the facilities and prior to the release of the con- struction bond by the City, the person con- structing the facility shall commence a two (2) year period of satisfactory maintenance of the facility. A cash bond, surety bond or bona- fide contract for maintenance and defects with a third-party for the duration of this two (2) year period, to be approved by the City of Renton and to be used at the discretion of the City of Renton to correct deficiencies in said maintenance affecting public health, safety and welfare, must be posted and maintained throughout the two (2) year maintenance and defect period. The amount of the cash bond or surety bond shall be in the amount equal to twenty percent (20%) of the estimated cost of construction for a two (2) year period calcu- lated using the Bond Quantity worksheet as described in the Surface Water Design Man- ual. The owner of the property shall throughout the maintenance and defect period notify the City in writing if any defect or malfunction of the drainage system has come to his or her notice. Failure to notify the City shall give the City cause to reject assumption of the main- tenance of the facility at the expiration of the two (2) year maintenance and defect period, or within one year of the discovery of the de- fect or malfunction of the drainage system, whichever period is the latest in time. 3. Liability Policy: Before a permit shall be issued for any construction, insurance will be required as follows: a. Duration and Limits: The applicant shall secure and maintain in force throughout the duration of the permit commercial general liability insurance written on an occurrence basis with limits no less than one million dollars ($1,000,000.00) for each occurrence/two million dollars ($2,000,000.00) aggre- gate. b. Additional Insured: Copies of such insurance policy or policies shall be fur- nished unto the City with a special en- dorsement in favor of the City with the City named as a primary and noncontrib- utory additional insured on the insurance policy and an endorsement stating such shall be provided to the City. c. Cancellation Notice Required: The policy shall provide that it will not be can- celed or reduced without thirty (30) calen- dar days’ advance written notice to the City. d. Waiver: Upon showing of a hardship and at the discretion of the Administrator, the insurance requirements may be re- duced or waived for single family or two (2) family residential applications. (Ord. 5526, 2-1-2010; Ord. 5645, 12-12-2011; Ord. 5749, 1-12-2015) M. MAINTENANCE OF DRAINAGE FACILITIES: 1. Drainage Facilities Accepted by the City of Renton for Maintenance: a. Responsibility for Maintenance of Accepted Facilities: The City of Renton is responsible for maintenance, including performance and operation of drainage facilities that have formally been ac- cepted by the Administrator. The City will also maintain any chain link fence sur- rounding accepted drainage facilities if the fencing is required per subsection G of this Section. All landscaped areas, wooden fencing, or fencing constructed for a purpose other than safety within the 4-6-030M (Revised 2/15)6 - 10.6 tract must be maintained by the owner(s) of the tract. b. City Assumption of Maintenance Responsibility for Existing Facilities: The City of Renton may assume mainte- nance of privately maintained drainage facilities, including the perimeter fencing, after the expiration of the two (2) year maintenance period in connection with the subdivision of land if the following conditions have been met: i. All of the requirements of subsec- tion E of this Section have been fully complied with; ii. The facilities have been in- spected and any defects or repairs have been corrected and approved by the Department prior to the end of the two (2) year maintenance period; iii. All necessary easements enti- tling the City to properly maintain the facility have been conveyed to the City; iv. The facility is constructed on a plat with public streets and located on tracts or easements dedicated to the City; and v. It is recommended by the Admin- istrator and concurred in by the City Council that said assumption of maintenance would be in the best in- terests of the City. c. Facilities Not Eligible for Transfer of Maintenance Responsibility: A drainage facility which does not meet the criteria of this subsection shall remain the responsibility of the applicant required to construct the facility and persons holding title to the property for which the facility was required. 2. Drainage Facilities Not Accepted by the City for Maintenance: a. The person or persons holding title to the property and the applicant required to construct a drainage facility shall remain responsible for the facility’s continual per- formance, operation and maintenance in accordance with the standards and re- quirements per subsection C of this Sec- tion and remain responsible for any liability as a result of these duties. This responsibility includes maintenance of a drainage facility which is: i. Under a two (2) year mainte- nance bond period; ii. Serving a private road; iii. Located within and serving only one single family residential lot; iv. Located within and serving a multi-family, commercial site, indus- trial or mixed use property site; v. Not otherwise accepted by the City for maintenance. b. A declaration of covenant as speci- fied in the Surface Water Design Manual shall be recorded. The restrictions set forth in such covenant shall include, but not be limited to, provisions for notice to the persons holding title to the property of a City determination that maintenance and/or repairs are necessary to the facil- ity and a reasonable time limit in which such work is to be completed. i. In the event that the titleholders do not effect such maintenance and/ or repairs, the City may perform such work upon due notice. The titlehold- ers are required to reimburse the City for any such work, with interest and including the cost of labor, benefits, materials, time and any other related costs or fees. The restrictions set forth in such covenant shall be in- cluded in any instrument of convey- ance of the subject property and shall be recorded with the King County Recorder’s Office. ii. The City may enforce the restric- tions set forth in the declaration of covenant provided in the Surface Water Design Manual. 3. Separate Conveyance System Re- quired for Off-Site Drainage: Drainage structures, such as vaults or ponds, must be 4-6-030O 6 - 10.7 (Revised 3/17) located within a dedicated tract. Off-site ar- eas that naturally drain onto the project site must be intercepted at the natural drainage course within the project site and conveyed in a separate conveyance system and must by- pass on-site stormwater facilities. Separate conveyance systems that intercept off-site runoff and are located on private property must be located in a drainage easement that may be dedicated to the City if the City deems it appropriate depending on the upstream tributary area. (Ord. 5745, 1-12-2015) 4. Maintenance of Landscaping and Other Improvements Located in the Drain- age Facility/Landscaping Tract: The owner(s) of the tract shall maintain the land- scaping, and other improvements installed within the tract. All improvements to the drain- age facility/landscaping tract, including land- scaping, shall require the submittal of a landscape and/or recreation plan approved by the City. 5. Other Cases: Where not specifically de- fined in this subsection, the responsibility for performance, operation and maintenance of drainage facilities and conveyance systems shall be determined on a case-by-case basis. (Ord. 5526, 2-1-2010; Ord. 5645, 12-12-2011; Ord. 5749, 1-12-2015) N. RETROACTIVITY RELATING TO CITY MAINTENANCE OF SUBDIVISION FACILITIES: If any person constructing drainage facilities pur- suant to this Section and/or receiving approval of drainage plans prior to the effective date of the or- dinance codified in this Section reassesses the facilities and/or plans so constructed and/or ap- proved and demonstrates, to the Administrator’s satisfaction, total compliance with the require- ments of this Section, the City may, after inspec- tion, approval and acknowledgment of the proper posting of the required bonds as specified in sub- section L of this Section, assume maintenance of the facilities. (Ord. 5526, 2-1-2010; Ord. 5749, 1- 12-2015) O. INSPECTION, INVESTIGATION AND SAMPLING: The Administrator may lawfully enter property to inspect drainage facilities. 1. The Administrator shall be permitted to lawfully enter and inspect sites subject to reg- ulation under this Chapter as often as may be necessary to determine compliance with the requirements of the regulations, at all reason- able hours for the purpose of inspections, samplings or records examination. The Ad- ministrator shall have the right to set up on the property necessary devices to conduct sampling, inspection, compliance monitoring, and/or metering actions. 2. If the premises or portion thereof is occu- pied, the Administrator shall first make a rea- sonable effort to locate the owner or other person having charge or control of the prem- ises or portion thereof and seek entry. Proper ingress and egress shall be provided to the Administrator. 3. The Administrator shall notify the respon- sible party in writing of failure to comply with this access requirement. The responsible party shall respond and comply with a lawful request for entry within seven (7) days from the receipt of notification. The Administrator may use all legal means to order the work re- quired completed or otherwise address the cause of improper access including, but not limited to, performing emergency work or ob- taining a warrant of abatement. The obliga- tion for the payment of all costs that may be incurred or expended by the City in causing the work to be done shall thereby be imposed on the person holding title to the subject prop- erty. 4. If the responsible party fails to maintain the facilities, the Administrator may take such actions as may be required to enforce the provisions of this section. 5. Within thirty (30) days of receiving an in- spection report from the City, the property owner or operator shall file with the City a plan and time schedule to implement any re- quired modifications to the site or to the mon- itoring plan needed to achieve compliance with the intent of this section. This plan and time schedule shall also implement all of the recommendations of the City. (Ord. 5828, 12- 12-2016) 4-6-030P (Revised 3/17)6 - 10.8 P. ADJUSTMENT: 1. An adjustment to the requirements con- tained in this Section or other requirements in the Surface Water Design Manual may be proposed. The resulting development shall be subject to all of the remaining terms and conditions of this section and the adjustment shall: a. Produce a compensating or compa- rable result in the public interest; and b. Meet the objectives contained in this Section of safety, function, appearance, environmental protection and maintain- ability based upon sound engineering judgment. 2. Requests for adjustments that may con- flict with the requirements of any other City departments shall require review and concur- rence with that department. 3. A request for an adjustment shall be pro- cessed in accordance with the procedures specified in the Surface Water Design Man- ual. 4. The applicant may appeal an adjustment decision by following the appeal procedures as specified in the Surface Water Design Manual per RMC 4-8-110. (Ord. 5526, 2-1-2010; Ord. 5749, 1-12-2015; Ord. 5828, 12-12-2016) Q. VARIANCE: 1. If complying with the Surface Water De- sign Manual will deny all reasonable use of a property, a variance to the requirements in the Surface Water Design Manual may be re- quested from the Community and Economic Development Administrator or designee in accordance with the variance process de- fined in the Surface Water Design Manual and RMC 4-9-250. 2. A request for a variance shall be pro- cessed in accordance with RMC 4-9-250. (Ord. 5526, 2-1-2010; Ord. 5749, 1-12-2015; Ord. 5828, 12-12-2016) R. SEVERABILITY: If any provision, subsection, sentence, clause or phrase of this Section or the application thereof to any person or circumstances is held invalid, the remaining portions of this Section and the appli- cation of such provisions to other persons or cir- cumstances shall not be affected thereby. (Ord. 5526, 2-1-2010; Ord. 5749, 1-12-2015; Ord. 5828, 12-12-2016) S. VIOLATIONS OF THIS SECTION AND PENALTIES: A violation of any of the provisions of this Section shall be a civil infraction pursuant to RMC 1-3-2. See also RMC 4-6-110. (Ord. 3174, 11-21-1977; Ord. 4269, 5-21-1990; Ord. 4351, 5-4-1992; Ord. 4367, 9-14-1992; Ord. 4722, 5-11-1998; Ord. 4740, 7-19-1999; Ord. 4851, 8-7-2000; Ord. 5132, 4-4-2005; Ord. 5153, 9-26-2005; Ord. 5159, 10-17-2005; Ord. 5450, 3-2-2009; Ord. 5478, 8-3-2009; Ord. 5526, 2-1-2010; Ord. 5749, 1-12-2015; Ord. 5828, 12- 12-2016) 4-6-040 SANITARY SEWER STANDARDS: A. CONNECTION TO CITY SEWER REQUIRED: The owner of each house, building or property used for human occupancy, employment, recre- ation or other purpose, situated within the City and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the City which said public sewer is within three hundred thirty feet (330') of the property line and which has been determined to be a health hazard by the City or the Seattle-King County Health De- partment, or its successor agencies, or which has participated and been included in a local improve- ment district, is hereby required at the owner’s ex- pense to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this Chapter, within ninety (90) days after the date of official notice to do so. 1. Exception for Connection to Private Sewage System: Where a public sanitary or combined sewer is not available under the provisions of this Chapter, the building sewer 4-6-040A 6 - 10.9 (Revised 3/17) shall be connected to a private sewage dis- posal system complying with the provisions of this Section. (Ord. 4343, 2-3-1992) (Revised 3/17)6 - 10.10 This page left intentionally blank. 4-6-040E 6 - 11 (Revised 8/08) B. RESPONSIBILITY FOR SEWER MANAGEMENT FACILITIES: Any facility improvements identified by the current adopted long-range wastewater management plan (comprehensive sewer system plan) that are not installed or in the process of being installed must be constructed by the property owner(s) or developer(s) desiring service. (Ord. 4343, 2-3-1992) C. SERVICE OUTSIDE OF CITY: 1. Sewer service to properties outside the City’s corporate limits will not be permitted except under the following conditions: a. Public Entity: The applicant is a mu- nicipal or quasi-municipal corporation in- cluding a school, hospital or fire district, County of King or similar public entity; or b. Necessary Service: Service is nec- essary to convert from a failed or failing septic system or the area has been de- fined by the Seattle-King County Health Department as a health concern area; or c. Vested Service: Those properties for which the City has granted a valid sewer availability certificate prior to the effective date of the ordinance codified in this subsection and the project has a cur- rent vested right to build; or d. In the City’s Sewer Service Area, Existing Legal Lot(s) Desiring to Con- struct One Single-Family Residence or Connect One Existing Single-Fam- ily Residence: The Administration may approve the connection of one existing single-family residence on an existing le- gal lot. 2. Potential Annexation Area: The owner(s) of property in Renton’s Potential An- nexation Area shall, prior to connecting to the sewer, execute a covenant running with the land by which the owners, their heirs, succes- sors, or assigns are obligated to affirmatively support any legal and constitutional method of annexation. 3. Rates: The rates to such special users shall be as stipulated in RMC 8-5-15. (Ord. 4467, 8-22-1994; Amd. Ord. 4677, 8-4-1997; Ord. 4907, 6-4-2001; Ord. 4969, 6-3-2002; Ord. 4981, 8-5-2002; Ord. 5002, 2-10-2003; Ord. 5123, 1-3-2005; Ord. 5391, 6-16-2008) D. USE OF SEPTIC TANKS, PRIVIES OR CESSPOOLS: Except as hereinafter provided, it shall be unlaw- ful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. (Ord. 2173, 8-16-1965) E. PERMIT REQUIRED FOR CONNECTION TO CITY SEWER: No unauthorized person shall uncover, make any connections with or openings into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the De- velopment Services Division. 1. Connection Approval Options: Per- mission to make connection to the public sewer shall consist of either: a. A developer extension agreement, wherein permission is granted to make an extension to a public sewer, or b. A building sewer permit, wherein per- mission is granted to make a connection from private property to a public sewer. A building sewer permit shall include per- mission to construct a side sewer when- ever it is required to complete connection. 2. Permit Classes: There shall be three (3) classes of building sewer permits: a. For residential service; b. For commercial service; and c. For industrial service. (Ord. 3832, 8-13-1984) 3. Submittal Requirements and Applica- tion Fees: In each case the owner or his duly authorized agent or representative shall make application in writing on a special form furnished by the City for said purposes. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Development Services Division. The permit 4-6-040F (Revised 8/08)6 - 12 and inspection fees shall be as listed in RMC 4-1-180. F. PUBLIC SEWER STANDARDS: 1. Costs and Damages: All costs and ex- pense incident to the installation and connec- tion of the building sewer shall be borne by the owner or applicant of the premises in question. The owner shall indemnify the City against any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. (Ord. 1552, 6-12-1956) 2. Standards: Public sewers shall conform to the latest standards of the City, as adopted by City Code, and to the “Recommended Standards for Sewage Works” of the Great Lakes-Upper Mississippi River Board of State Sanitary Engineers, and are subject to review by the Department of Ecology of the State of Washington. All public sewer extensions shall conform to the standards and be consistent with the City comprehensive sewer system plan. (Ord. 4343, 2-3-1992) 3. Public Sewer Pipe Materials: The pub- lic sewer shall be ductile iron, AWWA C151, with Type II push-on or Type III mechanical joints, together with cement mortar lining three thirty seconds inch (3/32") in accor- dance with AWWA C104, or polyvinyl chloride (PVC) plastic pipe ASTM D3034, or concrete nonreinforced ASTM C14 Class 2, or con- crete reinforced ASTM C76; rubber gaskets for concrete pipe shall meet ASTM C443 standards; rubber gasket for PVC pipe shall meet ASTM 1869 standards. However, when public sewers are installed in filled or unsta- ble ground, in areas with high groundwater levels, or in areas where the potential for infil- tration occurs, they may be required to be ei- ther ductile iron or PVC plastic pipe. Exact pipe material shall be as determined by the wastewater utility. Minimum size shall be eight inches (8") diameter. (Ord. 4343, 2-3-1992) 4.Repealed by Ord. 4999. (Ord. 1552, 6-12-1956; Amd. Ord. 2847, 5-6-1974) 5. Manhole Requirements: a. Where Required: Manholes shall be installed at the end of each line, at all changes of grade, size or alignment, at distances no greater than four hundred feet (400') for fifteen inch (15") diameter sewers or smaller. Greater spacing may be permitted in larger sewers. Manholes shall be a minimum of forty eight inches (48") in diameter, shall be precast con- crete or cast in place concrete, with steel reinforcement; steps shall be placed at one foot (1') spacing, conforming to cur- rent safety regulations. (Ord. 4343, 2-3-1992) b. Covers: The manhole covers shall be twenty four inches (24") in diameter cast iron frame and covers. c. Connections: All connections to the manhole shall match the existing inverts or have a drop connection in accordance with the current City standards. (Ord. 4343, 2-3-1992) d. Manhole Requirements for Indus- trial Wastes: When required by the Utili- ties Engineer, the owner of any property served by a building sewer carrying in- dustrial wastes shall install a suitable con- trol manhole in the building sewer to facil- itate observation, sampling and measure- ment of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in ac- cordance with plans approved by the Util- ities Engineer. The manhole shall be in- 4-6-040G 6 - 13 (Revised 3/03) stalled by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. (Ord. 1552, 6-12-1956; Amd. Ord. 2847, 5-6-1974) 6. Lift Station Standards: All lift stations that are to be turned over for public mainte- nance as well as private lift stations for com- mercial or multi-family building sewers shall have alarm and standby emergency opera- tion systems, and meet or exceed Depart- ment of Ecology specifications as detailed in “Criteria for Sewage Works Design”. All pri- vate single family lift stations shall meet or ex- ceed the current City standards for that type of facility. 7. Supervision Required: All persons or local improvement districts desiring to install sanitary sewer mains, as an extension of Renton’s sewer system, must extend said mains under the supervision of the wastewa- ter utility. (Ord. 4343, 2-3-1992) 8. Public Sewer Extension Requires De- veloper Agreement: Extensions to the pub- lic sewer may be permitted by developer extension agreements. (Ord. 3055, 8-9-1976) G. PRIVATE (BUILDING) SEWER STANDARDS: 1. Independent Sewer Required for Ev- ery Building: A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be con- structed to the rear building through an ad- joining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. (Ord. 1552, 6-12-1956) 2. Private Sewer Pipe Materials: The building sewer shall be ductile iron pipe class 50, PVC plastic pipe ASTM spec. D3034 or equal, or other suitable material approved by the Utilities Engineer. Joints shall be tight and waterproof. Any part of the building sewer that is located within ten feet (10′) of a water service pipe shall be constructed of ductile iron pipe with push-on rubber gasket joints. If installed in filled or unstable ground, the building sewer shall be of ductile iron pipe with push-on rubber gasketed joints. (Ord. 4343, 2-3-1992) 3. Size and Slope: The size and slope of the building sewer shall be subject to the ap- proval of the Utilities Engineer. The standard minimum sizes and slopes are: a. Four inches (4″) at a two percent (2%) slope (one-quarter inch (1/4″) per foot) for single family or duplex residen- tial, or b. Six inches (6″) at a two percent (2%) slope (one-quarter inch (1/4″) per foot) for multi-family, commercial or industrial. c. In no event shall the diameter of the side sewer stub be less than six inches (6″). 4. Special Allowance for Lesser Slope: The utility may allow, under certain circum- stances, a six inch (6″) side sewer to be laid at no less than one percent (1%) (one-eighth inch (1/8″) per foot). A grade release holding the City harmless for the flatter slope will be required. 5. Pipe Location, Elevation, Etc.: When- ever possible, the building sewer shall be brought to the building at an elevation below the basement floor. No building sewer shall be laid parallel to or within three feet (3′) of any bearing wall, which might thereby be weakened. The depth shall be sufficient to af- ford protection from frost. The building sewer shall be laid at uniform grade and in straight alignment insofar as possible. Changes in di- rection shall be made with proper fittings per City standards. The wastewater utility may al- low, at its discretion, the installation of a six inch (6″) building sewer properly curved not to exceed one-half (1/2) of manufacturer’s spec- ifications. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by approved artificial means and discharged to the building sewer. 6. Trenching Standards: All excavations required for the installation of a building sewer shall be open trench work unless oth- erwise approved by the Utilities Engineer. Pipe laying and backfill shall be performed in 4-6-040H (Revised 3/03)6 - 14 accordance with ASTM spec. C12-19 and APWA spec. Sec. 60 except that no backfill shall be placed until the work has been in- spected. 7. Joints and Connections: All joints and connections shall be made gastight and wa- tertight, and installed in accordance with APWA spec. 62-3.98A. Concrete pipe joints shall conform with ASTM C-443. Ductile iron pipe push-on joints shall conform with ANSI A-21.11. PVC pipe joints shall conform with ASTM D2680. Other jointing materials and methods may be used only by written ap- proval of the Utilities Engineer. 8. Grease, Oil and Sand Interceptors: a. When Required: Grease, oil and sand interceptors or other approved methodology shall be provided when, in the opinion of the Utilities Engineer, they are necessary for the proper handling of liquid wastes containing grease in exces- sive amounts, or any flammable wastes, sand and other harmful ingredients; ex- cept that such interceptors shall not be required for private living quarters or dwelling units. Grease and oil intercep- tors shall be required on all restaurants, garages and gas station premises and shall be so situated as to intercept only the sources of grease and oil wastes but excluding domestic or human wastes. b. Type, Capacity and Location: All interceptors shall be of a type and capac- ity approved by the Utilities Engineer, and shall be located as to be readily and easily accessible for cleaning and inspection. c. Construction Materials and Stan- dards: Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and ex- treme changes in temperature. They shall be of substantial construction, wa- tertight and equipped with easily remov- able covers which, when bolted in place, shall be gastight and watertight. d. Maintenance Required: Where in- stalled, all grease, oil and sand intercep- tors shall be maintained by the owner, at his expense, in continuously efficient op- eration at all times. (Ord. 4343, 2-3-1992) 9. Inspection: The applicant for the build- ing sewer permit shall notify the Utilities Engi- neer when the building sewer is ready for inspection and connection to the public sewer. (Ord. 1552, 6-12-1956; Amd. Ord. 2847, 5-6-1974). 10. Precautions While Building: All exca- vations for building sewer installation shall be guarded with barricades and lights and such other precautions as are reasonably ade- quate to protect the public from accident and injury. 11. Restoration of Public Property Re- quired: Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner sat- isfactory to the City. 12. Surety Bond Required: A surety bond in an amount deemed sufficient and deter- mined by the Utilities Engineer, but in no event less than five hundred dollars ($500.00), shall be furnished and deposited with the City to indemnify the City against any loss, damage, liability in connection with such sewer work. (Ord. 1552, 6-12-1956; Amd. Ord. 2847, 5-6-1974) 13. Use of Old Sewers: Old building sew- ers may be used in connection with new buildings only when they are found, on exam- ination and tests by the Utilities Engineer, to meet all requirements of this Chapter. (Ord. 4999, 1-13-2003) H. CONNECTION OF PRIVATE (BUILDING) SEWER TO PUBLIC SEWER: 1. Location: The connection of the building sewer into the public sewer shall be made at a side sewer stub, if such a stub is available at a suitable location and is found upon ex- amination and tests by the utility to meet all standards and specifications of the City. If no stubs are suitably located or if the existing stub(s) are found not to meet all standards and specifications, the property owners shall, at their expense, have a new side sewer stub installed. 2. Permit and Supervision by Utility Re- quired: All such connections shall be made under permit issued by the utility and per City standards and specifications. The connection 4-6-040J 6 - 15 (Revised 3/13) shall be made under the supervision of the Utilities Engineer or his representative. (Ord. 4343, 2-3-1992) I. PRIVATE SEWAGE DISPOSAL STANDARDS: 1. Permit Required: Before commence- ment of construction of a private sewage dis- posal system the owner shall first obtain a written permit signed by the Utilities Engineer. The application for such permit shall be made on a form furnished by the City, which the ap- plicant shall supplement by any plans, speci- fications and other information deemed nec- essary by the Utilities Engineer. A permit and inspection fee of ten dollars ($10.00) shall be paid to the Administrative Services Director at the time the application is filed. (Ord. 2801, 9-24-1973; Amd. Ord. 2845, 4-15-1974; Ord. 5547, 8-9-2010; Ord. 5654, 2-13-2012) 2. Inspection and Approval by Utilities Engineer: A permit for a private sewage dis- posal system shall not become effective until the installation is completed to the satisfaction of the Utilities Engineer. He shall be allowed to inspect the work at any stage of construc- tion and, in any event, the applicant for the permit shall notify the Utilities Engineer when the work is ready for final inspection, and be- fore any underground portions are covered. The inspection shall be made within forty eight (48) hours of the receipt of notice by the Utilities Engineer whenever possible. 3. Standards and Tests: The type, capaci- ties, location and layout of a private sewage disposal system shall comply with all recom- mendations of the Seattle-King County Health Department. Field tests and a site sur- vey shall be made before any permit is issued for any private sewage disposal system em- ploying subsurface soil absorption facilities. (Ord. 2801, 9-24-1973, Amd. Ord. 2847, 5-6-1974) 4. Maintenance Requirements and Dis- charge Prohibitions: The owner shall oper- ate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the City. No septic tank or cesspool shall be permitted to discharge to any public sewer or natural outlet. 5. Additional Requirements of Health Of- ficer: No statement contained in this Chapter shall be construed to interfere with any addi- tional requirements that may be imposed by the Health Officer. (Ord. 2801, 9-24-1973) 6. Standards for Abandoning Private Sewage Disposal Facilities: After connec- tion to the sewerage system, all septic tanks, cesspools and similar private sewage dis- posal facilities shall be abandoned and filled with suitable material; provided, however, the owner of the subject premises may suitably clean the septic tank to utilize same and any adjoining drain fields system for the proper disposal of stormwaters. (Ord. 4472, 9-12-1994) J. ADDITIONAL REQUIREMENTS THAT APPLY WITHIN ZONES 1 AND 2 OF AN AQUIFER PROTECTION AREA: 1. Zone 1 Requirements: a. Wastewater Disposal – Zone 1: i. New developments (residential and nonresidential) shall, as a condi- tion of the building permit, be required to connect to a central sanitary sewer system prior to occupancy. ii. Existing developments (residen- tial and nonresidential) may be re- quired to connect to a central sewer system as a requirement of any building permit issued after the effec- tive date of this Section (May 1, 1993) for the property. iii. All existing developments (resi- dential and nonresidential) which are within three hundred thirty feet (330') of an existing gravity sanitary sewer with capacity shall be required to connect within two (2) years of the passage of this Section (September 14, 1994). All existing developments (residential and nonresidential) which are located within three hun- dred thirty feet (330') of a new gravity sanitary sewer line with capacity shall be required to connect within two (2) years of the availability of the new sewer line. 4-6-050 (Revised 3/13)6 - 16 b. Additional Zone 1 Requirements: For properties located in Zone 1 of an aquifer protection area, additional re- quirements pertaining to sewers are specified in the following sections of the Renton Municipal Code: RMC 4-3-050C8d(i), Prohibited Activities – Aquifer Protection Areas, Zone 1; RMC 4-3-050C1a, Aquifer Protection Areas – Compliance with Regulations; RMC 4-3-050H6a, Pipeline Requirements – Zone 1; and RMC 4-4-030C7, Construc- tion Activity Standards – Zones 1 and 2. 2. Zone 2 Requirements: a. Wastewater Disposal – Zone 2: i. New developments (residential and nonresidential) shall, as a condi- tion of the building permit, be re- quired to connect to a central sanitary sewer system prior to occu- pancy. New single family residential development on existing lots may use an on-site sewage disposal sys- tem in lieu of connection to a central sanitary sewer system when the Wastewater Utility has determined that, according to its codes and poli- cies, a central sanitary sewer is un- available. Approval of the use of an on-site sewage disposal system for such development shall be condi- tional upon the signing of a covenant running with the land to connect to a central sanitary sewer within two (2) years of its availability as determined by the Wastewater Utility, according to its codes and policies. ii. Sanitary sewers shall be con- structed in accordance with prevail- ing American Public Works Association (APWA) standards with respect to minimum allowable infiltra- tion and exfiltration. b. Additional Zone 2 Requirements: For properties located in Zone 2 of an aquifer protection area, additional re- quirements pertaining to sewers are specified in the following sections of the Renton Municipal Code: RMC 4-3-050C1a, Aquifer Protection Areas – Compliance with Regulations; RMC 4-3-050H6b, Pipeline Requirements – Zone 2; RMC 4-4-030C7, Construction Activity Standards – Zones 1 and 2; and RMC 4-3-050D2b, Potential to Degrade Groundwater. (Ord. 4367, 9-14-1992; Ord. 4851, 8-7-2000) 4-6-050 STREET PLAN ADOPTED: That certain arterials and street plan is hereby adopted as a part of and in further implementation of the City’s Comprehensive Plan for the physical development of the City of Renton. (Ord. 2199, 12-20-1965) 4-6-060 STREET STANDARDS: A. PURPOSE: It is the purpose of this Section to establish design standards and development requirements for street improvements to ensure reasonable and safe access to public and private properties. These improvements include appropriately scaled sidewalks related to the urban context, a range of landscape buffers, curbs, gutters, street paving, monumentation, signage, and lighting, to be developed with complete streets principles. Complete streets principles are to plan, design, and operate streets to enable safe and conve- nient access and travel for all users including pe- destrians, bicyclists, transit riders, and people of all ages and abilities, as well as freight and motor vehicle drivers, and to foster a sense of place in the public realm with attractive design amenities. (Ord. 4521, 6-5-1995; Ord. 5517, 12-14-2009) B. ADMINISTERING AND ENFORCING AUTHORITY: The Community and Economic Development Ad- ministrator is responsible for the general adminis- tration and coordination of this section. (Ord. 5450, 3-2-2009; Ord. 5517, 12-14-2009; Ord. 5676, 12-3-2012) C. APPLICABILITY: The standards in this section will be used for all public and private street improvements within the City of Renton. Whenever a building permit is ap- plied for or application made for a short plat or a full subdivision, the applicant for such permit and/ or application shall build and install certain street improvements, including, but not limited to: light- ing on all abutting rights-of-way, and all private street improvements on access easements. The 4-6-060F 6 - 17 (Revised 5/18) minimum design standards for streets are listed in the tables set forth in subsection F2 of this Sec- tion. These standards will determine specific street improvement requirements for develop- ment projects, including short plats and subdivi- sions. (Ord. 5450, 3-2-2009; Ord. 5517, 12-14-2009; Ord. 5676, 12-3-2012) D. EXEMPTIONS: The following exemptions shall be made to the re- quirements listed in this Section: 1. New construction or addition with valua- tion less than one hundred fifty thousand dol- lars ($150,000.00) (the value of which shall be reviewed in conjunction with mandatory periodic updates of the Comprehensive Plan and based on the Seattle Construction Cost Index). 2. Interior remodels of any value not involv- ing a building addition. 3. If demonstrated as necessary to mitigate an extreme hardship not caused by the re- questor. (Ord. 5676, 12-3-2012; Ord. 5703, 12-9-2013; Ord. 5867, 12-11-2017) E. RIGHT-OF-WAY DEDICATION REQUIRED: 1. Dedication Required for Develop- ment: Where the existing width for any right- of-way abutting the development site is less than the minimum standards listed in subsec- tion F of this Section, additional right-of-way dedication will be required for the proposed development. 2. Amount of Dedication: The right-of-way dedication required shall be half of the differ- ence between the existing width and the min- imum required width as listed in subsection F of this Section. In cases where additional right-of-way has been dedicated on the oppo- site side of the right-of-way from the develop- ment site in compliance with this Section, then dedication of the remaining right-of-way width to obtain the minimum width as listed in subsection F of this Section shall be required. 3. Waiver of Dedication: The Administra- tor may waive the requirement for additional right-of-way dedication pursuant to RMC 4-9-250C, Waiver Procedures, where it is de- termined by the Administrator that construc- tion of full street improvements is not anticipated in the future. (Ord. 5517, 12-14-2009; Ord. 5676, 12-3-2012) F. PUBLIC STREET RIGHT-OF-WAY DESIGN STANDARDS: 1. Level of Improvements: The minimum level of street improvements required are listed in the following tables including but not limited to curbs, planting strips, sidewalks, and lighting. a. Street Lighting Exemption: No street lighting is required for the following smaller project sizes: two (2) to four (4) units for residential; zero (0) to five thou- sand (5,000) square feet commercial; or zero (0) to ten thousand (10,000) square feet industrial. b. Additional Walkway Requirement: A pedestrian walkway to the arterial is re- quired for the following larger project sizes with more than: twenty (20) units residential; ten thousand (10,000) square feet commercial; or twenty thousand (20,000) square feet industrial. 2. Minimum Design Standards for Public Streets and Alleys: All such improvements shall be constructed to the City Standards for Municipal Public Works Construction. Stan- dards for construction shall be as specified in the following table, and by the Administrator. 4-6-060F (Revised 5/18)6 - 18 MINIMUM DESIGN STANDARDS TABLE FOR PUBLIC STREETS AND ALLEYS: Minimum Design Standards1 (see notes) Functional Classifications: Public Streets and Alleys Principal Arterial Minor Arterial Commercial- Mixed Use, Industrial, & Neighborhood Collector Arterial Commercial- Mixed Use & Industrial Access Residential Access Limited Residential Access Alleys Structural Design See Standard Drawing or Pavement section and may be designed using procedures described in the WSDOT Design Manual, latest edition. Average Daily Vehicle Trips (ADT) 14,000 – 40,000 3,000 – 20,000 3,000 – 14,000 0 – 3,000 0 – 3,000 0 – 250 N/A Right-of-Way (R-O-W) 4 lanes – 91' 5 lanes – 103' 6 lanes – 113' 7 lanes – 125' 4 lanes – 91' 5 lanes – 103' 6 lanes – 113' 7 lanes – 125' 2 lanes – 83' 3 lanes – 94' 2 lanes – 69' 3 lanes – 80' 2 lanes – 53' 1 lane – 45' Res. – 16' Com. – 16' Sidewalks2 8' both sides3 8' both sides3 8' both sides3 6' both sides 5' both sides12 5' both sides12 None Planting Strips 4 8' between curb & walk both sides 8' between curb & walk both sides 8' between curb & walk both sides 8' between curb & walk both sides 8' between curb & walk both sides 8' between curb & walk both sides None Tree grates and hardscape may be substituted for planting strip area if approved by Administrator. May be reduced if approved by Administrator5 Street Trees Required, see Street Trees Standards RMC 4-4-070 N/A Curbs Curb both sides Curb both sides Curb both sides Curb both sides Curb both sides Curb both sides None Parking Lanes Allowed at 8' Allowed at 8' 8' both sides 8' both sides 6' one side 6 6' one side6 Bicycle Facilities7 All classifications of Arterials will have Class I, or Class II, or Class III bicycle facility. None None None N/A Paved Roadway Width, not including parking 4 lanes – 54' 5 lanes – 66' 6 lanes – 76' 7 lanes – 88' 4 lanes – 54' 5 lanes – 66' 6 lanes – 76' 7 lanes – 88' 2 lanes – 30' 3 lanes – 41' 2 lanes – 20' 3 lanes – 31' 2 lanes – 20' 1 lane – 12' 8 Res. – 12' Com. – 16' Lane Widths9 11' travel lanes, 5' bike lanes, and 12' center left turn lanes. 10' travel lanes, 5' bike lanes, and 11' center left turn lanes. 10' travel lanes 1 travel lane – 12'8 Res. – 12' Com. – 16' Center Median Center median allowed for boulevard treatment and center left turn lane. Width will be width of center left turn lane minus 1' from through traffic travel lanes on both sides. Pull- outs with a minimum 25' length required for maintenance and emergency vehicles within the median at intervals of 300 – 350' N/A Pedestrian Bulb-outs Curb bulb-outs required where on-street parking is located. N/A N/A 4-6-060F 6 - 19 (Revised 3/17) Intersection Radii10 35' turning radius 35' turning radius 35' turning radius11 25' turning radius11 25' turning radius 25' turning radius N/A At the intersection of two classes of streets, the radius for the higher class street is to be used. Where larger trucks, transit and school buses are anticipated, further design will be required to determine an adequate radius. The minimum curb radius is 15'. Cul-de-sacs Limited application per RMC 4-6-060H. Limited application. See RMC 4-6-060H for pavement and R-O-W widths when permitted. N/A Maximum Grades13 0.5 – 8% 0.5 – 8% 0.5 – 10% 0.5 – 15%, greater than 15% only allowed within approved hillside subdivisions.13 0.5 – 15% Site Access Determined on a case-by- case basis. 125' from intersection 125' from intersection N/A N/A N/A N/A Street & Pedestrian Lighting Street lighting required per RMC 4-6-060I, as it exists or may be amended. N/A NOTES AND CONDITIONS: MINIMUM DESIGN STANDARDS TABLE FOR PUBLIC STREETS AND ALLEYS: 1 Minimum design standards may be altered to allow alternative stormwater management and low impact development techniques within the R-O-W by the Department. 2 Sidewalk width will be 12 feet on both sides in the City Center Community Planning Area. This sidewalk width includes street tree grates for locating street trees. To accomplish low impact development best management practices, permeable pavement may be allowed by the Administrator. 3 Sidewalk areas may be required at a wider width to accommodate required multi-use path facilities when a Class I multi-use path is required within a street R-O-W by the Department. The width of a required 5-foot bicycle lane will be transferred to the sidewalk area to create a Class I multi-use path. To accomplish low impact development best management practices permeable pavement may be allowed by the Administrator. 4 Maintenance Responsibilities. Unless otherwise agreed upon by the City of Renton, maintenance of landscaping within the planting strip area, including but not limited to elements such as groundcover, turf, softscape, and hardscape, is the responsibility of the adjacent property owner. Maintenance for street trees within the public right-of-way shall be the responsibility of the City of Renton. 5 Planting strips may be reduced if one of the following conditions is met: (a) when R-O-W acquisition is problematic; or (b) when critical areas would be impacted. If approved, a permanent alternative landscaped area should be provided equal to or greater than the allowed planting strip area reduction that is in addition to any minimum existing code requirements. 6 A second parking lane may be required by the Administrator. 7 Class II bicycle facilities (bike lanes) included in roadway width for both sides. Bicycle facilities that are shared travel lanes, Class III bicycle facilities, require less roadway width. Class III travel lanes are a minimum of 14 feet. MINIMUM DESIGN STANDARDS TABLE FOR PUBLIC STREETS AND ALLEYS: (Continued) Minimum Design Standards1 (see notes) Functional Classifications: Public Streets and Alleys Principal Arterial Minor Arterial Commercial- Mixed Use, Industrial, & Neighborhood Collector Arterial Commercial- Mixed Use & Industrial Access Residential Access Limited Residential Access Alleys 4-6-060F (Revised 3/17)6 - 20 (Ord. 5675, 12-3-2012; Ord. 5676, 12-3-2012; Ord. 5806, 6-20-2016; Ord. 5828, 12-12-2016) 3. Length of Improvements: Such im- provements shall extend the full distance of such property to be improved upon and sought to be occupied as a building site or parking area for the aforesaid building of plat- ting purposes and which may abut property dedicated as a public street. 4. Additional Alley Standards: Alleys may be used for vehicular access, but are not to be considered as the primary access for emergency or Fire Department concerns. Al- ley access is the preferred street pattern ex- cept for properties in the Residential Low Density land use designation. Refer to RMC 4-7-150. 5. Pavement Thickness: New imperme- able pavement shall be a minimum of four inches (4") of asphalt over six inches (6") of crushed rock. Permeable pavement design is governed by the Surface Water Design Man- ual. Pavement thickness for new or repaired arterial or collector streets or widening of ar- terials or collector streets must be approved by the Department of Community and Eco- nomic Development. Pavement thickness de- sign shall be based on standard engineering procedures and weight/loading requirements for emergency response vehicles. For the purposes of asphalt pavement design, the procedures described by the “Asphalt Insti- tute’s Thickness Design Manual” (latest edi- tion) will be accepted by the Department. Alternate design procedures or materials may be used if approved by the Department through the process listed in RMC 4-9-250E. (Ord. 5828, 12-12-2016) 6. Minimum Sidewalk Measurements: New sidewalks must provide a minimum of four feet (4') of horizontal clearance from all vertical obstructions. Sidewalk widths include 8 Requirement: Either fire sprinklers shall be provided as approved by the Fire Department or a clear roadway area shall be provided for emergency vehicles midblock. All of the clear area must be 20 feet in width for vehicular movement with a minimum length of 50 feet and maximum length of 100 feet, so as to provide emergency access to homes within 150 feet. Along the clear area only, the planting strip would not be required and the clear area will be in place of the landscaping area. 9 The City may require different lane width dimensions to address safety concerns or to meet state and federal requirements for state routes or grant funding. 10 Turning radius dimensions represent the vehicle turning path. The smallest curb radius should be used while maintaining the specified turning radius. Lane width and the presence of a bike lane and parking lane affect a vehicle’s turning path. On streets with more than one lane in that direction of travel, large vehicles may encroach into no more than one-half of the adjacent travel lane to complete the turn. On Arterials and Collector Arterials, encroachment into oncoming travel lanes is unacceptable. The minimum curb radius is 15 feet. 11 Turning radius for streets which include industrial access may increase to 50 feet. 12 Sidewalks shall be provided on both sides of the street; however, the Administrator may approve sidewalks on one side of the street pursuant to RMC 4-6-060G. 13 Sidewalks may be designed to be reverse sloped away from the street; provided, that the sidewalks have a maximum long slope of 2% and are designed to drain towards a publicly owned low impact development facility along the roadway instead of directly into the street. MINIMUM DESIGN STANDARDS TABLE FOR PUBLIC STREETS AND ALLEYS: (Continued) Minimum Design Standards1 (see notes) Functional Classifications: Public Streets and Alleys Principal Arterial Minor Arterial Commercial- Mixed Use, Industrial, & Neighborhood Collector Arterial Commercial- Mixed Use & Industrial Access Residential Access Limited Residential Access Alleys 4-6-060G 6 - 21 (Revised 5/18) the curb width for those sidewalks con- structed abutting or attached to the curb. 7. Curves: a. Horizontal Curves: Where a deflec- tion angle of more than ten degrees (10°) in the alignment of a street occurs, a curve of reasonably long radius shall be introduced, subject to review and ap- proval of the Administrator. b. Vertical Curves: All changes in grade shall be connected by vertical curves of a minimum length of two hun- dred feet (200') unless specified other- wise by the Administrator. c. Tangents for Reverse Curves: A tangent of at least two hundred feet (200') in length shall be provided between re- verse curves for arterials; one hundred fifty feet (150') for collectors and one hun- dred feet (100') for residential access streets. (Ord. 5676, 12-3-2012) 8. City Center Planning Area and Urban Design Districts – Special Standards: Greater sidewalk widths may be required in the City Center Planning Area and Urban De- sign Districts as part of site plan development review for specific projects. The Administra- tor may require that sidewalks be extended from the property line to the curb with provi- sions made for street trees and other land- scaping requirements, street lighting, and fire hydrants. (Ord. 5676, 12-3-2012) 9. Downtown Business District – Special Standards: Required improvements to the public realm within the Downtown Business District as mapped in 4-2-080.D are identified in the adopted Downtown Streetscape De- sign Standards and Guidelines. Additional improvements that are encouraged are also identified in the document. A copy of the Downtown Streetscape Design Standards and Guidelines shall be kept on file by the Renton City Clerk. (Ord. 5851, 8-7-17) 10. Vehicular Access and Connection Points to and from the State Highway Sys- tem: a. Chapter 47.50 RCW, Highway Ac- cess Management, is hereby adopted by reference to provide for the regulation and control of vehicular access and con- nection points of ingress to and egress from the state highway system within the incorporated areas of the City of Renton. b. Pursuant to Chapter 47.50 RCW, the provisions of Chapters 468-51 and 468- 52 WAC, together with all future amend- ments, are hereby adopted and incorpo- rated by reference. c. At least one copy of each law, rule or regulation adopted hereby is on file with the City Clerk and available for inspection by the public. (Ord. 5413, 10-13-2008; Ord. 5517, 12-14-2009; Ord. 5851, 8-7- 17) G. COMPLETE STREETS: 1. Complete Streets: The City of Renton will plan for, design, and construct transporta- tion projects to appropriately provide accom- modations for pedestrians, bicyclists, and transit riders of all ages and abilities, and freight and motor vehicles, including the in- corporation of such facilities into transporta- tion plans and programs. 2. Exemptions: Pedestrian and bicycle fa- cilities are not required to be established when it is concluded by the Administrator that application of complete streets principles is unnecessary or inappropriate: a. Where their establishment would be contrary to public safety; or b. When the cost would be excessively disproportionate to the need or probable use; or c. Where there is no identified long- term need; or d. Where the establishment would vio- late Comprehensive Plan policies; or e. Where trails in common areas are provided in lieu of sidewalks, or when vegetated best management practices such as bioretention is proposed, or soil conservation or critical area protection is necessary; or 4-6-060H (Revised 5/18)6 - 22 f. Where the Administrator grants a documented exemption which may only be authorized in specific situations where conditions warrant. Such site-specific ex- emptions shall not constitute general changes to the minimum street standards established in this Section. (Ord. 5517, 12-14-2009; Ord. 5676, 12-3-2012; Ord. 5828, 12-12-2016) H. DEAD END STREETS: 1. Limited Application: Cul-de-sac and dead end streets are limited in application and may only be permitted by the Administra- tor where, due to demonstrable physical con- straints, no future connection to a larger street pattern is physically possible. 2. Cul-de-Sacs and Turnarounds When Permitted – Minimum Requirements: Mini- mum standards for dead end streets, if ap- proved by the Department of Community and Economic Development, are as follows: 3. Turnaround Design: The hammerhead turnaround shall have a design approved by the Administrator and the Fire Department. (Ord. 5806, 6-20-2016) 4. Cul-de-Sac Design: Cul-de-sacs shall have a minimum paved and landscaped ra- dius of forty five feet (45') with a right-of-way radius of fifty five feet (55') for the turnaround. A landscaped center island with a radius of twenty feet (20') delineated by curbing shall be provided in the cul-de-sac. Low impact de- velopment best management practices shall be provided in the center island where feasi- ble and consistent with City standard details and the Surface Water Design Manual. The landscaping shall be maintained by the homeowners’ association or adjacent prop- erty owners. The cul-de-sac turnaround shall have a design approved by the Administrator and the Fire Department. (Ord. 5806, 6-20- 2016; Ord. 5828, 12-12-2016) 5. Secondary Access Requirement: Sec- ondary access for emergency equipment is required when a development of three (3) or more buildings is located more than two hun- dred feet (200') from a public street. 6. Waiver of Turnaround: The require- ment for a turnaround or cul-de-sac may be waived by the Administrator with approval of the Fire Department when the development proposal will not create an increased need for emergency operations pursuant to RMC 4-9-250C, Waiver Procedures. (Ord. 5517, 12-14-2009; Ord. 5676, 12-3-2012; Ord. 5806, 6-20-2016) I. STREET AND PEDESTRIAN LIGHTING STANDARDS: 1. Lighting Design: Architectural street lighting standards will be established on a case-by-case basis for streets. 2. Lighting Location: Pedestrian lighting for sidewalks and pathways shall be installed between intersections along streets and at in- tersection corners for residential streets. All other streets shall meet the lighting levels listed in subsection I3 of this Section, as it ex- ists or may be amended. 3. Average Maintained Illumination: The street lighting shall be constructed to provide average maintained horizontal illumination as illustrated below. The lighting levels shall be governed by roadway classification and area zoning classification. Residential streets shall have minimum light levels of 0.8 foot-candle within the intersections and 0.3 foot-candle along the sidewalks at a six to one (6:1) uni- formity ratio. Values are in horizontal foot- candles at the pavement surface when the light source is at its lowest level. LENGTH OF STREET TYPE OF TURNAROUND For up to 150' in length No turnaround required. From 150' to 300' in length Dedicated hammerhead turnaround or cul-de-sac required. From 300' to 500' in length Cul-de-sac required. From 500' to 700' in length Cul-de-sac required. Fire sprinkler system required for houses. Longer than 700' in length Two means of access and fire sprinklers required for all houses beyond 500'. 4-6-060J 6 - 22.1 (Revised 5/18) 4. Uniformity Ratios: Uniformity ratios for the street lighting shall meet or exceed four to one (4:1) for light levels of more than 0.6 foot- candles and six to one (6:1) for light levels of 0.6 foot-candles and less. 5. Construction Standards: Street lighting systems shall be designed and constructed in accordance with the City publication, “Guide- lines and Standards for Street Lighting De- sign of Residential and Arterial Streets.” (Ord. 5517, 12-14-2009; Ord. 5675, 12-3-2012) J. SHARED DRIVEWAY STANDARDS: 1. Where Permitted: Shared driveways may be allowed for access to four (4) or fewer residential lots, provided: a. At least one of the four (4) lots abuts a public right-of-way and the street front- age of the lot is equal to or greater than the lot width requirement of the zone; b. The subject lots are not created by a subdivision of ten (10) or more lots; c. A public street is not anticipated by the City of Renton to be necessary for ex- isting or future traffic and/or pedestrian circulation through the short subdivision or to serve adjacent property; d. The shared driveway would not ad- versely affect future circulation to neigh- boring properties; e. The shared driveway is no more than three hundred feet (300') in length; and f. The shared driveway poses no safety risk and provides sufficient access for emergency vehicles and personnel. 2. Minimum Standards: Shared driveways shall be within a tract; the width of the tract and paved surface shall be a minimum of six- teen feet (16'); the Fire Department may re- quire the tract and paved surface to be up to twenty feet (20') wide. If a shared driveway abuts properties that are not part of the sub- division, an eight foot (8') wide landscaped strip shall be provided between the shared driveway and neighboring properties. The landscape strip shall be within a tract and planted with a mixture of trees, shrubs, and groundcover, as required in RMC 4-4-070. The shared driveway may be required to in- clude a turnaround per subsection H of this Section. No sidewalks are required for shared driveways; however, drainage im- provements pursuant to City Code are re- quired (i.e., collection and treatment of stormwater), as well as an approved pave- ment thickness. The maximum grade for the shared driveway shall not exceed fifteen per- cent (15%), except for within approved hill- side subdivisions. (Ord. 5841, 6-12-2017) 3. Signage Required: Appurtenant traffic control devices including installation of “No Parking” signs, as required by the Depart- ment of Community and Economic Develop- ment, shall be provided by the subdivider. Lots served by the shared driveway shall be addressed to the public street to which the shared driveway connects. 4. Tract Required: The shared driveway shall be wholly within a tract. The tract shall be shown and recorded on the face of the plat to be preserved in perpetuity. The owners of the subject lots shall have an equal and undi- vided interest in the ownership of the tract. 5. Easement Required: An access ease- ment shall be recorded with the King County Recorder’s Office and be shown on the face of the plat to encumber the entirety of the tract. The easement shall prohibit any tempo- rary or permanent physical obstructions within the easement including, but not limited to, the parking of non-emergency vehicles. Intersection Non-Intersection Crosswalk Uniformity Principal Arterial 1.5 1.3 0.8 4:1 Minor Arterial 1.5 1.2 0.8 4:1 Collector Arterial 1.2 0.9 0.8 4:1 Commercial Access Street 0.9 0.6 0.8 6:1 4-6-060J (Revised 5/18)6 - 22.2 6. Timing of Improvements: The shared driveway must be installed prior to recording of the plat unless approved for deferral. 7. Lot Type and Orientation: The Admin- istrator may permit lots that only front a shared driveway to be designated as a corner lot. If permitted by the Administrator, lot width, lot depth and yard setbacks shall be mea- sured consistent with the corner lot designa- tion (see illustration below). 8. Maintenance: The applicant shall en- sure the shared driveway can be continually maintained to minimum standards listed in this section by the owners of the lots served by the driveway to the satisfaction of the City of Renton, prior to the recording of the short plat. 9. Covenants, Conditions and Restric- tions: Covenants, conditions and restric- tions, which are approved by the Administrator, shall be recorded with the King County Recorder’s Office. The applicant shall provide a copy of the recorded document. These covenants shall provide for, at a mini- mum, the following: a. Maintenance, repair, operation, and payment of taxes for the commonly owned tract and facilities; and b. These covenants shall run with the land and be irrevocable and binding on all the property owners, including their assigns, heirs, and successors. 10. Exception for Joint-Use Driveway Extending from Emergency Turnaround: A driveway that extends from the terminus of an emergency turnaround (excluding cul-de- sacs) and provides access to no more than two (2) lots shall be permitted as joint-use driveway that does not take access from a public right-of-way (see illustration below). The joint-use driveway shall be constructed to City standards prior to recording the short plat, and a reciprocal access easement for the benefit of the two (2) lots, in a form satis- factory to the City Attorney, shall be recorded with the King County Recorder. 4-6-060K 6 - 23 (Revised 5/18) (Ord. 5100, 11-1-2004; Ord. 5517, 12-14-2009; Ord. 5702, 12-9-2013; Ord. 5727, 10-20-2014; Ord. 5867, 12-11-2017) K. UNIT LOT DRIVES: 1. Applicability: Unit lot drives may be constructed to serve unit lot subdivisions. Each unit lot drive may serve up to nine (9) unit lots. Each unit lot drive shall be accessed by a public street. 2. Design Standards: The design of each unit lot drive shall meet the following stan- dards: a. Roadway Width: The paved road- way shall be a minimum of sixteen feet (16') wide; the Fire Department may re- quire the paved roadway to be up to twenty feet (20') wide. b. Curb: Except for points of ingress/ egress, curb shall be installed along the perimeter of the roadway. c. Landscaping Strip and Sidewalk: There shall be an eight foot (8') wide landscaping strip between the curb and a five foot (5') wide sidewalk along one side of the unit lot drive. 3. Ownership: The City may elect to have a unit lot drive dedicated as a public roadway; 4-6-060L (Revised 5/18)6 - 24 however, the City may require the unit lot drive to be privately owned pursuant to RMC 4-7-090F6b, Maintenance of Common Facili- ties. (Ord. 5818, 10-17-2016) L. TIMING FOR INSTALLATION OF IMPROVEMENTS: No building shall be granted a certificate of final occupancy, or plat or short plat recorded, until all the required street improvements are constructed in a satisfactory manner and approved by the re- sponsible departments unless those improve- ments remaining unconstructed have been deferred by the Administrator and security for such unconstructed improvements has been sat- isfactorily posted. (Ord. 5156, 9-26-2005; Ord. 5450, 3-2-2009; Ord. 5517, 12-14-2009; Ord. 5676, 12-3-2012) M. PLAN DRAFTING AND SURVEYING STANDARDS: The construction permit plans for street improve- ments shall be prepared and surveyed in confor- mance with the Department’s “Construction Plan Drafting Standards”, surveying standards and the City’s “Standard Specifications for Municipal Con- struction”, and standard detail documents. N. REVIEW OF CONSTRUCTION PLANS: 1. Submittal: All street improvement plans prepared shall be submitted for review and approval to the Department of Community and Economic Development. All plans and specifications for such improvements are to be submitted at the time application for a building permit is made or, for plats, prior to construction (street/utility) permit issuance. 2. Fees and Submittal Requirements: All permits required for the construction of these improvements shall be applied for and ob- tained in the same manner and same condi- 4-6-060Q 6 - 24a (Revised 8/17) tions as specified in chapter 9-10 RMC, relating to excavating or disturbing streets, al- leys, pavement or improvements. Fees shall be as stipulated in RMC 4-1-180. Money de- rived from the above charges shall be depos- ited to the General Fund. Half of the fee is due and payable upon submittal for a con- struction permit application, and the remain- der is due and payable prior to issuance of the construction permit. 3. Cost Estimate Required: The applicant will be required to submit a cost estimate for the improvements. This will be reviewed by the Department of Community and Economic Development for accuracy. (Ord. 5517, 12-14-2009) O. INSPECTIONS: 1. Authority and Fees: The Department shall be responsible for the supervision, in- spection and acceptance of all street im- provements listed in this Section, and shall make a charge therefor to the applicant. P. LATECOMER’S AGREEMENTS: 1. Latecomer’s Agreements Authorized: Any party extending utilities that may serve other than that party’s property may request a latecomer’s agreement from the City. Where a development is required to construct street improvements that may also be re- quired by other developments or by future de- velopment of other parcels in the vicinity, then the developer may request establishment of a latecomer’s agreement to reimburse the developer for all initial costs of the improve- ments. 2. Process for Latecomer’s Agreements: The procedure to follow in making application for the latecomer’s agreement and the steps to be followed by the City are as detailed in chapter 9-5 RMC. Q. VARIATIONS FROM STANDARDS: 1. Alternates, Modifications, Waivers, Variances: See RMC 4-9-250. 2. Half Street Improvements: a. When Permitted: Half street im- provements may be allowed for a resi- dential access street by the Administrator when it is determined that the adjacent parcel of property has the potential for fu- ture development and dedication of the right-of-way necessary for the completion of the street right-of-way. (Ord. 5676, 12-3-2012) b. Minimum Design Standards: The right-of-way for the half street improve- ment must be a minimum of thirty five feet (35') with twenty feet (20') paved. A curb, planting strip area, and sidewalk shall be installed on the development side of the street according to the minimum design standards for public streets. If the street is permitted a cul-de-sac, then the right-of- way for the half of the cul-de-sac shall be dedicated, with installation of a temporary hammerhead turnaround. The property shall also dedicate easements to the City for street lighting and fire hydrants. Addi- tional easements shall be provided for the franchise utilities outside of the dedicated right-of-way. c. Standards for Completion of the Half Street: When the adjacent parcel is platted or developed, the additional right- of-way width needed to complete the type of street classification shall be dedi- cated from the developing property. The pavement shall then be widened to the width needed to complete the type of street classification, and curb, planting strip, and sidewalk shall be installed on the developing side of the street. If the street is a dead end street requiring a cul- de-sac, then the developing parcel shall dedicate the remainder of the right-of- way for the cul-de-sac and construct the final complete cul-de-sac, including curb, sidewalk, and other required improve- ments. (Ord. 5517, 12-14-2009) 3. Cul-de-Sac Modifications for Low Im- pact Development: The Administrator may modify cul-de-sac design standards to allow low impact development facility installation and reduce impervious surfaces; provided, 4-6-060Q (Revised 8/17)6 - 24b that turnaround design modifications shall al- low safe access and emergency response. (Ord. 5828, 12-12-2016) 4-6-070B 6 - 24.1 (Revised 3/13) R. DEFERRAL OF IMPROVEMENT INSTALLATION: See RMC 4-9-060. S. APPEALS: Any decisions made in the administrative process described in this Section may be appealed to the Hearing Examiner pursuant to RMC 4-8-110. T. VIOLATIONS OF THIS SECTION AND PENALTIES: Unless otherwise specified, violations of this Chapter are misdemeanors subject to RMC 1-3-1. (Ord. 4521, 6-5-1995; Ord. 5159, 10-17-2005; Ord. 5457, 5-18-2009) 4-6-070 TRANSPORTATION CONCURRENCY REQUIREMENTS: A. AUTHORITY AND PURPOSE: This Chapter is enacted pursuant to the Washing- ton State Growth Management Act, chapter 36.70A, at RCW 36.70A.070. It is the purpose of this Chapter to ensure Renton transportation level of service standards are achieved concur- rently with development, or within a reasonable time after development occupancy and use. (Ord. 4708, 3-2-1998) B. DEFINITIONS OF TERMS USED IN THIS SECTION: 1. Concurrency or Concurrent with De- velopment: Transportation improvements or strategies are in place at the time of building permit issuance, or a financial commitment is in place to complete the improvements or strategies within six (6) years of building per- mit issuance. 2. Department: The Public Works Depart- ment. (Ord. 5450, 3-2-2009) 3. Development Activity Permit Applica- tion: For the purposes of transportation con- currency regulations, any construction, building expansion, or change in use which creates additional demand upon or need for transportation facilities and which requires a development permit from the City of Renton. 4. Development Permit: Written permis- sion from the appropriate City decision maker authorizing the division of a parcel of land, the construction, reconstruction, conversion, structural alteration, relocation or enlarge- ment of any structure, or any use or extension of the use of the land. 5. Financial Commitment: Includes reve- nue designated in the most currently adopted Transportation Improvement Program for transportation facilities or strategies through the six (6) year period with reasonable assur- ance that such funds will be timely put to such ends, unanticipated revenue from Federal or State grants for which the City has received notice of approval, and/or revenue that is as- sured by an applicant in a form approved by the City in a voluntary agreement. 6. Finding of Concurrency: A written find- ing that is part of the applicable development permit issued by the City indicating that a de- velopment activity permit application has suc- cessfully passed the Renton transportation concurrency test. The finding of concurrency is made by the decision maker with the au- thority to approve the development permit. 7. Level of Service (LOS): A measure of the quality and efficiency of facilities and sys- tems. The Renton transportation LOS is adopted in the Renton Comprehensive Plan Transportation Element. The transportation LOS standard establishes an index value which must be met or exceeded in future years. The LOS index value is determined by the weighted sum of the p.m. peak travel dis- tances from the City, averaged in all direc- tions, in thirty (30) minutes for SOV, HOV, and transit modes. The current index value is forty nine (49). More in depth discussion of the Cit- ywide LOS policy may be found in the Trans- portation Element. 8. Transportation Concurrency Test: Technical review of a development activity permit application by the Department to de- termine if the transportation system has ade- quate or unused or uncommitted capacity, or will have adequate capacity, to accommodate trips generated by the proposed develop- ment, without causing the level of service standards to decline below the adopted stan- dards, at the time of development or within six (6) years. (Ord. 5675, 12-3-2012) 4-6-070C (Revised 3/13)6 - 24.2 C. APPLICABILITY AND EXEMPTIONS: 1. Applicability: A concurrency test shall be conducted for all development activity ap- plications, as defined in subsection B3 of this Section, excluding exemptions. 2. Exemptions: The following applications are exempt from the concurrency test: a. Applications categorically exempt from SEPA review under RMC 4-9-070, Environmental Review Procedures. i. The concurrency test shall not be conducted for projects that are sub- ject to SEPA review due to their loca- tion within an environmentally sensitive area, but which would oth- erwise be exempt from SEPA review. ii. The concurrency test exemption shall not apply to short plats. b. Any project that is a component of a development which was granted a finding of concurrency that has not expired. c. Development vested prior to April 6, 1998. d. Projects granted a finding of concur- rency where the development activity is conducted by a person or entity other than the original applicant, if the project is limited to the uses, intensities, and vehi- cle trip generation rates for which the finding of concurrency was originally made. D. CONCURRENCY REVIEW PROCESS: 1. Test Required: A concurrency test shall be conducted by the Department for each nonexempt development activity. The con- currency test shall determine consistency with the adopted Citywide Level of Service In- dex and Concurrency Management System established in the Transportation Element of the Renton Comprehensive Plan, according to rules and procedures established by the Department. The Department shall issue an initial concurrency test result describing the outcome of the concurrency test. 2. Written Finding Required: Prior to ap- proval of any nonexempt development activ- ity permit application, a written finding of concurrency shall be made by the City as part of the development permit approval. The find- ing of concurrency shall be made by the deci- sion maker with the authority to approve the accompanying development permits required for a development activity. A written finding of concurrency shall apply only to the specific land uses, densities, intensities, and develop- ment project described in the application and development permit. 3. Failure of Test: If no reconsideration is requested, or if upon reconsideration a project fails the concurrency test, the project application shall be denied by the decision maker with the authority to approve the ac- companying development activity permit ap- plication. E. TRANSFERABILITY OF WRITTEN FINDING OF CONCURRENCY: 1. A written finding of concurrency is not transferable to other land, but may be trans- ferred to new owners or lessees of the origi- nal land. 2. Revisions to an approved development that may create additional impacts on trans- portation facilities will be required to undergo an additional concurrency test. A new finding of concurrency is required from the decision maker with the authority to approve the re- vised project in order to permit the revised de- velopment activity. 3. Revisions to an approved development that reduce the intensity or density or vehicle trip generation rates of the project, resulting in less impacts to transportation facilities than originally approved, will be required to under- go an additional concurrency test in order to properly account for unused capacity. Unless the revised development requires newly is- sued development permit approvals, the pre- vious finding of concurrency remains in effect, and a new finding of concurrency is not re- quired for the less intense or dense proposal. 4-6-070F 6 - 24.3 (Revised 3/13) F. EXPIRATION OF WRITTEN FINDING OF CONCURRENCY: A finding of concurrency shall expire if the accom- panying development permit expires or is re- voked. A finding of concurrency may be extended according to the same terms and conditions as the accompanying development permit. If the devel- opment permit is granted an extension, the finding of concurrency shall be extended simultaneously for the same period. If the accompanying devel- opment permit does not expire, the finding of con- currency shall be valid for a period of three (3) years from the date the written finding was made. (Revised 3/13)6 - 24.4 This page left intentionally blank. 4-6-080A 6 - 25 (Revised 4/12) G. RECONSIDERATION OF CONCURRENCY TEST: 1. Notification Required: Prior to a final recommendation or decision to deny a devel- opment activity permit application due to fail- ure of the concurrency test, the Department shall notify the project applicant in writing of the initial concurrency test results. 2. Reconsideration Authorized: The De- partment shall allow an applicant of a devel- opment activity that has failed an initial con- currency test to request an administrative re- consideration of the concurrency test results or prepare a modified project submission. 3. Timing: Requests for reconsideration shall be made in writing within ten (10) calen- dar days of the Department’s written notifica- tion. Requests for reconsideration shall be directed to the Department Administrator, and be filed with the Development Services Division counter no later than 5:00 p.m. of the tenth day. 4. Options to Achieve Concurrency: The Department shall allow an applicant to submit alternative data, provide a traffic mitigation plan, or reduce the size of the project in order to achieve concurrency. 5. One Hundred Twenty (120) Day Time Limit Suspended: Upon receipt of a request for reconsideration, the one hundred twenty (120) day permit review time limit established in RMC 4-8-080E, Permit Classification Time Frames, shall be suspended temporarily until the decision date to allow an applicant to pre- pare any supplemental information, and to al- low Department review of the request for re- consideration and data submitted. H. APPEAL OF PROJECT APPLICATION DENIAL: 1. A project applicant may appeal the denial of a development activity based upon failure of a concurrency test. The appeal shall be based upon one or both of the following grounds: a. Technical error; or b. The applicant submitted alternative data or a traffic mitigation plan that was rejected by the City. 2. If the development activity requires a Type I, II, or III permit as defined in chapter 4-8 RMC, the decision to deny a finding of concurrency may be appealed to the Hearing Examiner for an open record appeal. The de- cision of the Hearing Examiner may be ap- pealed to the City Council for a closed record appeal. 3. If the development activity requires a Type V or VI permit as defined in chapter 4-8 RMC, the decision to deny a finding of con- currency may be appealed to the City Council for a closed record appeal, or the Shoreline Hearings Board, as appropriate. 4. If the development activity requires a Type IV, VII, VIII, IX or X permit as defined in chapter 4-8 RMC, the decision to deny a find- ing of concurrency may be appealed to Supe- rior Court. I. CONCURRENCY INQUIRY: 1. An applicant may inquire whether or not there is sufficient capacity available to ac- commodate a development without submit- ting a development application. 2. Available capacity cannot be reserved based on a preliminary inquiry. 3. A written finding of concurrency will only be issued in conjunction with a development activity permit application. (Ord. 4708, 3-2-1998) 4-6-080 WATER SERVICE STANDARDS: A. COMPLIANCE REQUIRED: It shall be unlawful for any person to make any connection with any service or branch pipe thereof or make any repairs or additions to or al- terations of any pipe, stop and waste cock or any fixtures connected or designed to be connected with the City water system, except in compliance with this Chapter. (Ord. 1437, 8-28-1952) 4-6-080B (Revised 4/12)6 - 26 1. Building Section Responsibility for Report to Engineer: It shall be the duty of the person in charge of the issuance of build- ing permits to report to the Utilities Engineer the beginning of construction or repairs of all buildings in the City, giving the official house number and street name, the lot, block and addition. (Ord. 1437, 8-28-1952; Amd. Ord. 2823, 1-21-1974; Amd. Ord. 2845, 4-15-1974) B. CONNECTION WITHOUT PERMISSION PROHIBITED: It shall be unlawful for any person to make con- nections with any fixtures or connect any pipe with any water main or water pipe belonging to the water system without first obtaining permis- sion from the Public Works Administrator. (Ord. 1437, 8-28-1952; Amd. Ord. 2823, 1-21-1974; Ord. 5450, 3-2-2009) C. CONNECTION TO WATER MAIN REQUIRED: Upon the presentation at the office of the Utilities Engineer of the Administrative Services Adminis- trator’s receipt for the installation fees, the Utilities Engineer shall cause the premises described in the application to be connected with the City’s wa- ter main by a service pipe extending at right an- gles from the main to the property line and including a stop cock placed within the lines of the street curb, which connection shall thereafter be maintained and kept within the exclusive control of the City. (Ord. 2849, 5-13-1974; Ord. 5547, 8-9-2010; Ord. 5654, 2-13-2012) 1. Utilities Engineer Maintenance Re- sponsibility: The Utilities Engineer will main- tain private services in streets which are being graded or regraded and will have such access on private property as shall be neces- sary to maintain such pipes during the work, and shall as soon as practicable upon com- pletion of the work relay said pipes in the streets. (Ord. 2849, 5-13-1974) a. Connection Required Prior to Street Paving: Whenever any public street or avenue is about to be improved by the laying of a permanent pavement thereon, it shall be the duty of each and every owner of real property fronting or abutting thereon to cause his property to be connected with water mains located in the street in front thereof, at least one wa- ter connection for each lot fronting or abutting upon said street. The connection shall be galvanized iron pipe of such size as shall be designated by the proper offi- cial, and the connection shall be brought to the property line in front of each lot af- fronting on such street. (Ord. 1090, 12-5-1939) b. City Notification of Requirement to Connect: Whenever the City is about to improve any street with a permanent paving, it shall be the duty of the desig- nated official to report to the Administra- tor the lot and block number of each lot or parcel of real estate abutting on such street to be paved and the name of the owner or agent thereof, together with the post office address of such person, which is not suitably connected to the water main as herein provided within ten (10) days of service of notice, such notice to specify the kind and size of pipe to be used. c. Failure to Connect: Whenever the owner or agent of any property shall have been served with such notice and shall fail, refuse or neglect to comply there- with, the City may make or cause to be made the connection and the Administra- tor shall, in addition to the cost and ex- penses of the street improvement to be assessed against the lot or lots of the owner so neglecting, add the cost of making the connection which amount shall be the actual cost of making such connection. (Ord. 1090, 12-5-1939; Amd. Ord. 2823, 1-21-1974, eff. 1-30-1974) D. SEPARATE WATER SERVICE CONNECTIONS REQUIRED: A separate service connection with the City water main must be installed by every residence and commercial building supplied with City water in front of which there is a main, and the buildings so supplied will not be allowed to supply water to other buildings, except temporarily where there are no mains located in the streets; provided, that when two (2) or more houses, buildings or other premises occupied by separate consumers are supplied from a single service connection, the owner shall immediately, upon notice from the Planning/Building/Public Works Department, sep- arate each customer’s line and apply for and con- nect individually to meters at the property line; if 4-6-080J 6 - 27 (Revised 5/18) separate services are not established within a reasonable time, not more than sixty (60) days af- ter such initial notice, the Department reserves the right to shut off the water and refuse further service to all such consumers. Such joint service may, however, be continued at the option of the Department, providing, one owner has agreed in writing to assume and be responsible for and pay the total water bill without any deductions for va- cancies or other reasons. Computation of the to- tal bill will be based on multiplying the quantity in each classification of the rate schedule by the number of consumers hooked up to one meter. The minimum monthly charge shall be the regular minimum charge multiplied by the number of con- sumers served. (Ord. 2849, 5-13-1974) E. ALTERNATIVE WATER SERVICE CONNECTION: In the event that a water main is not available as hereinabove set forth, but a customer is able to obtain service by extending such line, by means of an easement or similar right, across adjacent or neighboring property to a point where such main is located, then the Planning/Building/Public Works Administrator may sign a temporary ser- vice agreement with such customer allowing ser- vice until such time as a main is available in front of such property. At such time the customer shall then be required to connect to such main in front of his property and pay the then applicable fees therefor. (Ord. 3056, 8-9-1976) F. WATER USE FOR CONSTRUCTION PURPOSES: Water for building purposes will only be furnished upon the application of the owner or authorized agent of the property and the Utilities Engineer shall require payment in advance of any reason- able sum, not exceeding ten dollars ($10.00), in the case of any one building, for the water used in construction, and from time to time may require additional payments, when necessary to secure the City against loss. (Ord. 1437, 8-28-1952; Amd. Ord. 2823, 1-21-1974; Ord. 2845, 4-15-1974) G. SUPERVISION REQUIRED: All persons or local improvement districts desiring to extend water mains in the City must extend the same under the supervision of the City Utilities Engineer. H. PRIVATE WATER PIPE REQUIREMENTS: 1. Acceptable Pipe Materials: All pipe to be used for connection to the City water sys- tem shall be new pipe, either galvanized iron, cast iron or copper tubing. The Utilities Engi- neer may, at his discretion, permit the use of nonmetallic pipe where soil conditions may cause a deterioration of metallic pipe. 2. Minimum Pipe Size: Water supply lines other than metered service connections shall be not less than six inch (6") diameter pipe. Pipes of smaller size may be used when the Utilities Engineer determines that maximum fire rating is maintained or the line in question cannot be extended. 3. Minimum Pipe Installation Depth: All pipes shall be laid not less than two feet six inches (2'6") below the surface of the ground, except that in ungraded streets the pipe shall be laid three feet (3') below the established street grade. 4. Minimum Pressure Tolerance: All pipe shall be designed to withstand internal water pressure on one hundred fifty (150) pounds per square inch, and shall conform to the lat- est adopted standards of the American Water Works Association. 5. Sterilization Required: Pipe shall be sterilized in accordance with the regulations of the State Health Department. 6. General Design Requirements: All wa- ter system design and pipe sizes and quality to conform to the latest fire underwriters stan- dards and requirements. (Ord. 2849, 5-13-1974) I. METER SIZE: All meters shall be the same size as the tap and service connection. (Ord. 3636, 6-14-1982) J. PERMIT REQUIRED FOR METER REMOVAL OR RE-INSTALLATION: Whenever it is desired to have a meter removed or reinstalled the owner of the premises supplied, or to be supplied, by such meter shall file an ap- plication at the office of the Utilities Engineer and shall pay the cost in full for such removal or rein- stallation. (Ord. 3636, 6-14-1982) 4-6-080K (Revised 5/18)6 - 28 K. INSTALLATION OF SERVICE PRIOR TO COMPLETION OF STREET CONSTRUCTION: Whenever it is deemed prudent, in case of a new development or subdivision, to install the three- fourths inch (3/4”) service from the main to the property line, hereinafter referred to as “stub ser- vice” prior to completion of street construction, the City will provide such service for sixty percent (60%) of the then current installation cost for such service. At such time that meter installation is re- quested, the remaining balance of the then cur- rent rate shall be collected and paid for by such developer or subdivider. (Ord. 4287, 8-13-1990) 4-6-090 UTILITY LINES – UNDERGROUND INSTALLATION: A. PURPOSE: The purpose of these provisions is to ensure the health, safety, and welfare of the residents of the community and to establish minimum require- ments and procedures for the underground instal- lation and relocation of electrical and communication facilities within the City. B. ADMINISTERING AND ENFORCING AUTHORITY: The Community and Economic Development Ad- ministrator is responsible for the general adminis- tration and coordination of this Section. C. APPLICABILITY: 1. All new electrical or communication facil- ities shall be required to be installed under- ground, pursuant to the standards of this Section. 2. Existing overhead power and utility facili- ties abutting a development or redevelop- ment site triggering street frontage improvements under RMC 4-6-060 shall be required to be relocated underground, pursu- ant to the standards of this Section. D. EXEMPTIONS: 1. The following are exemptions to the re- quirements of this Section: a. Overhead power and utility facilities adjacent to a redevelopment site where a street modification under RMC 4-9-250D is granted to keep the existing overhead power and/or utility facilities above ground. b. Electric utility substations, pad- mounted transformers and switching fa- cilities not located on the public right-of- way. c. Electric transmission systems of a voltage fifty five (55) kv or more (includ- ing poles and wires) and equivalent com- munication facilities where the utility provider providing electrical energy pro- vides at its expense an underground street lighting circuit (including all con- ductors and conduits) to a point on the poles at least forty feet (40') above ground to serve utility provider owned street lighting fixtures to be mounted on the poles at said location. d. Ornamental street lighting stan- dards. e. Telephone pedestals and other equivalent communication facilities. f. Police and fire sirens, or any similar municipal equipment, including traffic- control equipment. g. Replacement of overhead facilities for a distance of three (3) or fewer spans (four (4) poles) or five hundred feet (500') exclusive of replacements due to casu- alty damage. h. Extensions, duplications, relocations or rebuilds to existing overhead electrical and communication facilities under the following conditions: i. When there are continuing re- quirements for poles, such as ser- vices to residences of King County when those residences are not re- quired to be undergrounded. How- ever, if there is a reasonable likelihood that undergrounding would occur in the foreseeable future, con- duit for underground crossings should be installed whenever feasi- ble as part of any ongoing street con- struction, reconstruction or overlayment project. 4-6-080F 6 - 29 (Revised 5/18) ii. When there are existing over- head electrical or communication fa- cilities that will not be removed (such as high tension wires), and the elec- trical and communication facilities to be removed by undergrounding are parallel to facilities that will not be re- moved. iii. When an existing single-family home is served with overhead elec- trical power lines from a pole that also serves other properties. How- ever, this exemption is merely a de- ferral; the property owner shall sign a recordable covenant agreeing to par- ticipate in undergrounding when the majority of the other properties served from the pole are under- grounded. i. Installations where the Administrator determines: i. There is a technological difficulty associated with the particular facility, or the particular real property in- volved; or ii. The cost of undergrounding such a facility outweighs the general wel- fare consideration implicit in under- ground installation; or iii. The growth pattern of the area has not been sufficiently established to determine the ultimate service re- quirements or major service routes. (Ord. 5798, 4-25-2016) E. PERMITS: 1. Permit Required: All new or replaced electrical or communication facilities shall re- quire a permit from the City of Renton prior to construction. 2. Fees Required: Fees shall be set forth in the City’s Fee Schedule published and on file with the City Clerk. 3. As-Built Plans Required for Under- ground Projects: As-built project drawings in a form and scale conforming to generally accepted engineering practice shall be sub- mitted in duplicate to the Development Ser- vices Division of the Department of Community and Economic Development within thirty (30) calendar days of the comple- tion of any underground project within the City. F.DESIGN STANDARDS: 1. Standards Applicable: All conductors, switches, transformers, and regulating de- vices shall be installed in accordance with the applicable national, State, and local safety standards. All structural devices shall be de- signed in accordance with the provisions of the latest edition of the International Building Code, subject to the provisions of the imme- diately following subsection. All conduit in- stallations shall comply with City of Renton standards. 2. Coordination with Other Facilities Re- quired: All underground facilities shall be in- stalled to coordinate with other underground facilities, i.e., water, sewer and gas pipelines, traffic control and other signal systems. When coordination requires installation practices that are more restrictive or demanding than the minimum standards required by applica- ble national, State and local codes and safety standards, the requirements of coordination shall be governing and controlling. 3. Wheel Load Requirements – Mini- mum: All vaults, handholes, ventilation grat- ings, and access covers and conduit in public rights-of-way shall be strong enough to with- stand a minimum ten thousand (10,000) pound wheel load. This wheel load require- ment may be restricted to traveled street ar- eas, provided the utility provider assumes re- sponsibility for upgrading facilities beyond the original traveled street areas if subsequent widening occurs. 4. Grading of Streets: Streets shall be graded to subgrade prior to the installation of underground facilities. 5. Joint Trenches: The utilization of a sin- gle trench (a joint or common trench) by all utility providers and/or franchise holders is authorized and encouraged. a. Delay of Permit Issuance: If at the time of application for an underground permit it does not appear that all utility 4-6-090G (Revised 5/18)6 - 30 providers involved in the undergrounding project have made appropriate arrange- ments for common trenches, the Admin- istrator may delay issuance of the permit until all utility providers involved in the re- location have provided satisfactory justifi- cation to the Administrator for not utilizing the common trench. b. Provision for Joint Services Across Public Right-of-Way Required: Where new structures require under- ground services that extend into or across public right-of-way to existing overhead distribution systems the prop- erty owner, owner’s agent or other per- sons applying for underground services shall provide adequate provisions and capacity for joint service usage in a trench with conduit or other required facil- ities for present and future service exten- sions to the structure. c. Responsibility for Notice: The prin- cipal utility to initiate the street crossing by owners, owners’ agent or other per- sons’ request shall notify the remaining electrical or communication utility when the common trench is available. 6. Standards for Above-Ground Installa- tions: Any equipment exempted in subsec- tion D of this Section, or otherwise permitted to be installed above ground, shall: a. Be placed within an enclosure or part of the building being served, or b. Be screened with masonry, decora- tive panels, and/or evergreen trees, shrubs, and landscaping sufficient to form an effective sight barrier within a pe- riod of five (5) years. The utility provider shall be responsible for the installation, maintenance, repair, or replacement of the screening materials when the above- ground facility is located on real property owned by the utility provider. When an above-ground facility is located on non- utility-owned real property, the owner(s) shall bear the expense of installation, maintenance, repair or replacement of screening materials. c. Be constructed with space frames and structural arrangements for holding equipment that is designed to have an uncluttered and neat appearance. 7. Standards for Above-Grade Pole Line Installations: If above-grade pole line instal- lations are permitted under the variance pro- cedures of this Section, conductors shall be placed in vertical alignment or any other alignment designated by the Public Works Administrator or designee. G. VARIANCES: Requests to vary from undergrounding require- ments that do not meet the above exemption cri- teria shall be processed as variances. See RMC 4-9-250. (Ord. 5798, 4-25-2016) H. APPEALS: Any decisions made in the administrative process described in this Section may be appealed pursu- ant to RMC 4-8-110, as it exists or may be amended. I. VIOLATIONS OF THIS SECTION AND PENALTIES: Unless otherwise specified, violations of this Sec- tion are code violations subject to RMC 1-3-2, as it exists or may be amended. (Ord. 2432, 9-23-1968; Ord. 2496, 8-25-1969; Ord. 3318, 5-14-1979, eff. 5-23-1979; Ord. 3592, 12-14-1982; Ord. 3763, 12-12-1983; Ord. 3832, 8-13-1984; Ord. 3951, 10-21-1985; Ord. 4352, 5-11-1992; Ord. 5156, 9-26-2005; Ord. 5450, 3-2-2009; Ord. 5675, 12-3-2012; Ord. 5676, 12-3-2012; Ord. 5875, 1-22-2018) 4-6-100 DEFINITIONS OF TERMS USED IN THIS CHAPTER: AIR GAP: A physical vertical separation through the free atmosphere sufficient to prevent back- flow between the free-flowing discharge end of the potable water system and the overflow level of the receiving vessel, tank, plumbing fixture or any other system. Physically defined as a dis- tance greater than or equal to twice the diameter of the supply pipe diameter, but in no case less than one inch (1"). (Ord. 4312, 5-13-1991) APPROVED: (for purposes of the Water Utility Provisions) Approved in writing by the Depart- ment of Health or other agency having jurisdic- tion. (Ord. 4312, 5-13-1991) 4-6-100I 6 - 31 (Revised 5/18) AUXILIARY SUPPLY: Any water source or sys- tem on or available to the premises other than the purveyor approved potable water supply. (Ord. 4312, 5-13-1991) BACKFLOW: The flow of water or any other liq- uid, gas or substance from any source back into the distribution pipes of the potable water supply system. (Ord. 4312, 5-13-1991) BACKFLOW PREVENTER: An approved as- sembly which prevents the backflow of water or any other liquid, gas or substance from any source back into the distribution pipes of the po- table water supply system. (Ord. 4312, 5-13-1991) BACKSIPHONAGE: The flow of water or any other liquid, gases or substances from any source back into the distribution pipes of the potable wa- ter supply system caused by the reduction of pressure in the potable water supply system. (Ord. 4312, 5-13-1991) BEST MANAGEMENT PRACTICES (BMPs): The methods of improving stormwater quality by preventing or reducing the discharge of pollut- ants, directly or indirectly into stormwater, surface water and groundwater. Such practices encom- pass a variety of managerial, operational, and structural measures that will reduce the amount of contaminants in stormwater and improve the quality of water resources. BMPs are separated into two broad categories: source control and treatment. Source control BMPs prevent contam- inants from entering water bodies or stormwater runoff. Treatment BMPs are structures that treat stormwater to remove contaminants. See also RMC 4-11-020 for BEST MANAGEMENT PRAC- TICES – WETLANDS. (Ord. 5478, 8-3-2009) BMPs: See “Best Management Practices (BMPs),” supra, and RMC 4-11-020. (Ord. 5478, 8-3-2009) BUILDING DRAIN: That part of the lowest hori- zontal piping of a drainage system which receives the discharge from soil, waste, and other drain- age pipes inside the walls of the building and con- veys it to the building sewer, beginning five feet (5') outside the inner face of the building walls. (Ord. 4343, 2-3-1992) BUILDING SEWER: See Sewer, Building. (Ord. 4343, 2-3-1992) COMBINED SEWER: A sewer receiving both surface runoff and sewage. (Ord. 4343, 2-3-1992) CONTAMINANT: A substance that will impair the quality of the water to a degree that it creates a serious health hazard. (Ord. 4312, 5-13-1991) CROSS CONNECTION: Any physical or poten- tial arrangement whereby a public water system is connected, directly or indirectly, with any other nonpotable water system, drain, sewer, conduit, pool, storage reservoir, plumbing fixture or other device which contains, or may contain, contami- nated water, sewer or other waste liquid of un- known or unsafe quality which may be capable of imparting contamination to the public water sys- tem as a result of backflow. Bypass arrange- ments, jumper connections, removable sections, swivel or change-over devices, or other tempo- rary or permanent devices through which back- flow may occur are considered to be cross connections. (Ord. 4312, 5-13-1991) DOUBLE CHECK VALVE ASSEMBLY: An ap- proved assembly composed of two (2) single, in- dependently acting check valves, either spring loaded or internally weighted, installed as a unit between two (2) tightly closing shutoff valves and having suitable connections for testing. (Ord. 4312, 5-13-1991) FWPCA: The Federal Water Pollution Control Act of 1956, PL 84-660, together with the amend- ments of 1966, 1972, and as same may be here- after amended; Public Law 92-500 and all subsequent amendments thereto. (Ord. 4343, 2-3-1992) HEALTH HAZARD: A physical or toxic hazard which could be dangerous to health. (Ord. 4312, 5-13-1991) ILLICIT CONNECTION: Any infrastructure con- nection to the municipal stormwater sewer sys- tem that is not intended, permitted or used for collecting and conveying stormwater or non- stormwater discharges allowed as specified in RMC 4-6-030. Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected di- rectly to the MS4. (Ord. 5478, 8-3-2009; Ord. 5873, 1-8-2018) ILLICIT DISCHARGE: Any discharge to the MS4 that is not composed entirely of stormwater or of non-stormwater discharges allowed as specified 4-6-100I (Revised 5/18)6 - 32 in RMC 4-6-030. (Ord. 5478, 8-3-2009; Ord. 5873, 1-8-2018) INDUSTRIAL WASTES: The liquid wastes from industrial process as distinct from sanitary sew- age. (Ord. 4343, 2-3-1992) INFILTRATION: The volume of water or ground- water entering sewers and building sewer con- nections from the soil through defective joints, broken or cracked pipe, improper connections or other structural failures. (Ord. 4343, 2-3-1992) LONG-RANGE WASTEWATER MANAGE- MENT PLAN: See City Comprehensive Sewer Plan. (Ord. 4343, 2-3-1992) MS4: See “Municipal Separate Storm Sewer Sys- tem.” (Ord. 5478, 8-3-2009) MUNICIPAL SEPARATE STORM SEWER SYS- TEM: A conveyance or system of conveyances (including roads with drainage systems, munici- pal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): a. Owned or operated by the City of Renton; b. Designed or used for collecting or con- veying stormwater; c. Which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR 122.2; d. Which is not a combined sewer; and e. Which is defined as “large” or “medium” or “small” or otherwise designated by Ecol- ogy pursuant to 40 CFR 122.26. (Ord. 5478, 8-3-2009; Ord. 5873, 1-8-2018) NATIONAL POLLUTANT DISCHARGE ELIMI- NATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT: A permit issued by the Environmental Protection Agency (EPA) (or by the Washington Department of Ecology under au- thority delegated pursuant to 33 USC Section 1342(b)) that authorizes the discharge of pollut- ants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis. (Ord. 5478, 8-3-2009) NATURAL OUTLET: Any outlet into a water- course, pond, ditch, lake or other body of surface or groundwater. (Ord. 4343, 2-3-1992) NPDES: See “National Pollutant Discharge Elim- ination System (NPDES) Stormwater Discharge Permit.” (Ord. 5478, 8-3-2009) POTABLE WATER: Water which is safe for hu- man consumption, as described by the public health authority having jurisdiction. (Ord. 4312, 5-13-1991) POTW: See “Publicly Owned Treatment Works.” (Ord. 5478, 8-3-2009) PRESSURE VACUUM BREAKER: An assembly consisting of a spring loaded check valve and in- dependently operating air inlet valve, inlet and discharge shutoff valve, and properly installed test cocks. The air inlet valve is internally loaded to the open position, normally by means of a spring. This internal loading allows the assembly to be installed on the pressure side of a shutoff valve. It is designed to protect against backsi- phonage only. (Ord. 4312, 5-13-1991) PUBLICLY OWNED TREATMENT WORKS: Any device or system used in treatment of municipal sewage or industrial wastes of a liquid nature which is publicly owned. (Ord. 5478, 8-3-2009) REDUCED PRESSURE PRINCIPLE BACK- FLOW PREVENTER: An assembly consisting of two (2) independently acting spring operated check valves, separated by a spring loaded differ- ential pressure relief valve, which is installed as a unit between two (2) tightly closing shutoff valves and having suitable connections for testing. (Ord. 4312, 5-13-1991) SEWAGE: A combination of the water-carried wastes from residences, business buildings, insti- tutions, and industrial establishments, together with such ground, surface, and stormwaters as may be present. (Ord. 4343, 2-3-1992) SEWAGE TREATMENT PLANT: Any arrange- ment of devices and structures used for treating sewage. SEWAGE WORKS: All facilities for collecting, pumping, treating, and disposing of sewage. SEWER: A pipe or conduit for carrying sewage. SEWER, BUILDING: The extension from the building drain to the public sewer or other place of disposal. 4-6-110 6 - 33 (Revised 5/18) SEWER, PUBLIC: That portion of a sanitary sewer and its appurtenances located on property, easements and rights-of-way held, owned, con- trolled and accepted by the City or other public authority. SEWER, SANITARY: A sewer which carries sew- age and to which storm, surface, and groundwa- ters are not intentionally admitted. SIDE SEWER: See Sewer, Building. SIDE SEWER STUB: That portion of the building sewer between primary collection lines and indi- vidual property lines. STORM SEWER and STORM DRAIN: A sewer which carries storm and surface waters and drainage, but excludes sewage and polluted in- dustrial wastes. STORMWATER: Runoff during and following precipitation and snowmelt events, including sur- face runoff, drainage or interflow. (Ord. 5873, 1-8- 2018) WATERCOURSE: A channel in which a flow of water occurs either continuously or intermittently. (Ord. 4343, 2-3-1992) 4-6-110 VIOLATIONS OF THIS CHAPTER AND PENALTIES: Unless otherwise specified, violations of this Chapter are misdemeanors subject to RMC 1-3-1. (Ord. 4856, 8-21-2000; Ord. 5159, 10-17-2005) 7 - i (Revised 5/18) Chapter 7 SUBDIVISION REGULATIONS CHAPTER GUIDE: Chapter 4-7 RMC contains procedures and review criteria for subdivisions, binding site plans, and lot line adjustments. Submittal requirements can be found in chapter 4-8 RMC, and fee information can be found in chapter 4-1 RMC. Detailed improvement requirements, such as streets and utilities can be found in chapter 4-6 RMC. This Chapter last amended by Ord. 5868, December 11, 2017. SECTION PAGE NUMBER NUMBER 4-7-010 TITLE, PURPOSE AND SCOPE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 A.Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 B.Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 C.Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1. Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. City Approval of Segregations Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 a. Method of Calculating Lot Size for a Segregation . . . . . . . . . . . . . . . . . . 1 D.Conflicts with Other Codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 E.State Enabling Legislation as It Applies to This Chapter . . . . . . . . . . . . . . . . . . . 1 4-7-020 ADMINISTERING AUTHORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 A.Department of Community and Economic Development (CED) . . . . . . . . . . . . . 1 B.Administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 C.Hearing Examiner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 D.Public Works Administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4-7-030 NOTIFICATION OF OTHER AGENCIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 A.Notice to Other Jurisdictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 B.Notice for State Highways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4-7-040 EXCEPTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 A.Chapter Inapplicable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4-7-050 GENERAL OUTLINE OF SUBDIVISION, SHORT PLAT AND LOT LINE ADJUSTMENT PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 A.Pre-Application Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 B.Application for Lot Line Adjustment – General Overview of Procedures . . . . . . . 2 1. Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2. Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3. Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4. Recording . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 C.Application for Short Subdivision – General Overview of Procedures . . . . . . . . . 2 1. Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2. Public Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3. Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4. Short Plats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5. Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6. Recording . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 (Revised 5/18)7 - ii SECTION PAGE NUMBER NUMBER D.Application for Subdivision – General Overview of Procedures . . . . . . . . . . . . . 2 1. Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2. Public Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3. Initial Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4. Recommendation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5. Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6. Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7. Final Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 8. Recording . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4-7-060 DETAILED PROCEDURES FOR LOT LINE ADJUSTMENTS . . . . . . . . . . . . 3 A.Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 B.Principles of Acceptability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1. Correcting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2. Improving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3. Approval Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4. Non-Evasive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 C.Submittal Requirements for Lot Line Adjustments . . . . . . . . . . . . . . . . . . . . . . . 4 D.Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 E.Administrative Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1. Review Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2. Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3. Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4. Approval with Modification(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5. Denial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 F.Final Recording . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 G.Transfer of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 H.Expiration Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4-7-070 DETAILED PROCEDURES FOR SHORT SUBDIVISIONS . . . . . . . . . . . . . . . 4 A.Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 B.Principles of Acceptability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1. Legal Building Sites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2. Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3. Physical Characteristics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4. Drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 C.Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1. Short Plat Process Applicable to Division into Nine (9) or Less Lots . . . . . . 5 2. Preliminary Plat Required for Certain Divisions . . . . . . . . . . . . . . . . . . . . . . 5 D.Pre-Application Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 E.Submittal Requirements for Short Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . 5 F.Referral to Other Departments and Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 G.Public Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 H.Administrative Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1. Review Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2. Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3. Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4. Approval with Modification(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5. Referral to the Hearing Examiner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7 - iii (Revised 5/18) SECTION PAGE NUMBER NUMBER 6. Denial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7. Reconsideration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 I.Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 J.Required Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 K.Final Short Plat Map Submittal Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . 6 L.Filing Short Plat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1. Right-of-Way Dedications Require Separate Approval . . . . . . . . . . . . . . . . . 6 2. Administrator Signature and Recording Fees . . . . . . . . . . . . . . . . . . . . . . . . 6 3. Recording Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 M.Expiration Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 N.Limitations on Further Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 O.Administrative Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4-7-080 DETAILED PROCEDURES FOR SUBDIVISION . . . . . . . . . . . . . . . . . . . . . . . 7 A.Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 B.Principles of Acceptability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 1. Legal Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2. Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 3. Physical Characteristics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4. Drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 C.Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 D.Pre-Application Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 E. Neighborhood Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 F.Submittal Requirements for Preliminary Plat Application . . . . . . . . . . . . . . . . . . 7 G.Referral to Other City Departments and Agencies . . . . . . . . . . . . . . . . . . . . . . . 7 H.Time Limitation for Approval or Disapproval of Plats . . . . . . . . . . . . . . . . . . . . . 7 I.Hearing Examiner Public Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 1. Public Hearing Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2. Public Notice Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 J.Health Agency Recommendation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 K.(Deleted by Ord. 5519, 12-14-2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 L.Expiration Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 1. Expiration and Extension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2. Additional Extensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3. Extension Time Increments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4. Phased Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 M. Plat Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 1. Plat Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2. Major Plat Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3. Minor Plat Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4-7-090 UNIT LOT SUBDIVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 B. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 C. Principles of Acceptability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 1. Parent Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2. Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3. Physical Characteristics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4. Drainage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 (Revised 5/18)7 - iv SECTION PAGE NUMBER NUMBER D. Scope and Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 1. Short Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2. Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3. Site Plan Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 E. Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 1. Residential Development Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2. Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3. Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4. Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 5. Existing Nonconforming Townhouse Developments . . . . . . . . . . . . . . . . . . 10 F. Unit Lot Subdivision Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 1. Unit Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2. Siting of Unit Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3. Parent Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4. Density . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 5. Design and Open Space Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 6. Homeowners’ Association and Covenants . . . . . . . . . . . . . . . . . . . . . . . . . 10 a. Covenants and Homeowners’ Association . . . . . . . . . . . . . . . . . . . . . . 10 b. Maintenance of Common Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 7. Timing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 8. Recorded Plat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4-7-100 INSTALLATION OF IMPROVEMENTS OR BONDING IN LIEU OF IMPROVEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 A.Required Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 B.Inspection, Approval and Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 C.Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 D.Final Recording . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 E.Deferred Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4-7-110 FINAL PLAT PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 A.Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 1. Submittal to Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 2. Conformance with Preliminary Plat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 3. Submittal Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4. Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 B.Referral to Other Departments and Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . 12 C.Administrator Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 D.Setting of Monuments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 E.Filing Final Plat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 F.Expiration of Plat After Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4-7-120 COMPATIBILITY WITH EXISTING LAND USE AND PLAN – GENERAL REQUIREMENTS AND MINIMUM STANDARDS . . . . . . . . . . . . 12 A.Continuity with Improved Additions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 B.Conformity with Existing Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 C.Trails Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4-7-130 ENVIRONMENTAL CONSIDERATION – GENERAL REQUIREMENTS AND MINIMUM STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 A.Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 7 - v (Revised 5/18) SECTION PAGE NUMBER NUMBER B.Action Not a Taking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 C.Environmental Considerations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 1. Land Unsuitable for Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 a. Flooding/Inundation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 b. Steep Slopes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 2. Native Growth Protection Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 3. Land Clearing and Tree Retention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 4. Streams . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 a. Preservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 b. Method . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 c. Culverting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 d. Clean Water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 4-7-140 PARKS AND OPEN SPACE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 4-7-150 STREETS – GENERAL REQUIREMENTS AND MINIMUM STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 A.Relationship to Adjoining Street System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 B.Street Names . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 C.Arterials, Intersections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 D.Street Alignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 E.Street Pattern . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 1. Grid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 2. Linkages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 3. Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 4. Connections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5. Alley Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 6. Alternative Configurations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 7. Cul-de-Sac Streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 F.Improvements Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 G.Adjacent or Abutting Unplatted Acreage . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.1 4-7-160 RESIDENTIAL BLOCKS – GENERAL REQUIREMENTS AND MINIMUM STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.1 A.Width . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.1 B.Walkways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.1 4-7-170 RESIDENTIAL LOTS – GENERAL REQUIREMENTS AND MINIMUM STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.1 A.Arrangement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.1 B.Access Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.1 C.Minimum Size . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.1 D.Minimum Width . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.1 E.Maximum Lot Dimension Ratio . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.1 F.Property Corners at Intersections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.1 G.Flag Lots, When Allowed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.1 4-7-180 INDUSTRIAL AND COMMERCIAL BLOCKS AND LOTS – GENERAL REQUIREMENTS AND MINIMUM STANDARDS . . . . . . . . . . . . . . . . . . . . 14.2 A.Property Corners at Intersections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 B.Lot Orientation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 C.Lot Arrangement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 (Revised 5/18)7 - vi SECTION PAGE NUMBER NUMBER 4-7-190 PUBLIC USE AND SERVICE AREA – GENERAL REQUIREMENTS AND MINIMUM STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 A.Easements for Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 B.Utilities in Tracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 C.Community Assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 4-7-200 INSTALLATION OF UTILITIES – GENERAL REQUIREMENTS AND MINIMUM STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 A.Sanitary Sewers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 B.Storm Drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 C.Water System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 D.Underground Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 E.Cable TV Conduits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 F. Latecomer’s Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 4-7-210 OTHER IMPROVEMENTS – GENERAL REQUIREMENTS AND MINIMUM STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 A.Monuments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 B.Survey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 C.Street Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 4-7-220 HILLSIDE SUBDIVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 A.Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 B.(Deleted by Ord. 5519, 12-14-2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 C.Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 1. Application Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 2. Grading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 3. Tracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 4. Streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5. Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 6. Erosion Control Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 4-7-230 BINDING SITE PLANS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 A. Purpose and Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 1. Optional Methods of Subdivisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 2. Alternative Ownership Options or Alternative Standards. . . . . . . . . . . . . . . 17 3. Procedural Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 B. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 C. Approval Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 D. Additional Criteria for Binding Site Plans Proposing Commercial Condominium Sites or Merging with Planned Urban Development Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 1. Condominium – Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 2. Condominium – Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 3. Planned Urban Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 E. Application Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 1. General Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 F. Required Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 1. Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 2. Phasing of Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 G. Access Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 7 - vii (Revised 3/17) SECTION PAGE NUMBER NUMBER H. Permit Procedures for Binding Site Plan Approval . . . . . . . . . . . . . . . . . . . . . . 20 1. Permit Type . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 2. Review Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 I. Merger with Site Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 1. Review Standards for a Previously Approved Site Plan . . . . . . . . . . . . . . . 20 2. Review Standards for Concurrent Site Plan Application . . . . . . . . . . . . . . . 20 J. Merger with Development Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 K. Review Authority Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 1. Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 2. Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 3. Approval with Modifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 4. Referral to the Hearing Examiner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 5. Denial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 6. Reconsideration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 L. Right-of-Way Dedication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 M. Survey and Recording . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 1. Administrator Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 2. Filing by City Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 N. Binding Effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 1. Legal Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 2. Enforceable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 O. Expiration and Extension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 1. Expiration Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 2. Expiration Period for Merged Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 3. Extension of Expiration Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 4. Extension of Expiration Period for Phased Projects . . . . . . . . . . . . . . . . . . 22 P. Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Q. Alteration or Vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 1. Alteration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 2. Vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 4-7-240 VARIANCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 A.Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 4-7-250 VIOLATIONS OF THIS CHAPTER AND PENALTIES . . . . . . . . . . . . . . . . . . 23 4-7-030B 7 - 1 (Revised 5/18) 4-7-010 TITLE, PURPOSE AND SCOPE: A. TITLE: This Chapter shall be hereinafter known as the City of Renton Subdivision Code. B. PURPOSE: The purpose of this Chapter is to provide rules, regulations, requirements, and standards for sub- dividing land in the City, and for administrative procedures for adjustments of lot lines in the City, ensuring that the public health, safety, general welfare, and aesthetics of the City shall be pro- moted and protected; that orderly growth, devel- opment, and the conservation, protection and proper use of land shall be ensured; that proper provisions for all public facilities (including circu- lation, utilities, and services) shall be made; that the site characteristics shall be taken into consid- eration; that conformance with provisions set forth in the City Zoning Code and Comprehensive Plan shall be insured. C. SCOPE: 1. Division: This Chapter shall apply to the division of land for sale or lease into two (2) or more parcels and to the modification of lot lines between adjoining parcels. 2. City Approval of Segregations Re- quired: Segregations require plat or short plat approval by the City of Renton. a. Method of Calculating Lot Size for a Segregation: For the purposes of com- puting the size of any segregation which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the center- line of the road or street and the side lot lines of the lot running perpendicular to such centerline. D. CONFLICTS WITH OTHER CODES: Where this Chapter imposes greater restrictions or higher standards upon the development of land than other laws, ordinances or restrictive cove- nants, the provisions of this Chapter shall prevail. E. STATE ENABLING LEGISLATION AS IT APPLIES TO THIS CHAPTER: This Chapter is in conformance with chapter 58.17 RCW regulating platting, subdivision, ad- justing lot lines, and the dedication of land; and further provides for administrative procedures for the adjustment of lot lines. 4-7-020 ADMINISTERING AUTHORITY: A. DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT (CED): CED is responsible for the administration and co- ordination of this Chapter including but not limited to reviewing all engineering and technical require- ments of this Chapter, unless another department is authorized to administer and enforce a specific section or sections. B. ADMINISTRATOR: The Community and Economic Development Ad- ministrator shall review and make recommenda- tions to the Hearing Examiner for preliminary plats, but shall have the authority to approve short plats and final plats. (Ord. 5676, 12-3-2012) C. HEARING EXAMINER: The Hearing Examiner is authorized to hold a public hearing on all preliminary plats and ap- prove, conditionally approve, or deny all prelimi- nary plats. D. PUBLIC WORKS ADMINISTRATOR: The Administrator of the Department of Public Works is authorized to sign final plats approved by the Administrator of the Department of Com- munity and Economic Development. (Ord. 5519, 12-14-2009; Ord. 5868, 12-11-2017) 4-7-030 NOTIFICATION OF OTHER AGENCIES: A. NOTICE TO OTHER JURISDICTIONS: Notice of the filing of a preliminary plat of a pro- posed subdivision in the City, which subdivision is adjacent to or abutting the City’s municipal boundaries, or which contemplates the use of King County’s or any other city’s utilities shall be sent to the appropriate county or city authorities. B. NOTICE FOR STATE HIGHWAYS: Notice of the filing of a preliminary plat or short plat located abutting the right-of-way of a State highway shall be sent to the State Department of Transportation. (Ord. 5676, 12-3-2012) 4-7-040A (Revised 5/18)7 - 2 4-7-040 EXCEPTIONS: A. CHAPTER INAPPLICABLE: The provisions of this Chapter do not apply to: 1. Cemeteries and burial plots while used for that purpose. 2. Divisions made by testamentary provi- sions, or the laws of descent. 3. Division of land due to condemnation or sale under threat thereof, by an agency or di- vision of government vested with the power of condemnation, or by court judgment. 4. Divisions of land classified for industrial or commercial use into lots or tracts when the City has approved a binding site plan in ac- cordance with all applicable requirements of the Renton Municipal Code and chapter 58.17 RCW. (Ord. 4954, 2-11-2002) 4-7-050 GENERAL OUTLINE OF SUBDIVISION, SHORT PLAT AND LOT LINE ADJUSTMENT PROCEDURES: A. PRE-APPLICATION MEETING: Any person who desires to subdivide land in the City should request a preapplication meeting with the Department at an early date in order to be- come familiar with the requirements of this Chap- ter. B. APPLICATION FOR LOT LINE ADJUSTMENT – GENERAL OVERVIEW OF PROCEDURES: The general administrative procedures for pro- cessing applications for a lot line adjustment are as follows: 1. Application: The completed application is filed with the Department; 2. Review: The application is reviewed by the Department staff; 3. Decision: The adjustment is either ap- proved, modified, or denied by the Adminis- trator; (Ord. 5676, 12-3-2012) 4. Recording: The approved lot line adjust- ment is recorded by the City Clerk with the King County Department of Records and Elections. C. APPLICATION FOR SHORT SUBDIVISION – GENERAL OVERVIEW OF PROCEDURES: The general procedures for processing applica- tions for a short subdivision are as follows: 1. Application: The completed application is filed with the Department. 2. Public Notice: Public comment is re- quested by the following: (a) a notice board on the site, (b) a notice in a newspaper of general local circulation, and (c) written notice is mailed to all property owners within three hun- dred feet (300') of the subject property. A four- teen (14) day comment period is provided prior to a determination on the application. 3. Review: The application is reviewed by the Department and other interested City de- partments and outside agencies. 4. Short Plats: The Administrator may ap- prove, modify, or deny the short subdivision; or transfer the matter to the Hearing Exam- iner for a public hearing and decision. (Ord. 5519, 12-14-2009; Ord. 5676, 12-3-2012) 5. Improvements: The Department will confirm that the required improvements have been installed by the applicant, or deferred by the Administrator. (Ord. 5156, 9-26-2005; Ord. 5519, 12-14-2009; Ord. 5676, 12-3-2012) 6. Recording: The final short plat is submit- ted to the Department for final review, ap- proval and recording. (Ord. 5519, 12-14-2009) D. APPLICATION FOR SUBDIVISION – GENERAL OVERVIEW OF PROCEDURES: The general procedures for processing an appli- cation for a subdivision are as follows: 1. Application: The completed application is filed with the Department. 2. Public Notice: Public comment is re- quested by the following: (a) a notice board on the site, (b) a notice in a newspaper of general 4-7-060B 7 - 3 (Revised 5/18) local circulation, and (c) written notice is mailed to all property owners within three hun- dred feet (300') of the subject property. A four- teen (14) day comment period is provided prior to a public hearing on the application. 3. Initial Review: The application is re- viewed by the Department and other inter- ested City departments and outside agencies. 4. Recommendation: The Administrator will send a recommendation to the Hearing Examiner along with the environmental deter- mination. 5. Hearing: The Hearing Examiner shall hold a public hearing and issue a final deter- mination regarding the preliminary plat. (Ord. 5519, 12-14-2009) 6. Improvements: The Department will confirm that the required improvements have been installed by the applicant, or deferred by the Administrator. (Ord. 5156, 9-26-2005; Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012) 7. Final Review: The applicant submits the final plat to the Department of Community and Economic Development for its review. The CED Department shall approve, deny, or return to the applicant for modification or cor- rection a proposed final plat. If approved, the final plat will be forwarded to the Administra- tor of the Public Works Department for sign- ing. (Ord. 5519, 12-14-2009) 8. Recording: The approved final plat is re- corded with the King County Recorder’s Of- fice. (Ord. 5519, 12-14-2009; Ord. 5868, 12- 11-2017) 4-7-060 DETAILED PROCEDURES FOR LOT LINE ADJUSTMENTS: A. PURPOSE: A lot line adjustment shall only be used to transfer land between abutting legally created lots for the purpose of rectifying a disputed property line lo- cation or freeing such a boundary from any differ- ence or discrepancies, improving lot design or access, or attaining compliance with Title IV stan- dards or requirements, provided no additional lot, parcel or tracts are created. (Ord. 5676, 12-3-2012; Ord. 5728, 10-20-2014) B. PRINCIPLES OF ACCEPTABILITY: A lot line adjustment shall be consistent with the following principles of acceptability: 1. Correcting: Adjust lot lines including the elimination of a common lot line in order to correct property line or setback encroach- ments; 2. Improving: Create better lot design, or improve access; 3. Approval Criteria: a. An additional lot, parcel or tract shall not be created; and b. The subject lots, parcels or tracts are within the same zoning district; and c. The proposed adjustments shall not cause the lots, parcels or tracts to in- crease the nonconformity with respect to applicable zoning (see RMC 4-2), subdi- vision and other code requirements per- taining to lot design, building location, and development standards; and d. The adjusted lot line(s) is shared by the subject lots. 4. Non-Evasive: Lot line adjustments shall not serve to eliminate or circumvent any state or local requirements, including but not lim- ited to frontage improvements, payment of fee-in-lieu, payment of latecomer fees or the installation of required infrastructure. a. Assessment of fees, right-of-way dedication and frontage improvements for the entire length of the property line(s) bordering rights-of-way may be required as a condition of approval for a lot line ad- justment. b. Lots, parcels or tracts that are in- creased in area by lot line adjustments shall not be permitted to be subdivided for five (5) years following the date upon which the lot line adjustment is recorded or three (3) years following the approval of a lot line adjustment, whichever is lon- ger, unless the following is met: i. The subdivision application in- cludes all lots, parcels and tracts in- 4-7-060C (Revised 5/18)7 - 4 volved in the lot line adjustment in the overall subdivision; or ii. All required infrastructure, includ- ing but not limited to frontage im- provements, required infrastructure and utility lines are constructed along the frontage of all lots included in the lot line adjustment. (Ord. 5728, 10- 20-2014) C. SUBMITTAL REQUIREMENTS FOR LOT LINE ADJUSTMENTS: Shall be as stipulated in RMC 4-8-120. (Ord. 5728, 10-20-2014) D. FEES: Shall be as stipulated in RMC 4-1-170. (Ord. 5728, 10-20-2014) E. ADMINISTRATIVE REVIEW: 1. Review Time: The Administrator will re- view and take action on the proposed lot line adjustment within thirty (30) working days of receiving a completed application. 2. Action: The Administrator may approve, request corrections by the applicant, approve with modifications, or deny the application for a lot line adjustment. 3. Approval: If approved, the lot line adjust- ment mylar map shall be signed and dated by the Administrator. The applicant shall be noti- fied in writing of the decision. The signed my- lar map shall be filed with the King County Recorder’s Office. 4. Approval with Modification(s): If modi- fication(s) are deemed necessary by the Ad- ministrator, they may be added to the original lot line adjustment map or a revised map may be required. The applicant will be notified of any such modification action. If a modification of the original lot line adjustment map, legal description or other information is necessary, the projected approval date may be ex- tended. 5. Denial: If denied, the lot line adjustment shall be marked “Denied” and the applicant shall be notified in writing of the decision, stating the reasons therefor. (Ord. 5728, 10- 20-2014) F. FINAL RECORDING: The lot line adjustment does not become effective until it is recorded with the King County Re- corder’s Office. After two (2) copies of the signed mylar map are made for City records, the mylar map shall be sent to the City Clerk’s office for re- cording. It is the responsibility of the City Clerk to record the approved map and new legal descrip- tions. A copy of the recorded documents shall be provided to the applicant by the Department of Community and Economic Development. (Ord. 5450, 3-2-2009; Ord. 5728, 10-20-2014) G. TRANSFER OF TITLE: The recording of a lot line adjustment does not constitute a transfer of title. Separate deeds to this effect must be recorded with the King County Department of Records and Elections and are not subject to these provisions. H. EXPIRATION PERIOD: If the lot line adjustment is not filed within two (2) years of the date of approval, the lot line adjust- ment shall be null and void. Upon written request of the applicant, the Planning/Building/Public Works Department may grant one extension of not more than one year. Such request must be re- ceived by the Department prior to the two (2) year expiration date. 4-7-070 DETAILED PROCEDURES FOR SHORT SUBDIVISIONS: A. PURPOSE: The procedures regulating short subdivisions, in- cluding segregations of nine (9) or fewer lots, are established to promote orderly and efficient divi- sion of lots on a small scale, avoiding placing un- due burdens on the subdivider and to comply with provisions of chapter 58.17 RCW. B. PRINCIPLES OF ACCEPTABILITY: A short plat shall be consistent with the following principles of acceptability: 1. Legal Building Sites: Create legal build- ing sites which comply with all provisions of the City Zoning Code. 2. Access: Establish access to a public road for each segregated parcel. 3. Physical Characteristics: Have suit- able physical characteristics. A proposed 4-7-070H 7 - 5 (Revised 5/18) short plat may be denied because of flood, in- undation, or wetland conditions. Construction of protective improvements may be required as a condition of approval, and such improve- ments shall be noted on the final short plat. 4. Drainage: Make adequate provision for drainage ways, streets, alleys, other public ways, water supplies and sanitary wastes. C. SCOPE: 1. Short Plat Process Applicable to Divi- sion into Nine (9) or Less Lots: Any land being divided into nine (9) or less parcels, lots, tracts, sites, or subdivisions, including segregations, and that has not been divided in a short subdivision within the preceding five (5) years, shall conform to the proce- dures and requirements of this Section. For the purpose of distinguishing a short plat ap- plication from a preliminary plat application, tracts proposed to be created for the purpose of ensuring the continued protection of fea- tures or facilities located therein, with equal and undivided ownership among the lot own- ers, their successors and heirs, shall not con- tribute to the total number of subdivided units of land. 2. Preliminary Plat Required for Certain Divisions: No application for a short subdivi- sion shall be approved if the land being di- vided is held in common ownership with a contiguous parcel that has been subdivided in a short subdivision within the preceding five (5) years. Such applications shall be pro- cessed as preliminary plat, rather than a short plat. (Ord. 5793, 4-25-2016) D. PRE-APPLICATION MEETING: An applicant may submit materials for preliminary staff review prior to submittal of the short plat ap- plication. Staff shall review the materials and in- form the applicant of any initial concerns and recommendations for revisions. This shall not preclude staff from making further recommenda- tions. Required materials are as follows and shall provide the content, details and number of copies as officially declared by the Administrator: 1. Project narrative; 2. Vicinity map; 3. Site plan; and 4. Other materials that may be applicable to the subject property, as officially declared by the Administrator. (Ord. 5793, 4-25-2016) E. SUBMITTAL REQUIREMENTS FOR SHORT SUBDIVISION: Submittal requirements for a short subdivision ap- plication shall be as stipulated in RMC 4-8-120. F. REFERRAL TO OTHER DEPARTMENTS AND AGENCIES: Upon receipt of an application for a short plat, the Department shall transmit one copy to any de- partment or agency as warranted. G. PUBLIC NOTICE: Public notice shall be provided in accordance with RMC 4-8-090, Public Notice Requirements. (Ord. 5676, 12-3-2012; Ord. 5793, 4-25-2016) H. ADMINISTRATIVE REVIEW: 1. Review Time: The Administrator will re- view and take action on the proposed short plat within the “time limits” as defined in chap- ter 58.17 RCW. A fourteen (14) day public comment period shall be provided prior to any final action by the Administrator on the pro- posed short plat. (Ord. 5793, 4-25-2016) 2. Action: The Administrator may approve, approve with modifications, or deny the appli- cation for a short plat. Action for short plats otherwise referred to the Hearing Examiner shall be by the Hearing Examiner. Every de- cision or recommendation made under this Section shall include findings of fact and con- clusions to support the decision or recom- mendation. (Ord. 5519, 12-14-2009) 3. Approval: If the Administrator finds that the proposed plat makes appropriate provi- sions for the public health, safety, and gen- eral welfare and for such open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and school grounds and all other relevant facts and that the public use and interest will be served by the proposed short plat, then it shall be ap- proved. The applicant shall be notified in writ- ing of the decision. 4. Approval with Modification(s): If modi- fication(s) are deemed necessary by the Ad- 4-7-070I (Revised 5/18)7 - 6 ministrator, then they may be added to the preliminary short plat map or a revised map may be required. The applicant will be noti- fied of any such modification action. If a mod- ification of the preliminary short plat map, legal description or other information is nec- essary, the projected approval date may be extended. 5. Referral to the Hearing Examiner: If the Administrator determines that there are sufficient concerns by residents in the area of the short plat, or by City staff, to warrant a public hearing, then he/she shall refer the short plat to the Hearing Examiner for public hearing and decision by the Hearing Exam- iner. Notice of the public hearing shall be given as required for a full subdivision. (Ord. 5519, 12-14-2009) 6. Denial: If denied, the preliminary short plat map shall be marked “Denied” and the applicant shall be notified in writing of the de- cision, stating the reasons therefor. 7. Reconsideration: See RMC 4-8-100, Application and Decision – General. (Ord. 5853, 8-7-17) I. APPEAL: See RMC 4-8-110, Appeals. (Ord. 5853, 8-7-17) J. REQUIRED IMPROVEMENTS: The following tangible improvements shall be constructed or deferred before a final short plat is submitted or a short subdivision is recorded: grading and paving of streets and alleys, installa- tion of curbs, gutters, sidewalks, monuments, sanitary and storm sewers, street lights, water mains and street name signs, together with all ap- purtenances thereto to specifications and stan- dards of this Code, approved by the Department and in accordance with other standards of the City. A separate construction permit will be re- quired for any such improvements, along with as- sociated engineered plans prepared per the City drafting standards and associated fees. K. FINAL SHORT PLAT MAP SUBMITTAL REQUIREMENTS: The final short plat map which is submitted for fil- ing shall be as stipulated in RMC 4-8-120. L. FILING SHORT PLAT: 1. Right-of-Way Dedications Require Separate Approval: Any required or pro- posed right-of-way dedications must be sub- mitted to the Department for review and approval prior to filing of the short plat. All right-of-way dedications require approval by the Administrator or designee prior to filing of the short plat. (Ord. 5648, 12-12-2011) 2. Administrator Signature and Record- ing Fees: A short plat must be signed by the Administrator before it is filed. The final signed mylar shall remain with the Depart- ment until such time as the applicant requests that the short plat be recorded. The recording fees shall be paid by the subdivider. 3. Recording Process: The approved short plat will be sent to the City Clerk by the Department when the short plat is final and all prerequisites to filing have been completed. The short plat shall be filed by the City Clerk for record in the office of the King County De- partment of Records and Elections and shall not be deemed approved until so filed. M. EXPIRATION PERIOD: If the short plat is not filed within two (2) years of the date of approval, the short plat shall be null and void. Upon written request of the subdivider, the Planning/Building/Public Works Department may grant one extension of not more than one year. Such request must be received by the De- partment prior to the expiration of the short plat. N. LIMITATIONS ON FURTHER SUBDIVISION: Any land subdivided under the requirements of this Section shall not be further divided for a pe- riod of five (5) years without following the proce- dures for subdivision. Further short subdivision of lot(s) must be consistent with the then-current ap- plicable maximum density requirement as mea- sured within the plat as a whole. (Ord. 5153, 9-26-2005) O. ADMINISTRATIVE GUIDELINES: There shall be on file with the Department of Com- munity and Economic Development, and made available with each application issued, a set of ad- ministrative guidelines for drawing short plat maps, completing the application package and re- cording the plat. (Ord. 5450, 3-2-2009) 4-7-080H 7 - 7 (Revised 5/18) 4-7-080 DETAILED PROCEDURES FOR SUBDIVISION: A. PURPOSE: The procedures regulating subdivisions, includ- ing segregations of ten (10) or more lots, are es- tablished to promote orderly and efficient division of lots, avoiding placing undue burdens on the subdivider and to comply with provisions of chap- ter 58.17 RCW. B. PRINCIPLES OF ACCEPTABILITY: A subdivision shall be consistent with the follow- ing principles of acceptability: 1. Legal Lots: Create legal building sites which comply with all provisions of the City Zoning Code. 2. Access: Establish access to a public road for each segregated parcel. 3. Physical Characteristics: Have suit- able physical characteristics. A proposed plat may be denied because of flood, inundation, or wetland conditions. Construction of protec- tive improvements may be required as a con- dition of approval, and such improvements shall be noted on the final plat. 4. Drainage: Make adequate provision for drainage ways, streets, alleys, other public ways, water supplies and sanitary wastes. C. SCOPE: Any land proposed to be divided into ten (10) or more parcels, lots, tracts, sites, or subdivision, in- cluding segregations, or any land that has been divided under the short subdivision procedures within five (5) years, or any land that is held in common ownership with a contiguous parcel di- vided under the short subdivision procedures within the preceding five (5) years shall conform to the procedures and requirements of this Sec- tion. For the purpose of distinguishing a short plat application from a preliminary plat application, tracts proposed to be created for the purpose of ensuring the continued protection of features or facilities located therein, with equal and undivided ownership among the lot owners, their succes- sors and heirs, shall not contribute to the total number of subdivided units of land. (Ord. 5793, 4- 25-2016) D. PRE-APPLICATION MEETING: An applicant may submit materials for preliminary staff review prior to submittal of the preliminary plat application. Staff shall review the materials and inform the applicant of any initial concerns and recommendations for revisions. This shall not preclude staff from making further recommenda- tions. Required materials are as follows and shall provide the content, details and number of copies as officially declared by the Administrator: 1. Project narrative; 2. Vicinity map; 3. Site plan; and 4. Other materials that may be applicable to the subject property, as officially declared by the Administrator. (Ord. 5793, 4-25-2016) E. NEIGHBORHOOD MEETING: A neighborhood meeting shall be held by the ap- plicant in accordance with RMC 4-8-090A, Neigh- borhood Meetings. (Ord. 5793, 4-25-2016) F. SUBMITTAL REQUIREMENTS FOR PRELIMINARY PLAT APPLICATION: Application for a preliminary plat shall be made as stipulated in RMC 4-8-120. (Ord. 5793, 4-25- 2016) G. REFERRAL TO OTHER CITY DEPARTMENTS AND AGENCIES: The Department shall distribute one copy to the Fire and Emergency Services Department; one copy to the Police Department; one copy to the Parks Department; and one copy to each of the public utility agencies serving the area in which the subdivision is to be constructed. Each depart- ment or agency may file recommendations with the Department within ten (10) working days of receipt of the preliminary plat; or in the event that a preliminary plat meeting would be called by the Department may present their recommendation at that time. (Ord. 5793, 4-25-2016) H. TIME LIMITATION FOR APPROVAL OR DISAPPROVAL OF PLATS: The City will review and take action on the prelim- inary plat application within the time limits defined in chapter 58.17 RCW. (Ord. 5793, 4-25-2016) 4-7-080I (Revised 5/18)7 - 8 I. HEARING EXAMINER PUBLIC HEARING: 1. Public Hearing Required: The Hearing Examiner shall hold a public hearing on any preliminary plat and either approve, approve with conditions or deny the preliminary plat. The Hearing Examiner shall ensure confor- mance with the general purposes of the Com- prehensive Plan and adopted standards. The Hearing Examiner’s decision shall be sup- ported by findings of fact and conclusions of law. (Ord. 5519, 12-14-2009) 2. Public Notice Required: Public notice shall be provided in accordance with RMC 4- 8-090, Public Notice Requirements. (Ord. 5676, 12-3-2012; Ord. 5793, 4-25-2016) J. HEALTH AGENCY RECOMMENDATION: The health agencies responsible for approval of the proposed means of sewage disposal and wa- ter supply shall file with the CED Department, prior to the Hearing Examiner’s consideration of the preliminary plat, written statements as to the general adequacy of the proposed means of sew- age disposal and water supply. (Applicant is re- sponsible for submitting appropriate application forms to the Seattle-King County Health Depart- ment and for paying the Health Department re- view fee.) (Ord. 5519, 12-14-2009) K. (Deleted by Ord. 5519, 12-14-2009) L. EXPIRATION DATE: 1. Expiration and Extension: Preliminary plat approval shall lapse unless a final plat based on the preliminary plat, or any phase thereof, is submitted within five (5) years from the date of preliminary plat approval. One one-year extension shall be granted to an ap- plicant who files a written request with the Ad- ministrator at least thirty (30) days before the expiration of this five (5) year period, provided the applicant demonstrates that he/she has attempted in good faith to submit the final plat within the five (5) year period. (Amd. Ord. 4751, 11-16-1998) 2. Additional Extensions: Additional time extensions beyond this one-year time period may be granted by the Hearing Examiner if the applicant can show need caused by un- usual circumstances or situations which make it unduly burdensome to file the final plat within the four (4) year time period. The appli- cant must file a written request with the Hear- ing Examiner and the CED Department for this additional time extension; this request must be filed at least thirty (30) days prior to the plat expiration date. The request must in- clude documentation as to the need for the additional time period. (Ord. 5519, 12-14-2009) 3. Extension Time Increments: Additional time extensions shall be granted in not greater than one-year increments. 4. Phased Subdivision: In the case of a phased subdivision, final plat approval by the Administrator of any phase of the preliminary plat will constitute an automatic one-year ex- tension for the filing of the next phase of the subdivision. (Ord. 5519, 12-14-2009; Ord. 5868, 12-11-2017) M. PLAT AMENDMENTS: At any time after preliminary plat approval and be- fore final plat approval, the applicant may submit an application to the Administrator that proposes an amendment to the approved or conditionally approved preliminary plat. 1. Plat Amendments: The Administrator shall have the authority to determine whether the proposed amendment qualifies as a ma- jor or minor amendment. 2. Major Plat Amendments: Major amend- ments to an approved or pending plat appli- cation shall require a new application. For major amendments that due to extraordinary circumstances would result in a highly unrea- sonable and unconscionable burden on the applicant or plat holder, if the applicant or plat holder was required to go through a new ap- plication process, the Administrator may per- mit the major amendment to be treated as a minor amendment. (Ord. 5676, 12-3-2012) 3. Minor Plat Amendments: Minor plat amendments may be reviewed and permitted as part of final plat approval. To be consid- ered a minor amendment, the amendment must not: 4-7-090E 7 - 9 (Revised 5/18) a. Decrease the aggregate area of open space in the subdivision by ten per- cent (10%) or more; b. Increase the number of lots in the subdivision beyond the number previ- ously approved; c. Result in a violation of development standards; d. Relocate any roadway access point to an exterior street from the plat; e. Propose phasing of plat develop- ment; or f. Increase significantly any adverse im- pacts or undesirable effects of the plat on the community or surrounding area. (Ord. 4751, 11-16-1998; Ord. 5519, 12-14-2009; Ord. 5642, 12-12-2011) 4-7-090 UNIT LOT SUBDIVISIONS: A. PURPOSE: This Section is intended to allow the creation of unit lots for townhouse development through es- tablished subdivision procedures while generally only applying development standards to the par- ent site as a whole rather than to individual unit lots, as discussed in subsection E of this Section, Exceptions. B. APPLICABILITY: The provisions of this Section shall only apply to the subdivision of land underlying existing or pro- posed townhouse dwelling units in the R-10, R- 14, RMF, and CV zones. (Ord. 5867, 12-11-2017) C. PRINCIPLES OF ACCEPTABILITY: 1. Parent Site: The whole parent site shall comply with all development standards as though it were a stand alone lot. 2. Access: The parent site shall have direct vehicular access to a public street. Each unit lot shall have direct vehicular access to either a public or private roadway (see RMC 4-6-060K, Unit Lot Drives). 3. Physical Characteristics: A proposed subdivision may be denied because of the presence of flood, inundation, wetland condi- tions, steep slopes, unstable soils, mine- shafts or other unsuitable site characteristics. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the fi- nal plat. 4. Drainage: Make adequate provision for drainage ways, streets, alleys, other public ways, water supplies and sanitary wastes. D. SCOPE AND PROCESS: 1. Short Subdivision: Unit lot subdivisions of nine (9) or fewer unit lots shall be pro- cessed as short subdivisions, and subject to all provisions of RMC 4-7-070, Detailed Pro- cedures for Short Subdivisions, unless other- wise specified by this Section. 2. Subdivision: Unit lot subdivisions of ten (10) or more unit lots shall be processed as subdivisions, and subject to all provisions of RMC 4-7-080, Detailed Procedures for Sub- division, unless otherwise specified by this Section. 3. Site Plan Review: Unit lot subdivisions shall be subject to RMC 4-9-200, Master Plan and Site Plan Review; however, RMC 4-9-200C2b, SEPA Exempt Development, shall not apply. E. EXCEPTIONS: 1. Residential Development Standards: Individual unit lots are exempt from the fol- lowing standards of RMC 4-2-110A, Develop- ment Standards for Residential Zoning Designations (Primary and Attached Acces- sory Structures): maximum net density, mini- mum lot size, minimum lot width, minimum lot depth, yard setbacks, maximum building cov- erage, and maximum impervious surface area. 2. Landscaping: Individual unit lots are ex- empt from the following subsections of Sec- tion 4-4-070, Landscaping: a. RMC 4-4-070F1, Street Frontage Landscaping Required; b. RMC 4-4-070F2, Street Trees and Landscaping Required Within the Right- of-Way on Public Streets; and 4-7-090F (Revised 5/18)7 - 10 c. RMC 4-4-070F3, Front Yard Trees Required When Street Trees Are Not Lo- cated Within the Right-of-Way Abutting a Front Yard. 3. Parking: The number of parking spaces required for attached dwellings in the R-10, R-14, and RMF zones pursuant to RMC 4-4-080F10d, Parking Spaces Required Based on Land Use, may be averaged and dispersed among unit lots or within the parent site; however, at least one parking space shall be provided within each unit lot. 4. Access: Primary access for individual unit lots may be from a public alley. 5. Existing Nonconforming Townhouse Developments: Legally established existing townhouse developments that are noncon- forming with respect to development stan- dards (e.g., maximum net density) shall be considered conforming for the purpose of this Section and may be subdivided pursuant to this Section; provided, that as conditions of a unit lot subdivision approval the City may re- quire that any nonconforming development standard be brought into compliance to the extent feasible, as determined by the Admin- istrator. F. UNIT LOT SUBDIVISION REQUIREMENTS: 1. Unit Lots: Parent sites developed or pro- posed to be developed with attached town- house dwellings may be subdivided into unit lots and the remainder of the parent site shall be platted as one or more tracts. The whole parent site shall meet applicable develop- ment standards. Any private open space or private amenities for a dwelling unit shall be provided on the same unit lot as the dwelling unit. 2. Siting of Unit Lots: Unit lot subdivisions that propose to incorporate one or more unit lot drives (refer to RMC 4-6-060K, Unit Lot Drives) shall site unit lots as follows: a. For unit lot drives serving six (6) unit lots or less: At least one unit lot shall be situated towards a public street with noth- ing other than open space between the public right-of-way and the unit lot. b. For unit lot drives serving seven (7) unit lots or more: At least two (2) unit lots shall be situated towards a public street with nothing other than open space be- tween the public right-of-way and the unit lots. 3. Parent Site: Prior to a unit lot subdivision or any subsequent platting actions, additions or modifications to the structure(s), the appli- cant shall demonstrate that the whole parent site will comply with applicable standards and requirements of this Title (i.e., the parent site shall be reviewed as though it is a single lot without any unit lots or tracts within). For ex- ample, building coverage of the parent site shall include all qualifying structures within the development, including those located or proposed to be located upon individual unit lots. Portions of the parent site not subdivided for individual unit lots shall be platted as a tract and owned in common by the owners of the individual unit lots, or by a homeowners’ association comprised of the owners of the individual unit lots. 4. Density: The density of the parent site shall not exceed the maximum net density of the zone. Only one dwelling unit shall be lo- cated on a unit lot. 5. Design and Open Space Standards: RMC 4-2-115, Residential Design and Open Space Standards, as applied to the R-10 and R-14 zones shall apply to unit lot subdivisions within the RMF zone. Unit lot subdivisions within the RMF shall be exempt from RMC 4-3-100, Urban Design Regulations. 6. Homeowners’ Association and Cove- nants: a. Covenants and Homeowners’ As- sociation: Prior to the recording of the plat, the applicant shall provide final cov- enants, declarations and restrictions in a form satisfactory to the City Attorney, and shall record the document with the King County Recorder. b. Maintenance of Common Facili- ties: All common open space and facili- ties, private utility infrastructure, exterior building facades and roofs, and other physical improvements to the land, as determined by the Administrator, shall be 4-7-110A 7 - 11 (Revised 5/18) maintained in perpetuity by the home- owners’ association, unless otherwise agreed to by the City. The covenants, declarations and restrictions shall pro- vide authority for the City, after providing reasonable written notice to the home- owners’ association and opportunity to perform required maintenance, to re- cover any costs incurred by the City to maintain private infrastructure or com- mon areas due to a failure of the home- owners’ association to adequately maintain privately owned improvements. In order to ensure that the City can re- cover its costs for performing required maintenance, the City may file a lien against the property or accept other ap- propriate security approved by the City. 7. Timing: Site development and building construction may commence upon approval of a site plan and issuance of a building per- mit(s) for such construction and prior to final subdivision approval and recording if all ap- plicable permits and approvals have been ob- tained by the applicant. However, no dwelling unit or unit lot may be sold, transferred, occu- pied or conveyed prior to final subdivision ap- proval and recording. 8. Recorded Plat: Notes shall be placed on the plat recorded with the King County Re- corder to acknowledge the following: a. The title of the plat shall include the phrase “Unit Lot Subdivision”; b. Subsequent platting actions, addi- tions or modifications to the structure(s) may not create or increase any noncon- formity of the parent site as a whole; and c. The individual unit lots are not sepa- rate building sites and additional devel- opment of the individual unit lots may be limited as a result of the application of de- velopment standards to the parent site. (Ord. 5818, 10-17-2016) 4-7-100 INSTALLATION OF IMPROVEMENTS OR BONDING IN LIEU OF IMPROVEMENTS: A. REQUIRED IMPROVEMENTS: The following tangible improvements shall be re- quired before a final plat or a short subdivision is recorded: grading and paving of streets and al- leys, installation of curbs, gutters, sidewalks, monuments, sanitary and storm sewers, street lights, water mains and street name signs, to- gether with all appurtenances thereto to specifi- cations and standards of this Code, approved by the Department and in accordance with other standards of the City. A separate construction permit will be required for any such improve- ments, along with associated engineered plans prepared per the City drafting standards and as- sociated fees as listed in RMC 4-1-140 through 4-1-200, Fee Schedules. (Amd. Ord. 4751, 11-16-1998) B. INSPECTION, APPROVAL AND FEES: The Department shall be responsible for the su- pervision, inspection and acceptance of all subdi- vision improvements. C. PERMITS: Prior to proceeding with subdivision improve- ments, the subdivider shall make application for such permits from the City as are necessary. The applicant is also responsible for complying with all permit requirements of other Federal, State and local agencies. D. FINAL RECORDING: No final plat or any short subdivision shall be re- corded until all improvements are constructed in a satisfactory manner and approved by the re- sponsible departments or a security approved by the City has been posted for deferred improve- ments. (Amd. Ord. 4751, 11-16-1998) E. DEFERRED IMPROVEMENTS: See RMC 4-9-060. 4-7-110 FINAL PLAT PROCEDURES: A. APPLICATION: 1. Submittal to Department: Application for final plat shall be filed with the Department on forms prescribed by the Department. 4-7-110B (Revised 5/18)7 - 12 2. Conformance with Preliminary Plat: The final plat shall conform with only minor modifications to the preliminary plat. The lot configuration and number of lots must remain unchanged from the approved preliminary plat. Minor modifications are allowed in lot line locations and dimensions of the new par- cels provided all parcels are in conformance with the lot development standards of the Zoning Code. 3. Submittal Requirements: Shall be as stipulated in RMC 4-8-120. The final plat shall be prepared by a registered land surveyor in accordance with the requirements of the Renton surveying standards. Shall contain data sufficient to determine readily and repro- duce on the ground the location, bearing, and length of every street, easement line, lot line, boundary line and block line on site. Shall in- clude dimensions to the nearest one-hun- dredth (1/100) of a foot and angles and bearings in degrees, minutes, and seconds. 4. Fees: Application fees are required as outlined in the City of Renton Fee Schedule. B. REFERRAL TO OTHER DEPARTMENTS AND AGENCIES: The Department shall distribute the final plat to all other departments, utility agencies and other gov- ernmental agencies as warranted. C. ADMINISTRATOR APPROVAL: Within thirty (30) days following the date the com- plete final plat application has been officially ac- cepted by the CED Department, the Administrator shall approve, deny or return the final plat to the applicant for modification or correction. (Ord. 5519, 12-14-2009) D. SETTING OF MONUMENTS: All interior monuments shall be installed prior to the release of any bond. E. FILING FINAL PLAT: The Administrator must provide written approval of the final plat prior to its submission to the Ad- ministrator of the Public Works Department. The final plat must then be signed by the Public Works Administrator, the Mayor, and the City Clerk prior to being filed with the King County Recorder’s Of- fice by the City. (Ord. 5519, 12-14-2009; Ord. 5676, 12-3-2012) F. EXPIRATION OF PLAT AFTER APPROVAL: If a final plat has not been recorded within six (6) months after approval, the plat shall expire and be null and void. To revitalize the expired plat, the plat shall be resubmitted as a preliminary plat. One extension to the six (6) month period may be granted by the Administrator. (Ord. 5519, 12-14-2009; Ord. 5868, 12-11-2017) 4-7-120 COMPATIBILITY WITH EXISTING LAND USE AND PLAN – GENERAL REQUIREMENTS AND MINIMUM STANDARDS: A. CONTINUITY WITH IMPROVED ADDITIONS: No plan for the replatting, subdivision, or dedica- tion of any areas shall be approved by the Hearing Examiner unless the streets shown therein are connected by surfaced road or street (according to City specifications) to an existing street or high- way. (Ord. 5519, 12-14-2009) B. CONFORMITY WITH EXISTING PLANS: The location of all streets shall conform to any ad- opted plans for streets in the City. C. TRAILS PLANS: If a subdivision is located in the area of an offi- cially designed trail, provisions shall be made for reservation of the right-of-way or for easements to the City for trail purposes. 4-7-130 ENVIRONMENTAL CONSIDERATION – GENERAL REQUIREMENTS AND MINIMUM STANDARDS: A. PURPOSE: It is the purpose of this Section to provide for the protection of valuable, irreplaceable environmen- tal amenities and to make urban development as compatible as possible with the ecological bal- ance of the area. Goals are to preserve drainage patterns, protect groundwater supply, prevent erosion and to preserve trees and natural vegeta- tion. This is beneficial to the City in lessening the costs of the development to the City as a whole, and to the subdivider in creating an attractive and healthy environment. 4-7-150A 7 - 13 (Revised 5/18) B. ACTION NOT A TAKING: No action taken herein shall constitute a taking under the laws or constitution of the State or Fed- eral government. C. ENVIRONMENTAL CONSIDERATIONS: A plat, short plat, subdivision or dedication shall be prepared in conformance with the following provisions: 1. Land Unsuitable for Subdivision: Land which is found to be unsuitable for subdivi- sion includes land with features likely to be harmful to the safety and general health of the future residents (such as lands adversely affected by flooding, steep slopes, or rock for- mations). Land which the Department or the Hearing Examiner considers inappropriate for subdivision shall not be subdivided unless adequate safeguards are provided against these adverse conditions. a. Flooding/Inundation: If any portion of the land within the boundary of a pre- liminary plat is subject to flooding or inun- dation, that portion of the subdivision must have the approval of the State ac- cording to chapter 86.16 RCW before the Department and the Hearing Examiner shall consider such subdivision. b. Steep Slopes: A plat, short plat, subdivision or dedication which would re- sult in the creation of a lot or lots that pri- marily have slopes forty percent (40%) or greater as measured per RMC 4-3-050J1a, without adequate area at lesser slopes upon which development may occur, shall not be approved. (Amd. Ord. 4835, 3-27-2000) 2. Native Growth Protection Areas: Na- tive growth protection areas must be within separate tracts. (Ord. 4835, 3-27-2000; Ord. 5745, 1-12-2015) 3. Land Clearing and Tree Retention: Shall comply with RMC 4-4-130, Tree Reten- tion and Land Clearing Regulations. 4. Streams: a. Preservation: Every reasonable ef- fort shall be made to preserve existing streams, bodies of water, and wetland ar- eas. b. Method: If a stream passes through any of the subject property, a plan shall be presented which indicates how the stream will be preserved. The methodol- ogies used should include an overflow area, and an attempt to minimize the dis- turbance of the natural channel and stream bed. c. Culverting: The piping or tunneling of water shall be discouraged and al- lowed only when going under streets. d. Clean Water: Every effort shall be made to keep all streams and bodies of water clear of debris and pollutants. (Amd. Ord. 4835, 3-27-2000; Ord. 5304, 9-17-2007) 4-7-140 PARKS AND OPEN SPACE: Approval of all subdivisions located in either sin- gle family residential or multi-family residential zones as defined in the Zoning Code shall be con- tingent upon the subdivider’s dedication of land or providing fees in lieu of dedication to the City, all as necessary to mitigate the adverse effects of development upon the existing park and recre- ation service levels. The requirements and proce- dures for this mitigation shall be per the City of Renton Parks Mitigation Resolution. 4-7-150 STREETS – GENERAL REQUIREMENTS AND MINIMUM STANDARDS: A. RELATIONSHIP TO ADJOINING STREET SYSTEM: The proposed street system shall extend and cre- ate connections between existing streets unless otherwise approved by the Public Works Depart- ment. Prior to approving a street system that does not extend or connect, the Public Works Adminis- trator shall find that such exception shall meet the requirements of subsection E3 of this Section. The roadway classifications shall be as defined and designated by the Department. (Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012) 4-7-150B (Revised 5/18)7 - 14 B. STREET NAMES: All proposed street names shall be approved by the City. C. ARTERIALS, INTERSECTIONS: Streets intersecting with existing or proposed public highways, major or secondary arterials shall be held to a minimum. D. STREET ALIGNMENT: The alignment of all streets shall be reviewed and approved by the Public Works Department. The street standards set by RMC 4-6-060 shall apply unless otherwise approved. Street alignment off- sets of less than one hundred twenty five feet (125') are not desirable, but may be approved by the Department upon a showing of need but only after provision of all necessary safety measures. (Ord. 5450, 3-2-2009) E. STREET PATTERN: 1. Grid: A grid street pattern shall be used to connect existing and new development and shall be the predominant street pattern in any subdivision permitted by this Section. 2. Linkages: Linkages, including streets, sidewalks, pedestrian or bike paths shall be provided within and between neighborhoods when they can create a continuous and inter- connected network of roads and pathways. Implementation of this requirement shall comply with related policies of the Transpor- tation and Land Use Elements of the Com- prehensive Plan. (Ord. 5759, 6-22-2015) 3. Exceptions: a. The grid pattern may be adjusted to a “flexible grid” by reducing the number of linkages or the alignment between roads, where the following factors are present on site: i. Infeasible due to topographical/ environmental constraints; and/or ii. Substantial improvements are existing. 4. Connections: Prior to adoption of a complete grid street plan, reasonable con- nections that link existing portions of the grid system shall be made. At a minimum, stub streets shall be required within subdivisions to allow future connectivity. 5. Alley Access: Alley access is the pre- ferred street pattern for all new residential de- velopment except in the Residential Low Density land use designation (RC, R-1, and R-4 zones) and the R-6 zone. All new resi- dential development in an area that has exist- ing alleys shall utilize alley access. New residential development in areas without ex- isting alleys shall utilize alley access for inte- rior lots. If the developer or property owner demonstrates that alley access is not practi- cal, the use of alleys may not be required. The City will consider the following factors in determining whether the use of alleys is not practical: a. Size: The new development is a short plat. b. Topography: The topography of the site proposed for development is not con- ducive for an alley configuration. c. Environmental Impacts: The use of alleys would have more of a negative im- pact on the environment than a street pattern without alleys. d. If site characteristics allow for the ef- fective use of alleys. “Alleys” shall mean singular or plural in this subsection. (Ord. 5515, 12-14-2009; Ord. 5676, 12-3-2012; Ord. 5702, 12-9-2013; Ord. 5841, 6-12-2017) 6. Alternative Configurations: Offset or loop roads are the preferred alternative con- figurations. 7. Cul-de-Sac Streets: Cul-de-sac streets may only be permitted where no future con- nection to a larger street pattern is physically possible due to demonstrable physical con- straints. See RMC 4-6-060H, Dead End Streets, for standards and options. (Ord. 5676, 12-3-2012; Ord. 5828, 12-12-2016). F. IMPROVEMENTS REQUIRED: All abutting rights-of-way and new rights-of-way dedicated as part of the plat, including streets, roads, and alleys, shall be graded to their full width and the pavement and sidewalks shall be con- 4-7-170G 7 - 14.1 (Revised 5/18) structed as specified in the street standards or de- ferred by the Public Works Administrator. (Ord. 4636, 9-23-1996; Ord. 5156, 9-26-2005; Ord. 5676, 12-3-2012) G. ADJACENT OR ABUTTING UNPLATTED ACREAGE: Streets that may be extended in the event of fu- ture adjacent or abutting platting shall be required to be dedicated to the plat boundary line. Exten- sions of greater depth than an average lot shall be improved with temporary turnarounds. Dedication of a full-width boundary street shall be required in certain instances to facilitate future development. (Ord. 5100, 11-1-2004; Ord. 5676, 12-3-2012) 4-7-160 RESIDENTIAL BLOCKS – GENERAL REQUIREMENTS AND MINIMUM STANDARDS: A. WIDTH: Blocks shall be deep enough to allow two (2) tiers of lots, except where: 1. Abutting principal arterials defined in the Transportation Element of the Comprehen- sive Plan. 2. The location and extent of environmental constraints prevent a standard plat land con- figuration, including size and shape of the parcel. 3. Prior to approval of single-tier lot configu- ration based on exceptions 1 and 2, the pro- ponent must demonstrate that a different layout or provisions of an alley system is not feasible. B. WALKWAYS: Where circumstances warrant, one or more pub- lic crosswalks or walkways of not less than six feet (6') in width dedicated to the City to extend entirely across the width of the block at locations deemed necessary may be required. Such cross- walks or walkways shall be paved for their entire width and length with a permanent surface and shall be adequately lighted at the developer’s cost. (Ord. 5100, 11-1-2004; Ord. 5676, 12-3-2012) 4-7-170 RESIDENTIAL LOTS – GENERAL REQUIREMENTS AND MINIMUM STANDARDS: A. ARRANGEMENT: Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines. B. ACCESS REQUIREMENTS: Each lot must have access to a public street or road, unless specifically authorized otherwise. (Ord. 5727, 10-20-2014; Ord. 5867, 12-11-2017) C. MINIMUM SIZE: The size, shape, and orientation of lots shall meet the minimum area and width requirements of the applicable zoning classification and shall be ap- propriate for the type of development and use contemplated. Further subdivision of lots within a plat approved through the provisions of this Chapter must be consistent with the then-current applicable maximum density requirement as measured within the plat as a whole. (Ord. 5153, 9-26-2005) D. MINIMUM WIDTH: Width between side lot lines at their foremost points (i.e., the points where the side lot lines in- tersect with the street right-of-way line) shall not be less than eighty percent (80%) of the required lot width except in the cases of (1) pipestem lots, which shall have a minimum width of twenty feet (20') and (2) lots on a street curve or the turning circle of cul-de-sac (radial lots), which shall be a minimum of thirty five feet (35'). (Ord. 4522, 6-5-1995) E. MAXIMUM LOT DIMENSION RATIO: No residentially zoned lot shall have a depth-to- width ratio greater than four-to-one (4:1). (Ord. 5728, 10-20-2014) F. PROPERTY CORNERS AT INTERSECTIONS: All lot corners at intersections of dedicated public rights-of-way, except alleys, shall have minimum radius of fifteen feet (15'). (Ord. 5728, 10-20- 2014) G. FLAG LOTS, WHEN ALLOWED: Flag lots may be permitted for new plats to achieve the minimum density within the Zoning Code when there is no other feasible alternative to achieving the minimum density. 4-7-180 (Revised 5/18)7 - 14.2 Minimum Lot Size and “Flagpole” Width and Length: The “flagpole” shall not exceed one hundred fifty feet (150') in length and not be less than twenty feet (20') in width. The portion of the lot narrower than eighty percent (80%) of the minimum permitted width shall not be used for lot area calculations or for the measurement of required yard setbacks. Land area included in private access ease- ments shall not be included in lot area calcu- lations. Flag lots shall not abut one another. (Amd. Ord. 4751, 11-16-1998; Ord. 4999, 1-13-2003; Ord. 5100, 11-1-2004; Ord. 5286, 5-14-2007; Ord. 5727, 10-20-2014; Ord. 5728, 10-20-2014; Ord. 5867, 12-11-2017) 4-7-180 INDUSTRIAL AND COMMERCIAL BLOCKS AND LOTS – GENERAL REQUIREMENTS AND MINIMUM STANDARDS: The division of land for industrial and commercial purposes shall conform to the requirements and 4-7-200D 7 - 15 (Revised 3/17) minimum standards of residential design except as provided in this Section. A. PROPERTY CORNERS AT INTERSECTIONS: All lot corners at intersections of dedicated public rights-of-way, except alleys, shall have minimum radius of twenty five feet (25'). B. LOT ORIENTATION: The size, shape and orientation of lots shall meet the minimum area and width requirements of the applicable zoning classification and shall be ap- propriate for the type of development and use contemplated. C. LOT ARRANGEMENT: Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines. 4-7-190 PUBLIC USE AND SERVICE AREA – GENERAL REQUIREMENTS AND MINIMUM STANDARDS: Due consideration shall be given by the subdi- vider to the allocation of adequately sized areas for public service usage. A. EASEMENTS FOR UTILITIES: Easements may be required for the maintenance and operation of utilities as specified by the De- partment. B. UTILITIES IN TRACTS: Utilities, such as stormwater vaults, ponds, or other structures, shall be located within dedicated tracts. C. COMMUNITY ASSETS: Due regard shall be shown to all natural features such as large trees, watercourses, and similar community assets. Such natural features should be preserved, thereby adding attractiveness and value to the property. (Ord. 5100, 11-1-2004; Ord. 5745, 1-12-2015) 4-7-200 INSTALLATION OF UTILITIES – GENERAL REQUIREMENTS AND MINIMUM STANDARDS: A. SANITARY SEWERS: Unless septic tanks are specifically approved by the Public Works Department and the King County Health Department, sanitary sewers shall be provided by the developer at no cost to the City and designed in accordance with City standards. Side sewer lines shall be installed eight feet (8') into each lot if sanitary sewer mains are available, or provided with the subdivision development. (Ord. 5100, 11-1-2004; Ord. 5450, 3-2-2009) B. STORM DRAINAGE: An adequate drainage system shall be provided for the proper drainage of all surface water. Low impact development best management practices are required consistent with the Surface Water Design Manual. Cross drains shall be provided to accommodate all natural water flow and shall be of sufficient length to permit full-width roadway and required slopes. The drainage system shall be designed per the requirements of RMC 4-6- 030, Drainage (Surface Water) Standards. The drainage system shall include detention capacity for the new street areas. Residential plats shall also include detention capacity for future develop- ment of the lots. Water quality features shall also be designed to provide capacity for the new street paving for the plat. Drainage vaults, ponds, etc., shall be located within dedicated tracts. (Ord. 5745, 1-12-2015; Ord. 5828, 12-12-2016) C. WATER SYSTEM: The water distribution system including the loca- tions of fire hydrants shall be designed and in- stalled in accordance with City standards as defined by the Department and Fire Department requirements. D. UNDERGROUND UTILITIES: All utilities designed to serve the subdivision shall be placed underground. Any utilities installed in the parking strip shall be placed in such a manner and depth to permit the planting of trees. Those utilities to be located beneath paved surfaces shall be installed, including all service connec- tions, as approved by the Department. Such in- stallation shall be completed and approved prior to the application of any surface material. Ease- ments may be required for the maintenance and 4-7-200E (Revised 3/17)7 - 16 operation of utilities as specified by the Depart- ment. E. CABLE TV CONDUITS: Any cable TV conduits shall be undergrounded at the same time as other basic utilities are installed to serve each lot. Conduit for service connections shall be laid to each lot line by subdivider as to ob- viate the necessity for disturbing the street area, including sidewalks, or alley improvements when such service connections are extended to serve any building. The cost of trenching, conduit, ped- estals and/or vaults and laterals as well as ease- ments therefore required to bring service to the development shall be borne by the developer and/or land owner. The subdivider shall be re- sponsible only for conduit to serve his develop- ment. Conduit ends shall be elbowed to final ground elevation and capped. The cable TV com- pany shall provide maps and specifications to the subdivider and shall inspect the conduit and cer- tify to the City that it is properly installed. F. LATECOMER’S AGREEMENTS: Where a development is required to construct util- ity improvements that may also be required by other developments or by future development of other parcels in the vicinity, then the developer may request establishment of a latecomer’s agreement to reimburse the developer for all ini- tial costs of the improvements. The procedure to follow in making application for the latecomer’s agreement and the steps to be followed by the City are as detailed in chapter 9-5 RMC. 4-7-210 OTHER IMPROVEMENTS – GENERAL REQUIREMENTS AND MINIMUM STANDARDS: A. MONUMENTS: Concrete permanent control monuments shall be established at each and every controlling corner of the subdivision. Interior monuments shall be lo- cated as determined by the Department. All sur- veys shall be per the City of Renton surveying standards. B. SURVEY: All other lot corners shall be marked per the City surveying standards. C. STREET SIGNS: The subdivider shall install all street name signs necessary in the subdivision. 4-7-220 HILLSIDE SUBDIVISIONS: A. PURPOSE: Because of their steeper slopes, the sites of hill- side subdivisions ordinarily should have greater attention paid to the potential for drainage, ero- sion, and slope stability problems than other sub- divisions. B. (Deleted by Ord. 5519, 12-14-2009) C. STANDARDS: The following additional standards shall apply to hillside subdivisions: 1. Application Information: Information concerning the soils, geology, drainage pat- terns, and vegetation shall be presented in order to evaluate the drainage, erosion con- trol and slope stability for site development of the proposed plat. The applicant must demonstrate that the development of the hill- side subdivision will not result in soil erosion and sedimentation, landslide, slippage, ex- cess surface water runoff, increased costs of building and maintaining roads and public fa- cilities and increased need for emergency re- lief and rescue operations. 2. Grading: Detailed plans for any pro- posed cut and fill operations shall be submit- ted. These plans shall include the angle of slope, contours, compaction, and retaining walls. Plans shall be consistent with require- ments in RMC 4-4-060, Grading, Excavation and Mining Regulations. (Ord. 5828, 12-12- 2016) 3. Tracts: Areas of the subdivision deemed to be critical areas due to designation as pro- tected slopes shall be located within a tract or tracts. (Ord. 5745, 1-12-2015) 4. Streets: a. Streets may only have a grade ex- ceeding fifteen percent (15%) if approved by the Department and the Fire Depart- ment. b. Street widths may be less than those required in the street standards for streets with grades steeper than fifteen percent (15%) if parking prohibition on 4-7-200C 7 - 16.1 (Revised 3/17) one or both sides of the street is ap- proved by the Administrator. (Ord. 5745, 1-12-2015) (Revised 3/17)7 - 16.2 This page left intentionally blank. 4-7-230B 7 - 17 (Revised 9/15) 5. Lots: Lots may be required to be larger than minimum lot sizes required by the Zon- ing Code. Generally, lots in steeper areas of the subdivision should be larger than those in less steep areas of the subdivision. (Ord. 5745, 1-12-2015) 6. Erosion Control Requirements: Any clearing or grading shall be accompanied by erosion control measures as deemed neces- sary by the Department. (Ord. 5745, 1-12- 2015) 4-7-230 BINDING SITE PLANS: A. PURPOSE AND INTENT: The purpose of this Section is to allow for: 1. Optional Methods of Subdivision: To provide an optional process for the division of land classified for industrial, commercial, or mixed use zones CN, CV, CA, CD, CO, COR, UC, IL, IM, and IH through a binding site plan as authorized in chapters 58.17 and 64.34 RCW. This method may be employed as an alternative to the subdivision and short subdi- vision procedures in this Chapter. (Ord. 5369, 4-14-2008; Ord. 5759, 6-22-2015) 2. Alternative Ownership Options or Al- ternative Standards: To allow for alternative ownership options and/or the ability to modify development standards that are otherwise re- quired by the binding site plan process by al- lowing binding site plan application with a commercial condominium process pursuant to chapter 64.34 RCW, and/or planned urban development process pursuant to RMC 4-9-150. 3. Procedural Requirements: To specify the administrative requirements for the re- view and approval of binding site plans that are in addition to the procedural requirements of chapter 4-8 RMC and other applicable pro- visions of the City development regulations. (Ord. 5100, 11-1-2004; Ord. 5153, 9-26-2005) B. APPLICABILITY: 1. All proposals for binding site plans shall be subject to the provisions of this Section. A binding site plan may be processed in one of thee ways: a. Standard Binding Site Plan: A standard binding site plan creates or al- ters existing lot lines, subject to the de- velopment standards of the underlying zoning district. b. Commercial Condominium with Binding Site Plan: Where the develop- ment standards of the underlying zoning district cannot be achieved through a binding site plan, a binding site plan with condominium ownerships allow for greater flexibility in the sale and lease of commercial and industrial sites. This al- ternative allows the site in question to be treated as a single lot when applying the development standard for the underlying zone. c. Planned Urban Development with Binding Site Plan: Where the develop- ment standards of the underlying zoning district cannot be achieved through a binding site plan, a binding site plan merged with a planned urban develop- ment allows for greater flexibility in the lot and infrastructure layout and develop- ment of the binding site plan provided planned urban development criteria are met including provision of a public bene- fit. 2. A binding site plan may be reviewed and approved: a. As a separate mechanism for the di- vision of commercial and industrial land; b. Merged with a site plan review under RMC 4-9-200, development agreement under the authority of RCW 36.70B.170, or both a site plan and development agreement per the criteria listed in this Section. A development agreement may include standards and decision criteria that apply to a binding site plan applica- tion in lieu of the standards and criteria contained in this Section. Per RCW 36.70B.170 through 36.70B.210, a de- velopment agreement shall not be more permissive than the development stan- dards of the underlying zoning district or other applicable development standards. c. Merged with a planned urban devel- opment per RMC 4-9-150. 4-7-230C (Revised 9/15)7 - 18 d. Independently for pre-existing devel- oped sites, concurrent with or subse- quent to a site development permit application for undeveloped land, or con- current with or subsequent to a building permit application. (Ord. 5153, 9-26-2005) C. APPROVAL CRITERIA: Approval of a binding site plan or a commercial condominium site shall take place only after the following criteria are met: 1. Legal Lots: The site that is subject to the binding site plan shall consist of one or more contiguous, legally created lots. Lots, parcels, or tracts created through the binding site plan procedure shall be legal lots of record. The number of lots, tracts, parcels, sites, or divi- sions shall not exceed the number of lots al- lowed in the applicable zoning district. New nonconforming lots shall not be created through the binding site plan process. 2. If minimum lot dimensions and building setbacks for each newly created lot cannot be met, the binding site plan shall be processed as a commercial condominium site per sub- section D of this Section or merged with a planned urban development application per RMC 4-9-150. 3. Commercial or Industrial Property: The site is located within a commercial, in- dustrial, or mixed-use zone. 4. Zoning Code Requirements: Individual lots created through the binding site plan shall comply with all of the zoning code re- quirements and development standards of the underlying zoning district. Where mini- mum lot dimensions or setbacks cannot be met, the binding site plan shall be processed as a commercial condominium site per RMC 4-7-230D. a. New Construction: The site shall be in conformance with the zoning code re- quirements and development standards of the underlying zoning district at the time the application is submitted. b. Existing Development: If the site is nonconforming prior to a binding site plan application, the site shall be brought into conformance with the development stan- dards of the underlying zoning district at the time the application is submitted. In situations where the site cannot be brought into conformance due to physical limitations or other circumstances, the binding site plan shall not make the site more nonconforming than at the time a completed application is submitted. c. Under either new construction or ex- isting development, applicants for bind- ing site plan may proposed shared signage, parking, and access if they are specifically authorized per RMC 4-4-080E3, 4-4-080I7, and 4-4-100E5, and other shared improvements as au- thorized in other sections of the City’s de- velopment standards. 5. Building Code Requirements: All build- ing code requirements have been met per RMC 4-5-010. 6. Infrastructure Provisions: Adequate provisions, either on the face of the binding site plan or in a supporting document, have been made for drainageways, alleys, streets, other public ways, water supplies, open space, solid waste, and sanitary wastes, for the entire property covered by the binding site plan. 7. Access to Public Rights-of-Way and Utilities: Each parcel created by the binding site plan shall have access to a public street, water supply, sanitary sewer, and utilities by 4-7-230F 7 - 19 (Revised 3/13) means of direct access or access easement approved by the City. 8. Shared Conditions: The Administrator may authorize sharing of open space, park- ing, access, signage and other improvements among contiguous properties subject to the binding site plan and the provisions of RMC 4-4-080E3, 4-4-080I7, and 4-4-100E5. Con- ditions of use, maintenance, and restrictions on redevelopment of shared open space, parking, access, signage and other improve- ments shall be identified on the binding site plan and enforced by covenants, easements or other similar properly recorded mecha- nism. 9. Future Development: The binding site plan shall contain a provision requiring that any subsequent development of the site shall be in conformance with the approved and re- corded binding site plan. 10. Dedication Statement: Where lands are required or proposed for dedication, the applicant shall provide a dedication state- ment and acknowledgement on the binding site plan. 11. Suitable Physical Characteristics: A proposed binding site plan may be denied be- cause of flood, inundation, or wetland condi- tions, or construction of protective improvements may be required as condition of approval. (Ord. 5153, 9-26-2005) D. ADDITIONAL CRITERIA FOR BINDING SITE PLANS PROPOSING COMMERCIAL CONDOMINIUM SITES OR MERGING WITH PLANNED URBAN DEVELOPMENT APPLICATION: 1. Condominium – Applicability: Where subdivision of a commercial or industrial site will result in individual lots which cannot meet the development standards of the underlying zoning district, the condominium option al- lows for the conversion of lease space to con- dominiums without further subdivision of land. These standards are in addition to the requirements of subsection C of this Section. 2. Condominium – Approval: Condomin- ium developments are eligible for binding site plan approval, when the purpose of such ap- proval is to divide the property so that the par- cel or tract, or a portion thereof, can be subject to chapter 64.34 RCW (Condominium Act). A condominium can only be recorded ei- ther when the development has already been constructed to City standards established through a binding site plan or a building per- mit for new development has been issued. Binding site plans for condominiums sites shall be in conformance with chapter 64.34 RCW and RMC 4-9-040. The binding site plan shall also include conditions requiring that the condominium is recorded per the pro- visions of chapter 64.34 RCW. 3. Planned Urban Development: To allow for the ability to modify development stan- dards that are otherwise required by the bind- ing site plan process, a binding site plan application may be merged with a planned ur- ban development application pursuant to RMC 4-9-150. (Ord. 5153, 9-26-2005) E. APPLICATION REQUIREMENTS: 1. General Requirements: All applications for binding site plans must conform to the re- quirements of RMC 4-8-120. (Ord. 5153, 9-26-2005) F. REQUIRED IMPROVEMENTS: 1. Improvements: The following tangible improvements shall be provided for, either by actual construction or a construction sched- ule approved by the City and bonded by the applicant, before a binding site plan may be recorded: grading and paving of streets and alleys, installation of curbs, gutters, side- walks, monuments, sanitary and storm sew- ers, street lights, water mains and street name signs, together with all appurtenances thereto to specifications and standards of this Code, approved by the Department and in ac- cordance with other standards of the City. A separate construction permit will be required for any such improvements, along with asso- ciated engineering plans prepared per the City Drafting Standards. 2. Phasing of Improvements: To satisfy these requirements, the Administrator is au- thorized to impose conditions and limitations on the binding site plan. If the Administrator determines that any delay in satisfying re- quirements will not adversely impact the pub- 4-7-230G (Revised 3/13)7 - 20 lic health, safety or welfare, the Administrator may allow requirements to be satisfied prior to issuing the first building permit for the site, or prior to issuing the first building permit for any phase, or prior to issuing a specific build- ing’s certificate of occupancy, or in accor- dance with an approved phasing plan, or in accordance with plans established by a de- velopment agreement or as otherwise permit- ted or required under City Code. (Ord. 5153, 9-26-2005) G. ACCESS REQUIREMENTS: Access requirements and street design and de- velopment standards shall be provided in accor- dance with RMC 4-6-060, unless superseded by the terms of a development agreement as pro- vided by subsection J of this Section, Merger with Development Agreement. New public roads shall be provided for lot access where determined by the Administrator to be reasonably necessary as a result of the proposed development or to make appropriate provisions for public roads. Establish- ment of public roads may also be proposed by the applicant. (Ord. 5153, 9-26-2005) H. PERMIT PROCEDURES FOR BINDING SITE PLAN APPROVAL: 1. Permit Type: Binding site plans shall be processed as Type II permits in accordance with the procedures in chapter 4-8 RMC for Type II permits and the standards and criteria set forth in this Section, unless the applicant elects to merge the binding site plan applica- tion with the site plan review process or com- bined site plan/planned action review process in which case the binding site plan shall be processed in accordance with the procedures set out in chapters 4-8 and 4-9 RMC. If a binding site plan permit is pro- cessed concurrently, but not merged with an- other permit process, then the binding site plan application shall be processed as a Type II permit. 2. Review Authority: Pursuant to chapter 4-8 RMC, the Community and Economic De- velopment Administrator is hereby authorized and directed to interpret and enforce all the provisions of this Section, unless the appli- cant elects to have the binding site plan appli- cation merged with a Type III permit site plan application or a development agreement un- der chapter 36.70B RCW. If a binding site plan application is to be processed with a Type III site plan, then the Hearing Examiner is hereby authorized and directed to interpret and enforce all the provisions of this Section. If a binding site plan application is to be pro- cessed with a development agreement, the City Council is hereby authorized and di- rected to interpret and enforce all the provi- sions of this Section. The final decision on a development agreement with an application for a binding site plan shall be made by City Council. No administrative appeal of the City Council decision shall be available. If a bind- ing site plan is merged with a planned urban development application, the review authority shall be determined pursuant to RMC 4-9-150. (Ord. 5153, 9-26-2005; Ord. 5519, 12-14-2009; Ord. 5676, 12-3-2012) I. MERGER WITH SITE PLAN: 1. Review Standards for a Previously Ap- proved Site Plan: If a previously approved site plan is submitted in conjunction with an application for binding site plan approval, the conditions and limitations imposed by the Ad- ministrator may, where appropriate, include any conditions and limitations contained in the previously approved site plan. Subse- quent site development permits for the land will still be subject to compliance with the zon- ing, building, and other applicable land use codes and regulations existing at the time of development permit review, unless ad- dressed as part of the binding site plan review and expressly depicted on the binding site plan. 2. Review Standards for Concurrent Site Plan Application: When a binding site plan is being considered concurrently with another land development application, the Adminis- trator will incorporate all conditions and limita- tions imposed on the concurrent application into the binding site plan. Subsequent site de- velopment permits for the land will still be subject to compliance with the zoning, build- ing, and other applicable land use codes and regulations existing at the time of develop- ment permit review, unless addressed as part of the binding site plan review and expressly depicted on the binding site plan. 4-7-230N 7 - 21 (Revised 5/18) J. MERGER WITH DEVELOPMENT AGREEMENT: If a binding site plan is merged with a develop- ment agreement, in the event of a conflict be- tween the terms of the development agreement and this Section, the terms of the development agreement shall control. Per RCW 36.70B.170 through 36.70B.210, a development agreement shall not be more permissive than the applicable development standards. (Ord. 5153, 9-26-2005) K. REVIEW AUTHORITY DECISION: 1. Action: Binding site plans shall be re- viewed based upon the general criteria in this Section and other criteria applicable to the site plan or development agreement with which the applicant elects to merge the bind- ing site plan application. Every decision made under this Section shall include find- ings of fact and conclusions to support the decision. 2. Approval: If the proposed binding site plan is found in conformance to the standards and requirements of this Section, then it shall be approved. 3. Approval with Modifications: If modifi- cation(s) are deemed necessary, then they may be added to the binding site plan or a re- vised binding site plan may be required. The applicant shall be notified of any such modifi- cation action. 4. Referral to the Hearing Examiner: Ex- cept when a binding site plan is merged with a development agreement, if the Administra- tor determines that there are sufficient con- cerns by residents in the area of the binding site plan, or by City staff, to warrant a public hearing, then he/she shall refer the binding site plan to the Hearing Examiner for public hearing and decision by the Hearing Exam- iner. Notice of the public hearing will be given as for a Type III permit hearing. Binding site plans merged with development agreements shall be approved by City Council pursuant to the requirements of RCW 36.70B.170 et seq. (Ord. 5519, 12-14-2009) 5. Denial: If the binding site plan is denied, the applicant shall be notified in writing of the decision, stating the reasons for the denial of the application. 6. Reconsideration: See RMC 4-8-100, Application and Decision – General. (Ord. 5153, 9-26-2005; Ord. 5676, 12-3-2012; Ord. 5853, 8-7-17) L. RIGHT-OF-WAY DEDICATION: Where dedication of right-of-way is required for the approved binding site plan or proposed by the applicant, the dedication shall require separate approval by the Administrator or designee prior to recording of the binding site plan with record of survey. The dedication shall be effective upon re- cording of the binding site plan with record of sur- vey. (Ord. 5648, 12-12-2011) M. SURVEY AND RECORDING: Prior to recording, the approved binding site plan shall be surveyed and the final recording forms shall be prepared by a professional land surveyor, licensed in the State of Washington. In addition to the requirements of RMC 4-8-120C, surveys shall include those items prescribed by RCW 58.09.060, Records of survey, contents – Record of corner, information. 1. Administrator Approval: The binding site plan must be signed by the Administrator before it is filed. The final approved binding site plan shall remain with the City until such time as the applicant requests that the bind- ing site plan be recorded. 2. Filing by City Clerk: The approved bind- ing site plan will be sent to the City Clerk by the Department when the binding site plan is final and all prerequisites to filing have been completed. The binding site plan shall be filed by the City Clerk for record in the office of the King County Auditor and shall not be deemed approved until so filed. N. BINDING EFFECT: 1. Legal Lots: Lots, parcels, or tracts cre- ated through the binding site plan procedure shall be legal lots of record. 2. Enforceable: Approved binding site plans shall be enforceable by the City. All pro- visions, conditions and requirements of the binding site plan shall be legally enforceable on the purchaser or on any person acquiring a lease or other ownership interest of any lot, tract, or parcel created pursuant to the bind- ing site plan. The binding site plan shall in- 4-7-230O (Revised 5/18)7 - 22 clude a provision requiring that any subsequent development of the site shall be in conformance with the approved binding site plan. A sale, transfer, or lease of any lot, tract, or parcel created pursuant to the bind- ing site plan that does not conform to the re- quirements of the binding site plan approval, shall be considered a violation of this Section, shall be a nuisance and may be subject to an injunction action in Superior Court or such other remedies provided by the Renton Mu- nicipal Code. (Ord. 5153, 9-26-2005; Ord. 5675, 12-3-2012) O. EXPIRATION AND EXTENSION: 1. Expiration Period: For binding site plans not merged with a site plan or develop- ment agreement, the approval shall lapse un- less submitted for recording within five (5) years of the binding site plan approval. 2. Expiration Period for Merged Approv- als: For binding site plans approved as part of merged application with a site plan or de- velopment agreement, the binding site plan shall lapse when the site plan or development agreement expires unless submitted for re- cording prior to the date of expiration for the merged application. 3. Extension of Expiration Period: Addi- tional time extensions beyond the five (5) year time period may be granted by the Ad- ministrator if the applicant can show need caused by unusual circumstances or situa- tions which make it unduly burdensome to file the binding site plan within the five (5) year time period. The applicant must file a written request with the Administrator for this addi- tional time extension; this request must be filed at least thirty (30) days prior to the expi- ration date. The request must include docu- mentation as to the need for the additional time period. Additional time extensions may be granted in not greater than one year incre- ments, up to a maximum of two (2) years. 4. Extension of Expiration Period for Phased Projects: In the case of a phased binding site plan, submittal for recording of any phase of the binding site plan will consti- tute an automatic one year extension for the submittal of the next phase of the binding site plan. P. APPEALS: See RMC 4-8-110H. Q. ALTERATION OR VACATION: 1. Alteration: Alteration of an approved binding site plan, excluding standard ease- ments for utilities and lot line adjustments, shall be accomplished following the same procedures required for a new binding site plan application as set forth in this Section; provided, that only owners of lots within the binding site plan that are directly affected by the proposed alteration shall be required to authorize application for the alteration. If a binding site plan application was approved as part of a development agreement approval process as provided in subsection H2 of this Section or if property subject to a binding site plan approval is the subject of a development agreement, the alteration of the approved binding site plan shall not require an amend- ment to the development agreement or ap- proval by the City Council and, after approval and recording, shall automatically be incorpo- rated within the development agreement un- less otherwise provided in the development agreement. 2. Vacation: Vacation of a recorded bind- ing site plan shall be accomplished by follow- ing the same procedures required for a new binding site plan application as set forth in this Section. If a portion of a binding site plan is vacated, the property subject to the vaca- tion shall constitute one lot, and the balance of the approved binding site plan shall remain as approved. If a binding site plan application was approved as part of a development agreement approval process or if property subject to a binding site plan approval is the subject of a development agreement, the va- cation of the approved binding site plan, whether total or partial, shall not require an amendment to the development agreement or approval by the City Council and, after ap- proval and recording shall automatically be incorporated within the development agree- ment unless otherwise provided in the devel- opment agreement. (Ord. 4954, 2-11-2002) 4-7-250 7 - 23 (Revised 3/13) 4-7-240 VARIANCES: A. AUTHORITY: A variance from the requirements of this Chapter may be approved by the Hearing Examiner, pur- suant to RMC 4-9-250B. (Amd. Ord. 4954, 2-11-2002; Ord. 5519, 12-14-2009) 4-7-250 VIOLATIONS OF THIS CHAPTER AND PENALTIES: Unless otherwise specified, violations of this Chapter are misdemeanors subject to RMC 1-3-1. (Ord. 4522, 6-5-1995; Amd. Ord. 4856, 8-21-2000; Ord. 4954, 2-11-2002; Ord. 5159, 10-17-2005) 8 - i (Revised 8/18) Chapter 8 PERMITS – GENERAL AND APPEALS CHAPTER GUIDE: This Chapter implements State regulatory reform requirements for permit review, classifies permits, indicates which Responsible Official has the authority to make recommendations, de- cisions, or consider appeals, and lists submittal requirements for all development-related permits and decisions of the City. While chapter 4-8 RMC provides the overall review framework regarding submittal and hearings, chapter 4-9 RMC contains the permit-specific review procedures and criteria, such as conditional use permit, site plan review, variance, etc. Both chapters should be reviewed in tandem. This Chapter last amended by Ord. 5882, May 7, 2018. SECTION PAGE NUMBER NUMBER 4-8-010 PURPOSE AND INTENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4-8-020 APPLICABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4-8-030 EFFECT OF PERMIT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4-8-040 PERMIT PROCESSES CLASSIFIED BY TYPE . . . . . . . . . . . . . . . . . . . . . . . 1 4-8-050 EXEMPTIONS FROM STATE PROCESS REQUIREMENTS . . . . . . . . . . . . 1 A.State Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 B.Exemptions from City Goal of One Hundred Twenty (120) Day Review Process for Certain Actions Requiring More Time . . . . . . . . . . . . . . . . . . . . . . 1 C.Exemptions from State Notification and Procedural Requirements for Permits Relating to Use of Public Areas/Facilities . . . . . . . . . . . . . . . . . . . . . . 2 D.Exemptions from State Notification and Procedural Requirements for Permit Applications Not Subject to Environmental Review . . . . . . . . . . . . . . . . 2 E. Exemptions from State Procedural Requirements for Nonproject Permits. . . . . . 3 4-8-060 SUBMITTAL REQUIREMENTS – GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . 3 A.Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 B.Vesting of Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 C.Application Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 D.Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 E.Multiple Permit Application Submittal Requirements . . . . . . . . . . . . . . . . . . . . . 3 F.Submittal Waiver Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 G.Letter of Completeness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4-8-070 AUTHORITY AND RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 A.Review Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 B.Specific Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 C.Public Works Administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 D.Community and Economic Development Administrator . . . . . . . . . . . . . . . . .4 E.Environmental Review Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 F.(Repealed by Ord. 5157, 9-26-2005) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 G.Planning Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 1. Comprehensive Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2. Shoreline Master Program Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3. Area-Wide Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4. Land Use Regulations and Processes . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 SECTION PAGE NUMBER NUMBER (Revised 8/18)8 - ii H.Hearing Examiner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1. Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2. Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3. Recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4. Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 I.City Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 J.Review Authority for Multiple Permit Applications . . . . . . . . . . . . . . . . . . . . . 6 4-8-080 PERMIT CLASSIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 A.Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 B. Review Process Based upon Application Type . . . . . . . . . . . . . . . . . . . . . . . . . . 7 C. Consolidated Review Process for Multiple Permit Applications . . . . . . . . . . . . . 7 1. Consolidation Process Resulting in a Single Open Record Public Hearing . 7 2. Review Authority for Multiple Permit Applications . . . . . . . . . . . . . . . . . . . . . 7 3. Exceptions to Consolidated Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 D. (Repealed by Ord. 5853, 8-7-17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 E. Time Frames . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 F. Exclusions from One Hundred Twenty (120) Day Time Limit . . . . . . . . . . . . . . . 7 1. Revisions/Additional Information Required . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2. EIS Preparation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3. Applicant Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 G. Land Use Permit Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 H. (Repealed by Ord. 5519, 12-14-2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4-8-090 PUBLIC NOTICE REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 A. Neighborhood Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 1. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 2. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3. Timing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4. Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 5. Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 a. Mailing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 b. Meeting Location Sign . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 6. Meeting Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 a. Content . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 b. Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 c. Sign-In Sheet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 d. Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 7. Submittal Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 8. Consideration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 9. City Involvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 B. Public Outreach Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 1. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 2. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 3. Sign Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 a. Sign Specifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 b. Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 c. Content . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 d. Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 SECTION PAGE NUMBER NUMBER 8 - iii (Revised 5/18) e. Posting Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 f. Administrator’s Discretion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 C. Public Information Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 1. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 2. Sign Specifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 3. Timing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 4. Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 5. Content . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 6. Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 7. Posting Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 8. Administrator’s Discretion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 D.Notice of Development Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 1. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 2. Timing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 3. Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 E.Notice of Administrative Decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 F.Notice of Public Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 1. Time of Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 2. Content of Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 G.Notice of Hearing Examiner Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 H.Notice of City Council Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 I. Failure to Receive Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 4-8-100 APPLICATION AND DECISION – GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 A.Preapplication Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 1. When Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 2. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 3. Preapplication Submittal Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . 16 4. Waiver of Formal Application Submittal Requirements . . . . . . . . . . . . . . . 16 B.Submittal of Formal Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 C.Letter of Completeness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 1. Timing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 2. Incomplete Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 a. Notice of Incomplete Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 b. Notice of Complete Application or Request for Additional Information. 16 c. Time Extensions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 3. Additional Information May Be Requested . . . . . . . . . . . . . . . . . . . . . . . . 16 4. Expiration of Complete Land Use Applications . . . . . . . . . . . . . . . . . . . . . . 16 5. Extension of Complete Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 D.Notices to Applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 E. Administrative Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 F.Report by the Department for Public Hearing . . . . . . . . . . . . . . . . . . . . . . . . . 17 1. Report Content . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 2. Report Timing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 G.Public Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 1. Hearing by Hearing Examiner Required . . . . . . . . . . . . . . . . . . . . . . . . . . 17 2. Constitutes Hearing by Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 3. Hearing Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 SECTION PAGE NUMBER NUMBER (Revised 5/18)8 - iv a. Scope of Rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 b. Organization Representative Required . . . . . . . . . . . . . . . . . . . . . . . . . 17 c. Powers of Hearing Examiner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 d. Conflict with State Law of Procedural Due Process . . . . . . . . . . . . . . . 18 e. Nature of Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 f. Features Common to All Hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 g. Format of Permit Hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 H.Hearing Examiner’s Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 1. Form and Substance of Hearing Examiner’s Decision/Recommendation . . 22 2. Standard Decision Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 3. Decision Time Extension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 4. Conditions and Decision Options and Criteria . . . . . . . . . . . . . . . . . . . . . . . 22 5. Decision Final. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 6. Who Receives Copies of Decision/Recommendation . . . . . . . . . . . . . . . . . 22 7. Correction of Hearing Examiner’s Decision/Recommendation . . . . . . . . . . 23 8. Termination of Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 I. Reconsiderations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 J. Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 K.Expiration of Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 L.Expiration of Large Scale or Phased Projects . . . . . . . . . . . . . . . . . . . . . . . . . . 24 M.Council Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 1. Council Action Requires Minutes and Findings of Fact . . . . . . . . . . . . . . . . 24 2. Adoption of Hearing Examiner’s Findings and Conclusions Presumed . . . 24 3. Applications to Be Placed on Council Agenda . . . . . . . . . . . . . . . . . . . . . . 24 4-8-110 APPEALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 A.Scope and Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 B.Review Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 C.General Information Applicable to Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 1. Standing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 2. Time to File . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 3. Required Form for and Content of Appeals . . . . . . . . . . . . . . . . . . . . . . . . . 24 4. Filing of Appeal and Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 5. Facsimile Filings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6. Motions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 7. Parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 8. Notice of Appeal Filed and Public Hearing. . . . . . . . . . . . . . . . . . . . . . . . . . 25 9. Restrictions on Subsequent Actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 10. Limit on Number of Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 11. Exhaustion of Administrative Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 D.(Repealed by Ord. 5853, 8-7-17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 E.Appeals to Hearing Examiner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 1. Format of the Appeal Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 2. Prehearing Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 3. Content of the Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 4. Hearing Examiner Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 a. Substantial Weight . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 b. Hearing Examiner Decision Options and Decision Criteria . . . . . . . . . . 26 SECTION PAGE NUMBER NUMBER 8 - v (Revised 5/18) c. Time for Hearing Examiner’s Decision . . . . . . . . . . . . . . . . . . . . . . . . 26 d. Collateral Estoppel (Issue Preclusion) . . . . . . . . . . . . . . . . . . . . . . . . . 27 e. Res Judicata (Claim Preclusion) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 f. Full and Fair Opportunity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 F.Appeals to City Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 1. Standing and Parties to the Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 2. Time to File . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 3. Notice of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 4. Council Review Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 5. Burden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 6. Council Evaluation Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 7. Findings and Conclusions Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8. Decision Documentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9. Council Action Final . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 G.Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 H. (Repealed by Ord. 5853, 8-7-17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 I. (Repealed by Ord. 5853, 8-7-17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 J. (Repealed by Ord. 5853, 8-7-17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 4-8-120 SUBMITTAL REQUIREMENTS – SPECIFIC TO APPLICATION TYPE . . 29 A. Table 4-8-120A – Public Works Permit Submittal Requirements . . . . . . . . . . 29 B. Table 4-8-120B – Building Section Permit Submittal Requirements . . . . . . . . 30 C. Table 4-8-120C – Land Use Permit Submittal Requirements . . . . . . . . . . . . . 34 D.Definitions of Terms Used in Submittal Requirements for Building, Planning and Public Works Permit Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 4-8-050B 8 - 1 (Revised 3/10) 4-8-010 PURPOSE AND INTENT: The purpose and intent of this Chapter is to estab- lish standard procedures for all land use and de- velopment applications in order to provide for an integrated and consolidated land use permit and environmental review process. It is further the purpose of this Chapter to combine and expedite development review to eliminate redundancy and minimize delays, to establish timelines for notify- ing the public of land use applications, to revise hearing requirements to allow one open record hearing and one closed record appeal hearing, and to provide that final decisions on develop- ment proposals be made within one hundred twenty (120) days of the date of the letter of com- pleteness, except for development specifically exempted under this Chapter. The mandatory nature of the one hundred twenty (120) day processing time notwithstanding, it is neither the intent nor the purpose of this Chapter to establish a claim or remedy for a delay in the final decision beyond one hundred twenty (120) days. (Ord. 4587, 3-18-1996; Amd. Ord. 4974, 6-24-2002) 4-8-020 APPLICABILITY: All applications for development shall be subject to the provisions of this Chapter, except where specifically exempted under RMC 4-8-050, Ex- emptions from State Process Requirements. (Ord. 4648, 1-6-1997) 4-8-030 EFFECT OF PERMIT: The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this code. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid except insofar as the work or use which it autho- rized is lawful. (Ord. 4351, 5-4-1992) 4-8-040 PERMIT PROCESSES CLASSIFIED BY TYPE: Development subject to review by the City is clas- sified and processed using one of the six (6) types of land use permit procedures listed in RMC 4-8-080G. The review process for the types of per- mit review procedures are described in RMC 4-8-080H. If the code does not expressly provide for review according to one of the six (6) types of permit review procedures, and another specific procedure is not required by law, the Development Services Division shall classify the application. (Ord. 4587, 3-18-1996; Ord. 5519, 12-14-2009) 4-8-050 EXEMPTIONS FROM STATE PROCESS REQUIREMENTS: A. STATE AUTHORITY: RCW 36.70B.140 allows a local government to exclude certain project permits from procedure and time limit requirements. This Section deals with exemptions from State-mandated notice re- quirements. Permit types listed below may and often do have City Code requirements for review, notification, and appeal beyond State require- ments. B. EXEMPTIONS FROM CITY GOAL OF ONE HUNDRED TWENTY (120) DAY REVIEW PROCESS FOR CERTAIN ACTIONS REQUIRING MORE TIME: RCW 36.70B.140 provides that local govern- ments may determine that there are “special cir- cumstances” relative to certain actions or processes that warrant a different review process than that set forth in State law. Therefore, the City exempts the following actions since they typically require more than one hundred twenty (120) days to process or would be deemed emergencies: 1. Comprehensive Plan amendments with or without any other associated land use ap- plication such as a rezone, 2. Renton Municipal Code amendments, 3. Annexations, 4. Planned unit developments, 5. Development agreements, 6. Environmental impact statements, 7. Temporary emergency wetland permit, 8. Declared emergency under SEPA, 9. Street vacations, 10. Any project once it is appealed to the Hearing Examiner and/or City Council. 4-8-050C (Revised 3/10)8 - 2 11. Any project once it becomes the subject of a petition under the Land Use Petition Act, 12. Any project that is determined by the Mayor to present extenuating circumstances which would require more than one hundred twenty (120) days to process. C. EXEMPTIONS FROM STATE NOTIFICATION AND PROCEDURAL REQUIREMENTS FOR PERMITS RELATING TO USE OF PUBLIC AREAS/ FACILITIES: As permitted by RCW 36.70B.140, the City also exempts the following “approvals relating to the use of public areas or facilities” from the notifica- tion and procedural requirements of RCW 36.70B.060 through 36.70B.080 and RCW 36.70B.110 through 36.70B.130. 1. Deferral of off- or on-site improvements, 2. Drainage connection permits, 3. Driveway construction permit (all uses/ users), 4. Driveway relocation permit (all uses/us- ers), 5. Franchise utility permits, 6. Right-of-way use permit, 7. Release of easements, 8. Side sewer permit, 9. Side sewer cap permit, 10. Sidewalk repair permit (all uses/users), 11. Sidewalk/curb/gutter construction per- mit (all uses), 12. Permits to stop City water and/or sewer service, 13. Water meter applications, 14. Other SEPA exempt actions/activities as outlined in WAC 197-11-800. D. EXEMPTIONS FROM STATE NOTIFICATION AND PROCEDURAL REQUIREMENTS FOR PERMIT APPLICATIONS NOT SUBJECT TO ENVIRONMENTAL REVIEW: RCW 36.70B.140 allows local governments to ex- clude certain approvals and building and engi- neering permits from the public notification and procedural requirements of the statute if they are categorically exempt from environmental review or if environmental review has already been com- pleted at an earlier stage. However, the City’s one hundred twenty (120) day maximum processing time would still apply. Therefore, the City exempts the following actions from the public notification and procedural requirements since they are typi- cally processed very quickly and would be con- siderably delayed by imposition of a public comment period(s). 1. Building and grading permits (SEPA ex- empt), 2. Business licenses for home occupations, 3. Planning/Building/Public Works adminis- trative variances (i.e., driveway grade), 4. Fire installation/construction permits, 5. Electrical, mechanical, plumbing, sign and special fence permits, 6. Lot line adjustments, 7. Final plats, 8. Minor amendments (less than ten per- cent (10%)) to a previously approved site plan, 9. Occupancy permits, 10. Open space, agricultural and timber lands current use assessment, 11. Public art exemption certificate, 12. Routine vegetation management per- mits (SEPA exempt), 13. Shoreline exemptions, 14. Temporary use permits (SEPA exempt), but not exempting sign requirements, 4-8-070C 8 - 3 (Revised 5/18) 15. Water, sewer, storm drainage, roadway permits (SEPA exempt), 16. Other SEPA exempt actions/activities as outlined in WAC 197-11-800. (Amd. Ord. 4974, 6-24-2002; Ord. 5156, 9-26-2005) E. EXEMPTIONS FROM STATE PROCEDURAL REQUIREMENTS FOR NONPROJECT PERMITS: RCW 36.70B.020 excludes certain actions from the definition of project permits, particularly non- project legislative actions. The adoption or amendment of a comprehensive plan, subarea plan, or development regulations that do not in- volve site-specific rezones are exempt from pro- cedures requiring environmental review to be completed prior to the legislative hearing. (Ord. 5153, 9-26-2005) 4-8-060 SUBMITTAL REQUIREMENTS – GENERAL: A. PURPOSE: In order to comply with the State law, the City is required to detail the requirements for complete building, public works and land use permit appli- cations. B. VESTING OF APPLICATION: See RMC 4-1-045, Vesting, as it exists or may be amended. (Ord. 5675, 12-3-2012) C. APPLICATION LOCATION: All land use, building, and public works applica- tions addressed in this Title shall be filed with the Development Services Division. All fire permits shall be filed with the Fire Department. (Ord. 5806, 6-20-2016) D. FEES: See RMC 4-1-140 through 4-1-200. (Ord. 5675, 12-3-2012) E. MULTIPLE PERMIT APPLICATION SUBMITTAL REQUIREMENTS: Where submittal requirements are duplicated for various types of permit applications, an applicant shall be required to submit only the largest (not to- tal) number of copies required. For example, an application for a site plan approval with associ- ated variance would require only twelve (12) cop- ies even though the submittal chart indicates that site plan approval requires twelve (12) copies and the variance requires ten (10) copies. (Ord. 5675, 12-3-2012) F. SUBMITTAL WAIVER PROCESS: In order to have any of the normally required sub- mittals waived, the applicant must request such waiver(s) at or after a preapplication meeting with City staff. Staff will consider the merits of the waiver request(s) and will provide the applicant with a written list of any/all submittals waived. The applicant must submit a copy of the list of City ap- proved waiver(s) at the time of formal application. (Ord. 5675, 12-3-2012) G. LETTER OF COMPLETENESS: Upon finding an application complete, the Devel- opment Services Division will provide a letter of completeness to the applicant and property owner(s). (Ord. 5675, 12-3-2012) 4-8-070 AUTHORITY AND RESPONSIBILITIES: A. REVIEW AUTHORITY: RMC 4-8-080G, Land Use Permit Procedures, lists the development applications and outlines the responsible review authority associated with making recommendations, conducting open re- cord public hearings, open record appeals, the re- sponsible official for the permit decision, and appeal bodies. B. SPECIFIC RESPONSIBILITIES: The regulation of land development is a coopera- tive activity including many different elected and appointed boards and City staff. The specific re- sponsibilities of these bodies are listed as set forth in subsections C through J of this Section and RMC 4-8-080G. C. PUBLIC WORKS ADMINISTRATOR: Authority: The Public Works Administrator shall review and act on the following: 1. Appeals of administrative decisions/de- terminations regarding requests for modifica- tion of storm drainage regulations; 2. Interpretation of flood insurance rate map boundaries; 3. Modifications: 4-8-070D (Revised 5/18)8 - 4 a. Modifications of storm drainage re- quirements; b. Modifications/waivers of sewer code requirements; 4. Sewer modifications, alternates, and ap- peals pursuant to RMC 4-9-250D and E; 5. Dedications of property for public pur- poses; and 6. Signing of final plats. (Ord. 5028, 11-24-2003; Amd. Ord. 5157, 9-26-2005; Ord. 5450, 3-2-2009; Ord. 5648, 12-12-2011; Ord. 5676, 12-3-2012; Ord. 5868, 12-11- 2017) 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; (Ord. 5519, 12-14-2009) 4. Conditional use permit, administrative; 5. Critical area regulation alternates and modifications; 6. Critical areas regulation administrative determinations pursuant to RMC 4-3-050D5; 7. Lot line adjustments; 8. Modifications: a. Minor modifications to a previously approved site plan; b. Modification of geologic hazard regu- lations for manmade slopes; c. Modifications of the number of re- quired parking stalls and the require- ments of the parking, loading and driveway regulations; and d. Modifications to development stan- dards in the Urban Design Regulation Overlay District; 9. Public art exemption certificates; 10. Review of business licenses for home occupations; 11. Revocable permits for the temporary use of a public right-of-way; 12. Routine vegetation management per- mits; 13. Shoreline exemptions; 14. Shoreline permits; 15. Short plats; (Ord. 5519, 12-14-2009) 16. Site plan approval, administrative; 17. Master Plan review (individual phases); 18. Temporary emergency wetland permits; 19. Temporary use permits; 20. Variances: a. Administrative pursuant to RMC 4-9-250B; (Ord. 5519, 12-14-2009) b. Variances not associated with a de- velopment permit that requires review by the Hearing Examiner, provided the vari- ance authority is not specifically given to another authority elsewhere in this Chap- ter, and any building permits submitted in conjunction with such variance applica- tion; and c. Variances from chapter 8-7 RMC, Noise Level Regulations; 21. Waivers: a. Waivers of right-of-way dedication for plat; b. On- and off-site improvements (in- cluding deferrals); and c. Allowing a commercial or multi-family residential driveway grade of between 4-8-070H 8 - 5 (Revised 5/18) eight percent (8%) and fifteen percent (15%); (Ord. 5450, 3-2-2009) 22. Final Planned Urban Developments; 23. Dedications of property for public pur- poses; 24. Impact fees – applicability, value of credits, independent fee calculations, or any other authority defined in RMC 4-1-190; and 25. Approval of final plats. (Ord. 5519, 12-14-2009; Ord. 5648, 12-12-2011; Ord. 5676, 12-3-2012; Ord. 5868, 12-11-2017) E. ENVIRONMENTAL REVIEW COMMITTEE: The Environmental Review Committee shall: 1. Make threshold determinations for envi- ronmental checklists, 2. Make determinations regarding whether an optional public hearing is needed for a site plan review application, 3. Authorize circulation of draft environmen- tal impact statements, 4. Approve and issue final environmental impact statements, 5. Approve mitigation conditions for miti- gated determinations of nonsignificance and final environmental impact statements. F.(Repealed by Ord. 5157, 9-26-2005) G. PLANNING COMMISSION: The Planning Commission shall review and act on the following: 1. Comprehensive Plan: Duties related to the Comprehensive Plan as described in chapter 2-10 RMC, Planning Commission. 2. Shoreline Master Program Amend- ments: Recommendations to City Council re- garding Shoreline Master Program Amendments after holding public hearing. 3. Area-Wide Zoning: The Planning Com- mission, in conducting area land use analy- sis, may from time to time recommend to the City Council area-wide zonings to implement the recommended amendments to the Com- prehensive Plan. 4. Land Use Regulations and Processes: Upon Council request and based upon the goals and policies of the Comprehensive Plan, recommendations to Council regarding effective and efficient land use regulations and processes. H. HEARING EXAMINER: 1. Authority: The Hearing Examiner shall review and act on the following: a. Appeals of administrative decisions/ determinations (including, but not limited to, parking, sign, street, tree cutting/rou- tine vegetation management standards, and Urban Center Design Overlay Dis- trict regulations) and ERC decisions, ex- cepting determinations of whether an application is a bulk storage facility which shall be appealable to the City Council, b. Appeals relating to RMC 4-5-060, Construction Administrative Code, c. Bulk storage special permit and vari- ances from the bulk storage regulations, d. Conditional use permit, e. Dedications of property for public purposes, f. Fill and grade permit, special, g. Master Plan review (overall plan) and major amendments to an overall Master Plan, h. Mobile home parks, preliminary and final, i. Planned urban development, prelimi- nary, j. Preliminary plats and major amend- ments to plats, (Ord. 5676, 12-3-2012) k. Shoreline conditional use permit, l. Shoreline variance, 4-8-070I (Revised 5/18)8 - 6 m. Site plan approvals requiring a pub- lic hearing, n. Special permits, o. Temporary use permits, tier III Tem- porary Homeless Encampments, p. Variances from wireless communica- tion facility development standards, the provisions of the subdivision regulations, and variances associated with a develop- ment permit that requires review by the Hearing Examiner, and q. Building permits submitted in con- junction with any of the above. (Ord. 5519, 12-14-2009; Ord. 5570, 11-15-2010; Ord. 5647, 12-12-2011) 2. Interpretation: It shall be the duty of the Hearing Examiner to interpret the provisions of chapter 4-2 RMC, Zoning Districts – Uses and Standards, in such a way as to carry out the intent and purpose of the plan thereof, as shown by the maps fixing districts, accompa- nying and made part of this Code, in cases where the street layout actually on the ground varies from the street layout as shown on the maps aforesaid. 3. Recommendations: The Hearing Ex- aminer shall hold a public hearing and make recommendations to the City Council on the following: a. Rezones, site specific, in confor- mance with the Comprehensive Plan, b. Special permits requiring Council ap- proval. (Ord. 5519, 12-14-2009) 4. Appeals: Unless otherwise specified, any decision of the Environmental Review Committee, the Community and Economic Development Administrator, or the Public Works Administrator in the administration of this Title shall be appealable to the Hearing Examiner as an administrative determination pursuant to RMC 4-8-110E, Appeals to Hear- ing Examiner. (Ord. 5028, 11-24-2003; Ord. 5153, 9-26-2005; Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012; Ord. 5868, 12-11-2017) I. CITY COUNCIL: The City Council shall review and act on the fol- lowing: 1. Annexations, 2. Appeals of Hearing Examiner decisions (any appeal from a Hearing Examiner’s deci- sion, whether an appeal from an administra- tive determination or an original decision, shall be appealable to the City Council pursu- ant to RMC 4-8-110E8), 3. Appeals of staff determinations of whether or not a proposal is considered a bulk storage facility, 4. Comprehensive Plan map or text amend- ment, 5. Dedications of property for public pur- poses, 6. Development and zoning regulations text amendment, 7. Release of easements, 8. Rezones with associated Comprehen- sive Plan amendment, 9. Rezones with associated Comprehen- sive Plan map or text amendment, 10. Street vacations, (Ord. 5153, 9-26-2005; Ord. 5519, 12-14-2009) J. REVIEW AUTHORITY FOR MULTIPLE PERMIT APPLICATIONS: Where required permits are subject to different types of permit review procedures, then all the as- sociated applications are subject to the highest level of review authority that applies to any of the required applications. (Amd. Ord. 4963, 5-13-2002) 4-8-080 PERMIT CLASSIFICATION: A. PURPOSE: The purpose of this Section is to outline the pro- cedure and time requirements for the various de- velopment applications reviewed by the City. All development applications are classified and pro- cessed according to one of eleven (11) types of 4-8-080F 8 - 7 (Revised 5/18) permit procedures, as identified in subsection G of this Section. B. REVIEW PROCESS BASED UPON APPLICATION TYPE: Subsection G of this Section lists the develop- ment applications and explains the basic steps in the review process. This table also outlines the responsible review authority. More specific details regarding specific land use application proce- dures and decision criteria are located in chapter 4-9 RMC, Permits – Specific. (Ord. 4587, 3-18-1996; Amd. Ord. 4660, 3-17-1997; Ord. 4963, 5-13-2002) C. CONSOLIDATED REVIEW PROCESS FOR MULTIPLE PERMIT APPLICATIONS: 1. Consolidation Process Resulting in a Single Open Record Public Hearing: An applicant seeking approval of multiple per- mits with varying review and decision author- ity shall consolidate the applications for a single review process. Consolidated review shall provide for only one open record hear- ing and no more than one closed record ap- peal period. Appeals of environmental determinations shall be consolidated except when allowed to be part of separate hearings in accordance with RCW 43.21C.075, Ap- peals, and WAC 197-11-680, Appeals. Where hearings are required for permits from other local, State, regional, or Federal agen- cies, the City will cooperate to the fullest ex- tent possible with the outside agencies to hold a single joint hearing. 2. Review Authority for Multiple Permit Applications: Where more than one land use permit application is required for a given development, an applicant may file all related permit applications concurrently, pay appro- priate fees, and the processing may be con- ducted under the consolidated review process. Where required permits are subject to different types of permit review proce- dures, then all the applications are subject to the highest-number procedure, as identified in subsection G of this Section, and highest level of review authority, as identified in RMC 4-8-070, that applies to any of the applica- tions. Appeals of environmental determina- tions shall be consolidated except when allowed to be part of separate hearings in ac- cordance with RCW 43.21C.075, Appeals, and WAC 197-11-680, Appeals. 3. Exceptions to Consolidated Review: The following permits or approvals are ex- empt from the consolidated review process: a. Type V and Type VI Land Use Per- mits; b. Approvals relating to the use of pub- lic areas or facilities; and c. Other project permits, whether ad- ministrative or quasi-judicial, that the City by ordinance or resolution has deter- mined present special circumstances that warrant a review process different from that provided by this Section. (Amd. Ord. 4963, 5-13-2002; Ord. 5153, 9-26-2005; Ord. 5853, 8-7-17) D. (Repealed by Ord. 5853, 8-7-17) E. TIME FRAMES: For permit types I through IV, the timelines include the statutory requirement that requires the issu- ance of a letter of completeness within twenty- eight (28) days of the application submittal, pursu- ant to RCW 36.70B.070(1), and the provision for final decisions on permits within one hundred twenty (120) days of receipt of a complete appli- cation, unless the applicant consents to an exten- sion of such time period. If a project application is substantially revised by an applicant, the one hun- dred twenty (120) day time period shall start again after the revised project application is determined to be complete. Development applications that are specifically exempted under RMC 4-8-050, Ex- emptions from State Process Requirements, are not subject to this time frame. (Amd. Ord. 4974, 6-24-2002; Ord. 5153, 9-26-2005; Ord. 5853, 8-7- 17) F. EXCLUSIONS FROM ONE HUNDRED TWENTY (120) DAY TIME LIMIT: In determining the number of days elapsed since the applicant was notified that the application is complete, the following periods shall be excluded: 1. Revisions/Additional Information Re- quired: The time period in which an applicant has been requested by the Department to cor- rect plans, perform required studies, or pro- vide additional information. The period shall 4-8-080G (Revised 5/18)8 - 8 be calculated from the date the Department notifies the applicant of the need for additional information until: (a) the date the Department determines the additional information satis- fies the request for information, or (b) fourteen (14) days after the date acceptable informa- tion has been provided to the City, whichever is earlier. If the Department determines that the information submitted is insufficient, it shall notify the applicant of the deficiencies. 2. EIS Preparation: A period of two hun- dred fifty (250) days for the preparation of a draft environmental impact statement (DEIS), following a determination of significance. This time frame shall commence after the final scoping of the DEIS is complete. 3. Applicant Agreements: Any time exten- sion mutually agreed upon by the applicant and the Department. (Ord. 5853, 8-7-17) G. LAND USE PERMIT PROCEDURES: LAND USE PERMITS PUBLIC NOTICE OF APPLICATIONRECOMMENDATIONOPEN RECORDHEARING7DECISION/ADOPTIONOPEN RECORDAPPEALCLOSED RECORDHEARINGJUDICIAL APPEALTYPE I Building and Grading Permits1 No No No Staff HE CC SC Business Licenses for Home Occupations (no customer visits/deliveries) No No No Staff HE CC SC 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 to Previously Approved Site Plan (<10%) No No No Staff HE CC SC Modifications, Deviations, Alternates of Various Code Standards2 No No No Staff HE CC SC Public Art Exemption Certificate No No No Staff HE CC SC Routine Vegetation Management Permits (SEPA exempt) No No No Staff HE CC SC 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 Permit: Tier I No No No Staff HE CC SC Waivers 2 No No No Staff HE CC SC Other SEPA Exempt Activities/Actions No No No Staff HE CC SC TYPE II Additional Animals Permit Yes No No Staff HE CC SC Administrative Variances Yes No No Staff HE CC SC Business Licenses for Home Occupations (with customer visits/deliveries) Yes No No Staff HE CC SC Conditional Approval Permit (nonconforming structures) Yes No No Staff HE CC SC Critical Area Permit Yes No No Staff HE CC SC Planned Urban Development, final Yes No No Staff HE CC SC 4-8-080G 8 - 9 (Revised 8/18) Temporary Use Permits: Tier II Yes No No Staff HE CC SC Temporary Emergency Wetland Permit Yes No No Staff HE CC SC Variances, Administrative Yes No No Staff HE CC SC Binding Site Plans Yes No No Staff HE CC SC Conditional Use Permit (administrative)Yes No No Staff HE CC SC Development Permit (special flood hazard) Yes No No Staff HE CC SC Environmental Review9 Yes No No Staff HE CC SC Master Site Plan Approvals (individual phases) Yes No No Staff HE CC SC Site Plan Review (administrative) Yes No No Staff HE CC SC Shoreline Permit Yes No No Staff DOE CC SC Short Plats Yes No No Staff HE CC SC TYPE III4 Bulk Storage Special Permit Yes Staff HE HE CC SC Conditional Use Permit (Hearing Examiner) Yes Staff HE HE CC SC Fill and Grade Permit, Special Yes Staff HE HE CC SC Major Amendments to Plats Yes Staff HE HE CC SC Master Site Plan Approval (overall plan) Yes Staff HE HE CC SC Mobile Home Parks, Preliminary and Final Yes Staff HE HE CC SC Planned Urban Development, preliminary Yes Staff HE HE CC SC Preliminary Plats – 10 Lots or More Yes Staff HE HE CC SC Shoreline Conditional Use Permit6 Yes Staff HE DOE, HE SHB Shoreline Variance6 Yes Staff HE DOE, HE SHB Site Plan Review (Hearing Examiner) Yes Staff HE HE CC Special Permits Yes Staff HE HE CC Temporary Use Permits: Tier III Temporary Homeless Encampments Yes Staff HE HE CC SC Variances (associated with Hearing Examiner land use review) Yes Staff HE HE CC TYPE IV4 Rezones (site-specific, not associated with a Comprehensive Plan amendment) Yes Staff, HE HE CC SC Text Amendments of Purely Administrative or Procedural Code8 Yes Staff No CC GMHB TYPE V4 Street Vacations8 Yes Public Works Staff CC CC SC TYPE VI4 Development Regulation Text Amendments8 Yes Staff, PC PC CC GMHB LAND USE PERMITS PUBLIC NOTICE OF APPLICATIONRECOMMENDATIONOPEN RECORDHEARING7DECISION/ADOPTIONOPEN RECORDAPPEALCLOSED RECORDHEARINGJUDICIAL APPEAL 4-8-080G (Revised 8/18)8 - 10 LEGEND: Staff – Community and Economic Development Staff ERC – Environmental Review Committee PC – Planning Commission Admin. – Community and Economic Development Administrator HE – Hearing Examiner 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 Commit- tee (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 Depart- ment 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 hundred twenty (120) day maximum time limit for permit deci- sions. DOE’s decision is followed by a twenty one (21) day appeal period, during which time no build- ing 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. (Amd. Ord. 4827, 1-24-2000; Ord. 4963, 5-13-2002; Ord. 4975, 7-1-2002; Ord. 5153, 9-26-2005; Ord. 5356, 2-25-2008; Ord. 5450, 3-2-2009; Ord. 5471, 7-13-2009; Ord. 5516, 12-14-2009; Ord. 5519, 12-14-2009; Ord. 5570, 11-15-2010; Ord. 5647, 12-12-2011; Ord. 5676, 12-3-2012; Ord. 5841 (Att. E), 6-12-2017; Ord. 5853, 8-7-17; Ord. 5868, 12-11-2017; Ord. 5876, 1-22-2018; Ord. 5882, 5-7-2018) H. (Repealed by Ord. 5519, 12-14-2009) Comprehensive Plan Map or Text Amendments (may include associated rezones)8 Yes Staff, PC PC CC GMHB LAND USE PERMITS PUBLIC NOTICE OF APPLICATIONRECOMMENDATIONOPEN RECORDHEARING7DECISION/ADOPTIONOPEN RECORDAPPEALCLOSED RECORDHEARINGJUDICIAL APPEAL 4-8-090A 8 - 11 (Revised 5/16) 4-8-090 PUBLIC NOTICE REQUIREMENTS: A. NEIGHBORHOOD MEETINGS: 1. Purpose: A neighborhood meeting is an applicant-hosted forum intended to assist in producing applications that are responsive to neighborhood concerns, and to reduce the likelihood of delays and appeals. The City ex- pects an applicant to take into consideration the reasonable concerns and recommenda- tions of the neighbors and other interested persons when preparing an application. Neighborhood meetings are not City-spon- sored and neither delegates any authority to the public nor reflects the City’s perspective on the merits of the project. 2. Applicability: A neighborhood meeting is required for: a. Preliminary plat applications; b. Planned urban development applica- tions; and c. Projects estimated by the City to have a monetary value equal to or greater than ten million dollars ($10,000,000), unless waived by the Ad- ministrator. d. Exemptions: The construction or al- teration of public facilities, the construc- tion or alteration of airplane manufacturing facilities, and develop- ment within the employment area land use designation. 3. Timing: A required neighborhood meet- ing shall occur after a pre-application meeting and before submittal of applicable permit ap- plications. The meeting shall occur during a weekday evening, excluding Friday and fed- erally recognized holidays. The meeting shall last a minimum of one hour, start no earlier than 5:00 p.m., and conclude no later than 9:00 p.m. 4. Location: The meeting shall be held at a location open to the public and that is in com- pliance with the Americans with Disabilities Act and can accommodate a reasonable number of neighbors within the notification boundary. The public meeting shall be held within Renton city limits, at a location no fur- ther than two (2) miles from the project site, unless an alternate meeting location is ap- proved by the Administrator. 5. Notice: Notices of the meeting shall con- tain the following statement and be provided as follows: The intent of this meeting is to facilitate an in- formal discussion between the project devel- oper and the neighbors regarding the project. While required by the City of Renton, this meeting is not conducted by the City of Renton and is in addition to any future public hearing or public comment opportunities available under City of Renton development review processes. a. Mailing: The applicant shall send by regular mail a written notice announcing the neighborhood meeting to property owners within three hundred feet (300') of the property subject to the proposed de- velopment. The notice shall include the date, time and location of the meeting and briefly discuss the nature and loca- tion of the proposal. The notice shall be mailed not less than ten (10) calendar days and no more than forty (40) calen- dar days prior to the meeting date. The mailing list shall be obtained by the appli- cant and based on the most recent prop- erty tax assessment rolls of the King County Department of Assessments. b. Meeting Location Sign: A sign at least two feet (2') by two feet (2') in area with minimum two-inch (2") lettering shall be placed at the main entrance of the building where the meeting will take place at least one hour prior to the meet- ing. Such sign shall state purpose of the meeting, the meeting is open to the pub- lic and that interested persons are invited to attend. This sign shall be removed by the applicant upon conclusion of the meeting. 6. Meeting Procedure: a. Content: The applicant shall provide a description of the proposed develop- ment to persons in attendance. Attend- ees may identify any issues they believe 4-8-090B (Revised 5/16)8 - 12 should be addressed in the application and recommend those issues be submit- ted for City consideration and analysis. b. Materials: The applicant shall pre- pare and make available the following materials (if applicable) for review and discussion at the public meeting. Copies of presentation materials shall be offered to attendees. i. A conceptual site plan/plat layout showing buildings, road layout, land- scape, parking, open space areas, and abutting properties; ii. An aerial photograph showing the subject property and abutting properties; and iii. Other materials as determined by the Administrator. c. Sign-In Sheet: A sign-in sheet shall be distributed to all attendees that speci- fies the date, time and location of the neighborhood meeting and requests the name, address, phone number and elec- tronic mail address of each meeting at- tendee. d. Notes: The applicant shall take notes of the discussion on the proposed development and/or accept written notes from attendees for submittal to the City. 7. Submittal Requirements: The applicant shall submit the following materials with the submittal of a complete development applica- tion: a. A copy of the notice provided to sur- rounding property owners within three hundred feet (300') of the proposed de- velopment site; b. A copy of the mailing list used to send out meeting notices; c. An affidavit of mailing and posting notice(s); d. A copy of the meeting sign-in sheet; e. Copies of materials presented at the meeting; f. Notes of the meeting including a sum- mary of oral and written comments re- ceived; and g. If no members of the public attended the neighborhood meeting and/or per- sons in attendance made no comments, the required submittal materials shall re- flect the absence of comment, atten- dance, or both. 8. Consideration: The City shall consider as part of the development review process the concerns and issues raised by the neigh- bors and applicant at the neighborhood meet- ing, including any agreed-upon solutions or resolutions to outstanding issues or areas of contention. The City, however, shall not be bound in its decision-making by any agree- ments or understandings made between the neighbors and applicants. Nothing in this Section shall be construed to delegate design or project review decision-making authority to the participants in the public meeting. 9. City Involvement: The neighborhood meeting is intended to be a developer-neigh- borhood interaction. City staff members are not required to attend and/or participate in neighborhood meetings. The Director of the Planning Division shall be notified a minimum of seven (7) calendar days prior to the sched- uled date of the meeting. The decision of City staff to attend shall not represent the City’s position on the merits of the development proposal and does not constitute an approval or denial of an application, now or submitted in the future. B. PUBLIC OUTREACH SIGNS: 1. Purpose: Public outreach signs are in- tended to supplement information provided by public information signs by allowing an ap- plicant to develop a personalized promotional message for the proposed development. The sign is also intended to provide the public with a better sense of proposed development by displaying a colored rendering of the project and other required or discretionary informa- tion that lends greater understanding of the project. 2. Applicability: A public outreach sign shall be erected prior to submittal of a com- plete application for: 4-8-090C 8 - 13 (Revised 5/18) a. Preliminary plats; b. Planned urban developments; and c. Projects estimated by the City to have a monetary value equal to or greater than ten million dollars ($10,000,000), unless waived by the Ad- ministrator. d. Exemptions: The construction or al- teration of public facilities, the construc- tion or alteration of airplane manufacturing facilities, and develop- ment within the employment area land use designation. 3. Sign Standards: Public outreach signs required by this subsection shall conform to the following standards: a. Sign Specifications: The sign shall be constructed and installed in accor- dance with specifications officially de- clared by the Administrator. b. Location: The sign shall be erected at the approximate midpoint of the site’s street frontage and five feet (5') within the front lot line or as otherwise directed by the Department for maximum visibility. c. Content: The sign shall convey, at a minimum, the information officially de- clared by the Administrator. d. Duration: The sign shall not be re- moved until a temporary certificate of oc- cupancy or a certificate of occupancy is issued. e. Posting Evidence: The applicant shall submit an affidavit that states the date and location of the posting along with a photograph of the posted sign that provides some context of its location. f. Administrator’s Discretion: The Administrator has the discretion to re- quire additional public information signs and/or information provided by the appli- cant. 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 accor- dance with the following standards, unless exempted by this subsection. The applicant shall be responsible for the procurement, in- stallation 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. Business licenses for home occupa- tions; c. Temporary use permit – Tier II; d. Temporary emergency wetland per- mit; 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. 2. Sign Specifications: The sign shall be designed, constructed, and installed in accor- dance with specifications officially declared by the Administrator. 3. Timing: The sign shall be posted by the applicant prior to submittal of a complete ap- plication, yet no more than five (5) days be- forehand. 4. Location: The sign shall be erected at the approximate midpoint of the site’s street frontage and within five feet (5') of the front lot line, or as otherwise directed by the Depart- ment for maximum visibility. View of the sign 4-8-090D (Revised 5/18)8 - 14 shall not be obstructed from the perspective of the abutting public right-of-way. 5. Content: The sign shall convey the infor- mation officially declared by the Administra- tor. 6. Duration: The sign shall not be removed until the appeal period has ended. Removal of the sign prior to the prescribed time frame may be cause for additional notice or appeal period. The sign shall be removed within seven (7) days following the end of the ap- peal period. 7. Posting Evidence: The applicant shall submit an affidavit that states the date and lo- cation of the posting, and a photograph of the posted sign that provides context of its loca- tion. 8. Administrator’s Discretion: The Ad- ministrator has the discretion to require addi- tional signs and/or information be provided by the applicant. D. NOTICE OF DEVELOPMENT APPLICATION: 1. Applicability: A notice of application is not required for actions classified as a Type 1 land use procedure under RMC 4-8-080G, and for actions specifically exempted under RMC 4-8-050, Exemptions from State Pro- cess Requirements, but is required for all land development permit applications subject to notice requirements. 2. Timing: Within fourteen (14) days of is- suing a letter of completeness under RMC 4-8-100C, Letter of Completeness, the City shall issue a notice of development applica- tion. The notice shall, at minimum, include the following: a. Applicant and/or owner name; b. Project name and City file number; c. Date of application acceptance; d. Project location; e. Project description; f. A listing of all permits/approvals re- quested; g. The date the fourteen (14) day public comment period expires; h. A statement officially declared by the Administrator that explains how persons can obtain more information about the project from the Department and become a party of record. (Ord. 4587, 3-18-1996, Amd. Ord. 4722, 5-11-1998) i. The date, time, and place of a public hearing if one has been scheduled. (Ord. 4507, 3-18-1996) 3. Notice: Notices of development applica- tion shall be provided as follows: a. Notice shall be mailed to property owners within three hundred feet (300') of the boundaries of the subject property; and b. Notice shall be posted on the City of Renton’s webpage for the Community and Economic Development Department – Planning Division. E. NOTICE OF ADMINISTRATIVE DECISIONS: The Department shall notify all parties of record, the project proponent and affected government agencies of any administrative decision subject to notice. Notification shall be made by U.S. Postal mail, or electronic transmittal (email) if agreed to by parties; however, the Department may also elect to post the notices of administrative decision at or near the project site. The notice shall in- clude: 1. A description of the decision(s), including any conditions of approval. 2. A statement explaining where further in- formation may be obtained. 3. Any threshold environmental determina- tion issued for the project. If an application subject to an administrative approval requires an environmental threshold determination, the notice of administrative approval shall in- clude the threshold determination and its ap- peal process. 4-8-090I 8 - 15 (Revised 5/18) 4. The decision and a statement that the de- cision will be final unless an appeal to the Hearing Examiner is filed with the City Clerk within fourteen (14) days of the date of the decision. (Ord. 5853, 8-7-17) F. NOTICE OF PUBLIC HEARING: Notice of a public hearing for all development ap- plications subject to notification requirements and all open record appeals shall be given as follows: 1. Time of Notices: Except as otherwise required, public notification of meetings, hearings, pending actions, and open record appeals, as defined by chapter 42.30 RCW, shall be made by: a. Publication at least ten (10) days be- fore the date of a public meeting, hearing, or pending action in the official newspa- per if one has been designated or a newspaper of general circulation in the City, b. Mailing (U.S. Postal or electronic transmittal (email) if agreed to by parties) at least ten (10) days before the date of a public meeting, hearing, or pending ac- tion to all parties of record, the project proponent and affected government agencies, and c. Posting on the City’s webpage at least ten (10) days before the date of public meeting, hearing, or pending ac- tion. 2. Content of Notice: The public notice shall include a general description of the pro- posed project, the action to be taken, a non- legal description of the property or a vicinity map or sketch, the time, date and place of the public hearing, where further information may be obtained, and the following, or equivalent, statement: “If the hearing on a pending action cannot be completed on the date set in the public notice, the meeting or hearing may be continued to a date certain and no further no- tice under this Section is required.” (Ord. 5853, 8-7-17) G. NOTICE OF HEARING EXAMINER DECISION: Notice of Hearing Examiner decisions subject to notice requirements shall be made by the Hearing Examiner’s office, or designee, to all parties of re- cord, the project proponent, the Department, and affected government agencies. Notification shall be made by mail (U.S. Postal or electronic trans- mittal (email) if agreed to by parties) and shall in- clude: 1. A description of the decision(s), including any conditional approval. 2. A statement explaining where further in- formation may be obtained. 3. Any threshold environmental determina- tion issued and its appeal process. 4. The decision date and a statement that the decision will be final unless an appeal to the City Council is filed with the City Clerk within fourteen (14) days of the date of the decision. (Ord. 5853, 8-7-17) H. NOTICE OF CITY COUNCIL DECISION: Notice of City Council decisions subject to notice requirements shall be made by the City Clerk’s of- fice to all parties of record, the project proponent, the Department, and affected government agen- cies. Notification shall be made by mail (U.S. Postal or electronic transmittal (email) if agreed to by parties) and shall include: 1. A description of the decision(s), including any conditions of approval. 2. A statement explaining where further in- formation may be obtained. 3. Any threshold environmental determina- tion issued and its appeal process. 4. The decision date and a statement that the decision will be final unless the appropri- ate land use appeal, writ of review or appeal from the decision of the City Council is filed with the Superior Court within fourteen (14) days of the date of the decision. (Ord. 4587, 3-18-1996; Ord. 5853, 8-7-17) I. FAILURE TO RECEIVE NOTICE: Failure to receive such mailed notification as may be required pursuant to this Section shall have no effect upon the proposed action or application. (Ord. 5153, 9-26-2005; Ord. 5793, 4-25-2016) 4-8-100A (Revised 5/18)8 - 16 4-8-100 APPLICATION AND DECISION – GENERAL: A. PREAPPLICATION MEETING: 1. When Required: A preapplication meet- ing prior to formal submittal of a develop- ment application is required if a waiver of submittal requirements is requested or a proposed project is within the Airport In- fluence Area; a preapplication meeting is recommended for all other projects. (Amd. Ord. 4777, 4-19-1999; Ord. 4788, 7-19-1999; Ord. 5100, 11-1-2004; Ord. 5759, 6-22-2015) 2. Purpose: The meeting is not intended to provide an exhaustive review of all potential issues. Preapplication review does not pre- vent or limit the City from applying all relevant laws at the time of application submittal. The purposes of a preapplication meeting are: a. To acquaint an applicant with the re- quirements of the City’s development regulations and other applicable laws. b. To provide an opportunity for the City to be acquainted with a proposed appli- cation prior to review of a formal applica- tion. (Amd. Ord. 4794, 9-20-1999) 3. Preapplication Submittal Require- ments: Preapplication meeting submittal re- quirements are available through the Department. 4. Waiver of Formal Application Submit- tal Requirements: An applicant may submit a written request for a waiver from formal ap- plication submittal requirements under RMC 4-8-120, Submittal Requirements – Specific to Application Type, which may be considered during a preapplication meeting. B. SUBMITTAL OF FORMAL APPLICATION: Applications, except appeals, shall be filed with the Department. C. LETTER OF COMPLETENESS: 1. Timing: Within twenty eight (28) days af- ter receipt of an application, the Department shall provide a written determination that the application is deemed complete or incom- plete according to the submittal requirements as listed in RMC 4-8-120A, B or C, and any site-specific information identified after a site visit. In the absence of a written determina- tion, the application shall be deemed com- plete. 2. Incomplete Applications: a. Notice of Incomplete Application: If an application is determined incom- plete, the necessary materials for com- pletion shall be specified in writing to the contact person and property owner. b. Notice of Complete Application or Request for Additional Information: Within fourteen (14) days of submittal of the information specified as necessary to complete an application, the applicant will be notified whether the application is complete or what additional information is necessary. The maximum time for re- submittal shall be within ninety (90) days of written notice. c. Time Extensions: In such circum- stances where a project is complex or conditions exist that require additional time, the Administrator may allow the ap- plicant, contact person and/or property owner additional time to provide the re- quested materials. When granted, exten- sion approvals shall be provided in writing. (Ord. 5676, 12-3-2012) 3. Additional Information May Be Re- quested: A written determination of com- pleteness does not preclude the Department from requesting supplemental information or studies, if new information is required to com- plete review of an application or if significant changes in the permit application are pro- posed. The Department may set deadlines for the submittal or supplemental information. 4. Expiration of Complete Land Use Ap- plications: Any land use application type de- scribed in RMC 4-8-080 that has been inactive and an administrative decision has not been made or has not been reviewed by the Hearing Examiner in a public hearing shall become null and void six (6) months af- ter a certified notice is mailed to the applicant, contact person and property owner, unless 4-8-100G 8 - 17 (Revised 5/18) other time limits are prescribed elsewhere in the Renton Municipal Code or other codes adopted by reference. 5. Extension of Complete Application: A one-time, one-year extension may be granted if a written extension request is sub- mitted prior to the expiration date identified in the certified notice and the applicant, contact person or property owner(s) has demon- strated due diligence and reasonable reli- ance towards project completion. In consideration of due diligence and reason- able reliance the Administrator shall consider the following: a. Date of initial application; b. Time period the applicant had to submit required studies; c. Availability of necessary informa- tion; d. Potential to provide necessary information within one (1) year; e. Applicant’s rationale or purpose for delay; and f. Applicant’s ability to show reli- ance together with an expectation that the application would not expire. (Ord. 4587, 3-18-1996; Ord. 4660, 3-17-1997; Ord. 5605, 6-6-2011; Ord. 5676, 12-3-2012) D. NOTICES TO APPLICANT: The applicant shall be advised of the date of ac- ceptance of the application and of the environ- mental determination, if applicable. The applicant shall be advised of the date of any public hearing at least ten (10) days prior to the public hearing. (Ord. 3454, 7-28-1980) E. ADMINISTRATIVE DECISION: The Administrator shall issue decisions within the time frames established in RMC 4-8-080, Permit Classification. F. REPORT BY THE DEPARTMENT FOR PUBLIC HEARING: 1. Report Content: When an application has been set for public hearing, if required, the Department shall coordinate and assem- ble the comments and recommendations of other City departments and government agencies having an interest in the subject ap- plication and shall prepare a report summa- rizing the factors involved and the Department findings and supportive recom- mendations. 2. Report Timing: At least seven (7) calen- dar days prior to the scheduled hearing, the report shall be filed with the Hearing Exam- iner and copies thereof shall be mailed to the applicant and shall be made available for use by any interested party for the cost of repro- duction. (Ord. 3300, 3-19-1979; Amd. Ord. 3592, 12-14-1981) G. PUBLIC HEARING: The following shall apply to public hearings held by the Hearing Examiner: 1. Hearing by Hearing Examiner Re- quired: Before rendering a decision or rec- ommendation on any application for which a public hearing is required, the Hearing Exam- iner shall hold at least one (1) public hearing thereon. 2. Constitutes Hearing by Council: On applications requiring approval by the City Council, the public hearing before the Hear- ing Examiner, if required, shall constitute the hearing by the City Council. The Hearing Ex- aminer shall have the power to prescribe rules and regulations for the conduct of hear- ings under this Chapter subject to confirma- tion by the City Council, and to administer oaths and preserve order. 3. Hearing Rules: a. Scope of Rules: These rules apply to all hearings that are required by the Renton Municipal Code to be held before the Hearing Examiner and shall serve as guidance when the Hearing Examiner is given the duty to conduct hearings on other subjects. The criteria for consider- ation of land use decisions are found in chapter 4-9 RMC. b. Organization Representative Re- quired: When a group of people, organi- zation, corporation, or other entity, participates in a hearing, one person is to 4-8-100G (Revised 5/18)8 - 18 be designated to be its representative and inform the Hearing Examiner in writ- ing of the name, address and telephone number of that designated representa- tive. The rights of such participant shall be exercised by the person designated as the representative. Except as other- wise provided in these rules, notice or other communication to the representa- tive is considered to be notice or commu- nication to the organization. c. Powers of Hearing Examiner: The Hearing Examiner shall preside over the hearing. The Hearing Examiner shall have all of the authority and duties granted to the Hearing Examiner in state statutes, the City code, and other City or- dinances. Included in the duties of the Hearing Examiner are the following: to conduct fair and impartial hearings, to take all necessary action to avoid delay in the disposition of proceedings, and to maintain order. The Hearing Examiner has all powers necessary to that end, in- cluding the following: i. To administer oaths and affirma- tions; ii. To rule upon offers of proof and receive evidence; iii. To regulate the course of the hearings and the conduct of the par- ties and their agents; iv. To consolidate matters under consideration for hearing whenever the interests of justice and efficiency will be served or as required by the City code; v. To question any participant at the hearing; vi. To hold conferences for settle- ment, simplification of the issues, or any other proper purpose; vii. To require briefing on legal is- sues; viii. To consider and rule upon all procedural and other motions appro- priate to the proceedings; and ix. To make and file decisions and recommendations. d. Conflict with State Law or Proce- dural Due Process: These rules of pro- cedure are adopted to supplement the requirements of the Renton Municipal Code, state law and procedural due pro- cess. In the event that there are any con- flicts between these rules and the provisions of the Renton Municipal Code, state law or procedural due process, the provisions of the Renton Municipal Code or procedural due process shall prevail. e. Nature of Proceedings: i. Frequency: Hearings before the Hearing Examiner shall be held at the time and place specified in the notice of hearing. Each matter shall be noted to commence at a particular time. Once commenced, a hearing may be continued by the Hearing Ex- aminer for good cause. ii. Format: The format for a hear- ing will be of an informal nature yet designed in such a way that the evi- dence and facts relevant to a particu- lar proceeding will be easily ascertainable by a reviewing body. The format will allow development of a record consistent with these rules. iii. Site Visit: Site visits may be helpful in understanding evidence that has been or might be presented at a hearing. When deemed neces- sary by the Hearing Examiner, the Hearing Examiner may inspect the site before or after a hearing. If the Hearing Examiner intends to conduct a post-hearing inspection, he or she shall ensure that the parties have an opportunity to be heard concerning the visit. iv. Record of Hearing: Hearings shall be electronically recorded and such recordings shall be a part of the official case record. No minutes of the hearing will be required, except that the list of witnesses testifying and exhibits offered and/or entered shall be maintained throughout the 4-8-100G 8 - 19 (Revised 5/18) proceedings. Written transcripts of recorded proceedings are the re- sponsibility of the person desiring the transcript at his or her own cost. Any transcript must be provided to the City Clerk and the Renton City Attor- ney at no cost. v. Computation of Time: In the computation of any period of time prescribed or allowed in any manner by the Hearing Examiner or Renton Municipal Code, the day from which the time period begins to run shall not be included. When the last day of the period so computed is a Saturday, Sunday or a City-recognized holiday, the period shall run until the end of the next following business day. vi. Filing and Service: (a) Filing occurs when docu- ments are submitted to the Hear- ing Examiner Clerk at the Renton City Clerk’s Office. Documents may be submitted by mail, per- sonal delivery, fax, or email. Fil- ing is complete upon receipt, except that filing by email and fax must be confirmed during regular business hours. Courtesy copies may be sent directly to the Hear- ing Examiner. Service by mail will be deemed complete if post- marked two (2) days before the due date. (b) Documents required to be served on another party of re- cord may be delivered person- ally, transmitted by facsimile or email, or sent by regular mail. Service must be complete by 5:00 p.m. on the day it is due. In the case of regular mail, service will be deemed complete if post- marked two (2) days before the due date. (c) Except for final decisions, every party of record repre- sented by another person and every participant represented by another person consents to ser- vice on the representative. (d) At least seven (7) calendar days prior to the hearing, the staff member assigned to the matter shall file a written analysis (“staff report”) with the Hearing Examiner, along with all docu- ments from the file he or she de- termines are required for review of the matter. The staff report and an identification of the docu- ments shall be mailed to the ap- plicant and to the appellant(s), if different from the applicant. Any party may inspect the Depart- ment’s file and submit additional documents to the Hearing Exam- iner. vii. Communications with Hear- ing Examiner: Any written or verbal communication, made directly or in- directly with or by the Hearing Exam- iner that occurs outside of the hearing and in the absence of other participants is an ex parte communi- cation. Ex parte communications are prohibited, except those communica- tions regarding written submissions that are copied to all other parties of record or procedural matters. If an ex parte communication is prohibited by these rules and is recognized after it occurs, a written statement of the communication shall be made or the statement shall be disclosed during the hearing with an opportunity for parties of record to respond. viii. Appearance of Fairness: Proceedings before the Hearing Ex- aminer are quasi-judicial in nature and therefore the appearance of fair- ness doctrine applies. At the com- mencement of the hearing or prior to commencement, if known, the Hear- ing Examiner and parties of record are required to disclose any fact that may affect the ability of the Hearing Examiner to issue a fair and impartial decision. ix. Hearing Examiner Pro Tem: In the event the Hearing Examiner is unable to serve, a “Hearing Exam- iner Pro Tem” will be selected as de- termined by the City. The Hearing 4-8-100G (Revised 5/18)8 - 20 Examiner Pro Tem shall have the same authority as the Hearing Exam- iner. x. Termination of Jurisdiction: The jurisdiction of the Hearing Exam- iner ends when the Hearing Exam- iner issues a final decision or recommendation in the matter and the time limit for all appeals has been exhausted. All prehearing orders and non-final decisions and recommen- dations of the Hearing Examiner are subject to reconsideration and cor- rection. xi. Consolidation of Appeal Hearing with Permit Hearing: When an appeal hearing is consoli- dated with a permit hearing, the Hearing Examiner may segregate testimony in the hearing into appeal and permit testimony. The format for each of the segregated portions of the testimony may individually follow the formats applicable to permit and appeal hearings, as required below. f. Features Common to All Hearings: i. Recording: Hearings shall be electronically recorded and the re- cordings shall be made a part of the record. Copies of the electronic re- cordings shall be made available on request upon payment of the costs of reproduction. ii. Evidence: Technical rules of ev- idence will not be applied. The key requirements for evidence will be rel- evance and reliability. Relevant and reliable evidence will be admitted if it possesses probative value com- monly accepted by reasonable per- sons in the conduct of their affairs. The Hearing Examiner may take judi- cial notice of facts generally known or capable of accurate and ready deter- mination by resort to sources whose accuracy cannot reasonably be questioned. Personal attacks shall not be tolerated, unless it is demon- strated that there is no other manner in which relevant evidence can be presented. iii. Exhibits: Documents, photo- graphs and physical evidence will be admitted as exhibits as determined by the Hearing Examiner and each will be assigned an exhibit number. iv. Staff Report or Analysis: Any staff report or staff analysis produced will be admitted as an exhibit in the hearing. v. Testimony – How Presented: Testimony may be presented orally, in writing, or both. Persons giving ex- pert testimony shall be subject to questioning by both parties of record and by the Hearing Examiner. When testimony is presented only in writ- ing, the Hearing Examiner has dis- cretion to leave the record open for written responses by any party of re- cord. The Hearing Examiner is granted discretion to allow or disal- low testimony by telephone or other means that can be heard or reviewed by all parties of record. vi. Limits on Testimony: The Hearing Examiner may impose rea- sonable limitations on the nature and length of testimony. In so doing, the Hearing Examiner shall give consid- eration to: (a) The expeditious completion of the hearing. (b) The need to provide all par- ties of record a fair opportunity to present their cases. (c) Accommodating the desires of members of the public to be heard, when public testimony is taken. At the Hearing Examiner’s discre- tion, irrelevant or unduly repetitious testimony may be excluded. If all tes- timony cannot be presented in the time available, the hearing will be continued. vii. Burden of Proof: For an appli- cation to be approved, a preponder- ance of the evidence presented at 4-8-100G 8 - 21 (Revised 5/18) the hearing must support the conclu- sion that the application meets the le- gal decision criteria that apply, and the applicant shall have the burden of proof. The City shall have the burden of proof in a code enforcement hear- ing. For an administrative decision to be reversed or modified, the appel- lant has the burden by a preponder- ance of the evidence to show that the legal decision criteria are not met by the proposal as approved. In appeals of procedural matters under the State Environmental Policy Act (SEPA), the determinations of the re- sponsible official shall be entitled to substantial weight. viii. Expert Testimony: Affidavits, declarations or letters containing ex- pert opinion will generally be admit- ted without the presence of the expert absent objection from the par- ties of record. Objections must be made at the time the written expert testimony is made known to the ob- jecting party. Upon the submittal of a timely objection, the Hearing Exam- iner may continue the hearing to re- quire the expert to appear and be available for cross-examination. ix. Filing of Papers: All written submissions made in advance of hearing shall be filed with the Depart- ment, marked for the attention of the Hearing Examiner. x. Closure and/or Continuation of Hearing: At the close of the testi- mony, the Hearing Examiner may close; continue to a date and time certain; continue to a tentatively scheduled date and follow with no- tice of date and time certain to all at- tending parties; or close the public hearing pending the submission of additional information on or before a date certain. The Hearing Examiner may reopen proceedings, as allowed by law, for good cause any time prior to the issuance of the decision or rec- ommendation. xi. Application Dismissal: Until a final action on the application is taken, the Hearing Examiner may dismiss the application for failure to diligently pursue the application after notice is given to all parties of record. g. Format of Permit Hearings: i. The public hearing will be infor- mal in nature, but organized, so that testimony and evidence can be pre- sented efficiently. The hearing shall include at least the following ele- ments: (a) An introductory outline of the procedure by the Hearing Ex- aminer. (b) Testimony by the City staff which shall summarize the writ- ten staff report and provide any additional exhibits or other infor- mation the staff believes should be brought to the Hearing Exam- iner’s attention. The staff presen- tation shall include a recommen- dation for approval, approval with conditions, or denial. (c) Testimony by the applicant and the applicant’s witnesses. (d) Testimony from others wishing to be heard. (e) Rebuttal testimony and closing argument from staff. (f) Rebuttal testimony and clos- ing argument from the applicant. (g) Any participant in the hear- ing may present his or her testi- mony through witnesses; provided, that such witnesses, including expert witnesses, must be personally present to so tes- tify unless permission has been granted in advance by the Hear- ing Examiner to present such testimony by telephone. ii. Testimony for Organizations: Whenever the views of any formal or informal organization are to be pre- sented, the organization shall desig- 4-8-100H (Revised 5/18)8 - 22 nate a representative with authority to coordinate the presentation and to speak for the group. Any communi- cations with the organization by the Hearing Examiner or by any party of record during the course of proceed- ings shall be through the designated representative. iii. Requiring Further Informa- tion: When the Hearing Examiner concludes that further information is necessary to reach a decision, the record may be kept open to allow time for such information to be sup- plied. When appropriate, an opportu- nity to reply to such information shall be provided to the parties of record specified by the Hearing Examiner, either in writing or through further hearings. iv. Content of the Record: The re- cord of a permit hearing shall include at least the following: (a) The application. (b) The staff report, when one has been prepared. (c) All documentary or physical evidence received and consid- ered, including all exhibits filed. (d) Electronic recordings of the proceedings and/or an accurate written transcription thereof. (Ord. 5675, 12-3-2012) H. HEARING EXAMINER’S DECISION: The following shall apply to permit applications for which the Hearing Examiner is charged with issu- ing a final decision: 1. Form and Substance of Hearing Ex- aminer’s Decision/Recommendation: The Hearing Examiner’s decision or recommen- dation shall be in writing and shall contain findings of fact and conclusions of law sup- porting the result reached. Any conditions in- cluded as part of an approval shall be set forth. The Hearing Examiner’s decision and/ or recommendation shall contain a statement advising parties of their appeal rights. 2. Standard Decision Time: Unless the time is extended pursuant to this Section, within fourteen (14) business days after the record closes, or of the date set for submis- sion of additional information pursuant to this Chapter, the Hearing Examiner shall render a written decision, including findings and con- clusions. 3. Decision Time Extension: In extraordi- nary cases, the time for filing of the recom- mendation or decision of the Hearing Examiner may be extended for not more than thirty (30) calendar days after the conclusion of the hearing if the Hearing Examiner finds that the amount and nature of the evidence to be considered, or receipt of additional infor- mation which cannot be made available within the normal decision period, requires the extension. Notice of the extension, stating the reasons therefor, shall be forwarded to all parties of record in the manner set forth in this Section for notification of the Hearing Exam- iner’s decision. 4. Conditions and Decision Options and Criteria: The Hearing Examiner may ap- prove or deny or provide a recommendation to the City Council regarding the application or appeal before him or her. In any decision or recommendation which allows a project, the Hearing Examiner may impose reasonable conditions supported by the record. Public testimony is encouraged in all permit hear- ings but the Hearing Examiner is concerned not with the popularity of the proposal, but with whether it conforms to criteria for ap- proval under the applicable code provisions. The Hearing Examiner decides matters on the merits, based on the preponderance of the evidence. 5. Decision Final: The decisions and/or recommendations of the Hearing Examiner are final unless appealed or a reconsider- ation is requested and granted. Failure of the Hearing Examiner to follow these rules shall not serve as a basis for invalidation of the de- cision, but the Hearing Examiner is expected to apply these rules to the best of his or her ability. 6. Who Receives Copies of Decision/ Recommendation: The Department will maintain a copy of the Hearing Examiner’s decision or recommendation, available for 4-8-100K 8 - 23 (Revised 5/18) public inspection, in the official file of each ap- plication or appeal. The parties of record will receive a copy or notice of the Hearing Exam- iner’s decision or recommendation. The per- son mailing the decision shall prepare an affidavit of mailing, in standard form, and the affidavit shall become a part of the record of the proceedings. In the case of applications requiring City Council approval, the Hearing Examiner shall file the decision with the City Council members individually or the City Council Liaison at the expiration of the appeal period for the decision. Any other person may receive a copy upon request upon payment of the costs of reproduction and postage as al- lowed by the Public Records Act, chapter 42.56 RCW, as it exists or may be amended. 7. Correction of Hearing Examiner’s De- cision/Recommendation: Technical de- fects in the Hearing Examiner’s decision or recommendation may be corrected any time prior to the end of the appeal period, but no such correction shall operate to lengthen the appeal period. 8. Termination of Jurisdiction: The juris- diction of the Hearing Examiner terminates upon the end of the appeal period for a deci- sion or recommendation. I. RECONSIDERATIONS: 1. When a reconsideration request has been submitted to the City Clerk before the appeal period has expired, the matter and ap- peal period shall be held in abeyance pend- ing the outcome of the request for reconsideration. When a request for recon- sideration is filed with the City Clerk, the City Clerk shall notify all parties of record to the decision. Notice shall be sent within five (5) calendar days via U.S. Postal mail by the City Clerk, or on the date the request is received if electronic transmittal (email) had been previ- ously approved or agreed to by the parties. A fourteen (14) calendar day appeal period shall commence upon the issuance of a re- consideration that reverses the original deci- sion. 2. In order to request reconsideration, the person must have been made a party of re- cord to the decision. 3. A party of record to a decision who as- serts the decision was based on erroneous procedure, error of law or fact, or error in judgment may make a written request for re- consideration by the decision maker (e.g., Administrator, Hearing Examiner, City Coun- cil). Any such request for reconsideration must be made within fourteen (14) calendar days after the written decision has been ren- dered. The request shall set forth the specific errors and any arguments for reconsider- ation, limited to the evidence in the adminis- trative record unless authorized by chapter 36.70B RCW, relied upon by such appellant, and the decision maker may, after review of the record, take further action as deemed proper by said decision maker. The decision maker may request further information from the applicant, which shall be provided within ten (10) calendar days of the request. 4. The written decision on the request for reconsideration shall be transmitted to all parties of record within ten (10) business days of receipt of the request for reconsider- ation or receipt of the additional information requested, whichever is later. 5. Each party of record to a decision shall be limited to one request for reconsideration. J. APPEALS: See RMC 4-8-110. (Ord. 5675, 12-3-2012) K. EXPIRATION OF DECISION: The City declares that circumstances surrounding land use decisions change rapidly over a period of time. In order to assure the compatibility of a decision with current needs and concerns, any such decision must be limited in duration, unless the action or improvements authorized by the de- cision is implemented promptly. Any application or permit approved pursuant to this Chapter, with the exception of Type IV, V, and VI permits, shall be implemented within two (2) years of such ap- proval unless other time limits are prescribed elsewhere in the Renton Municipal Code or state law. Any application or permit which is not so im- plemented shall terminate at the conclusion of that period of time and become null and void. The Hearing Examiner may grant one extension of time for a maximum of one year for good cause shown. The burden of justification shall rest with the applicant. 4-8-100L (Revised 5/18)8 - 24 L. EXPIRATION OF LARGE SCALE OR PHASED PROJECTS: For large scale or phased development projects, the Hearing Examiner may at the time of approval or recommendation set forth time limits for expira- tion which exceed those prescribed in this Sec- tion for such extended time limits as are justified by the record of the action. M. COUNCIL ACTION: 1. Council Action Requires Minutes and Findings of Fact: Any application requiring action by the City Council shall be evidenced by minute entry unless otherwise required by law. When taking any such final action, the Council shall make and enter findings of fact from the record and conclusions therefrom which support its action. 2. Adoption of Hearing Examiner’s Find- ings and Conclusions Presumed: Unless otherwise specified, the City Council shall be presumed to have adopted the Hearing Ex- aminer’s findings and conclusions. 3. Applications to Be Placed on Council Agenda: Except for rezones, all applications requiring Council action shall be placed on the Council’s agenda for consideration. (Ord. 3454, 7-28-1980; Ord. 5853, 8-7-17) 4-8-110 APPEALS: A. SCOPE AND PURPOSE: This Section provides the basic procedures for processing appeals to the Hearing Examiner and City Council of land use and development-related decisions. Specific requirements are based upon the type/level of appeal and the appeal authority. (Ord. 5154, 9-26-2005; Ord. 5157, 9-26-2005; Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012) B. REVIEW AUTHORITY: RMC 4-8-080G, Land Use Permit Procedures, lists the development permits reviewed by the City and the review authority responsible for open record appeals, closed record appeals and judi- cial appeals. RMC 4-9-070R, Environmental Re- view Procedures, Appeals, lists additional actions subject to appeal to the Hearing Examiner. (Ord. 4587, 3-18-1996; Amd. Ord. 4660, 3-17-1997; Ord. 4963, 5-13-2002) C. GENERAL INFORMATION APPLICABLE TO APPEALS: The following applies to appeals to the Hearing Examiner and City Council unless otherwise pro- vided elsewhere in the RMC or by state law: 1. Standing: Only the applicant, City or a person who has been made a party of record prior to the issuance of a decision may appeal the decision. In order to appeal, the person shall be aggrieved or affected by the decision pursuant to RCW 36.70C.060. 2. Time to File: Except for final EIS deci- sions, all appeal periods shall be fourteen (14) calendar days, which shall begin either three (3) calendar days after the date of mail- ing of the decision to the parties of record via U.S. Postal mail by the City Clerk, or the date the decision is electronically transmitted, posted or emailed to the appellant and parties of record by the City Clerk, if such electronic transmittal method has been previously ap- proved or agreed to by the parties. The ap- peal period for a final EIS shall be twenty (20) calendar days from the publication of the final decision. (Ord. 5676, 12-3-2012) 3. Required Form for and Content of Ap- peals: Any appeal shall be filed in writing with the City Clerk. The written notice of appeal shall fully, clearly and thoroughly specify the substantial error(s) in fact or law which exist in the record of the proceedings from which the appellant seeks relief. If the appeal is un- clear and does not sufficiently explain the ba- sis for the appeal, an order requiring the appellant amend the appeal within ten (10) calendar days of the date of the order may be issued. If the appeal is not satisfactorily amended within the time allowed, it shall be dismissed. (Ord. 4353, 6-1-1992) 4. Filing of Appeal and Fee: The notice of appeal shall be accompanied by a fee in ac- cordance with the City of Renton fee sched- ule. (Ord. 3658, 9-13-1982; Ord. 5660, 5-14- 2012; Ord. 5688, 5-13-2013) 5. Facsimile Filings: Whenever any appli- cation or filing is required under this Chapter, it may be made by facsimile. Any facsimile fil- ing received at the City after five o’clock (5:00) p.m. on any business day will be deemed to have been received on the following business day. Any facsimile filing received after five 4-8-110E 8 - 25 (Revised 5/18) o’clock (5:00) p.m. on the last date for filing will be considered an untimely filing. Any party desiring to make a facsimile filing after four o’clock (4:00) p.m. on the last day for the filing must call the City Clerk’s office and indicate that the filing is being made by facsimile and the number to which the facsimile copy is be- ing sent. The filing party must ensure that the facsimile filing is transmitted in adequate time so that it will be completely received by the City before five o’clock (5:00) p.m. in all in- stances in which filing fees are to accompany the filing of an application, those filing fees must be received by the City before the end of the business day on the last day of the filing period or the filing will be considered incom- plete and will be rejected. (Ord. 4353, 6-1-1992) 6. Motions: The Hearing Examiner may dismiss an appeal to the Hearing Examiner, without hearing, when it is determined by the Hearing Examiner to be untimely, without merit on its face, incomplete, or frivolous. Any application to the Hearing Examiner for an or- der shall be by motion which, unless made during a hearing, shall be in writing, stating the reasons for the request and setting forth the relief or order sought. Written motions shall be received at least five (5) business days in advance of the hearing. 7. Parties: The parties in appeal hearings shall be the City, the applicant, and the appel- lant(s), if different from the applicant or the City. No other persons shall be allowed to tes- tify unless serving as an expert witness for one of the parties. 8. Notice of Appeal Filed and Public Hearing: If an appeal is filed with the City Clerk, the City Clerk shall notify all parties of record to the decision subject to the appeal. Notice shall be sent within five (5) calendar days via U.S. Postal mail by the City Clerk, or on the date the application of appeal is re- ceived if electronic transmittal (email) had been previously approved or agreed to by the parties, and at least ten (10) days prior to the public hearing. A hearing for the appeal shall be set within twenty one (21) days after ac- ceptance of a complete application for ap- peal. 9. Restrictions on Subsequent Actions: Any later request to interpret, explain, modify, or retract the decision shall not be deemed to be a new administrative determination creat- ing a new appeal period for any new third party to the permit. (Ord. 4168, 8-8-1988) 10. Limit on Number of Appeals: Pursu- ant to RCW 36.70B.050 and 43.21C.075, the City has consolidated the permit process to allow for only one open record appeal of all permit decisions associated with a single de- velopment application. There shall be no more than one appeal on a procedural determination or environmental determination such as the adequacy of a de- termination of significance, nonsignificance, or of a final environmental impact statement. Any appeal of the action of the Hearing Ex- aminer in the case of appeals from environ- mental determinations shall be joined with an appeal of the substantive determination. (Ord. 3891, 2-25-1985; Ord. 4587, 3-18-1996; Ord. 4660, 3-17-1997; Ord. 5608, 6-6-2011) 11. Exhaustion of Administrative Reme- dies: No person may seek judicial review of any decision of the City unless that person first exhausts the administrative remedies provided by the City. D. (Repealed by Ord. 5853, 8-7-17) E. APPEALS TO HEARING EXAMINER: 1. Format of the Appeal Hearing: The ap- peal hearing will be of an informal nature, but organized so that testimony and other evi- dence can be presented efficiently. An appeal hearing shall include at least the following: a. An introductory outline of the proce- dure by the Hearing Examiner. b. Presentation by the appellant, includ- ing any witnesses. c. Cross-examination, if any, of appel- lant and appellant’s witnesses. d. Presentation by City staff, summariz- ing the staff analysis and including any witnesses for the City. 4-8-110E (Revised 5/18)8 - 26 e. Cross-examination, if any, of City staff and staff’s witnesses. f. Presentation by the project applicant, if different from appellant, including any witnesses. g. Cross-examination of any of the proj- ect applicant and applicant’s witnesses. h. Rebuttal testimony and closing by City staff. i. Rebuttal testimony and closing by ap- plicant, if different from appellant. j. Rebuttal testimony and closing by ap- pellant. 2. Prehearing Conference: The Hearing Examiner may schedule and hold a prehear- ing conference when it appears that the or- derly and efficient conduct of the hearing will be served, or that settlement of the appeal through such a conference is likely. A pre- hearing conference may, among other things, consider: a. Simplification of the issues. b. The existence of undisputed facts to which the parties are willing to stipulate. c. The identification of witnesses and documentary or other evidence to be pre- sented at hearing. d. Any reasonable needs any party may have for discovering the details of the case the other party intends to present. e. The imposition of reasonable time limits. Based upon the discussions and agreements at such a conference, the Hearing Examiner may enter a prehearing order, which shall govern subsequent proceedings. If the case is settled at such a conference, the Hearing Examiner shall enter an order reciting the terms of the settlement and dismissing the appeal. 3. Content of the Record: The record of an appeal hearing conducted by the Hearing Ex- aminer shall include at least the following: a. The notice of appeal and any amend- ments. b. The staff analysis responding to the appeal and all accompanying docu- ments, including the papers that com- prise the record of the decision subject to appeal. c. Additional documentary or physical evidence received and considered, in- cluding all exhibits filed. d. The Hearing Examiner's decision. e. Electronic recordings of the proceed- ings and/or an accurate written transcrip- tion thereof. 4. Hearing Examiner Decision: a. Substantial Weight: The procedural determination by the Environmental Re- view Committee or City staff shall carry substantial weight in any appeal pro- ceeding. The Hearing Examiner shall give substantial weight to any discretion- ary decision of the City rendered pursu- ant to this Chapter/Title. b. Hearing Examiner Decision Op- tions and Decision Criteria: The Hear- ing Examiner may affirm the decision or remand the case for further proceedings, or it may reverse the decision if the sub- stantial rights of the applicant may have been prejudiced because the decision is: i. In violation of constitutional provi- sions; or ii. In excess of the authority or juris- diction of the agency; or iii. Made upon unlawful procedure; or iv. Affected by other error of law; or v. Clearly erroneous in view of the entire record as submitted; or vi. Arbitrary or capricious. c. Time for Hearing Examiner’s Deci- sion: Each final decision of a Hearing 4-8-110F 8 - 27 (Revised 5/18) Examiner, unless a longer period is mutu- ally agreed to in writing by the applicant and the Hearing Examiner, shall be ren- dered within ten (10) business days fol- lowing conclusion of all testimony and hearings. d. Collateral Estoppel (Issue Preclu- sion): The Hearing Examiner may deny a party’s request to relitigate one or more issues or determinative facts decided or ruled upon in a previous litigation if the party against whom the collateral estop- pel doctrine is to be applied had a full and fair opportunity to litigate the issue in the prior proceeding. The party requesting application of the collateral estoppel doc- trine must establish by a preponderance of the evidence that (1) the issue decided in the earlier proceeding was identical to the issue presented in the later proceed- ing; (2) the earlier proceeding ended in a judgment on the merits; (3) the party against whom collateral estoppel is as- serted was a party to, or in privity with a party to, the earlier proceeding; and (4) application of collateral estoppel does not work an injustice on the party against whom it is applied. The Hearing Exam- iner may apply collateral estoppel, sua sponte. e. Res Judicata (Claim Preclusion): The Hearing Examiner may apply a prior ruling or summarily decide an action or appeal if the current, pending or pro- posed action or appeal is substantially identical to a prior action or appeal in four (4) respects: (1) the same persons and parties or a person or party in privity with the prior person or party; (2) causes of action that substantially involve the same rights or interest, the same evidence, an infringement of substantially the same rights or interests, or the two (2) actions or appeals arise out of substantially the same facts; (3) subject matter is identical or substantially the same; and (4) at least one or more of the parties are bound by the prior judgment or ruling. The party re- questing application of the res judicata doctrine does not have to prove each fac- tor, but must prove by a preponderance of the evidence that application of res ju- dicata is appropriate. The Hearing Exam- iner may apply res judicata, sua sponte. f. Full and Fair Opportunity: Failure to seek or obtain evidence or information that existed at the time of the prior pro- ceeding does not establish that a party did not have a full or fair opportunity to lit- igate an issue or change the subject mat- ter of an action or appeal. (Ord. 3454, 7-28-1980; Ord. 3891, 2-25-1985; Ord. 3992, 5-19-1986; Ord. 4168, 8-8-1988; Ord. 4346, 3-9-1992; Ord. 4351, 5-4-1992; Ord. 4401, 5-3-1993; Ord. 4521, 6-5-1995; Ord. 4551, 9-18-1995; Amd. Ord. 4827, 1-24-2000; Ord. 4899, 3-19-2001; Ord. 5153, 9-26-2005; Ord. 5558, 10-25-2010; Ord. 5675, 12-3-2012; Ord. 5706, 3-24-2014) F. APPEALS TO CITY COUNCIL: 1. Standing and Parties to the Appeal: See subsection C of this Section. 2. Time to File: See subsection C of this Section. 3. Notice of Appeal: See subsection C of this Section. 4. Council Review Procedures: No public hearing shall be held by the City Council. No new or additional evidence or testimony shall be accepted by the City Council. The cost of transcription of the hearing record shall be borne by the applicant. If a transcript is made, the applicant is required to provide a copy to the City Clerk and the Renton City Attorney at no cost. It shall be presumed that the record before the City Council is identical to the hearing record before the Hearing Examiner. (Ord. 5675, 12-3-2012) 5. Burden: The burden of proof shall rest with the appellant. 6. Council Evaluation Criteria: The con- sideration by the City Council shall be based solely upon the record, the Hearing Exam- iner’s report, the notice of appeal and addi- tional arguments based on the record by parties. 7. Findings and Conclusions Required: If, upon appeal of a decision of the Hearing Examiner and after examination of the record, the Council determines that a substantial er- ror in fact or law exists in the record, it may 4-8-110G (Revised 5/18)8 - 28 modify or reverse the decision of the Hearing Examiner accordingly. (Ord. 5675, 12-3-2012) 8. Decision Documentation: The decision of the City Council shall be in writing and shall specify any modified or amended findings and conclusions other than those set forth in the report of the Hearing Examiner. Each material finding shall be supported by substantial evi- dence in the record. 9. Council Action Final: The action of the Council approving, modifying or rejecting a decision of the Hearing Examiner shall be fi- nal and conclusive, unless timely appealed. (Ord. 3658, 9-13-1982; Ord. 4389, 1-25-1993; Ord. 4660, 3-17-1997; Ord. 5558, 10-25-2010; Ord. 5853, 8-7-17) G. RESERVED H. (Repealed by Ord. 5853, 8-7-17) I. (Repealed by Ord. 5853, 8-7-17) J. (Repealed by Ord. 5853, 8-7-17) 4-8-120A 8 - 29 (Revised 3/13) 4-8-120 SUBMITTAL REQUIREMENTS – SPECIFIC TO APPLICATION TYPE: The following tables list the submittal require- ments for each type of permit application or land use approval which must accompany the required application fees specified in RMC 4-1-140 through 4-1-200. A. Table 4-8-120A – Public Works Permit Submittal Requirements. B. Table 4-8-120B – Building Section Per- mit Submittal Requirements. C. Table 4-8-120C – Land Use Permit Sub- mittal Requirements. (Ord. 4587, 3-18-1996; Amd. Ord. 4851, 8-7-2000; Ord. 5137, 4-25-2005; Ord. 5304, 9-17-2007; Ord. 5528, 3-8-2010; Ord. 5675, 12-3-2012) TABLE 4-8-120A PUBLIC WORKS APPLICATIONS SUBMITTAL REQUIREMENTS TYPE OF APPLICATION/PERMITUtility Construction Permit (Sewer and/orWater)StormwaterConstruction PermitRoadway ConstructionPermitCombined Permit (includes Plats)APA Operating PermitAPA Closure PermitBiological Assessment/Critical Area Study 5(d)5(d)5(d)5(d) Closure Permit Application Form 1(b) Construction Permit Application Form 1 1 1 2 Construction Mitigation Description 3 3 3 4 Drainage Plans 3 3 3 Drainage Report 2 2 2 Erosion Control Plan (Temporary)3 3 3 3 Geotechnical Report 3 2 1 2 Grading Plans 3 3 4 Hazardous Materials Management Statement 1(b) 1(b) 1(b) 1(b) Landscape Plan, Detailed 3 3 3 3 Neighborhood Detail Map 3 3 3 3 Operating Permit Application 1 Roadway Construction Plans 3 3 Source Statement, Fill Material 1(b)1(b)1(b)1(b) Stream or Lake Study 1(c) 1(c) 1(c) 1(c) Street Lighting Plans 3 3 Topography Map 3 3 3 4 Tree Retention/Inventory/Land Clearing Plan – Approved 3 3 3 3 Utilities Plans – Engineered 3 3 3 4 Wetlands Assessment 1(a)1(a)1(a)1(a) Table 4-8-120A Legend: The number of copies required (if any) is indicated for each type of ap- plication and each submittal requirement, unless waived by the Develop- ment Services Division Plan Review Supervisor. Waiver of aquifer permit submittal requirements may be granted by the Water Utility. (a) Required when wetlands are present on-site. (b) Required when project is located in Zones 1 or 2 of an aquifer protection area. (c) A standard stream or lake study is required for any application proposal. A supplemental study is required if an unclassified stream is involved, or if there are proposed alterations of the water body or buffer. (d) Only required when project is located in designated floodplain. 4-8-120B (Revised 3/13)8 - 30B.TABLE 4-8-120BBUILDING APPLICATIONSSUBMITTAL REQUIREMENTSTYPE OFAPPLICATION/PERMITDemolitionGrading/FillManufactured Home inManufactured Home ParkManufactured Home Outsideof Manufactured Home ParkMulti-Family/Commercial/Industrial New or AdditionsCommercial/Industrial Interior RemodelPool/SpaSignSingle Family/Duplex Newor AdditionsSingle Family/Multi-FamilyInterior RemodelApplicant Agreement Statement (for wireless communications facilities only)3Application Form, Building Division1211211111Application Form, Construction Permit 2 2Architectural Elevations52(q)Architectural Plans, Commercial/Industrial/Attached Dwellings 3+ Units 4 3(n)Architectural Plans, Detached and 2 Attached Dwellings22Biological Assessment/Critical Areas Study 5(s)5(s)5(s)5(s)5(s) 5(s) 5(s)Blocking/Anchoring/Skirting Details2Construction Mitigation Description 1 2Drainage Plans252(h)Drainage Report2Electrical Plans221(g)Energy Code Checklist, Nonresidential 1(m) 1Energy Code Checklist, Residential1(k)11(a)Foundation Plans24 22Geotechnical Report2(b)42(b)Grading Plan 5 5Grading Work Description42Hazardous Materials Management Statement 2(o) 2(o) 2(o) 2(o) 2(o) 2(o) 2(o)The number of copies (if any) is indicated in each column unless waived by the Development Services Division. 4-8-120B 8 - 31 (Revised 3/13)Heat Loss Calculation1(c) 1(c)Installer Certification1Inventory of Existing Sites (for wireless communications facilities only) 3Irrigation Sprinkler Plans3King County Health Department-Approved Plans 1(f) 1(f) 1(g)Land Use Permit Conditions, Approved (if any)2221Landscape Plan, Detailed44(r)Lease Agreement, Draft (for wireless communications facilities only)3Manufacturer’s Plans2Mechanical Plans32Plumbing Plans2(m) 2Project Information Sheet (includes legal description)22253(n)222Receipt for Construction (Utility) Permit Application 2 1(h)Roadway Construction Plan2Screening Detail, Refuse/Recycling3Service Area Map (for wireless communications facilities only)3Side Sewer Capping Permit, Finaled 1Sign Plan3Site Plan, Commercial, Industrial, Multi-Family 5 1Site Plan, Sign2Site Plan, Single Family/Duplex 2 2 2(d) 2TABLE 4-8-120BBUILDING APPLICATIONSSUBMITTAL REQUIREMENTSTYPE OFAPPLICATION/PERMITDemolitionGrading/FillManufactured Home inManufactured Home ParkManufactured Home Outsideof Manufactured Home ParkMulti-Family/Commercial/Industrial New or AdditionsCommercial/Industrial Interior RemodelPool/SpaSignSingle Family/Duplex Newor AdditionsSingle Family/Multi-FamilyInterior RemodelThe number of copies (if any) is indicated in each column unless waived by the Development Services Division. 4-8-120B (Revised 3/13)8 - 32Source Statement, Fill Material, Aquifer Protection Areas 2(p) 2(p) 2(p) 2(p) 2(p) 2(p) 2(p)Structural Calculations232(e)2(g)22(i)Structural Plans2 3 2(e) 2(g) 2 2(j)Topography Map (may be combined with site plan or grading plan)22242Tree Retention/Land Clearing Plan, Approved 2 3 2(d)Utilities Construction Plans61Water/Sewer Availability Letter1(j)(k) 1(j) 1(a)(j)Water Service Disconnect Request (final)1WSEC Trade-Off Form1(l)Table 4-8-120B Legend:a. Required for any alteration of exterior of (heated) building envelope.b. When required for foundations or retaining walls by the IBC.c. Required for installation of a new furnace or a replacement of greater size.d. Not required for pools/spas/hot tubs to be installed within an existing building.e. Required for structural changes only.f. Required for food service establishments only.g. Required only for public pools/spas/hot tubs (not required for single family or duplex pools/spas/hot tubs).h. Required for duplexes only.i. Required for other than conventional construction.j. Required only if trade-off option is being used for compliance.k. For multi-family, one per building.l. Not required for additions.TABLE 4-8-120BBUILDING APPLICATIONSSUBMITTAL REQUIREMENTSTYPE OFAPPLICATION/PERMITDemolitionGrading/FillManufactured Home inManufactured Home ParkManufactured Home Outsideof Manufactured Home ParkMulti-Family/Commercial/Industrial New or AdditionsCommercial/Industrial Interior RemodelPool/SpaSignSingle Family/Duplex Newor AdditionsSingle Family/Multi-FamilyInterior RemodelThe number of copies (if any) is indicated in each column unless waived by the Development Services Division. 4-8-120B 8 - 33 (Revised 5/18)m. Not required for multi-family projects.n. For restaurants and any construction project involving work in the right-of-way, four (4) copies are required.o. Required only when project is located in an Aquifer Protection Area and (1) construction vehicles will be refueled on site and/or (2) the quantity of hazardous materials that will be stored, dispensed, used, and handled on the construction site, exclusive of the quantity of hazardous materials contained in fuel or fluid reservoirs of construction vehicles, will exceed twenty (20) gallons. Weight of solid hazardous materials will be converted to volumes for purposes of determining whether de minimis amount is exceeded. Ten (10) pounds shall be considered equal to one gallon.p. Required only when project is located in an Aquifer Protection Area.q. For accessory dwelling units (detached) architectural elevations of the primary dwelling unit are also required.r. For non-exempted projects: Trees only required for those properties where street trees in the right-of-way have not been planted, except for the RC and R-1 zones, where two trees shall be planted in the front yard. s. Only required when project is located in designated floodplain.(Ord. 4587, 3-18-1996; Amd. Ord. 4773, 3-22-1999; Ord. 4835, 3-27-2000; Ord. 4851, 8-7-2000; Ord. 4992, 12-9-2002; Ord. 5100, 11-1-2004; Ord. 5304, 9-17-2007; Ord. 5450, 3-2-2009; Ord. 5473, 7-13-2009; Ord. 5520, 12-14-2009; Ord. 5528, 3-8-2010; Ord. 5675, 12-3-2012)TABLE 4-8-120BBUILDING APPLICATIONSSUBMITTAL REQUIREMENTSTYPE OFAPPLICATION/PERMITDemolitionGrading/FillManufactured Home inManufactured Home ParkManufactured Home Outsideof Manufactured Home ParkMulti-Family/Commercial/Industrial New or AdditionsCommercial/Industrial Interior RemodelPool/SpaSignSingle Family/Duplex Newor AdditionsSingle Family/Multi-FamilyInterior RemodelThe number of copies (if any) is indicated in each column unless waived by the Development Services Division. 4-8-120C (Revised 5/18)8 - 34C.TABLE 4-8-120CLAND USE APPLICATIONSSUBMITTAL REQUIREMENTSTYPE OF APPLICATION/PERMITAdditional Animals PermitAnnexation (10% Notice of Intent)Annexation (60% Petition)AppealBusiness License for Home Occupation1Comp. Plan Map Amendment/RezoneComp. Plan Map Text AmendmentConditional Use Permit (Administrative)Conditional Use Permit (Hearing Examiner)Critical Area PermitEnvironmental ReviewEnvironmental Review (Nonproject)Grade and Fill Permit (Special)Lot Line AdjustmentMaster Site Plan (Overall)Master Site Plan (Individual Phases)Mobile Home Park, Preliminary Mobile Home Park, FinalModification/Alternate RequestPlat, FinalPlat, Preliminary/Binding Site PlanPUD, PreliminaryPUD, FinalRezoneRoutine Vegetation Management PermitShoreline ExemptionShoreline Substantial Development PermitShoreline Conditional Use PermitShoreline VarianceShort Plat, PreliminaryShort Plat, Final/Binding Site PlanSite Plan ReviewSmall Cell PermitSpecial PermitTemporary Use Permit9VarianceWaiver10% Notice of Intent to Annex 1360% Petition to Annex13Additional Animals Application Form 5Affidavit and Photograph of Installation of Public Information Sign2222222222222222Affidavit and Photograph of Installation of Public Outreach Sign22 211Applicant Agreement Statement (for wireless communication facilities)51055Applicant’s Confirmation of Condition Compliance55 5 5Application Fee per the City of Renton Fee Schedule BrochurexxxxxxxxxxxxxxxxxxxxxxxxxxxxxxAssessment Information 1 1Authorization for Abatement5Binding Site Plan MapBiological Assessment/Critical Areas Study when project located in a designated floodplain555555555555555555555Business License Application for Home Occupation 1Calculations, Survey3333Colored Display Maps 1 1 1 1 1 1 1 1 1 1 1 1 15111Number of required copies (if any) is indicated in each column unless waived by the Development Services Division. 4-8-120C 8 - 35 (Revised 5/18)Concealment Element Plan12Construction Mitigation Description 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5Draft Deed for Any Proposed Dedication of Land for Public Purposes4444Draft Homeowners’ Association Documents, if applicable 4 4 4 4 4 4 4Draft Restrictive Covenants, if any4444444444Drainage Control Plan 5 5 5 5 5 4 5 5 5 5 5 5 5 5Drainage Report44444344444444Elevations, Architectural 12 12 12 12 12 12 12 12 12 12 12 5 10Elevations, Grading44444444444444Environmental Checklist 13 2 9 12 1212121212 12 12 1212 12 12121212 12 12Existing Covenants (recorded copy)2555555555555555555Existing Easements (recorded copy) 2 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5Final Plat Plan5Flood Hazard Data, if applicable 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 121212Floor Plans55555555555555Geotechnical Report 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5Grading Plan, Conceptual1231231212121212121212121212Grading Plan, Detailed 12 12Habitat Data Report121212121212121212121212121212121212Hazardous Materials Management Statement4TABLE 4-8-120CLAND USE APPLICATIONSSUBMITTAL REQUIREMENTSTYPE OF APPLICATION/PERMITAdditional Animals PermitAnnexation (10% Notice of Intent)Annexation (60% Petition)AppealBusiness License for Home Occupation1Comp. Plan Map Amendment/RezoneComp. Plan Map Text AmendmentConditional Use Permit (Administrative)Conditional Use Permit (Hearing Examiner)Critical Area PermitEnvironmental ReviewEnvironmental Review (Nonproject)Grade and Fill Permit (Special)Lot Line AdjustmentMaster Site Plan (Overall)Master Site Plan (Individual Phases)Mobile Home Park, Preliminary Mobile Home Park, FinalModification/Alternate RequestPlat, FinalPlat, Preliminary/Binding Site PlanPUD, PreliminaryPUD, FinalRezoneRoutine Vegetation Management PermitShoreline ExemptionShoreline Substantial Development PermitShoreline Conditional Use PermitShoreline VarianceShort Plat, PreliminaryShort Plat, Final/Binding Site PlanSite Plan ReviewSmall Cell PermitSpecial PermitTemporary Use Permit9VarianceWaiverNumber of required copies (if any) is indicated in each column unless waived by the Development Services Division. 4-8-120C (Revised 5/18)8 - 36Inventory of Existing Sites (for wireless communication facilities)5455Justification for the Comprehensive Plan Amendment and, if applicable, Rezone 9 9Justification for the Conditional Approval Permit (nonconforming structure)Justification for the Conditional Approval Permit (nonconforming use)Justification for Conditional Permit Request1212Justification for the Rebuild Approval Permit (nonconforming structure)Justification for the Rebuild Approval Permit (nonconforming use)Justification for Rezone12Justification for Tier III Temporary Use Permit5Justification for Variance Request10King County Assessor’s Map Indicating Site1King County Health Department Approval (for food related uses only)2Landscape Plan, Conceptual55555555555Landscape Plan, Detailed 5 5 5 5 5 5Lease Agreement, Draft (for wireless communication facilities)5455TABLE 4-8-120CLAND USE APPLICATIONSSUBMITTAL REQUIREMENTSTYPE OF APPLICATION/PERMITAdditional Animals PermitAnnexation (10% Notice of Intent)Annexation (60% Petition)AppealBusiness License for Home Occupation1Comp. Plan Map Amendment/RezoneComp. Plan Map Text AmendmentConditional Use Permit (Administrative)Conditional Use Permit (Hearing Examiner)Critical Area PermitEnvironmental ReviewEnvironmental Review (Nonproject)Grade and Fill Permit (Special)Lot Line AdjustmentMaster Site Plan (Overall)Master Site Plan (Individual Phases)Mobile Home Park, Preliminary Mobile Home Park, FinalModification/Alternate RequestPlat, FinalPlat, Preliminary/Binding Site PlanPUD, PreliminaryPUD, FinalRezoneRoutine Vegetation Management PermitShoreline ExemptionShoreline Substantial Development PermitShoreline Conditional Use PermitShoreline VarianceShort Plat, PreliminaryShort Plat, Final/Binding Site PlanSite Plan ReviewSmall Cell PermitSpecial PermitTemporary Use Permit9VarianceWaiverNumber of required copies (if any) is indicated in each column unless waived by the Development Services Division. 4-8-120C 8 - 37 (Revised 5/18)Legal Description 13 13 2 12 12 12 12 12 5 12 12 12 12 12 12 12 12 1 4 12 12 12 12 12 1212510Letter Describing Proposed Home Occupation1Letter from Property Owner55Letter to Examiner/Council Stating Reason(s) for Appeal per RMC 4-8-110C31Letter Explaining Which Comprehensive Plan Text/Policies Should Be Changed and Why 9Letter of Understanding, Geologic Risk5555555555555555555List of Affected Property Owners within Annexation Area Boundary 2 2Lot Line Adjustment Map5Map of Existing Site Conditions 9Map of View Area (for wireless communication facilities only)555Master Application Form 13 9 9 12 12 12 12 12 12 5 12 12 12 5 12 12 12 12 1 4 12 12 1212 12 12 5 10Master Plan12Mobile Home Park Plan12 12Monument Cards (one per monument)111Neighborhood Detail Map 13 13 1 12 12 12 12 5 12 12 12 5 12 12 5 12 1 4 12 12 12 12 1 12 12510Neighborhood Meeting Materials11111Nonconformity Relationship and Compatibility NarrativeTABLE 4-8-120CLAND USE APPLICATIONSSUBMITTAL REQUIREMENTSTYPE OF APPLICATION/PERMITAdditional Animals PermitAnnexation (10% Notice of Intent)Annexation (60% Petition)AppealBusiness License for Home Occupation1Comp. Plan Map Amendment/RezoneComp. Plan Map Text AmendmentConditional Use Permit (Administrative)Conditional Use Permit (Hearing Examiner)Critical Area PermitEnvironmental ReviewEnvironmental Review (Nonproject)Grade and Fill Permit (Special)Lot Line AdjustmentMaster Site Plan (Overall)Master Site Plan (Individual Phases)Mobile Home Park, Preliminary Mobile Home Park, FinalModification/Alternate RequestPlat, FinalPlat, Preliminary/Binding Site PlanPUD, PreliminaryPUD, FinalRezoneRoutine Vegetation Management PermitShoreline ExemptionShoreline Substantial Development PermitShoreline Conditional Use PermitShoreline VarianceShort Plat, PreliminaryShort Plat, Final/Binding Site PlanSite Plan ReviewSmall Cell PermitSpecial PermitTemporary Use Permit9VarianceWaiverNumber of required copies (if any) is indicated in each column unless waived by the Development Services Division. 4-8-120C (Revised 5/18)8 - 38Parking, Lot Coverage and Landscaping Analysis 5555555555555Photo Simulations (for wireless communication facilities only) 54555Plan Reductions (PMTs)111111111111111111111Plat Certificate4Preapplication Meeting Summary, if any1557555555551155555555555Preliminary Plat Plan12Project Narrative13139121212125121251212412121212121212510Project Sequencing Plan12Proposal (nonproject, e.g., draft ordinance, plan or policy)12Proposal Summary (nonproject) 12Public Works Approval Letter2222Radio Frequency Emissions Report5Routine Vegetation Management Application Form1Screening Detail, Refuse/Recycling 12 12 12 12 12 12 12Service Area Map (for wireless communication facilities only)55Short Plat Plan12Short Plat Plan, Final5Site Plan 2 12 12 12 12 12 12 12 12 12 12 12 5 10TABLE 4-8-120CLAND USE APPLICATIONSSUBMITTAL REQUIREMENTSTYPE OF APPLICATION/PERMITAdditional Animals PermitAnnexation (10% Notice of Intent)Annexation (60% Petition)AppealBusiness License for Home Occupation1Comp. Plan Map Amendment/RezoneComp. Plan Map Text AmendmentConditional Use Permit (Administrative)Conditional Use Permit (Hearing Examiner)Critical Area PermitEnvironmental ReviewEnvironmental Review (Nonproject)Grade and Fill Permit (Special)Lot Line AdjustmentMaster Site Plan (Overall)Master Site Plan (Individual Phases)Mobile Home Park, Preliminary Mobile Home Park, FinalModification/Alternate RequestPlat, FinalPlat, Preliminary/Binding Site PlanPUD, PreliminaryPUD, FinalRezoneRoutine Vegetation Management PermitShoreline ExemptionShoreline Substantial Development PermitShoreline Conditional Use PermitShoreline VarianceShort Plat, PreliminaryShort Plat, Final/Binding Site PlanSite Plan ReviewSmall Cell PermitSpecial PermitTemporary Use Permit9VarianceWaiverNumber of required copies (if any) is indicated in each column unless waived by the Development Services Division. 4-8-120C 8 - 39 (Revised 5/18)Site Plan, Shoreline Permit4Site Plan, Single Family 1Siting Process Report for Use Permits for SCTF, CDF or CDIS Facilities12Source Statement, Fill Material, Aquifer Protection Areas4Statement Addressing Basis for Alternate and/or Modification 5555Statement Addressing the Basis for the Shoreline Permit Exemption Request4Statement Addressing the PUD’s Relationship to the City Comprehensive Plan5Stream/Lake Study (8) 3 12 12 12 12 12 12 12 12 12 3 3 3 3 3 12 4 12 12 12 12 3 12 12 3 12Survey4Title Report or Plat Certificate 2 4 4 4 4 4 4 4 4 4 4 4 4 555444 4 4Topography Map (5' contours)121212Traffic Study 5 5 5 5 5 5 5 5 5 5 5Tree Retention/Land Clearing (Tree Inventory) Plan4444444444444444444444Urban Design District Review Packet 127127127127Utilities Plan, Generalized555555555555555Vegetation Management Plan (Shoreline)55Wetlands Delineation Map1212121212121212121212121212121212TABLE 4-8-120CLAND USE APPLICATIONSSUBMITTAL REQUIREMENTSTYPE OF APPLICATION/PERMITAdditional Animals PermitAnnexation (10% Notice of Intent)Annexation (60% Petition)AppealBusiness License for Home Occupation1Comp. Plan Map Amendment/RezoneComp. Plan Map Text AmendmentConditional Use Permit (Administrative)Conditional Use Permit (Hearing Examiner)Critical Area PermitEnvironmental ReviewEnvironmental Review (Nonproject)Grade and Fill Permit (Special)Lot Line AdjustmentMaster Site Plan (Overall)Master Site Plan (Individual Phases)Mobile Home Park, Preliminary Mobile Home Park, FinalModification/Alternate RequestPlat, FinalPlat, Preliminary/Binding Site PlanPUD, PreliminaryPUD, FinalRezoneRoutine Vegetation Management PermitShoreline ExemptionShoreline Substantial Development PermitShoreline Conditional Use PermitShoreline VarianceShort Plat, PreliminaryShort Plat, Final/Binding Site PlanSite Plan ReviewSmall Cell PermitSpecial PermitTemporary Use Permit9VarianceWaiverNumber of required copies (if any) is indicated in each column unless waived by the Development Services Division. 4-8-120C (Revised 5/18)8 - 40Table 4-8-120C Legend:1. This information is required only for those home occupations that will have customer visits, more than six (6) business deliveries per week, or external indication of commercial activity.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. Only required for projects requiring a public hearing.6. Only required for residential projects requesting modification to special development standards in a Centers Residential Demonstration District, RMC 4-3-120B3, or for any developmentsubject to special development standards requiring upper story setbacks in the Center Office Residential (COR) Zone, RMC 4-2-120B.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. A supplemental stream or lake study is also required if an unclassified stream is involved, or if there are proposedalterations 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, Shore-line 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 requiredby 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 inthe 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 neighborhoodmeeting is required per RMC 4-8-090, Public Notice Requirements.(Ord. 4587, 3-18-1996; Amd. Ord. 4722, 5-11-1998; Ord. 4777, 4-19-1999; Ord. 4802, 10-25-1999; Ord. 4821, 1-24-2000; Ord. 4835, 3-27-2000; Ord.4851, 8-7-2000; Ord. 4954, 2-11-2002; Ord. 4963, 5-13-2002; Ord. 4982, 9-23-2002; Ord. 5028, 11-24-2003; Ord. 5100,11-1-2004; Ord. 5137,Wetland Mitigation Plan – Preliminary 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3Wetland Mitigation Plan – Final333333333Wetlands Assessment 3 333 33 3 3 33 333333 3 333TABLE 4-8-120CLAND USE APPLICATIONSSUBMITTAL REQUIREMENTSTYPE OF APPLICATION/PERMITAdditional Animals PermitAnnexation (10% Notice of Intent)Annexation (60% Petition)AppealBusiness License for Home Occupation1Comp. Plan Map Amendment/RezoneComp. Plan Map Text AmendmentConditional Use Permit (Administrative)Conditional Use Permit (Hearing Examiner)Critical Area PermitEnvironmental ReviewEnvironmental Review (Nonproject)Grade and Fill Permit (Special)Lot Line AdjustmentMaster Site Plan (Overall)Master Site Plan (Individual Phases)Mobile Home Park, Preliminary Mobile Home Park, FinalModification/Alternate RequestPlat, FinalPlat, Preliminary/Binding Site PlanPUD, PreliminaryPUD, FinalRezoneRoutine Vegetation Management PermitShoreline ExemptionShoreline Substantial Development PermitShoreline Conditional Use PermitShoreline VarianceShort Plat, PreliminaryShort Plat, Final/Binding Site PlanSite Plan ReviewSmall Cell PermitSpecial PermitTemporary Use Permit9VarianceWaiverNumber of required copies (if any) is indicated in each column unless waived by the Development Services Division. 4-8-120C 8 - 40.1 (Revised 5/18) 4-25-2005; Ord. 5304,9-17-2007; Ord. 5356, 2-25-2008; Ord. 5369, 4-14-2008; Ord. 5450, 3-2-2009; Ord. 5528,3-8-2010; Ord. 5570, 11-15-2010; Ord. 5577,11-15-2010; Ord. 5578, 11-15-2010; Ord. 5633, 10-24-2011; Ord. 5675, 12-3-2012; Ord. 5676, 12-3-2012; Ord. 5748, 1- 12-2015; Ord. 5749, 1-12-2015; Ord. 5798 (Att. B), 4-25-2016; Ord. 5876 (Att. B), 1-22-2018) (Revised 5/18)8 - 40.2 This page left intentionally blank. 4-8-120D 8 - 41 (Revised 3/13) D. DEFINITIONS OF TERMS USED IN SUBMITTAL REQUIREMENTS FOR BUILDING, PLANNING AND PUBLIC WORKS PERMIT APPLICATIONS: 1. Definitions A: Affidavit of Installation of Public Informa- tion Sign: A notarized statement signed by the applicant of applicant’s representative at- testing that the required public information sign(s) has been installed in accordance with City Code requirements. Annexation, Ten Percent (10%) Notice of Intent: A petition form, supplied by the City, containing the signatures of property owners as identified in King County Assessor’s records as taxpayers of record for properties representing at least ten percent (10%) of the assessed valuation for the areas proposed for annexation. Information requested on the form includes the signatures of all identified taxpayers of record, the date of signing, a mailing address, and property identification number of each parcel. Petitions must con- form to RCW 35A.01.040. Annexation, Sixty Percent (60%) Petition: A petition form, supplied by the City, contain- ing the signatures of property owners as iden- tified in King County Assessor’s records as taxpayers of record for properties represent- ing at least sixty percent (60%) of the as- sessed valuation for the areas proposed for annexation. Information requested on the form includes the signatures of all identified taxpayers of record, the date of signing, a mailing address, and property identification number of each parcel. Petitions must con- form with RCW 35A.01.040. Applicant Agreement Statement: A signed notarized statement indicating that: a. The applicant agrees to allow for the potential collocation of additional wire- less communication facility equipment by other providers on the applicant’s struc- ture or within the same site location; and b. That the applicant agrees to remove the facility within six (6) months after that site’s use is discontinued or if the facility falls into disrepair, and restore the site to its pre-existing condition. If there are two (2) or more users of a single wireless communication facility (WCF), then this provision shall not become effective until all users cease using the WCF. Application Fee: The appropriate process- ing fee as required by the Renton Municipal Code. Application Form, Building Section: The Development Services Division form required for the type of work to be performed (e.g., grading permit application for grading work, sign permit application for installation of a sign, etc.). Information requested includes the following: a. King County Tax Assessor’s number for the property, b. Legal description of property, c. Street address, if applicable, d. Property owner’s name, address and phone number, e. Prime contractor’s business name, address, phone number, current state contractor registration number, and f. Either the name, address and phone number of the lender administering the interim construction financing, if any, or the name and address of the firm that has issued a payment bond, if any, on behalf of the prime contractor for the protection of the owner, if the bond is for an amount fifty percent (50%) or more than the total construction project. Application Form, Construction Permit: The City of Renton form used for all public works construction projects. Information re- quested includes the name, address, and telephone number for the project applicant and property owner, legal description, King County Tax Assessor’s number, site area, area of impervious surface, description of work, preliminary cost estimate, and, if appli- cable, water meter size. Application Form, Master: The City of Renton Development Services Division’s combined land use permit application form 4-8-120D (Revised 3/13)8 - 42 used for most environmental and land use re- views. Information requested includes the name, address, and telephone number for the project applicant, all owners, contact per- son, tax account number for the property, and other site information. Approved Testing Agency: An agency as determined by the Washington Association of Building Officials whose purpose is to provide special building inspection(s). Architectural Plans, Commercial, Indus- trial, Attached Dwellings with Three (3) or More Units: A twenty four inch by thirty six inch (24" x 36") plan prepared by an architect licensed in the State of Washington (unless project exempted by WAC 18-04-410) drawn at a scale of one-eighth inch equals one foot (1/8" = 1') or one-fourth inch equals one foot (1/4" = 1') (or other size or scale approved by the Building Official) clearly indicating the in- formation required by the “Permits” section of the currently adopted International Building Code and chapter 19.27 RCW (State Building Code Act, Statewide amendments), includ- ing, but not limited to, the following: a. General building layout, both existing and proposed – indicate square footage of rooms, use of each room or area, win- dow and door size and ventilation, open- ing headers, plumbing, ducting, and electrical layout, including penetration protection, IBC occupancy group, and IBC type of construction, b. Cross section details, as needed, to show typical foundation, floor, wall, ceil- ing and roof construction; structural members labeled as to size and spacing; bracing, blocking, bridging, special con- nectors, anchor bolts; insulation of walls, floors and roof/ceiling, c. Details of stairs, fireplaces and spe- cial construction, if any, d. King County Health Department ap- proval on plans submitted to the City for dining/food-handling establishments, e. King County Health Department ap- proval on plans submitted to the City for public pools/spas, f. Independent plan review by the State of Washington Labor and Industries Elec- trical Division for I and E Occupancies, g. Asbestos assessment by the Puget Sound Air Pollution Control Agency (PSAPCA) for interior demolition, and h. Independent review by State Depart- ment of Health for hospitals. (Amd. Ord. 4773, 3-22-1999; Ord. 5450, 3-2-2009) Architectural Plans, Detached Dwellings and Two (2) Attached Dwellings: An eigh- teen inch by twenty four inch (18" x 24"), min- imum, plan drawn at a scale of one-fourth inch equals one foot (1/4" = 1') (or other size or scale approved by the Building Official) clearly indicating the information required by the “Permits” section of the currently adopted International Building Code and chapter 19.27 RCW (State Building Code Act, State- wide amendments), including, but not limited to, the following: a. General building layout and room use, b. Window and door size and window ventilation area, c. Plumbing, duct, and electrical layout, d. Opening headers, size and material, e. Cross section details, as needed, to show typical foundation, floor, wall, ceil- ing and roof construction, including con- nection details, f. Structural members labeled as to size and spacing as well as bracing, blocking, bridging, special connectors, and anchor bolts, g. Special details as needed (i.e., stairs, fireplaces, special construction), and h. Insulation of walls, slab, floors, and roof/ceiling. (Amd. Ord. 4773, 3-22-1999; Ord. 5450, 3-2-2009; Ord. 5520, 12-14-2009) Assessment Information: Records ob- tained from the King County Assessor’s office for each tax lot included in an area proposed 4-8-120D 8 - 43 (Revised 9/15) for annexation. The records display all tax- payers of record and assessed value for each tax lot. Authorization for Abatement: An irrevoca- ble signed and notarized statement granting the City permission to summarily abate the use and all physical evidence of that use, if it has not been removed as required by the terms of the permit. The statement shall in- clude a statement that the applicant will reim- burse the City for any expenses incurred in abating the use. 2. Definitions B: Biological Assessment/Critical Area Study: Projects with the potential to impact fish (Chinook salmon, bull trout, steelhead trout), unexpected, new, rare or other endan- gered species habitat (bald eagles) shall pro- vide a biological assessment/critical area study. The purpose of this assessment is to determine whether a proposed action is likely to: (1) adversely affect listed or de-listed spe- cies or designated critical habitat; (2) jeopar- dize the continued existence of species that are proposed for listing, or unexpected, new or rare species; or (3) adversely modify pro- posed critical habitat. A biological assess- ment/critical area study is a written study that evaluates the proposal, all probable impacts and risks related to the critical area, and rec- ommends appropriate mitigation measures to adequately protect the functions and values of the critical area, and preserve anadromous fish and their habitat. The assessment/study shall be prepared by a person with experience and training in the scientific discipline appropriate for the rele- vant critical area in accordance with WAC 365-195-095(4). A qualified professional must have obtained a B.S. or B.A. or equiva- lent degree in biology, engineering, environ- mental studies, fisheries, geomorphology, biological assessment, or related field, and have at least five (5) years of related work ex- perience. a. A qualified professional for wetlands must be a professional wetland scientist with at least two (2) years of full-time work experience as a wetlands profes- sional, including delineating wetlands using the federal manuals and supple- ments, preparing wetlands reports, con- ducting function assessments, and developing and implementing mitigation plans. b. A qualified professional for Habitat conservation must have a degree in biol- ogy or a related degree and professional experience related to the subject spe- cies. c. A qualified professional for a geolog- ical hazard must be a professional engi- neer or geologist, licensed in the state of Washington. d. A qualified professional for Wellhead Protection Areas means a hydrogeolo- gist, geologist, engineer, or other scien- tist with experience in preparing hydrogeologic assessments. The assessment/study shall use scientifically valid methods and studies in the analysis of critical area data and field reconnaissance and reference the source of the material used. Best available science is that scientific information applicable to the critical area pre- pared by local state or federal natural agen- cies or a qualified scientific professional that is consistent with the criteria established in WAC 395-195-900 through 365-195-925. The assessment/study shall contain, at a minimum, the following information, as appli- cable: a. The name and contact information of the applicant; b. The dates, names, and qualifications of the persons preparing the assess- ment/study and documentation of any fieldwork performed on the site; c. A description of the proposal and identification of the permits requested; d. A site plan showing: i. Identified critical areas, buffers and the development proposal with dimensions; ii. Topography at two-foot (2') inter- vals; 4-8-120D (Revised 9/15)8 - 44 iii. Limits of any areas to be cleared/impacted; and iv. A description of the proposed stormwater management plan for the development and consideration of impacts to drainage alterations; e. Accurate identification, location, and characterization of critical areas, water bodies, and buffers adjacent to the pro- posed project area or potentially im- pacted by the proposed project; f. A statement specifying the accuracy of the assessment/study, assumptions used in the assessment/study, and ex- plaining how best available science has been incorporated; g. Determination of the degree of haz- ard and risk from the proposal both on the site and on surrounding properties; h. An assessment of the probable cu- mulative impacts to the critical areas, their buffers and other properties result- ing from the proposal; i. An evaluation of the project’s compli- ance with sections 7 and 9 of the Endan- gered Species Act; j. A description of reasonable efforts made to apply mitigation sequencing to avoid, minimize, and mitigate impacts to critical areas; k. Plans for adequate mitigation to off- set any impacts and an explanation of how best management practices will be used to minimize impacts to critical area; and l. Recommendations for maintenance, short-term and long-term monitoring, contingency plans and security require- ments. (Ord. 5675, 12-3-2012; Ord. 5757, 6-1-2015) 3. Definitions C: Calculations, Survey: A compilation pre- pared by a State of Washington licensed land surveyor clearly indicating the dimensions of the boundaries and the closures for each lot, parcel, tract, and block in the plat, short plat, lot line, binding site plan, or lot line adjust- ment – an approved printed computer plot closure or demonstrated mathematical plot closure on all lots, streets, alleys and bound- aries. Closure Permit Application, Aquifer Pro- tection Area: An application package includ- ing the following: a. A list of hazardous materials to be re- moved from premises, the method of re- moval, and the final destination (include product names and quantities); b. A list of potentially contaminated equipment and/or containment devices to be removed from premises and a de- scription of the method of disposal or re- cycling; c. A plan prepared by a professional engineer or geologist licensed in the State of Washington to investigate the fa- cility to determine whether it is free of contamination exceeding Model Toxics Control Act (MTCA) standards (chapter 173-340 WAC), to report findings to the Water Utility, and to describe remediation needed, if any, according to said stan- dards and RMC 4-9-015G; d. A written agreement between the owner, the property owner, and the pur- chaser or other recipient, in lieu of sub- sections a and b of this definition, stating that the owner will not remove hazardous materials and containment devices from the facility because all agree that the ma- terials and devices are needed to con- tinue to operate the facility; e. A schedule for implementation of subsections a and b of this definition and the investigation described in subsection c. (Ord. 4851, 8-7-2000; Amd. Ord. 4992, 12-9-2002) Colored Display Maps: Full-size plan sheets of each of the following maps colored with a wide tip marker in order to clearly define the site’s outer property boundary, the area of new construction and/or proposed new lot 4-8-120D 8 - 45 (Revised 5/18) lines (dashed), existing buildings, landscap- ing areas, and abutting street names for use in presenting the project at public hearing and/or to the Environmental Review Commit- tee. a. Neighborhood detail map, b. Site plan, c. Landscaping plan, and d. Elevations. (Ord. 5676, 12-3-2012) Concealment Element Plan: A project nar- rative and illustrations that includes the de- sign of the screening, fencing, or other concealment technology for a base station, tower, pole, or equipment structure, and all related transmission equipment or facilities associated with the proposed wireless facility. (Ord. 5876, 1-22-2018) Conditional Use Permit Justification: A written description/justification setting forth the reasons in favor of the application and ad- dressing the criteria listed in RMC 4-9-030, Conditional Use Permits. Construction Mitigation Description: A written narrative addressing each of the fol- lowing: a. Proposed construction dates (begin and end dates), b. Hours of operation, c. Proposed hauling/transportation routes, d. Measures to be implemented to min- imize dust, traffic and transportation im- pacts, erosion, mud, noise, and other noxious characteristics, e. Any specialty hours proposed for construction of hauling (i.e., weekends, late nights), and f. Preliminary traffic control plan. Covenants, Draft: A proposed, unrecorded written agreement promising performance or nonperformance of certain acts or stipulating certain uses or non-uses of property to be binding upon current and future property owners, including the legal description of that area of property to be encumbered. Covenants, Existing: The recorded limita- tion on property which may be set forth in the property deed and/or identified in a title report. Critical Areas Study: See RMC 4-8-120D2, Biological Assessment/Critical Areas Study, as it exists or may be amended. (Ord. 5676, 12-3-2012) 4. Definitions D: Deeds (Draft) to City for Any Land to Be Dedicated: A legal document proposing to convey ownership of real property and includ- ing a legal description of the area to be dedi- cated. Drainage Plan/Map: Plans drawn to scale and stamped by a State of Washington li- censed engineer and complying with the re- quirements of RMC 4-6-030, Drainage (Surface Water) Standards, and the Surface Water Design Manual. (Amd. Ord. 4835, 3-27-2000; Ord. 5526, 2-1-2010) Drainage Report: A report stamped by a State of Washington licensed engineer com- plying with the requirements of the City of Renton Drafting Standards, RMC 4-6-030, Drainage (Surface Water) Standards, and the Surface Water Design Manual. (Amd. Ord. 4835, 3-27-2000; Ord. 5526, 2-1-2010) 5. Definitions E: Easements, Existing: A recorded document by the property owner granting one or more privileges to use the owner’s land to and/or for the use by the public, a corporation or an- other person or entity. Easements may be ref- erenced by property deed and are identified in the property title report. Easements, Proposed: A draft document, including proposed legal description, listing to whom and for what specific purpose or pur- poses the easement is to be granted. Electrical Plans/Specifications: Plans clearly indicating the information required by the WAC 296-46-140(2) and section 1141 of the currently adopted Washington State En- 4-8-120D (Revised 5/18)8 - 46 ergy Code (WSEC) accompanied by a written statement stamped and signed by a Wash- ington State registered professional engineer attesting to the validity of this data and includ- ing, but not limited to, the following: a. Street address and name of project, b. Description of the scope of the elec- trical installation or alterations to be done, including the basis for designation of any special occupancy or classified lo- cation(s), c. Name, address and phone number of contact person, d. Floor plan view of the electrical in- stallation or alterations, e. Specifications relevant to the electri- cal installation, f. Load calculations per National Elec- tric Code (NEC) 220, g. Switchboard and/or panel board schedules, h. Fire alarm and other low voltage sys- tem drawings, and i. One-line riser diagram, including available fault current, Available Interrupt Current (AIC) ratings of switchboards and/or panel boards, and equipment bracing. Riser diagrams and load calcu- lations must be complete to the point of connection between the facilities of the serving utility and the premises wiring. Details of such diagrams and calcula- tions must include the square feet of the building or other structure supplied by each feeder, the total connected load be- fore applying demand factors, the de- mand factors used, the computed load after applying demand factors, and the size and type of conductors used. Elevations, Architectural: A twenty four inch by thirty six inch (24" x 36") fully dimen- sioned architectural elevation plan drawn at a scale of one-fourth inch equals one foot (1/4" = 1') or one-eighth inch equals one foot (1/8" = 1') (or other size or scale approved by the Building Official) clearly indicating the infor- mation required by the “Permits” section of the currently adopted International Building Code and chapter 19.27 RCW (State Building Code Act, Statewide amendments), includ- ing, but not limited to, the following: a. Existing and proposed ground eleva- tions, b. Existing average grade level under- neath proposed structure, c. Height of existing and proposed structures showing finished rooftop ele- vations based upon site elevations for proposed structures and any existing/ abutting structures, d. Building materials and colors includ- ing roof, walls, any wireless communica- tion facilities, and enclosures, e. Fence or retaining wall materials, colors, and architectural design, f. Architectural design of on-site lighting fixtures, and g. Cross-section of roof showing loca- tion and height of rooftop equipment (in- clude air conditioners, compressors, etc.) and proposed screening. h. Required for the Urban Center De- sign Overlay District review packet. i. Identify building elevations by street name and orientation, i.e., Bur- nett Ave. (west) elevation. ii. Show the location of rooflines, doors and window openings. iii. Indicate typical detailing around doors, windows and balconies indi- cating finishes, color and reflectivity of glazing. iv. Identify offsets in walls intended to meet the minimum requirements for building modulation indicating the amount of offset. v. Show on each elevation any roof top elements such as mechanical and elevator penthouses that pro- 4-8-120D 8 - 47 (Revised 5/18) trude above the parapet or penetrate the roof and would be visible from other buildings of the same height. vi. Photographs of proposed mate- rials from manufacturers’ catalogues. A materials board showing actual materials and colors referenced on the architectural elevations is recom- mended. i. Required for shoreline permits: i. Include measurements of the ex- isting and proposed elevations of the stream, river, or lake bottom in rela- tionship to the proposed structure, if the proposed structure is located fully or partially in, or over, the water. ii. Projects exceeding thirty five feet (35') in height must demonstrate compliance with the height require- ment in RMC 4-3-090D7a. (Ord. 4821, 12-20-1999; Ord. 5450, 3-2-2009; Ord. 5633, 10-24-2011) Energy Code Checklist, Nonresidential: The standard Washington State Energy Of- fice form requesting the information required under chapter 51-11 WAC detailing building components to be used to comply with the State Nonresidential Energy Code. Energy Code Checklist, Residential: The standard Washington State Energy Office form requesting the information required un- der chapter 51-11 WAC and detailing building components to be used to comply with the State Residential Energy Code. Environmental Checklist: The standard State of Washington form required under WAC 197-11-742 and 197-11-960. (Revised 5/18)8 - 48 This page left intentionally blank. 4-8-120D 8 - 49 (Revised 9/15) Erosion Control Plan, Temporary: Draw- ings of the entire site showing the proposed erosion control measures for the project in conformance with the City of Renton Drafting Standards and the Surface Water Design Manual. (Ord. 5526, 2-1-2010) 6. Definitions F: Final Plat Plan: The final plat or final short subdivision map (for short subdivisions of five (5) or more lots) shall be drawn to a scale of not less than one inch representing one hun- dred feet (1" = 100') unless otherwise ap- proved by the Department, and on sheets eighteen inches by twenty four inches (18" x 24"). The original reproducible drawing shall be in black ink on stabilized drafting film, and shall: a. Include the date, title, name and lo- cation of subdivision, graphic scale, and north arrow. b. Include names, locations, widths and other dimensions of existing and pro- posed streets, alleys, easements, parks, open spaces and reservations. c. Include lot lines with all property lines dimensioned and square footage of each lot. d. 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. e. Include location, dimensions, and square footage of any existing structures to remain within or abutting the plat. f. Include location of existing conditions (such as wetlands, steep slopes, water- courses, floodplains) on or adjacent to the site which could hinder development. g. Include reservations, restrictive cov- enants, easements (including easement language), and any areas to be dedi- cated to public use, with notes stating their purpose and any limitations. If a new easement is created on the plat, it must show the grantee of the easement rights. If the grantee is the City, a statement of easement provisions reserving, granting and conveying the easement, with a de- scription of the rights and purposes, needs to be made on the plat. h. Include the lot and block numbering scheme and lot addresses on the plat map. Street names and addresses shall be determined by the Department in ac- cordance with the Street Grid Ordinance (chapter 9-11 RMC), and established De- partment procedures for addressing of new lots. i. Contain data sufficient to determine readily and reproduce on the ground the location, bearing, and length of every street, easement line, lot line, 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. j. Include coordinates pursuant to City surveying standards for permanent con- trol monuments. k. Display all interior permanent control monuments located pursuant to City sur- veying standards. l. Be mathematically correct. m. Contain a legal description of the land to be subdivided on the final mylar. n. Include certifications: i. Certification showing that streets, rights-of-way and all sites for public use have been dedicated. ii. Certification by a licensed land surveyor that a survey has been made and that monuments and stakes will be set. iii. Certification by the responsible health agencies that the methods of sewage disposal and water service are acceptable. iv. Certification by the King County Finance Department that taxes have 4-8-120D (Revised 9/15)8 - 50 been paid in accordance with RCW 58.08.030, Plats to be acknowledged – Certificate that taxes and assess- ments are paid, and 58.08.040, De- posit to cover anticipated taxes and assessments, as they exist or may be amended, and that a deposit has been made with the King County Fi- nance Department in sufficient amount to pay the taxes for the fol- lowing year. v. Certification by the Administra- tive Services Department that there are no delinquent special assess- ments and that all special assess- ments certified to the Administrative Services Administrator for collection on any property herein contained dedicated for streets, alleys or other public uses are paid in full. vi. Certification of approval to be signed by the Administrator. vii. Certification of approval to be signed by the Mayor and attested by the City Clerk. (Ord. 5702, 12-9- 2013; Ord. 5745, 1-12-2015; Ord. 5757, 6-1-2015) Flood Hazard Data: Flood hazard data in- cludes: a. Plans in duplicate drawn to scale showing the nature, location, dimen- sions, and elevations of the area in ques- tion; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing; b. Elevation in relation to mean sea level of the lowest floor (including base- ment) of all structures; c. Elevation in relation to mean sea level to which any structure has been floodproofed; d. Certification by a registered profes- sional engineer or architect that the flood- proofing methods criteria in RMC 4-3-050I3c; and for any nonresidential structure meet the floodproofing; and e. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. (Ord. 4835, 3-27-2000) Floor Plans, General: A basic line drawing plan of the general building layout showing walls, exits, windows, and designated uses indicating the proposed locations of kitchens, baths and floor drains, bedrooms and living areas, with sufficient detail for City staff to de- termine if an oil/water separator or grease in- terceptor is required and to determine sizing of side sewer. (Amd. Ord. 4821, 12-20-1999) 7. Definitions G: Geotechnical Report: A study prepared in accordance with generally accepted geotech- nical practices and stamped by a professional engineer licensed in the State of Washington which includes soils and slope stability analy- sis, boring and test pit logs, and recommen- dations on slope setbacks, foundation design, retaining wall design, material selec- tion, and all other pertinent elements. If the evaluation involves geologic evaluations or interpretations, the report shall be reviewed and approved by a geologist. Further recom- mendations, additions or exceptions to the original report based on the plans, site condi- tions, or other supporting data shall be signed and sealed by the geotechnical engineer. If the geotechnical engineer who reviews the plans and specifications is not the same engi- neer who prepared the geotechnical report, the new engineer shall, in a letter to the City accompanying the plans and specifications, express his or her agreement or disagree- ment with the recommendations in the geo- technical report and state that the plans and specifications conform to his or her recom- mendations. If the site contains a geologic hazard regulated by the critical areas regula- tions, the preparation and content require- ments of RMC 4-8-120D, Table 18 shall also apply. If the site is within a channel migration zone, within shoreline jurisdiction, the geo- technical report shall also include a geomor- phic assessment by a Washington State licensed geologist with engineering geology or hydrogeology specialty license plus expe- rience in conducting fluvial geomorphic as- sessments. 4-8-120D 8 - 51 (Revised 3/13) Table 18 – Geotechnical Report – Detailed Requirements REPORT PREPARATION/CONTENT REQUIREMENTS STEEP SLOPESLANDSLIDE – MEDIUMLANDSLIDE – HIGHLANDSLIDE – VERY HIGHHIGH EROSIONSEISMICCOAL MINE – MEDIUMCOAL MINE – HIGHVOLCANIC HAZARDSSHORELINE1. Characterize soils, geology and drainage. XXXXXXXXXX 2. Describe and depict all natural and man-made features within one hundred fifty feet (150') of the site boundary. XXXXXXXXXX 3. Identify any areas that have previously been disturbed or degraded by human activity or natural processes. XXXXXXXXXX 4. Characterize groundwater conditions including the presence of any public or private wells within one-quarter (1/4) mile of the site. XXXXXXXX X 5. Provide a site evaluation review of available information regarding the site. XXXXXXXXXX 6. Conduct a surface reconnaissance of the site and adjacent areas. XXXXXXXX X 7. Conduct a subsurface exploration of soils and hydrologic conditions. XXXXXXXX X 8. Provide a slope stability analysis. X X X X X X X 9. Address principles of erosion control in proposal design including: • Plan the development to fit the topography, drainage patterns, soils and natural vegetation on site; • Minimize the extent of the area exposed at one time and the duration of the exposure; • Stabilize and protect disturbed areas as soon as possible; • Keep runoff velocities low; • Protect disturbed areas from stormwater runoff; • Retain the sediment within the site area; • Design a thorough maintenance and follow-up inspection program to ensure erosion control practices are effective. XXXXX XX X Note: An “X” indicates that the requirement applies in the identified critical area. 4-8-120D (Revised 3/13)8 - 52 10. Provide an evaluation of site response and liquefaction potential relative to the proposed development. X 11. Conduct sufficient subsurface exploration to provide a site coefficient (S) for use in the International Building Code to the satisfaction of the Community and Economic Development Administrator. X 12. Calculate tilts and strains, and determine appropriate design values for the building site. XX 13. Review available geologic hazard maps, mine maps, mine hazard maps, and air photographs to identify any subsidence features or mine hazards including, but not limited to, surface depressions, sinkholes, mine shafts, mine entries, coal mine waste dumps, and any indication of combustion in underground workings or coal mine waste dumps that are present on or within one hundred feet (100') of the property. XX 14. Inspect, review and document any possible mine openings and potential trough subsidence, and any known hazards previously documented or identified. XX 15. Utilize test pits to investigate coal mine waste dumps and other shallow hazards such as slope entry portals and shaft collar areas. Drilling is required for coal mine workings or other hazards that cannot be adequately investigated by surface investigations. XX 16. Provide an analysis of proposed clearing, grading and construction activities including construction scheduling. Analyze potential direct and indirect on-site and off-site impacts from development. XXXXXXXX X REPORT PREPARATION/CONTENT REQUIREMENTS STEEP SLOPESLANDSLIDE – MEDIUMLANDSLIDE – HIGHLANDSLIDE – VERY HIGHHIGH EROSIONSEISMICCOAL MINE – MEDIUMCOAL MINE – HIGHVOLCANIC HAZARDSSHORELINENote: An “X” indicates that the requirement applies in the identified critical area. 4-8-120D 8 - 52.1 (Revised 3/13) (Ord. 4835, 3-27-2000; Amd. Ord. 5137, 4-25-2005; Ord. 5450, 3-2-2009; Ord. 5633, 10-24-2011; Ord. 5676, 12-3-2012) Grading Plan: A twenty two inch by thirty four inch (22" x 34") plan drawn by a State of Washington licensed landscape architect at a scale of one inch to forty feet (1" to 40') (hor- izontal feet) and one inch to ten feet (1" to 10') (vertical feet) (or other size plan sheet or scale approved by the Development Services Division Plan Review Supervisor) clearly indi- cating the following: a. Graphic scale and north arrow, b. Dimensions of all property lines, easements, and abutting streets, c. Location and dimension of all on-site structures and the location of any struc- tures within fifteen feet (15') of the subject property or which may be affected by the proposed work, d. Accurate existing and proposed con- tour lines drawn at five foot (5'), or less, intervals showing existing ground and details of terrain and area drainage to in- clude surrounding off-site contours within one hundred feet (100') of the site, e. Location of natural drainage sys- tems, including perennial and intermittent streams, the presence of bordering vege- tation, and floodplains, f. Setback areas and any areas not to be disturbed, including the location, size and species of all protected trees on site. 17. Propose mitigation measures, such as any special construction techniques, monitoring or inspection programs, erosion or sedimentation programs during and after construction, surface water management controls, buffers, remediation, stabilization, etc. XXXXXXXXXX 18. Critical facilities on sites containing areas susceptible to inundation due to volcanic hazards shall require an evacuation and emergency management plan. The applicant for critical facilities shall evaluate the risk of inundation or flooding resulting from mudflows originating on Mount Rainier in a geotechnical report, and identify any engineering or other mitigation measures as appropriate. X 19. Address factors specific to the site, or to the proposed shoreline modification, as required in RMC 4-3-090, Shoreline Master Program Regulations. X REPORT PREPARATION/CONTENT REQUIREMENTS STEEP SLOPESLANDSLIDE – MEDIUMLANDSLIDE – HIGHLANDSLIDE – VERY HIGHHIGH EROSIONSEISMICCOAL MINE – MEDIUMCOAL MINE – HIGHVOLCANIC HAZARDSSHORELINENote: An “X” indicates that the requirement applies in the identified critical area. 4-8-120D (Revised 3/13)8 - 52.2 Protected trees shall have the approxi- mate drip line shown. The method of tree protection during grading and construc- tion shall be shown. If grade changes in the vicinity of the protected trees are nec- essary, the method of reconciling the drip line with the finished elevation shall be in- cluded (see RMC 4-4-130, Tree Reten- tion and Land Clearing Regulations), g. Finished contours drawn at five foot (5') intervals as a result of grading, h. Proposed drainage channels and re- lated construction with associated under- ground storm lines sized and connec- tions shown, and i. General notes addressing the follow- ing (may be listed on the cover sheet): i. Area in square feet of the entire property. ii. Area of work in square feet. iii. Both the number of tons and cu- bic yards of soil to be added, re- moved, or relocated. iv. Type and location of fill origin, and destination of any soil to be re- moved from site. v. Finished floor elevation(s) of all structures, existing and proposed. (Ord. 4835, 3-27-2000; Ord. 5304, 9-17-2007) 8. Definitions H: Habitat Data Report: Habitat data reports in- clude: a. Site Plan: The site plan shall indi- cate: i. The vegetative cover types re- flecting the general boundaries of the different plant communities on the site; ii. The exact locations and specifi- cations for all activities associated with site development including the type, extent and method of opera- tions; iii. Top view and typical cross-sec- tion views of critical habitat/wildlife habitat to scale; iv. The results of searches of the State Department of Fish and Wild- life’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 natu- ral processes; v. A summary of existing habitat functions and values, utilizing a hab- itat evaluation procedure or method- ology approved by the City; vi. A summary of proposed habitat alterations and impacts and pro- posed habitat management program. Potential impacts may include but are not limited to clearing of vegeta- tion, fragmentation of wildlife habitat, expected decrease in species diver- sity or quantity, changes in water quality, increases in human intrusion, and impacts on wetlands or water re- sources. (Ord. 4835, 3-27-2000) 4-8-120D 8 - 52.3 (Revised 3/13) Hazardous Materials Management State- ment: A statement which includes: a. A description of refueling of construc- tion vehicles that will occur on the site and an inventory of hazardous materials expected to be temporarily stored, dis- pensed, used, or handled on the site. b. A description of how the require- ments in RMC 4-4-030C7, Construction Activity Standards – Zones 1 and 2, will be met by the applicant. (Ord. 4851, 8-7-2000; Amd. Ord. 4992, 12-9-2002) Heat Loss Calculation: A State of Washing- ton Energy Code mandated analysis per- formed to determine the heat loss of a structure in order to determine the size of the required heating equipment. 9. Definitions I: Installer Certification: Washington State Department of Community, Trade and Eco- nomic Development (CTED) approval given to those contractors authorized to install man- ufactured homes and designated by a State registration number. (Ord. 4587, 3-18-1996) Inventory of Existing Sites: An inventory of the providers existing facilities with the Renton City corporate limits, and any other facilities outside the City limits that are within one-half (1/2) mile of the proposed facility. The inventory is to include specific informa- tion about the location, height, and design of each facility. The Department may share such information with other applicants apply- ing for administrative approvals or conditional use permits under this Title or other organiza- tions seeking to locate antennas within the City, provided, however that the Department is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. Irrigation Sprinkler Plans (Underground): A twenty two inch by thirty four inch (22" x 34") plan drawn at the same scale as, or included on, the generalized utilities plan(s) (or other size plan sheet or scale approved by the De- velopment Services Division Plan Review Su- pervisor) clearly indicating the following: a. Scale and north arrow, b. Dimensions of all property lines, easements, and abutting streets, c. Meter location and size, and d. Proposed type, size, and location of sprinkler piping, sprinkler heads, and backflow prevention devices. 10. Definitions J: (Reserved) 11. Definitions K: (Reserved) 12. Definitions L: Land Record Number: The City of Renton Technical Services Division’s filing number for the final survey document. Land Use Permit Conditions: Environmen- tal or land use permit requirements which may have been placed upon the project in addition to any code-mandated requirements in con- junction with a required environmental deter- mination and/or a land use permit. Examples of land use permits include site plan review, conditional use permits and variances. Landscaping Plan, Conceptual: A fully di- mensioned plan, prepared by a landscape ar- chitect registered in the State of Washington, a certified nurseryman, or other similarly qualified professional, drawn at the same scale as the project site plan (or other scale approved by the Community and Economic Development Administrator), clearly indicat- ing the following: a. Date, graphic scale, and north arrow, b. Location of proposed buildings, park- ing areas, access and existing buildings to remain, c. Names and locations of abutting streets and public improvements, includ- ing easements, d. Existing and proposed contours at five foot (5') intervals or less, e. Location, size, and purpose of plant- ing areas, including those required in RMC 4-4-070, Landscaping, and those required in RMC 4-3-090, Shoreline Mas- ter Program Regulations, 4-8-120D (Revised 3/13)8 - 52.4 f. Location and height for proposed berming, g. Location and elevations for any pro- posed landscape-related structures such as arbors, gazebos, fencing, etc., h. Location, size, spacing and names of existing and proposed shrubs, trees, ground covers, and decorative rockery or like landscape improvements in relation- ship to proposed and existing utilities, and i. The location, size and species of all protected trees on site. Protected trees shall have the approximate drip line shown (see RMC 4-4-130, Tree Reten- tion and Land Clearing Regulations). (Ord. 5100, 11-1-2004; Ord. 5304, 9-17-2007; Ord. 5633, 10-24-2011; Ord. 5676, 12-3-2012) Landscaping Plan, Detailed: A fully dimen- sioned plan, prepared by a landscape archi- tect registered in the State of Washington, a certified nurseryman, or other similarly quali- fied professional, drawn at the same scale as the project site plan (or other scale approved by the Community and Economic Develop- ment Administrator), clearly indicating the fol- lowing: a. Date, graphic scale, and north arrow, b. Location of proposed buildings, prop- erty lines, walks, parking areas, access, and existing buildings to remain, 4-8-120D 8 - 53 (Revised 8/17) c. Names and locations of abutting streets and public improvements, includ- ing easements, d. Existing and proposed contours at five foot (5') intervals or less, e. Detailed grading plan, f. Location, dimensions, and purpose of all planting areas (the width of a land- scaping area when curbed shall be mea- sured from inside to inside of the curbs) including those required in RMC 4-4-070, Landscaping, g. Location and height for proposed berming, h. Locations, elevations, and details for any proposed landscape-related struc- tures such as arbors, gazebos, fencing, etc., i. Location, size, spacing and names of existing and proposed shrubs, trees, ground covers, and decorative rockery or like landscape improvements in relation- ship to proposed and existing utilities, j. The location, size and species of all protected trees on site. Protected trees shall have the approximate drip line shown (see RMC 4-4-130, Tree Reten- tion and Land Clearing Regulations), k. Names of existing and proposed veg- etation, and l. Detailed planting plan (soil mix, plant- ing depth and width, and bark mulch depth). (Ord. 5100, 11-1-2004; Ord. 5304, 9-17-2007; Ord. 5676, 12-3-2012) Lease Agreement, Draft: A draft lease agreement with the landholder, or separate equivalent documentation that: a. Allows the landholder to enter into leases with other providers; and b. Specifies that if the provider fails to remove the facility upon six (6) months of its discontinued use, the responsibility for removal falls upon the landholder. Letter from Property Owner: A letter from the private property owner granting permis- sion for the temporary use of the property. Letter of Conformance with Geotechnical Report: A letter submitted by the applicant stating structural plans were prepared con- sistent with the findings of the geotechnical report and stamped by a structural engineer. The plans and specifications shall be accom- panied by a letter from the geotechnical engi- neer who prepared the geotechnical report stating that in his or her judgment, the plans and specifications conform to the recommen- dations in the geotechnical report and the risk of damage to the proposed development site and downslope properties from potentially hazardous conditions will be minimal subject to the conditions set forth in the report. (Ord. 4835, 3-27-2000) Letter of Understanding Geologic Risk: The applicant, or the owner of the site, shall submit a letter to the City, with the plans and specifications, stating that he or she under- stands and accepts the risk of developing in an unstable area and that he or she will ad- vise, in writing, any prospective purchasers of the site, or any prospective purchasers of structures or portions of structures on the site, of the unstable potential of the area. (Ord. 4835, 3-27-2000) List of Current Property Owners: A listing of all current property owners and their mail- ing addresses and King County Assessor’s account numbers within three hundred feet (300') of the boundaries of the subject site as obtained from a title company or the King County Assessor’s office. The list shall in- clude a notarized statement from the appli- cant attesting that the ownership information provided is current and accurate. Current shall mean obtained within the past thirty (30) days unless otherwise approved by the De- velopment Services Division. Lot Line Adjustment Map: A drawing of the proposed lot line adjustment prepared on an eighteen inch by twenty four inch (18" x 24") sheet of mylar by a licensed land surveyor complying with the City’s surveying stan- dards, including the following: 4-8-120D (Revised 8/17)8 - 54 a. Name of the proposed lot line adjust- ment (e.g., Smith/Larsen Lot Line Adjust- ment), b. Space reserved for “City of Renton File Number” (large type) at top of first sheet, c. Space reserved for City of Renton “land record number” (small type) at bot- tom left of first sheet, d. Legal description of each existing and proposed lot. If a metes and bounds description is used, it must be stamped by a licensed surveyor, e. Date, graphic scale (one inch equals forty feet (1" = 40'), unless otherwise ap- proved by the Department), and north ar- row, f. Names, locations, widths, types, and dimensions of adjacent and on-site streets, alleys, and easements, g. Lot lines with all property lines dimen- sioned and square footage of each lot, h. Parcels identified as Lot 4, Lot 3, etc., i. “Old” lot line(s) and “new” lot line(s) clearly labeled and differentiated by line type and/or thickness (indicated dis- tance(s) moved), j. Addresses for each lot and new street names in accordance with the street grid system regulations of chapter 9-11 RMC, k. Total square footage of existing and revised lots, l. Ground floor square footage of all structures, m. Location, dimensions and square footage of any existing structures to re- main, and dimensioned distances to property lines, n. Location of existing conditions (such as wetlands, steep slopes, watercourses) on or adjacent to the site which could hin- der development. 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, o. Reservations, restrictive covenants, easements, description of any areas to be dedicated to public use with notes stating their purpose, and any limitations, and identifying the grantee and, if the grantee is the City, a statement of provi- sions reserving, granting and/or convey- ing the area with a description of the rights and purposes must be shown, p. Coordinates pursuant to City survey- ing standards for permanent control mon- uments, q. Location of all interior permanent control monuments pursuant to City sur- veying standards, r. Statement of equipment and proce- dure used pursuant to WAC 332-130-100, s. Basis of bearing pursuant to WAC 332-130-150(1)(b)(iii), t. Date the existing monuments were visited pursuant to WAC 332-130-050(1)(f)(iv), u. Verification that permanent markers are set at corners of the proposed lots, v. Statement of discrepancies, if any, between bearings and distances of re- cord and those measured or calculated, w. Surveyor’s testament, stamp and signature, x. Certification by a State of Washing- ton licensed land surveyor that a survey has been made and that monuments and stakes have been set, y. Notarized signatures of all property owners having an interest in the property, certifying ownership and approval of the proposal, 4-8-120D 8 - 54a (Revised 8/17) z. Signature and date line(s) for the King County Assessor, and aa. Signature and date line(s) for the Community and Economic Development Administrator. (Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012; Ord. 5757, 6-1-2015; Ord. 5841, 6-12-2017) (Revised 5/16)8 - 54b This page left intentionally blank. 4-8-120D 8 - 54.1 (Revised 2/04) 13. Definitions M: Mailing Labels: Self-adhesive mailing labels including the name, mailing address, and King County Assessor’s account numbers (optional) for all property owners within three hundred feet (300′) of the boundaries of the subject site. Map of Existing Site Conditions: A plan drawn at the same scale as, or combined with, the grading plan or topography map showing existing topographical or five foot (5′) contours or less, and structural and natu- ral features. The plan shall include major trees, shrubs, large rocks, creeks and water- sheds, floodplains, buildings, roadways and trails. (Amd. Ord. 4835, 3-27-2000) Map of View Area: A diagram or map depict- ing where within a one-quarter (1/4) mile ra- dius any portion of the proposed facility could be seen. Master Application Form: The standardized application form used for the majority of land use permit applications including, but not lim- ited to, the following: a. Owner, applicant, and contact per- son names, addresses and telephone numbers, b. Notarized signatures of all current property owners, c. Name of the proposed project, d. Project/property address, e. King County Assessor’s tax account number, f. Existing and proposed land uses, g. Existing and, if applicable, proposed Comprehensive Plan map designation, h. Existing and, if applicable, proposed zoning designation, i. Site area, j. Estimated project cost, k. Whether or not the project site con- tains any environmentally sensitive ar- eas, and l. Property legal description. Master Plan: A single fully dimensioned plan sheet drawn at a scale of one inch equals twenty feet (1′′ = 20′) (or other scale ap- proved by the Development Services Division Director) consisting of a conceptual plan indi- cating the following: a. Information from Site Plan, items a, b, and c, b. A legend listing the following must be included on one of the sheets: • Total square footage of the site, • Square footage (by floor and overall total) of each individual building and/ or use, • Total estimated square footage of all buildings (footprint of each building) • Percentage estimate of lot coverage, • Square footage estimate of all land- scaping (total and parking lot), • Allowable and proposed building height, • Building setbacks proposed and re- quired by Code, • Parking analysis, including estimated number, size, and type of stalls re- quired, by use; and number of stalls provided, by use, c. General location and size of build- ings and uses, d. Phasing of development, e. Major access points and access to public streets, vehicle and pedestrian cir- culation, public transit stops, f. Critical areas, 4-8-120D (Revised 2/04)8 - 54.2 g. Focal points within the project (e.g., public plazas, art work, gateways both into the site and into the City, etc.), h. Private and public open space provi- sions, and recreation areas, i. View corridors, j. Public access to water and/or shore- line areas. (Ord. 5028, 11-24-2003) Mechanical Plans: Plans as required per section 113 of the currently adopted Uniform Mechanical Code (UMC) and section 1141 of the currently adopted Washington State En- ergy Code (WSEC) along with Statewide amendments. Monument Card: A form provided by the City Technical Services Division and filled out by a surveyor providing information regarding a single monument, including the section, township and range, method of location, type of mark found or set, manner of re-establish- ment of the single monument (if applicable), description, and a drawing showing the loca- tion of a single monument and indicating a reference point to that monument. 14. Definitions N: Neighborhood Detail Map: A map, drawn at a scale of one inch equals one hundred feet (1″ = 100′) or one inch equals two hundred feet (1″ = 200′) (or other scale approved by the Development Services Division Director). The map shall show the location of the sub- ject site relative to the property boundaries of the surrounding parcels within approximately one thousand feet (1,000′) or approximately two thousand five hundred feet (2,500′) for properties over five (5) acres and identifying the subject site with a darker perimeter line than that of surrounding properties. The map shall also show the property’s lot lines, exist- ing land uses, building outlines, City bound- aries of the City of Renton (if applicable), north arrow (oriented to the top of the plan sheet), graphic scale used for the map, and City of Renton (not King County) street names for all streets shown. (Amd. Ord. 4963, 5-13-2002) Nonconformity Relationship and Compat- ibility Narrative: For nonconforming use or structure rebuild approval permits, include drawings, photographs, or other visual aids that show the relationship of the existing structure or building to its surroundings. In- clude studies or reports that support the ap- plicant’s contention that the existing nonconforming use or structure is compatible with the surrounding area and its uses. (Ord. 4963, 5-13-2002) Notation of Geologic Risk by Engineer: A letter of notation on the design drawings pre- pared by a structural engineer and submitted at the time of the permit application stating that he or she has reviewed the geotechnical report, understands its recommendations, has explained or has had explained to the owner the risks of loss due to earth move- ment on the site, and has incorporated into the design the recommendations of the geo- technical report and established measures to reduce the potential risk of injury or damage that might be caused by any earth movement predicted in the report. (Ord. 4835, 3-27-2000; Amd. Ord. 4963, 5-13-2002) 15. Definitions O: Operating Permit Application, Aquifer Protection Area: An application package in- cluding the following: a. Upon request by the Department, a hazardous materials inventory statement and/or Material Safety Data Sheets for hazardous materials that are or will be on the premises; b. A list of the chemicals to be moni- tored through the analysis of groundwa- ter samples if groundwater monitoring is anticipated to be required; c. A detailed description of the activities conducted at the facility that involve the storage, handling, treatment, use or pro- duction of hazardous materials in quanti- ties greater than the de minimis amounts specified in RMC 4-3-050C6a(ii)(1); d. A description of the containment de- vices used to comply with the require- ments of this Section; 4-8-120D 8 - 55 (Revised 5/18) e. A description of the procedures for inspection and maintenance of contain- ment devices; f. A description of how hazardous mate- rials will be legally disposed; g. A site map showing the following: i. Property boundaries, ii. Building and other structures lo- cated on the property, iii. Secondary containment de- vices, and iv. Floor and yard drains with a note as to whether the drain is to storm or sanitary sewer. (Ord. 4851, 8-7-2000; Amd. Ord. 4992, 12-9-2002) Operating Rules for Secure Community Treatment Facility (SCTF): A written state- ment outlining how the operation of the SCTF complies with RCW 71.09.295 through 71.09.350, including but not limited to daily operating hours, activities of occupants, pro- cedures for off-site activities, if any, and visi- tation procedures for nonresidents, including professional care providers, family members, or other service providers. (Ord. 4982, 9-23-2002) 16. Definitions P: Parking, Lot Coverage, Landscaping Analysis: A listing of the following informa- tion (may also be included on the first sheet of the site plan): a. Total square footage of the site, b. Total square footage of existing area(s) of impervious surfacing, c. Total square footage of existing natu- ral/undeveloped area, d. Square footage (by floor and overall total) of each individual building and/or use, e. Total square footage of the footprints of all buildings, f. Percentage of lot covered by build- ings or structures, g. Total pavement square footage both existing pavement to remain plus new pavement proposed to be installed, h. Square footage of any on-site wet- lands, i. Parking analysis to include the total number of parking spaces required and provided, number of compact and “ADA accessible” spaces provided, and park- ing space dimensions, j. Square footage of landscaping for each area, for interior parking lot land- scaping, and total, k. Allowable and proposed building height, l. Building setbacks required by Code, and m. Proposed building setbacks. (Ord. 4587, 3-18-1996) Photosimulations: Photosimulations of the proposed facility from affected residential properties and public right-of-way at varying distances. This shall include a diagram de- picting where the photosimulations were taken. Plan Reductions: Eight and one-half inch by eleven inch (8-1/2" x 11") white, opaque re- ductions of full size plan sheets including ele- vations, landscape plans, conceptual utility plans, site plan, and neighborhood detail/vi- cinity map which will yield legible photocop- ies. Plat Certificate: A document prepared by a title insurance company documenting the ownership and title of all interested parties in the plat, subdivision, or dedication and listing all encumbrances. In the case of a final plat, the certificate shall be dated within forty five (45) days prior to the approval of the final plat. (Ord. 5868, 12-11-2017) Plumbing Plan: Plans as required per sec- tion 30.2 of the currently adopted Uniform 4-8-120D (Revised 5/18)8 - 56 Plumbing Code (UPC) and Statewide amendments. Preliminary Plat or Binding Site Plan: A plan, with a two-inch (2") border on the left edge and one-half-inch (1/2") on all other sides, prepared by a State of Washington registered land surveyor in accordance with RCW 18.43.020 and/or chapter 58.17 RCW, fully dimensioned, drawn at a scale of one inch equals forty feet (1" = 40') on an eighteen inch by twenty four inch (18" x 24") plan sheet (or other size or scale approved by the Devel- opment Services Division Director) and shall include the following: a. Name of the proposed preliminary plat or binding site plan (and space for the future City file numbers). b. Names and addresses of the engi- neer, licensed land surveyor, and all property owners. c. Legal description of the property to be subdivided. d. Date, graphic scale, and north arrow oriented to the top of the paper/plan sheet. e. Vicinity map (a reduced version of the neighborhood detail map as defined above). f. Drawing of the subject property with all existing and proposed property lines dimensioned. Lots designated by number within the area of the lot. Tracts shall be similarly designated and each tract shall be clearly identified with the ownership and purpose. Indicate the required yards (setbacks) with dashed lines. g. Location of the subject site with re- spect to the nearest street intersections (including intersections opposite the sub- ject property), alleys and other rights-of- way. h. Names, locations, types, widths and other dimensions of existing and pro- posed streets, alleys, easements, parks, open spaces and reservations. (Ord. 4587, 3-18-1996) i. Location, distances from existing and new lot lines, and dimensions of any ex- isting and proposed structures, existing trees on and abutting the site, existing or proposed fencing or retaining walls, free- standing signs, and easements. j. Location of existing conditions on or adjacent to the site which could hinder development. Include boundaries of util- ity, 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. k. Flood hazard information and bound- ary on the subdivision drawing including the nature, location, dimensions, and ele- vations of the subdivided area. (Ord. 4835, 3-27-2000) l. A legend listing the following included on the first sheet of the preliminary plat plan: i. Total area in acres, ii. Proposed number of lots, iii. Zoning of the subject site, iv. Proposed square footage in each lot, and v. Percentage of land in streets and open space. m. Access and Utilities: Indicate how the proposed subdivision will be served by streets and utilities, show how access will be provided to all lots, and the loca- tion of sewer and water lines. n. Contours and Elevations: Shall in- clude contour and/or elevations (at five foot (5') vertical intervals minimum) to the extent necessary to accurately predict drainage characteristics of the property. Approximate, estimated contour lines shall be extended at least one hundred feet (100') beyond the boundaries of the proposed plat. 4-8-120D 8 - 57 (Revised 5/18) o. Zoning: Shall indicate the zoning ap- plicable to the land to be platted, subdi- vided or dedicated and of the land adjacent and contiguous. (Ord. 4954, 2-11-2002; Ord. 5757, 6-1-2015) Project Information Sheet: An eight and one-half inch by eleven inch (8-1/2" x 11") sheet of paper listing the following informa- tion: a. Job address, b. Property owner’s name, c. King County Tax Assessor’s number, d. Legal description of property. Project Narrative: A clear and concise de- scription and summary of the proposed proj- ect, including the following: a. Project name, size and location of site, b. Zoning designation of the site and adjacent properties, c. Current use of the site and any exist- ing improvements, d. Special site features (i.e., wetlands, water bodies, steep slopes), e. Statement addressing soil type and drainage conditions, f. Proposed use of the property and scope of the proposed development (i.e., height, square footage, lot coverage, parking, access, etc.), g. Proposed off-site improvements (i.e., installation of sidewalks, fire hydrants, sewer main, etc.), h. Total estimated construction cost and estimated fair market value of the proposed project, i. Estimated quantities and type of ma- terials involved if any fill or excavation is proposed, j. Number, type and size of trees to be removed, k. Explanation of any land to be dedi- cated to the City, and l. For shoreline applications only: i. Name of adjacent water area or wetlands, ii. Nature of existing shoreline – de- scribe: • Type of shoreline (i.e., lake, stream, lagoon, march, bog, floodplain, floodway); • Type of beach (i.e., accretion, erosion, high bank-low bank); • Type of material (i.e., sand, gravel, mud, clay, rock, riprap); and • The extent and type of any bulk- heading, and iii. The number and location of structures and/or residential units (existing and potential) which might have views obstructed as a result of the proposed project, and m. The proposed number, size, and density of the new lots, for subdivision applications only. Project Narrative, Routine Vegetation Management: A project narrative report shall include the following elements: a. A time schedule for all mechanical equipment activities or routine vegetation management activities; b. A plan for the specific work to be per- formed; c. For routine vegetation management on undeveloped properties, the narrative shall include: i. Standards and criteria to be used for routine tree trimming and tree top- ping, 4-8-120D (Revised 5/18)8 - 58 ii. Standards and criteria to be used for ground cover management, and iii. Standards and criteria to be used in determining the location for use of chemicals including insecti- cides and herbicides; d. For use of mechanical equipment the narrative shall include: i. The type of equipment to be used, ii. A description of the specific work to be accomplished using the equip- ment, iii. The measures proposed to pro- tect the site and adjacent properties from the potential adverse impacts of the proposed work and equipment operation. (Ord. 4835, 3-27-2000) Project Sequencing Plan: A narrative that outlines what order development phases will be built in and at what estimated times they will be developed within the life of the associ- ated Master Plan. (Ord. 5028, 11-24-2003) Proposal Description: A complete, un- abridged copy of the proposal (i.e., draft ordi- nance, resolution, plan or policy) and all attachments. Proposal Summary: A concise description of the scope, intent and timing of the proposal. Public Works Approval Letter: Written con- firmation from the Development Services Di- vision Plan Review section that all required improvements have been substantially in- stalled or deferred and authorizing the sub- mittal of the final plat, final short plat, final binding site plan, or final PUD application. 17. Definitions Q: (Reserved) 18. Definitions R: Radio Frequency (RF) Emissions Report: A document completed and/or signed by a ra- dio frequency (RF) engineer that provides in- formation on the radio frequency emissions emanating from the small cell deployment. The RF emissions report shall including infor- mation proving that the small cell deployment will be compliant with all Federal Communica- tions Commission (FCC) and other govern- mental regulations in connection with human exposure to radio frequency emissions for ev- ery frequency at which the small cell facility will operate. (Ord. 5876, 1-22-2018) Rezone Justification: A written statement and other information provided by the appli- cant to support the rezone which may include, but is not limited to: letters, photographs, site development plans, market research reports, and land use maps indicating in a clear and concise manner why the rezone application should be granted and that the rezone re- quest is timely. Roadway Construction Plans: Plans pre- pared by a State of Washington licensed civil engineer as detailed by the document “City of Renton Drafting Standards”, unless other- wise approved by the Development Services Division Plan Review Supervisor. (Ord. 4587, 3-18-1996; Ord. 5369, 4-14-2008) 19. Definitions S: Screening Detail, Refuse/Recycling: A de- tailed plan drawing, prepared to scale, show- ing location within property boundaries, heights, elevations, and building materials of proposed screening or of proposed plantings. (Ord. 4703, 2-2-1998) Service Area Map: A map showing the ser- vice area of the proposed wireless communi- cation facility and an explanation of the need for that facility. Shoreline Conditional Use Justification: A written statement setting forth the reasons in favor of the shoreline conditional use permit application and addressing the criteria listed in RMC 4-9-190I5b which are used by the Hearing Examiner in reviewing the permit re- quest. (Ord. 4587, 3-18-1996) Shoreline Variance Justification: A written statement setting forth the reasons in favor of the shoreline variance application and ad- dressing the criteria listed in RMC 4-9-190I4b which are used by the Hearing Examiner when reviewing the variance request. Short Plat or Binding Site Plan Map, Final: A plan, with a two-inch (2") border on the left 4-8-120D 8 - 58.1 (Revised 5/18) edge and one-half inch (1/2") on all other sides, prepared by a State of Washington registered land surveyor in accordance with RCW 18.43.010, General Provision, as it ex- ists or may be amended, and/or chapter 58.17 RCW, fully dimensioned, drawn at a scale of one inch equals forty feet (1" = 40') on eighteen inch by twenty four inch (18" x 24") plan sheet(s) (or other scale approved by the Planning Division Director). The repro- ducible original shall be in black ink on stabi- lized drafting film and shall include the following: a. Name and location of the short plat or binding site plan, b. Space reserved for “City of Renton file number” (large type) at top of first sheet, c. Space reserved for “City of Renton land record number” (small type) at bot- tom left of first sheet, d. Legal description of the property, e. Date, graphic scale, and north arrow, f. Vicinity map (a reduced version of the “neighborhood detail map” as defined above), g. Names, locations, widths and other dimensions of existing and proposed streets, alleys, easements, parks, open spaces and reservations, as well as all utilities, streets, existing and new ease- ments and associated covenants within or abutting the short plat. If a new ease- ment is created on the plat, it must show grantee of easement rights. If the grantee is the City, a statement of easement pro- visions reserving and conveying the easement, with a description of the rights and purposes, needs to be made on the short plat, h. Lots designated by number within the area of the lot. Tracts shall be simi- larly designated and each tract shall be clearly identified with ownership. Lot lines with all property lines dimensioned and square footage of each lot, i. Lot numbers, j. Addresses for each lot and new street names determined by the Department in accordance with the street grid system regulations of chapter 9-11 RMC, k. Reservations, restrictive covenants, easements and any areas to be dedi- cated to public use with notes stating their purpose, and any limitations, and identifying the grantee. If the grantee is the City, a statement of provisions reserv- ing, granting and/or conveying the area with a description of the rights and pur- poses must be shown, l. Coordinates pursuant to City survey- ing standards for permanent control mon- uments, m. All interior permanent control monu- ments located pursuant to City surveying standards, n. Statement of equipment and proce- dure used pursuant to WAC 332-130- 100, o. Basis for bearing pursuant to WAC 332-130-150(1)(b)(iii), p. Date the existing monuments were visited pursuant to WAC 332-130- 050(1)(f)(iv), q. Verification that permanent markers are set at corners of the proposed lots, r. Statement of discrepancies, if any, between bearings and distances of re- cord and those measured or calculated, s. Location, dimensions and square footage of any existing structures to re- main within or abutting the plat, t. Location of existing conditions (such as wetlands, steep slo pes, watercourses) on or adjacent to the site which could hin- der development. Include boundaries of utility, open space, and/or critical area(s) (Revised 5/18)8 - 58.2 This page left intentionally blank. 4-8-120D 8 - 59 (Revised 9/15) 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. u. Reference to all agreements or cove- nants required as a condition of approval, v. For binding site plans only: provi- sions requiring site development to be in conformity with the approved binding site plan, w. Certifications by: i. A State of Washington licensed land surveyor that a survey has been made and that monuments and stakes have been set, ii. The King County Department of Health that the proposed septic sys- tem(s) is acceptable to serve the plat if not served by sewer, x. Signature and date line for: i. All property owners (signatures must be notarized with an ink stamp), ii. The King County Assessor, iii. The Public Works Administrator. (Ord. 4954, 2-11-2002; Ord. 5450, 3-2-2009; Ord. 5547, 8-9-2010; Ord. 5654, 2-13-2012; Ord. 5676, 12-3-2012; Ord. 5702, 12-9-2013; Ord. 5757, 6-1-2015) Short Plat Map, Preliminary: A fully dimen- sioned plan, drawn at a scale of one inch equals forty feet (1" = 40') on an eighteen inch by twenty four inch (18" x 24") plan sheet (or other size or scale approved by the Develop- ment Services Division Director) and includ- ing the following information: a. Name of the proposed short plat (and space for the future City file number); b. Names and addresses of the engi- neer, licensed land surveyor, and all property owners; c. Legal description of the property; d. Date, graphic scale, and north arrow oriented to the top of the paper/plan sheet; e. Vicinity map (a reduced version of the “neighborhood detail map” as defined above); f. A drawing of the subject property with all existing and proposed property lines dimensioned, indicating the required yards (setbacks) with dashed lines; g. Location of the subject site with re- spect to the nearest street intersections (including intersections opposite the sub- ject property), alleys and other rights-of- way, showing how access will be pro- vided to all lots; h. Names, locations, widths and other dimensions of existing and proposed streets, alleys, easements, parks, open spaces and reservations; i. Contours and elevations at minimum five foot (5') vertical intervals to the extent necessary to predict drainage character- istics of the property. Approximate, esti- mated contour lines shall be extended at least one hundred feet (100') beyond the boundaries of the proposed short plat; j. Location and dimensions of any exist- ing and proposed structures, existing trees on and abutting the site, existing or proposed fencing or retaining walls, free- standing signs, and easements; k. Location of existing conditions on or adjacent to the site which could hinder development. Include boundaries of util- ity, 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; l. Flood hazard information and bound- ary on the subdivision drawing including the nature, location, dimensions, and ele- vations of the subdivided area; and 4-8-120D (Revised 9/15)8 - 60 m. A legend listing the following in- cluded on the first sheet of the short plat plan: i. Short plat, ii. Proposed number of lots, iii. Zoning of the subject site, iv. Proposed square footage in each lot, and v. Percentage of land in streets and open space. (Amd. Ord. 4835, 3-27-2000; Ord. 5757, 6-1-2015) Sign Plans: A twenty four inch by thirty six inch (24" x 36") plan drawn by a State of Washington licensed architect at a scale of one inch equals twenty feet (1" = 20') or one inch equals forty feet (1" = 40') (or other size plan sheet or scale approved by the Building Official) clearly indicating the following: a. Footing connections to building, size of supports and materials used in sup- ports and sign itself, b. Elevation showing size and height of any proposed freestanding or projecting signs clearly indicating ground clearance and clearance to overhead power lines, and c. Elevation of building facade for any proposed wall signs showing dimensions of the building as well as existing and pro- posed wall signs. Site Plan: A single fully dimensioned plan sheet drawn at a scale of one inch equals twenty feet (1" = 20') (or other scale approved by the Development Services Division Direc- tor) clearly indicating the following: a. Name of proposed project, b. Date, scale, and north arrow oriented to the top of the paper/plan sheet, c. Drawing of the subject property with all property lines dimensioned and names of adjacent streets, d. Widths of all adjacent streets and al- leys, e. The location of all existing public im- provements including, but not limited to, curbs, gutters, sidewalks, median is- lands, street trees, fire hydrants, utility poles, etc., along the full property front- age, f. Location and dimensions of existing and proposed structures, parking and loading areas, driveways, existing trees on and abutting the site, existing or pro- posed fencing or retaining walls, free- standing signs, easements, refuse and recycling areas, freestanding liquid fix- tures, utility junction boxes, public utility transformers, storage areas, buffer ar- eas, open spaces, and landscaped ar- eas, g. The location and dimensions of natu- ral features such as streams, lakes, marshes and wetlands. Include boundar- ies of utility, open space, and/or critical area(s) tracts, square footage, and pur- pose statement of each tract. Clearly de- lineate the critical area and buffer boundaries within the tract and indicate a dimension for buffer width, h. Ordinary high water mark, existing and proposed, if applicable, i. For wireless communication facilities, indicate type and locations of existing and new plant materials used to screen facility components and the proposed color(s) for the facility, j. A legend listing the following must be included on one of the site plan sheets: i. Total square footage of the site, ii. Square footage (by floor and overall total) of each individual build- ing and/or use, iii. Total square footage of all build- ings (footprint of each building), iv. Percentage of lot coverage, 4-8-120D 8 - 61 (Revised 9/15) v. Square footage of all landscap- ing (total, parking lot, and wildlife habitat), vi. Allowable and proposed building height, vii. Building setbacks required by Code, viii. Proposed building setbacks, ix. Parking analysis, including: • Number of stalls required, by use; number of stalls provided, by use, • Sizes of stalls and angles, • Location and number of handi- cap stalls, compact, employee and/or guest parking stalls, • Location and size of curb cuts, • Traffic flow within the parking, loading, and maneuvering areas and ingress and egress, • Location of wheel stops, • Loading space, • Stacking space, • Location and dimensions of bicy- cle racks, carpool parking spaces, and other facilities de- signed to accommodate access to the site, • Square footage of interior park- ing lot landscaping. k. Footprint of all proposed buildings showing the location of building en- trances, window openings, and land- scape features (required for Urban Center Design Overlay District review packet only), l. Footprint of all abutting and adjacent buildings showing the location of building entrances, window openings, and land- scape features (required for Urban Cen- ter Design Overlay District review packet only), m. For nonconforming use or structure rebuild approval permits: draw on the scaled plan the exact sizes and locations of existing structures and uses, whether damaged or not; write on the scaled plan the dates these structures/uses were es- tablished; on a separate sheet, identify the subject property, abutting lots and buildings and list adjacent and abutting land uses. (Ord. 5028, 11-24-2003; Ord. 5757, 6-1-2015) Site Plan, Commercial, Industrial, Multi- Family: A twenty four inch by thirty six inch (24" x 36") plan drawn by a State of Washing- ton licensed architect at a scale of one inch equals twenty feet (1" = 20') or one inch equals forty feet (1" = 40') (or other size plan sheet or scale approved by the Building Offi- cial) clearly indicating the following: a. Scale and north arrow, b. Legal description, c. Location, identification, and dimen- sions of all buildings, property lines, set- backs, streets, alleys and easements, d. Condition of all public rights-of-way and verification of right to use ease- ments, e. Off-street parking layout and drive- ways, f. Curbs, gutters, sidewalks, paving, storm drainage, meters (domestic and fire), and grease interceptors, g. Grading plan showing proposed and existing contours and site elevations, h. Landscaped areas, irrigation meters, i. Lighting and sign structures (new and existing), j. Location of garbage containers and recycling storage, 4-8-120D (Revised 9/15)8 - 62 k. Fire hydrant locations (new and ex- isting) within three hundred feet (300') of building, l. For wireless communication facilities, indicate type and locations of existing and new plant materials used to screen facility components and the proposed color(s) for the facility, m. General notes addressing the fol- lowing (may be listed on cover sheet): i. Full name of the project, ii. Name, address, and telephone number of owner and agent(s), iii. Existing zoning of the project site, iv. Area, in square feet, of the proj- ect site, v. Reference to the current Interna- tional Building Code (i.e., IBC and date of current adopted version), vi. Proposed use of each building (if multi-family, the number of dwell- ing units), vii. IBC occupancy group designa- tion, viii. IBC type of construction of all buildings, ix. Allowable and proposed building height and number of stories of new buildings, x. Square footage (by floor and overall total) of each individual build- ing and/or use, xi. Total square footage of all build- ings (footprint of each building), xii. Allowable area calculation, xiii. Occupancy load (maximum ca- pacity) of each building, xiv. Percentage of lot coverage, xv. Square footage of all landscap- ing (total, parking lot, and wildlife habitat), xvi. Seismic zone of the project site (e.g., Zone 3), xvii. Floor, roof, and wind design loads, xviii. Identity of special inspection agency selected by the owner to per- form special inspections, xix. Building setbacks required by Code, xx. Proposed building setbacks, xxi. Parking analysis, including: • Number of stalls required, by use; number of stalls provided, by use, • Sizes of stalls and angles, • Location and number of handi- cap stalls, compact, employee and/or guest parking stalls, • Location and size of curb cuts, • Traffic flow within the parking, loading, and maneuvering areas and ingress and egress, • Location of wheel stops, • Loading space, • Stacking space, and • Square footage of interior park- ing lot landscaping. (Ord. 5450, 3-2-2009) Site Plan, Shoreline: A single fully dimen- sioned plan sheet drawn at a scale of one inch equals twenty feet (1" = 20') (or other scale approved by the Development Services Division Director) clearly indicating the infor- mation requested by the “Site Plan, Land Use” with the following additional information: 4-8-120D 8 - 63 (Revised 9/15) a. Ordinary high water mark, existing and proposed; b. Name of water body. Site Plan, Sign: A twenty four inch by thirty six inch (24" x 36") plan drawn at a scale of one inch equals twenty feet (1" = 20') or one inch equals forty feet (1" = 40') (or other size plan sheet or scale approved by the Building Official) clearly indicating the following: a. Scale and north arrow, b. Location, identification and dimen- sions of all buildings, property lines, ex- isting and proposed signs, streets, alleys and easements, and the setbacks from property lines and easements, trees to be removed or altered, distance in feet from any critical areas/buffers, c. Location and dimensions of off-street parking layouts and driveways, d. Location and dimensions of the land- scaped areas, e. General notes addressing the follow- ing (may be listed on cover sheet): i. Note if any proposed signage will flash or be animated, ii. Name, address and telephone number of owner and agent(s), iii. Zoning of the project site, iv. Street frontage(s) (in feet) for the site or, for multiple tenants building, indicate frontage of individual tenant space, v. Type (e.g., freestanding, wall, etc.), size and number of all existing signs, vi. Type, size and number of all pro- posed signs, vii. Reference to the current Uni- form Sign Code (USC and year of current adopted version), and viii. Wind design loads. (Ord. 5757, 6-1-2015) Site Plan, Single Family/Duplex: An eight and one-half inch by eleven inch (8-1/2" x 11") plan drawn at a scale of one inch to twenty feet (1" to 20') or one inch to forty feet (1" to 40') (or other size plan sheet or scale approved by the Building Official) clearly indi- cating the following: a. Legal description, b. Explanation of scope of work, c. Existing and proposed construction labeled and differentiated by pattern or line type, d. Dimensions of all property lines and all building setbacks to property lines, e. Dimensions and labels for all streets, alleys, easements, and critical areas, f. Lot size in square feet, g. Location and footprint size in square feet of all existing and proposed struc- tures on property including decks, car- ports, storage sheds, and garages, h. Location and dimensions of ap- proaches, driveways and public side- walks, i. Elevation at property corners and contour lines at two foot (2') height inter- vals, showing proximity to steep slopes, j. Finished floor elevation for properties located within a flood zone, k. The location, height and length of re- taining walls, rockeries, etc., l. Location and distance in feet of near- est fire hydrant to structure, m. Location of any pool/spa and set- back dimensions to property lines and the location of the required six foot (6') fence, and n. Location of all trees on and abutting the site. Indicate which trees are to be re- 4-8-120D (Revised 9/15)8 - 64 moved and depict drip lines for those trees to be retained. (Ord. 5757, 6-1- 2015) Siting Process Report for Use Permits for Secure Community Treatment Facilities (SCTF), Crisis Diversion Facilities (CDF) or Crisis Diversion Interim Service Facili- ties (CDIS): A narrative report describing the process used to evaluate alternative sites for the proposed SCTF, CDF or CDIS activity and the basis for the recommendation to lo- cate the facility at the recommended site. A minimum of three alternative sites shall be addressed. (Ord. 4982, 12-9-2002; Ord. 5577, 11-15-2010) Source Statement, Fill Material, Aquifer Protection Area: A source statement provid- ing the following information: a. The source location of imported fill; b. Previous land uses of the source lo- cation; c. Whether or not earth materials to be removed from the source location are na- tive, undisturbed soil; d. Whether or not the source location appears on government lists of contami- nated sites including those developed pursuant to the State Model Toxics Con- trol Act and the Federal Comprehensive Environmental Response, Compensa- tion, and Liability Act; e. Results of sampling and analysis pur- suant to RMC 4-4-060N4h, Fill Material, Sample and Analysis Procedures; and f. Whether or not imported fill meets fill quality standards described in RMC 4-4-060N4a, Fill Material, Construction, Demolition and Land Clearing Waste Prohibited, and RMC 4-4-060N4b, Fill Material, Cleanliness of Fill Material. (Ord. 4851, 8-7-2000) Special Inspection: A building inspection as required to property lines and the location of the required six foot (6') fence. Stream and Lake Data: Repealed by Ord. 5137. (Ord. 4835, 3-27-2000; Amd. Ord. 4963, 5-13-2002) Stream or Lake Mitigation Plan, Prelimi- nary: The mitigation plan must ensure com- pensation for impacts that result from the chosen development alternative or from a vi- olation as identified in the impact evaluation. A mitigation plan must include: a. Site Map: Site map(s) indicating, at a scale no smaller than one inch equals twenty feet (1" = 20') (unless otherwise approved by the Administrator): i. The entire parcel of land owned by the applicant, including one hun- dred feet (100') of the abutting par- cels through which the water body(ies) flow(s); ii. The ordinary high water mark (OHWM) determined in the field by a qualified biologist pursuant to RMC 4-3-050G7 (the OHWM must also be flagged in the field); iii. Stream or lake classification, as recorded in the City of Renton Water Class Map as identified in the City of Renton’s COR Maps, the City’s on- line interactive mapping application available through the City’s website, or RMC 4-3-090 (if unclassified, see “Supplemental Stream or Lake Study”); iv. Topography of the site and abut- ting lands in relation to the stream(s) and its/their buffer(s) at contour inter- vals of two feet (2') where slopes are less than ten percent (10%), and of five feet (5') where slopes are ten percent (10%) or greater; v. One hundred (100) year flood- plain and floodway boundaries, in- cluding one hundred feet (100') of the abutting parcels through which the water body(ies) flow(s); vi. Site drainage patterns, using ar- rows to indicate the direction of major drainage flow; 4-8-120D 8 - 65 (Revised 9/15) vii. Top view and typical cross-sec- tion views of the stream or lake bed, banks, and buffers to scale; viii. The vegetative cover of the en- tire site, including the stream or lake, banks, riparian area, and/or abutting wetland areas, extending one hun- dred feet (100') upstream and down- stream from the property line. Include position, species, and size of all trees of at least six inch (6") cali- per and larger, fifty four inches (54") above grade, and the location, size and species of all protected trees on the site that are within one hundred feet (100') of the OHWM, and the lo- cation of any measures to protect trees on and abutting the site; ix. The location, width, depth, and length of all existing and proposed structures, roads, stormwater man- agement facilities, wastewater treat- ment and installations in relation to the stream/lake and its/their buf- fer(s); x. Location of site access, ingress and egress; and xi. Location of where all mitigation or remediation measures have taken place on the site, or are proposed to take place. b. Mitigation narrative on eight-and- one-half-inch (8.5") by eleven-inch (11") paper that includes the following ele- ments: i. Description of the mitigation plan, which includes a summary of mitiga- tion proposal required in the supple- mental stream or lake study; and ii. Performance standards with spe- cific criteria provided for evaluating whether or not the goals and objec- tives of the project are achieved; and iii. Documentation of coordination with appropriate local, regional, spe- cial district, state, and federal regula- tory agencies; and iv. Evaluation of each of the mitiga- tion plan criteria found in RMC 4-3-050L; and v. Analysis, for projects proposing buffer reduction with buffer averag- ing, of the effectiveness of the pro- posed Buffer Enhancement shall be provided. Additionally, a detailed analysis of the project’s compliance with each of the following criteria: (a) It will provide an overall im- provement in water quality; and (b) It will provide an overall en- hancement to fish, wildlife, or their habitat; and (c) It will provide a net improve- ment in drainage and/or storm- water detention capabilities; and (d) It will not be materially detri- mental to any other property or the City as a whole; and (e) It will stabilize all exposed areas with native vegetation, as appropriate; and vi. An analysis, for projects propos- ing buffer averaging, of the effective- ness of the proposed Buffer Enhancement, as well as documen- tation that the proposed buffer stan- dard is based on consideration of the best available science as described in WAC 365-195-905 shall be pro- vided. Additionally, detailed analysis of the project’s compliance with each of the following criteria: (a) There are existing physical improvements in or near the wa- ter body and associated riparian area; and (b) Buffer width averaging will result in no net loss of stream/ lake/riparian ecological function; and (c) The total area contained within the buffer after averaging is no less than that contained 4-8-120D (Revised 9/15)8 - 66 within the required standard buf- fer width prior to averaging. (Ord. 5137, 4-25-2005; Ord. 5633, 10-24-2011; Ord. 5676, 12-3-2012; Ord. 5757, 6-1-2015) Stream or Lake Study, Standard: A report shall be prepared by a qualified biologist and include the following information: a. Site Map: Site map(s) indicating, at a scale no smaller than one inch equals twenty feet (1" = 20') (unless otherwise approved by the Community and Eco- nomic Development Administrator): i. The entire parcel of land owned by the applicant, including one hun- dred feet (100') of the abutting par- cels through which the water body(ies) flow(s); ii. The ordinary high water mark (OHWM) determined in the field by a qualified biologist pursuant to RMC 4-3-050L1b (the OHWM must also be flagged in the field); iii. Stream or lake classification, as recorded in the City of Renton’s COR Maps, the City’s online interactive mapping application available through the City’s website, for the City of Renton Water Class or RMC 4-3-090 (if unclassified, see “Supple- mental Stream or Lake Study” be- low); iv. Topography of the site and abut- ting lands in relation to the stream(s) and its/their buffer(s) at contour inter- vals of two feet (2') where slopes are less than ten percent (10%), and of five feet (5') where slopes are ten percent (10%) or greater; v. One hundred (100) year flood- plain and floodway boundaries, in- cluding one hundred feet (100') of the abutting parcels through which the water body(ies) flow(s); vi. Site drainage patterns, using ar- rows to indicate the direction of major drainage flow; vii. Top view and typical cross-sec- tion views of the stream or lake bed, banks, and buffers to scale; viii. The vegetative cover of the en- tire site, including the stream or lake, banks, riparian area, and/or abutting wetland areas, extending one hun- dred feet (100') upstream and down- stream from the property line. Include position, species, and size of all trees of at least six inch (6") cali- per and larger, fifty four inches (54") above grade, and the location, size and species of all protected trees on the site that are within one hundred feet (100') of the OHWM, and the lo- cation of measures to protect trees on and abutting the site; ix. The location, width, depth, and length of all existing and proposed structures, roads, stormwater man- agement facilities, wastewater treat- ment and installations in relation to the stream/lake and its/their buf- fer(s); and x. Location of site access, ingress and egress. b. Grading Plan: A grading plan pre- pared in accordance with RMC 4-8-120D7, and showing contour inter- vals of two feet (2') where slopes are less than ten percent (10%), and of five feet (5') where slopes are ten percent (10%) or greater. c. Stream or Lake Assessment Nar- rative: A narrative report on eight-and- one-half-inch (8.5") by eleven-inch (11") paper shall be prepared to accompany the site plan and describes: i. The stream or lake classification as recorded in the City of Renton’s COR Maps, the City’s online interac- tive mapping application available through the City’s website, for the City of Renton Water Class or RMC 4-3-090; ii. The vegetative cover of the site, including the stream or lake, banks, riparian area, wetland areas, and 4-8-120D 8 - 67 (Revised 9/15) flood hazard areas extending one hundred feet (100') upstream and downstream from the property line, including the impacts of the proposal on the identified vegetation; iii. The ecological functions cur- rently provided by the stream/lake and existing riparian area and the im- pacts of the proposal on the identified ecological functions; iv. Observed or reported fish and wildlife that make use of the area in- cluding, but not limited to, salmonids, mammals, and bird nesting, breed- ing, and feeding/foraging areas, in- cluding the impacts of the proposal on the identified fish and wildlife; v. Measures to protect trees, as de- fined in RMC 4-11-200, and vegeta- tion; and vi. For shorelines regulated under RMC 4-3-090, Shoreline Master Pro- gram Regulations, the study shall demonstrate if the proposal meets the criteria of no net loss of ecologi- cal functions as described in RMC 4-3-090D2. If the proposal requires mitigation for substantial impacts to the existing vegetation buffer in order to demonstrate no net loss of ecolog- ical functions, a supplemental stream or lake study is required. (Ord. 5137, 4-25-2005; Ord. 5633, 10-24-2011; Ord. 5676, 12-3-2012; Ord. 5757, 6- 1-2015) Stream or Lake Study, Supplemental (AKA Mitigation Plan, Final): The application shall include the following information: a. Unclassified Stream Assessment: If the site contains an unclassified stream, a qualified biologist shall provide a proposed classification of the stream(s) based on RMC 4-3-050L1 and a rationale for the proposed rating. b. Analysis of Alternatives: A supple- mental report on eight-and-one-half-inch (8.5") by eleven-inch (11") paper pre- pared by a qualified biologist shall evalu- ate alternative methods of developing the property. The following alternatives shall be analyzed, including justification of the feasibility of each alternative: i. Avoid any disturbances to the stream, lake or buffer by not taking a certain action, by not taking parts of an action, or by moving the action; ii. Minimize any stream, lake or buf- fer impacts by limiting the degree or magnitude of the action and its imple- mentation by using appropriate tech- nology and engineering, or by taking affirmative steps to avoid or reduce the impacts; iii. Rectifying the impacts by repair- ing, rehabilitating, or restoring the af- fected area; iv. Reducing or eliminating the ad- verse impact over time by preserva- tion and maintenance operations over the life of the action; v. Compensate for any stream, lake or buffer impacts by replacing, en- hancing, or providing similar substi- tute resources or environments and monitoring the impact and taking ap- propriate corrective measures. c. Impact Evaluation: i. An impact evaluation for any un- avoidable impacts prepared by a qualified biologist, to include: (a) Identification, by character- istics and quantity, of the re- sources (stream, lake) and corresponding functional values found on the site; (b) Evaluation of alternative lo- cations, design modifications, or alternative methods of develop- ment to determine which op- tion(s) reduce(s) the impacts on the identified resource(s) and functional values of the site; (c) Determination of the alter- native that best meets the appli- cable approval criteria and 4-8-120D (Revised 9/15)8 - 68 identify significant detrimental impacts that are unavoidable; (d) Evaluation of the cumula- tive impacts on the system, to the extent that the site resources and functional values are part of a larger natural system such as a watershed; (e) Evaluation, for shorelines regulated by RMC 4-3-090, of how the preferred alternative achieves the standard of no net loss of ecological functions un- der RMC 4-3-090D2; (f) Evaluation of each of the mitigation plan criteria found in RMC 4-3-050K1, Mitigation Plan Required. ii. For a violation, the impact evalu- ation must also include: (a) Description, by characteris- tics and quantity, of the re- source(s) and functional values on the site prior to the violations; and (b) Determination of the impact of the violation on the re- source(s) and functional values. d. Mitigation Proposal Shall Include the Following: i. A site plan, at a scale approved by the City, containing all the ele- ments of the site plan required in the standard stream and lake study, and the following: (a) Indication of where pro- posed mitigation or remediation measures will take place on the site; (b) Separate indication of ar- eas where revegetation is to take place and areas where vegeta- tion is anticipated to be removed; (c) Measures to protect trees on and abutting the site; and (d) Any other areas of impact with clear indication of type and extent of impact indicated on site plan. ii. A mitigation narrative on eight- and-one-half-inch (8.5") by eleven- inch (11") paper addressing all of the following: (a) Resource(s) and functional values to be restored, created, or enhanced on the mitigation site(s); (b) Environmental goals, objec- tives, and performance stan- dards to be achieved by mitigation; (c) Discussion of compliance with criteria or conditions allow- ing for the proposed stream/lake alteration or buffer reduction or buffer averaging, and a discus- sion of conformity to applicable mitigation plan approval criteria; (d) A review of the best avail- able science supporting the pro- posed request for a reduced standard and/or the method of impact mitigation; a description of the report author’s experience to date in restoring or creating the type of critical area pro- posed; and an analysis of the likelihood of success of the com- pensation project; and (e) Cost estimates for imple- mentation of mitigation plan for purposes of calculating surety device. iii. For shorelines regulated by RMC 4-3-090, a discussion of how the proposed plans meet or exceed the standard of no net loss of ecolog- ical functions under RMC 4-3-090D2; iv. The proposed construction schedule. e. Monitoring and Maintenance Plan: The plan shall be on eight-and-one-half- 4-8-120D 8 - 69 (Revised 9/15) inch (8.5") by eleven-inch (11") paper that includes the following elements: i. Operations and maintenance practices for protection and mainte- nance of the site; and ii. Monitoring and evaluation proce- dures, including minimum monitoring standards, measurable success cri- teria, and timelines (i.e., annual, semi-annual, quarterly); and iii. Contingency plan with remedial actions for unsuccessful mitigation. f. Surety Device: A surety device in one hundred fifty percent (150%) of the estimated cost of remedial actions if the mitigation plan is unsuccessful must be filed with the City of Renton. g. Permit Conditions: Any compensa- tion project prepared for mitigation pursu- ant to RMC 4-3-050 and approved by the City shall become part of the application for project approval. h. Demonstration of Competence: A demonstration of financial resources, ad- ministrative, supervisory, and technical competence and scientific expertise of sufficient standing to successfully exe- cute the compensation project shall be provided. A compensation project man- ager shall be named and the qualifica- tions of each team member involved in preparing the mitigation plan and imple- menting and supervising the project shall be provided, including educational back- ground and areas of expertise, training and experience with comparable proj- ects. (Ord. 5137, 4-25-2005; Ord. 5633, 10-24-2011; Ord. 5757, 6-1-2015) Street Lighting Plan: Drawing showing the proposed lighting system, including luminar- ies, junction boxes, electric wiring, and wiring diagrams using the same scale as the utility plans (or as approved by the Development Services Division Plan Review Supervisor) and conforming to the City of Renton Drafting Standards and the City of Renton Street Light Standards. Structural Calculations: An analysis of loads, materials, etc., prepared and stamped by a State of Washington licensed profes- sional engineer. Structural Plans: Twenty four inch by thirty six inch (24" x 36") plans prepared and stamped by a State of Washington licensed professional engineer drawn at a scale of one-eighth inch equals one foot (1/8" = 1') (or other size or scale approved by the Building Official) clearly indicating the information re- quired by the currently adopted International Building Code and chapter 19.27 RCW (State Building Code Act, Statewide amendments), including, but not limited to, the following: a. Structural members labeled as to size and spacing as well as bracing, blocking, bridging, special connectors, and anchor bolts, b. Cross-section details, as needed, to show typical foundation, floor, wall, ceil- ing and roof construction; insulation of walls, floors and roof/ceiling, and c. Details of stairs, fireplaces and spe- cial construction, if any. (Ord. 5450, 3-2-2009) Survey: A sketch showing all distances, an- gles and calculations required to determine corners and distances of the plat shall ac- company this data. The allowable error of clo- sure shall not exceed one foot (1') in ten thousand feet (10,000') per City surveying standards. Shall be accompanied by a com- plete survey of the section or sections in which the plat or replat is located, or as much thereof as may be necessary to properly ori- ent the plat within such section or sections. The plat and section survey shall be submit- ted with complete field and computation notes showing the original or re-established corners with descriptions of the same and the actual traverse showing error of closure and method of balancing. 20. Definitions T: Topography Map: A map showing the exist- ing land contours using vertical intervals of not more than five feet (5'). For any existing buildings the map shall show the finished floor elevations of each floor of the building. 4-8-120D (Revised 9/15)8 - 70 Traffic Study: A report prepared by a State of Washington licensed engineer containing the elements and information identified in the City of Renton “Policy Guidelines for Traffic Im- pact Analysis of New Development” in suffi- cient detail to define potential problems related to the proposed development and identify the improvements necessary to ac- commodate the development in a safe and efficient manner. Tree Retention/Land Clearing (Tree Inven- tory) Plan: A completed tree retention work- sheet accompanied by a full dimensional plan, drawn by a certified arborist or a li- censed landscape architect, based on fin- ished grade, drawn at the same scale as the project site plan with the northern property line at the top of the paper clearly showing the following: a. All property boundaries and adjacent streets; b. Location of all areas proposed to be cleared; c. Species and sizes of vegetation to be re- moved, altered or retained and the boundar- ies and predominant species of stands of trees consisting of five (5) or more trees. This requirement applies only to trees six inch (6") caliper and larger, fifty four inches (54") above grade, and the location, size and spe- cies of all protected trees on the site; d. For trees proposed to be retained, a com- plete description of each tree’s health, condi- tion, and viability; e. For trees proposed to be retained, a de- scription of the method(s) used to determine the limits of disturbance (i.e., critical root zone, root plate diameter, or a case-by-case basis description for individual trees); f. For trees proposed to be preserved within a tree protection tract, any special instruc- tions for maintenance (e.g., trimming, ground clearing, root pruning, monitoring, aftercare, etc.); g. For trees not viable for retention, the rea- son(s) for removal based on poor health, high risk of failure due to structure, defects, un- avoidable isolation (i.e., high blow down po- tential), or unsuitability of species, etc., and for which no reasonable alternative action is possible (pruning, cabling, etc.); h. A description of the impact of necessary tree removal to the remaining trees, including those in a grove or on abutting properties; i. For development applications, a discus- sion of timing and installation of tree protec- tion measures that must include fencing and be in accordance with the tree protection standards as outlined in RMC 4-4-130H9, Protection Measures During Construction; j. The suggested location and species of supplemental trees to be used when re- quired. The report shall include planting and maintenance specifications; k. Future building sites and drip lines of any trees which will overhang/overlap a construc- tion line; l. Location and dimensions of rights-of-way, utility lines, fire hydrants, street lighting, and easements; m. Where the drip line of a tree overlaps an area where construction activities will occur, this shall be indicated on the plan; n. For allowed activities, including allowed exemptions, modifications, and variances, show all trees proposed to be removed in pri- ority tree retention areas: slopes twenty five percent (25%) to thirty nine percent (39%), high or very high landslide hazard areas, and high erosion hazard areas; o. Show trees to be removed in protected critical areas: wetlands, Shorelines of the State, streams and lakes, floodways, flood- plain slopes forty percent (40%) or greater, very high landslide hazard areas, and critical habitat if the activity is exempt or allowed by the critical areas regulations in RMC 4-3-050C5, Specific Exemptions – Critical Ar- eas and Buffers; p. Show all trees to be retained in critical area buffers; and q. In all other areas of the site, trees to be removed may be indicated generally with clearing limit lines except for protected trees. 4-8-120D 8 - 71 (Revised 9/15) The location, size, and species of all pro- tected trees on a site shall be shown. The plan shall also differentiate any approved re- placement trees from the protected trees. Re- placement trees may be authorized in accordance with RMC 4-4-130H1e, Replace- ment Requirements, and the number of re- placement trees shall be determined pursuant to any planned replanting areas in accordance with RMC 4-4-130H1c, Calculat- ing Tree Retention. (Ord. 5304, 9-17-2007; Ord. 5748, 1-12-2015) 21. Definitions U: Urban Design Regulations Review Packet: A set of submission materials required for projects subject to the Urban Design Regula- tions in RMC 4-3-100: a. Site plan, land use review; b. Elevations, architectural; c. Floor plans general; d. Narrative outlining how the appli- cant’s proposal addresses the City’s Ur- ban Design Regulations. (Ord. 4821, 12-20-1999; Amd. Ord. 5028, 11-24-2003; Ord. 5286, 5-14-2007) Utilities Construction Plans: Plans pre- pared by a State of Washington licensed civil engineer as stipulated by the document “City of Renton Drafting Standards.” Utilities Plan, Generalized: A plan drawn on twenty two inch by thirty four inch (22" x 34") plan sheets using a graphic scale of one inch equals twenty feet (1" = 20') (or other scale or size approved by the Development Services Division Plan Review Supervisor) clearly showing all existing (to remain) and proposed public or private improvements to be dedi- cated or sold to the public including, but not limited to: curbs, gutters, sidewalks, median islands, street trees, fire hydrants, utility poles, refuse areas, freestanding lighting fix- tures, utility junction boxes, public utility transformers, etc., along the full property frontage. The finished floor elevations for each floor of proposed and existing (to re- main) structures shall be shown. (Amd. Ord. 4835, 3-27-2000) 22. Definitions V: Variance Justification: A written statement setting forth the reasons in favor of the appli- cation and addressing the criteria listed in RMC 4-9-250B5 which are used by the Hear- ing Examiner or Community and Economic Development Administrator when reviewing the variance request. (Ord. 5157, 9-26-2005; Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012) Vegetation Management Plan: A plan pre- pared by a qualified professional that details how to preserve, maintain, enhance, or es- tablish native vegetation within a Vegetation Conservation Buffer required by the Shore- line Master Program Regulations in RMC 4-3-090. The plan shall describe actions that will be implemented to ensure that buffer ar- eas provide ecological functions equivalent to a dense native vegetation community to the greatest extent possible. It shall also specify what is necessary to maintain the required vegetation over the life of the use and/or de- velopment, consistent with the provisions of RMC 4-3-090F1i, Vegetation Management. (Ord. 5633, 10-24-2011) 23. Definitions W: Wetland Assessment: A wetland assess- ment includes the following: a. A description of the project and maps at a scale no smaller than one inch equals two hundred feet (1" = 200') show- ing the entire parcel of land owned by the applicant and the wetland boundary sur- veyed by a qualified surveyor, and pursu- ant to RMC 4-3-050F2; b. A description of the vegetative cover of the wetland and adjacent area includ- ing identification of the dominant plant and animal species; c. A site plan for the proposed activity at a scale no smaller than one inch equals two hundred feet (1" = 200') showing the location, width, depth and length of all ex- isting and proposed structures, roads, stormwater management facilities, sew- age treatment and installations within the wetland and its buffer; 4-8-120D (Revised 9/15)8 - 72 d. The exact locations and specifica- tions for all activities associated with site development including the type, extent and method of operations; e. Elevations of the site and adjacent lands within the wetland and its buffer at contour intervals of no greater than five feet (5') or at a contour interval appropri- ate to the site topography and acceptable to the City; f. Top view and typical cross-section views of the wetland and its buffer to scale; g. The purposes of the project; h. Such other information as may be needed by the City, including but not lim- ited to a study of hazards if present on site, the effect of any protective mea- sures that might be taken to reduce such hazards; and any other information deemed necessary to verify compliance with the provisions of this Section. (Ord. 4587, 3-18-1996; Amd. Ord. 4835, 3-27-2000; Ord. 5137, 4-25-2005; Ord. 5757, 6-1-2015) Wetland Mitigation Plan – Final: A final wet- land mitigation plan shall include: a. Baseline Information: A written as- sessment and accompanying maps of the impacted wetland including, at a min- imum, a wetland delineation by a quali- fied wetland specialist; existing wetland acreage; vegetative, faunal and hydro- logic characteristics; an identification of direct and indirect impacts of the project to the wetland area and wetland func- tions; soil and substrata conditions; topo- graphic elevations and compensation site. If the mitigation site is different from the impacted wetland site, the assess- ment should include at a minimum: exist- ing acreage; vegetative, faunal and hydrologic conditions; relationship within the watershed and to existing water bod- ies; soil and substrata conditions; topo- graphic elevations; existing and proposed adjacent site conditions; buf- fers; and ownership. b. Environmental Goals and Objec- tives: A written report by a qualified wet- land specialist shall be provided identifying goals and objectives of the mitigation plan and describing: i. The purposes of the compensa- tion measures including a description of site selection criteria; identification of compensation goals; identification of target evaluation species and re- source functions; dates for beginning and completion; and a complete de- scription of the structure and func- tional relationships sought in the new wetland. The goals and objectives shall be related to the functions and values of the original wetland or, if out-of-kind, the type of wetland to be emulated; and ii. A review of the best available sci- ence and report author’s experience to date in restoring or creating the type of wetland proposed shall be provided. An analysis of the likeli- hood of success of the compensation project at duplicating the original wet- land shall be provided based on the experiences of comparable projects, preferably those in the same drain- age basins, if any. An analysis of the likelihood of persistence of the cre- ated or restored wetland shall be pro- vided based on such factors as surface and ground water supply and flow patterns; dynamics of the wet- land ecosystem; sediment or pollut- ant influx and/or erosion, periodic flooding and drought, etc.; presence of invasive flora or fauna; potential human or animal disturbance; and previous comparable projects, if any. c. Performance Standards: Specific criteria shall be provided for evaluating whether or not the goals and objectives of the project are achieved and for begin- ning remedial action or contingency mea- sures. Such criteria may include water quality standards, survival rates of planted vegetation, species abundance and diversity targets, habitat diversity in- dices, or other ecological, geological or hydrological criteria. These criteria will be evaluated and reported pursuant to sub- 4-8-120D 8 - 73 (Revised 9/15) section (e) of this definition, Monitoring Program. An assessment of the project’s success in achieving the goals and ob- jectives of the mitigation plan should be included along with an evaluation of the need for remedial action or contingency measures. d. Detailed Techniques and Plans: Written specifications and descriptions of compensation techniques shall be pro- vided including the proposed construc- tion sequence, grading and excavation details; erosion and sediment control fea- tures needed for wetland construction and long-term survival; a planting plan specifying plant species, quantities, loca- tions, size, spacing, and density; source of plant materials, propagates, or seeds; water and nutrient requirements for plant- ing; where appropriate, measures to pro- tect plants from predation; specification of substrata stockpiling techniques and planting instructions; descriptions of wa- ter control structures and water level maintenance practices needed to achieve the necessary hydroperiod char- acteristics; etc. These written specifica- tions shall be accompanied by detailed site diagrams, scaled cross-sectional drawings, topographic maps showing slope percentage and final grade eleva- tions, and any other drawings appropri- ate to show construction techniques or anticipated final outcome. The plan shall provide for elevations which are appropri- ate for the desired habitat type(s) and which provide sufficient hydrologic data. The City may request such other informa- tion as needed to determine the ade- quacy of a mitigation plan. e. Monitoring and Maintenance Plan and Program: A program outlining the approach for monitoring construction and development of the compensation project and for assessing a completed project shall be provided in the mitigation plan. i. The plan shall be on eight-and- one-half-inch (8.5") by eleven-inch (11") paper that includes the follow- ing elements: (a) Operations and mainte- nance practices for protection and maintenance of the site; and (b) Monitoring and evaluation procedures, including minimum monitoring standards, measur- able success criteria, and time- lines (i.e., annual, semi-annual, quarterly); and (c) Contingency plan with re- medial actions for unsuccessful mitigation. ii. Monitoring may include, but is not limited to: (a) Establishing vegetation plots to track changes in plant species composition and density over time; (b) Using photo stations to evaluate vegetation community response; (c) Sampling surface and sub- surface waters to determine pol- lutant loading, and changes from the natural variability of back- ground conditions (pH, nutrients, heavy metals); (d) Measuring base flow rates and storm water runoff to model and evaluate hydrologic and wa- ter quality predictions; (e) Measuring sedimentation rates; (f) Sampling fish and wildlife populations to determine habitat utilization, species abundance and diversity; and (g) A description shall be in- cluded outlining how the monitor- ing data will be evaluated by agencies that are tracking the progress of the compensation project. A monitoring report shall be submitted quarterly for the first year and annually thereafter, and at a minimum, should docu- 4-8-120D (Revised 9/15)8 - 74 ment milestones, successes, problems, and contingency ac- tions of the compensation proj- ect. The compensation project shall be monitored for a period necessary to establish that per- formance standards have been met, but not for a period less than five (5) years. f. Contingency Plan: Identification of potential courses of action, and any cor- rective measures to be taken when mon- itoring or evaluation indicates project performance standards are not being met. g. Permit Conditions: Any compensa- tion project prepared for mitigation pursu- ant to RMC 4-3-050M, Wetlands, and approved by the City shall become part of the application for project approval. h. Demonstration of Competence: A demonstration of financial resources, ad- ministrative, supervisory, and technical competence and scientific expertise of sufficient standing to successfully exe- cute the compensation project shall be provided. A compensation project man- ager shall be named and the qualifica- tions of each team member involved in preparing the mitigation plan and imple- menting and supervising the project shall be provided, including educational back- ground and areas of expertise, training and experience with comparable proj- ects. i. Surety Device: A surety device in one hundred fifty percent (150%) of the estimated cost of remedial actions if the mitigation plan is unsuccessful must be filed with the City of Renton. (Ord. 4835, 3-27-2000; Ord. 5137, 4-25-2005; Ord. 5757, 6-1-2015) Wetland Mitigation Plan – Preliminary: A preliminary wetland mitigation plan shall in- clude the following: a. A site plan demonstrating sufficient area for replacement ratios; b. Proposed planting scheme for cre- ated, restored, and enhanced wetlands; c. Written report on eight-and-one-half- inch (8.5") by eleven-inch (11") paper: i. Identifying direct and indirect im- pacts of the project to the wetland area and wetland functions, environ- mental goals and objectives, and performance standards, and evaluat- ing alternative methods of develop- ing the property using the following criteria in this order: (a) Avoiding any disturbances to the wetland or buffer; (b) Minimizing any wetland or buffer impacts; (c) Compensating for any wet- land or buffer impacts; (d) Restoring any wetlands or buffer impacted or lost temporar- ily; (e) Creating new wetlands and buffers for those lost; and (f) Enhancing an existing de- graded wetland to compensate for lost functions and values, in addition to restoring a wetland or creating a wetland. ii. Evaluating each of the mitigation plan criteria found in RMC 4-3-050L. iii. For projects proposing a reduc- tion in wetland buffer width with en- hancement, providing a detailed analysis of the project’s compliance with each of the following criteria: (a) The reduced buffer will function at a higher level than the standard buffer, (b) An enhanced buffer shall never be less than seventy five percent (75%) of the standard width at its narrowest point, and (c) The buffer area has less than fifteen percent (15%) slopes and no direct or indirect, short- term or long-term, adverse im- 4-8-120D 8 - 75 (Revised 9/15) pacts to regulated wetlands, as determined by the City, will result from a regulated activity, and (d) The proposal shall rely upon a site-specific evaluation and documentation of buffer ad- equacy based upon Wetlands in Washington State, Volume 1: A Synthesis of the Science (Ecol- ogy Publication No. 05-06-006, March 2005) and Wetlands in Washington State, Volume 2: Managing and Protecting Wet- lands (Ecology Publication No. 04-06-008, April 2005), or similar approaches, and (e) The proposed buffer stan- dard is based on consideration of the best available science as de- scribed in WAC 365-195-905; iv. And, for projects proposing aver- aging in wetland buffer width with en- hancement, providing a detailed analysis of the project’s compliance with each of the following criteria: (a) There are existing physical improvements in or near the wet- land and buffer; and (b) That width averaging will not adversely impact the wetland function and values; and (c) That the total area con- tained within the wetland buffer after averaging is no less than that contained within the re- quired standard buffer prior to averaging; and (d) A site-specific evaluation and documentation of buffer ad- equacy based upon Wetlands in Washington State, Volume 1: A Synthesis of the Science (Ecol- ogy Publication No. 05-06-006, March 2005) and Wetlands in Washington State, Volume 2: Managing and Protecting Wet- lands (Ecology Publication No. 04-06-008, April 2005), or similar approaches have been con- ducted. The proposed buffer standard is based on consider- ation of the best available sci- ence as described in WAC 365- 195-905; and (e) In no instance shall the buf- fer width be reduced by more than seventy five percent (75%) of the standard buffer. Greater buffer width reductions require review as a variance pursuant to RMC 4-9-250B; and (f) An analysis of the effective- ness of the proposed Buffer En- hancement. (Ord. 4835, 3-27-2000; Ord. 5137, 4-25-2005; Ord. 5757, 6-1-2015) WSEC Trade-Off Form: Manual of Wattsun calculations performed to show compliance with chapter 5 of the current adopted version of the Washington State Residential Energy Code requirements. 9 - i (Revised 8/18) Chapter 9 PERMITS – SPECIFIC CHAPTER GUIDE: This Chapter contains detailed permit process and evaluation criteria for the various permits and requests, including, but not limited to, conditional use permits, site plan review, variances, etc. While chapter 4-9 RMC contains the permit-specific review criteria and procedures, chapter 4-8 RMC provides general procedural, submittal, and appeal procedures. Both chapters should be re- viewed in tandem. This Chapter last amended by Ord. 5882, May 7, 2018. SECTION PAGE NUMBER NUMBER 4-9-010 ANNEXATION PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4-9-015 AQUIFER PROTECTION AREA PERMITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 B.Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1. Operating Permits Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. Closure Permits Required in Zone 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3. Reporting of Unauthorized Release of Hazardous Materials . . . . . . . . . . . . 1 C.Exemptions – Operating and Closure Permits . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1. Pipelines, Roadways, Railroads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. Cleanups, Monitoring and/or Studies under State or Federal Supervision . . 1 3. Use, Storage, and Handling of Specific, Listed Hazardous Materials That Do Not Present a Risk to the Aquifer . . . . . . . . . . . . . . . . . . . . . . . . . . 1 a. Hazardous Materials That Do Not Present a Risk to the Aquifer . . . . . . . 1 b. Sale of Hazardous Materials in Original, Small Containers . . . . . . . . . . . 1 c. Hazardous Materials in De Minimis Amounts . . . . . . . . . . . . . . . . . . . . . 2 d. Hazardous Materials Contained in Properly Operating Sealed Units . . . 2 e. Residential Use, Storage, and Handling of Hazardous Materials . . . . . . 2 f. Fuel Tanks and Fluid Reservoirs Attached to Motor Vehicle . . . . . . . . . . 2 g. Fuel Oil . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 h. Emergency – Governmental Organization . . . . . . . . . . . . . . . . . . . . . . . 2 i. Water Treatment and Water System Use . . . . . . . . . . . . . . . . . . . . . . . . 2 j. Fueling of Equipment Not Licensed for Street Use . . . . . . . . . . . . . . . . . 2 k. Hazardous Materials in Equipment Fuel Tanks . . . . . . . . . . . . . . . . . . . . 2 l. Hazardous Materials in Aerosol Cans . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 m. Hazardous Materials at Specified Facilities . . . . . . . . . . . . . . . . . . . . . . . 2 n. Janitorial Supplies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 o. Personal Care Products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 D.Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 E.Operating Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1. Submittal Requirements and Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2. Operating Permit Criteria – Zones 1 and 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 3 a. Criteria – Zones 1 and 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 b. Additional Criteria – Zone 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3. Operating Permits – Conditions for Zone 1 and 2 . . . . . . . . . . . . . . . . . . . . . 3 a. In-House Inspection and Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . 3 SECTION PAGE NUMBER NUMBER (Revised 8/18)9 - ii b. Changes to Facility – Responsibility to Report . . . . . . . . . . . . . . . . . . . . 3 c. Unauthorized Release – Responsibility to Report . . . . . . . . . . . . . . . . . . 3 d. Compliance with Inspection Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4. Effect of Operating Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5. Operating Permit Renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6. Transferability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 F.Closure Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1. Submittal Requirements and Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2. Closure Permits and Permit Conditions – Zone 1 . . . . . . . . . . . . . . . . . . . . . 4 a. Closure Permit Application Required for Facilities . . . . . . . . . . . . . . . . . . 4 b. No Detectable Unauthorized Releases . . . . . . . . . . . . . . . . . . . . . . . . . . 4 c. Determination of Unauthorized Release . . . . . . . . . . . . . . . . . . . . . . . . . 4 d. Completion of Facility Closure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 e. Time to Complete Closure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 G.Unauthorized Releases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1. Unauthorized Release Prohibited, Reporting Required . . . . . . . . . . . . . . . . 4 2. Unauthorized Releases from Facilities – Report Time and Content . . . . . 4.1 a. Requirement to Report within Twenty Four (24) Hours . . . . . . . . . . . . 4.1 b. Unauthorized Release Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.1 c. Cleanup Progress Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.1 3. Monitoring Results . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.1 a. Detection and Prevention of Further Contamination . . . . . . . . . . . . . . 4.1 b. Owners Proving Nonresponsible . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.1 c. Remedy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.2 d. Additional Federal, State, and Local Laws . . . . . . . . . . . . . . . . . . . . . 4.2 H.Permit Suspension or Revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.2 1. Operating Permit Suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.2 2. Operating Permit Reinstatement After Suspension . . . . . . . . . . . . . . . . . . 4.2 3. Operating Permit Revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.2 4. Application for Closure Permit Following Operating Permit Revocation . . 4.3 5. Application for Operating Permit Following Revocation . . . . . . . . . . . . . . 4.3 I.Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.3 4-9-020 COMPREHENSIVE PLAN ADOPTION AND AMENDMENT PROCESS . . 4.3 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.3 B. Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.3 C. Initiation of Proposed Comprehensive Plan Amendments . . . . . . . . . . . . . . . 4.3 D. Application and Submittal Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.3 E. Review Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.4 F. Review Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.4 G. Public Notice and Comment Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.5 1. Public Notice of Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.5 2. Notice of Public Hearing before the Planning Commission . . . . . . . . . . . . 4.5 3. Comment Period for Planning Commission Public Hearing . . . . . . . . . . . 4.5 4-9-025 TITLE IV DEVELOPMENT REGULATION REVISION PROCESS . . . . . . . 4.5 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.5 B. Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.5 C. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.5 SECTION PAGE NUMBER NUMBER 9 - iii (Revised 8/18) D. Review Process for Title IV Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.6 E. Review Criteria for Title IV Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.6 F. Public Notice and Comment Period for Title IV Amendments . . . . . . . . . . . . . 4.7 1. Notice of Public Hearing Before the Planning Commission . . . . . . . . . . . . 4.7 2. Comment Period for Planning Commission Public Hearing . . . . . . . . . . . 4.7 G. Review Process for Title IV Interpretations . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.7 4-9-030 CONDITIONAL USE PERMITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.7 A.Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.7 B.Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.7 C.Review Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.7 1. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4.7 2. Exceptions when Significant Concerns Remain . . . . . . . . . . . . . . . . . . . . .4.7 D.Decision Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.8 1. Consistency with Plans and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . 4.8 2. Appropriate Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.8 3. Effect on Adjacent Properties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.8 4. Compatibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.8 5. Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.8 6. Traffic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.8 7. Noise, Light and Glare . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.8 8. Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.8 9. Specific Requirements for Kennels and Pet Day Cares . . . . . . . . . . . . . . 4.8 a. History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.8 b. Standards for Keeping Animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.8 10. Specific Requirements for Secure Community Transition Facilities (SCTF), Crisis Diversion Facilities (CDF) and Crisis Diversion Interim Service Facilities (CDIS). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.8 11. Specific Requirements for Live-Work Units . . . . . . . . . . . . . . . . . . . . . . . 4.8a E.Decision Criteria – Wireless Communication Facilities . . . . . . . . . . . . . . . . . . 4.9 1. Decision Criteria. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.9 a. Height and Design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.9 b. Proximity to Surrounding Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.9 c. Nature of Surrounding Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.9 d. Topography and Vegetation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.9 e. Ingress/Egress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.9 f. Impacts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.9 g. Collocation Feasibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.9 h. Consistency with Plans and Regulations . . . . . . . . . . . . . . . . . . . . . . . 4.9 i. Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.10 2. Revisions to Conditional Use Permits for Wireless Communication Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.10 a. Major Revision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.10 b. Minor Revision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.10 F.Procedures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.10 1. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.10 2. Pre-application Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.10 3. Submittal Requirements and Application Fees . . . . . . . . . . . . . . . . . . . . 4.10 SECTION PAGE NUMBER NUMBER (Revised 8/18)9 - iv 4. Public Notice and Comment Period Required . . . . . . . . . . . . . . . . . . . . . 4.10 5. Determining Necessity for Public Hearing . . . . . . . . . . . . . . . . . . . . . . . . 4.10 6. Administrative Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.10 7. Hearing Process and Examiner Authority . . . . . . . . . . . . . . . . . . . . . . . . 4.10 8. Decision and Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.10 9. Timeline to Apply for Associated Permits . . . . . . . . . . . . . . . . . . . . . . . . 4.11 G.Major and Minor Revisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.11 1. Major Revisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.11 2. Minor Revisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.11 4-9-040 CONDOMINIUM CONVERSIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.11 A.Purpose (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.11 B.Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.11 C.Applicability to Conversion of Rental Units to Condominiums and Cooperatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.11 1. Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.11 D.Applicability to Tenants Occupying Rental Units . . . . . . . . . . . . . . . . . . . . . . 4.11 E.Tenant Protections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1. Notice to Tenants of Filing of Conversion Declaration . . . . . . . . . . . . . . . . . 5 2. Notice to All Tenants Prior to Offering Any Unit for Sale to the Public as a Condominium or Cooperative Unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3. Purchase Rights of Tenant in Possession . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4. Purchase Rights of Tenants Whose Units are Offered for Sale Prior to Effective Date of Section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5. Subtenant’s Purchase Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6. Rights of Tenants in Converted Buildings to Purchase Other Units in the Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7. No Subsequent Sale on Better Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8. Evictions Only for Good Cause During Notice Period . . . . . . . . . . . . . . . . . . 6 9. Tenant’s Right to Vacate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 F.Consumer Protections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1. Mandatory Housing Code Inspection and Repair – Notice to Buyers and Tenants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2. Certification of Repairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3. Disclosure Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4. Warranty of Repairs – Set Aside for Repairs . . . . . . . . . . . . . . . . . . . . . . . . 7 5. Unlawful Representations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6. Purchaser’s Right to Rescind . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7. Delivery of Notice and Other Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8. Acceptance of Offers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 G.Complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 H.Council Waiver of Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 I.Violations of This Chapter and Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4-9-050 (Deleted by Ord. 5549, 8-9-2010). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4-9-060 DEFERRAL OF IMPROVEMENT INSTALLATION PROCEDURES . . . . . . . . 8 A.Purpose (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 SECTION PAGE NUMBER NUMBER 9 - v (Revised 8/17) B.Temporary (Ninety (90) Day) Occupancy Permits in Advance of Improvement Installation – Building Official Deferral of Off- and On-Site Improvements for Other Than Plats . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 1. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2. Decision Criteria (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3. Security Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4. Expiration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5. Extension of Temporary Occupancy Permit Up to One Hundred Eighty (180) Days . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 C.Community and Economic Development Administrator’s Deferral of Plat Improve- ments or Deferral of Other On- and Off-Site Improvements Beyond Temporary Occupancy Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 1. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2. Decision Criteria (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3. Security Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4. Plans for Improvements Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 5. Waiver of Requirement for Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6. Expiration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 7. Extension of Time Limit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 8. Acceptable Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 9. Fee in Lieu of Required Street Improvements . . . . . . . . . . . . . . . . . . . . . . . 10 a. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 b. Authority To Grant and Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 c. Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 d. Amount of Payment of Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 e. Use of Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 f. No Further Obligation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 g. Cost Construction Toward a City Capital Improvement Project for Properties in Which Frontage Improvements Have Been Deferred by Restrictive Covenant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 10. (Repealed by Ord. 5170) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 11. Security Requirement Binding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 12. Record of Deferral . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 13. Transfer of Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 14. Administrative Approval Required Prior to Transfer of Responsibility . . . . . 11 15. Proceeding Against Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4-9-065 DENSITY BONUS REVIEW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 B. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 C. Review Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 1. Concurrent Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 2. Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 3. Submittal Requirements and Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 D. Bonus Allowances and Review Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 1. Affordable Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 a. Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 b. Affordable Housing Income Levels . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 SECTION PAGE NUMBER NUMBER (Revised 8/17)9 - vi c. Affordable Unit Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 2. Assisted Living Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 3. Maximum Bonus Units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4-9-070 ENVIRONMENTAL REVIEW PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . . 13 A.Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 B.Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 C.General State Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 D.SEPA Responsible Official. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 1. Committee Officials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 2. Committee Authority and Responsibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 E.Other Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 1. Hydraulic Projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 2. Successor Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 F.Lead Agency Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 1. Determination of Lead Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 2. Lead Agency Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 3. Other Agency as Lead . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 4. City Objections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 G.Categorical Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 1. Local Modifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 2. Exemption Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 3. Proposal Description . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 4. Review Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5. Exempt and Nonexempt Actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 6. Timing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 7. Effect of Exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 H.Critical Areas/Inapplicable Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 1. Critical Areas Maps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 2. Critical Areas Designated. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 3. Inapplicable Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 4. Proposals Located within Critical Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 I.Environmental Checklist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 1. When Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 2. Lead Agency and Threshold Determination . . . . . . . . . . . . . . . . . . . . . . 16.1 3. Checklist Preparation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16.1 4. Additional Information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 J.Threshold Determination Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 1. Identification of Impacts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 2. Time Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 3. Mitigated DNS Authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 4. Changed Proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 5. DNS Authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6. DNS or DS Authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 7. Mitigation Measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 8. Public Comment and Notice Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 9. Staff Recommendation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 10. Effect of MDNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 SECTION PAGE NUMBER NUMBER 9 - vi.1 (Revised 8/17) 11. Request for Early Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 K.Environmental Impact Statements (EIS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 L.Reconsiderations (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 M.SEPA Substantive Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 1. Supplemental Policies and Goals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 2. Substantive Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 3. Attaching Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 4. Denial Authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 5. Environmental Review Committee Recommendations . . . . . . . . . . . . . . . . 21 6. Action of Decision Maker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 N.Using Existing Environmental Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 O.Public Notice and Commenting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 1. Threshold Determinations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 (Revised 8/17)9 - vi.2 This page left intentionally blank. SECTION PAGE NUMBER NUMBER 9 - vii (Revised 5/18) 2. Public Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 3. Consolidation of Public Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 4. Responsibility of Cost. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 5. Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 6. Record Retention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 P.Definitions and Interpretation of Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 1. Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Q.Forms Adopted by Reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 R.Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 S.Expiration (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 T.Modifications of Approved Plans (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . 24 4-9-075 RESERVED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 4-9-080 GRADING, EXCAVATION AND MINING PERMITS AND LICENSES . . . . . 24 A.Purpose (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 B.Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 C.Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 D.Submittal Requirements and Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 E.Review Process for Minor Activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 1. Building Section Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 2. Annual License . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 3. Time for Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 4. Issuance of License . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 5. Revocation of Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 F.Review Process for Major Activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 1. Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 a. Hearing Examiner Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 b. Development Services Division Authority . . . . . . . . . . . . . . . . . . . . . . . 25 2. Special Fill and Grade Permit Required . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 3. Annual Grading License . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 4. Review Criteria for Special Grade and Fill Permit . . . . . . . . . . . . . . . . . . . . 26 a. Compatibility of Proposed Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 5. Progressive Rehabilitation and Reuse . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 6. Conformance with Examiner’s Approved Plan Required . . . . . . . . . . . . . . . 26 7. Final Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 8. Other Requirements/Noncity Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 9. Inspection and Enforcement Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 10. Expiration and Extensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 11. Transferability of Special Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 12. Modifications to Approved Plans (Reserved) . . . . . . . . . . . . . . . . . . . . . . . 27 G.Violations and Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 1. Revocation of Special Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 2. Violations of This Chapter and Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 4-9-090 HOME OCCUPATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 A.Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 B.Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 C.Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 1. Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 SECTION PAGE NUMBER NUMBER (Revised 5/18)9 - viii D.Prohibited Occupations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 E.City Business License Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 F.Application and Review Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 1. Business License Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 a. Development Services Division Application . . . . . . . . . . . . . . . . . . . . . 27 2. Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 3. Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 4. Qualification Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 a. Primary Residence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 b. Retail Sales and Storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 c. Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 d. Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 e. Mechanical/Electrical Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 f. Environmental Impacts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 g. Space . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 h. Outdoor Storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 i. Flammable Liquids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 j. Fire Extinguisher . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 k. City Codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 l. Building Alterations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 m. Accessory Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 n. Signage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 G.Additional Requirements for Customer Visits or Deliveries . . . . . . . . . . . . . . . . 29 1. Notification to Neighbors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 2. Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 3. Comment Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 4. License Renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 5. Limitation of Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 6. Limitation of Customer Visits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 7. Limitation of Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 4-9-100 ADDITIONAL ANIMALS PERMIT PROCESS . . . . . . . . . . . . . . . . . . . . . . . . . 29 A.Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 B.Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 C.Authority and Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 D. Maximum Number of Animals Permitted with an Additional Animals Permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 1. Dogs and Cats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 2. Extra Large Animals (Horses, Donkeys, Cows and Llamas) on Properties without a Covered Arena and a Stable. . . . . . . . . . . . . . . . . . . . 30 3. Extra Large Lot Animals (Horses, Donkeys, Cows and Llamas) on Properties with a Covered Arena and a Stable. . . . . . . . . . . . . . . . . . . . 30 E.Submittal Requirements and Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 SECTION PAGE NUMBER NUMBER 9 - ix (Revised 8/16) F. Notification and Comment Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 1. Notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 2. Comment Period and Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 G.Decision Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 1. Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 2. Inspection Authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 3. Findings Required for Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 4. Additional Considerations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 H. Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 I.Period of Validity, Individual Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 J.Revocation of License . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 1. Revocation of Additional Animals Permit . . . . . . . . . . . . . . . . . . . . . . . . . . 32 2. Revocation of Business License . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 3. License – Waiting Period Following Revocation or Refusal to Renew . . . 32 K.Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 4-9-110 MANUFACTURED AND MOBILE HOME PARKS . . . . . . . . . . . . . . . . . . . . . 32 A.Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 B.Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 1. Exemptions (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 C.Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 1. Building Official . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 2. Development Services Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 3. Hearing Examiner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 D.Submittal Requirements and Fees (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . 33 E.Park Review Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 1. Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 2. Referrals, Recommendations of Department . . . . . . . . . . . . . . . . . . . . . . 33 3. Public Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 4. Recommendations to Hearing Examiner . . . . . . . . . . . . . . . . . . . . . . . . . . 33 5. Conditions of Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 6. Installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 7. Construction Timing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 8. Certificate of Occupancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 F.Deferrals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 G.Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 1. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 2. Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 H.Expiration and Extension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 I.Modifications to Approved Plans (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . 34 J.Violation and Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 1. Revocation of License . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 2. Misdemeanor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 K.Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 4-9-120 NONCONFORMING USES/STRUCTURES REBUILD APPROVAL PERMITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 A.Purpose of Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 B.No Longer Applicable. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 SECTION PAGE NUMBER NUMBER (Revised 8/16)9 - x 4-9-130 OCCUPANCY PERMITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 A.Purpose (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 B.Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 1. Exemptions (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 C.Certificate Available Upon Request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 D.Timing and Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.1 E.Temporary Occupancy Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 4-9-140 OPEN SPACE, AGRICULTURAL AND TIMBER LANDS; CURRENT USE ASSESSMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 A.Purpose, Applicability, and Adoption of State Rules by Reference . . . . . . . . . . 35 B.Application Submittal Requirements (Reserved) . . . . . . . . . . . . . . . . . . . . . . . 35 C.Processing Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 D.Refund of Fee Upon Denial of Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 4-9-150 PLANNED URBAN DEVELOPMENT REGULATIONS . . . . . . . . . . . . . . . . . . 35 A.Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 B.Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 1. Zones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 2. Code Provisions That May Be Modified. . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 3. Code Provisions Restricted from Modification . . . . . . . . . . . . . . . . . . . . . . . 36 a. Permitted Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 b. Density/Permitted Number of Dwelling Units . . . . . . . . . . . . . . . . . . . . . 36 c. Planned Urban Development Regulations . . . . . . . . . . . . . . . . . . . . . . . 36 d. Procedures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 e. Specific Limitations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 C.Roles and Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 1. The Department of Community and Economic Development (CED) . . . . . 36 2. City Departments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 3. Hearing Examiner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 D. Decision Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 1. Demonstration of Compliance and Superiority Required . . . . . . . . . . . . . . 36 2. Public Benefit Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 a. Critical Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 b. Natural Features . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 c. Public Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 d. Use of Sustainable Development Techniques . . . . . . . . . . . . . . . . . . . . 37 e. Overall Design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 3. Additional Review Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 a. Building and Site Design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 b. Circulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 c. Infrastructure and Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 d. Clusters or Building Groups and Open Space . . . . . . . . . . . . . . . . . . . 38 e. Privacy and Building Separation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 f. Building Orientation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 g. Parking Area Design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 h. Phasing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 4. Compliance with Development Standards . . . . . . . . . . . . . . . . . . . . . . . . . . 38 E. Development Standards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 SECTION PAGE NUMBER NUMBER 9 - xi (Revised 9/15) 1. Common Open Space Standard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 a. Residential . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 b. Mixed Use – Residential Portions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 c. Mixed Use Nonresidential Portions, or Commercial, or Industrial Uses. 41 d. Open Space Orientation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 e. Common Open Space Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 2. Private Open Space . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 3. Installation and Maintenance of Common Open Space . . . . . . . . . . . . . . . 44 a. Installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 b. Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 4. Installation and Maintenance of Common Facilities . . . . . . . . . . . . . . . . . . 44 a. Installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 b. Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 F.Procedure for Preliminary Approval of Planned Urban Developments. . . . . . . 44 1. Permit Process. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 2. Filing of Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44.1 3. Informal Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 4. Submittal Requirements and Application Fees . . . . . . . . . . . . . . . . . . . . . . 45 5. Public Notice and Comment Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 6. Phasing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 7. Review Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 8. Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 a. Preliminary Planned Urban Development – New Development . . . . . . 45 b. Preliminary Planned Urban Development – Existing Development with Binding Site Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 9. Effect of an Approved Preliminary Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 10. Zoning Map Revised . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 a. New Planned Urban Development Approval . . . . . . . . . . . . . . . . . . . . . 46 b. Demonstration Ordinances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 G.Final Plan Review Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 1. Time Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 a. Preliminary Approval of Planned Urban Development Not Associated with a Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 b. Preliminary Approval of Planned Urban Development with Concurrent Preliminary Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 c. Expiration of Preliminary Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 2. Submittal Requirements and Fees for Final Plan Application . . . . . . . . . . 46 3. Public Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 4. Minor Modifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 5. Major Modifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 6. Review and Approval of Final Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 a. Covenants Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 b. Property Owners’ Association Required . . . . . . . . . . . . . . . . . . . . . . . . 47 7. Effect of an Approval Final Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 a. Standards Superimposed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 b. Construction Authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 8. Time Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 SECTION PAGE NUMBER NUMBER (Revised 9/15)9 - xii a. Expiration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 b. Remaining Preliminary Phases with Completion of One Phase . . . . . . 48 H.Merger of Applications or Review Stages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 1. Merger of Review Stages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 2. Merger with Other Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 I.Appeals of Community and Economic Development Administrator’s Decision on a Final Planned Urban Development . . . . . . . . . . . . . . . . . . . . . . 48 J.Building and Occupancy Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 1. Conformance with Final Plan Required . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 2. Minor Adjustments to Final Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 a. Minor Adjustments Prior to Building Permits . . . . . . . . . . . . . . . . . . . . . 49 b. Minor Variations to Development Following Final Planned Urban Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 3. Occupancy Permit Issuance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . 49 4. Occupation of Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 K.Expiration or Abandonment of a Planned Urban Development . . . . . . . . . . . 49 1. Expiration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 2. Abandonment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 3. Resuming Development of an Abandoned Planned Urban Development Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 L. Violations of This Chapter and Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 4-9-160 PUBLIC ART EXEMPTION PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 A.Purpose (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 B.Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 C.Criteria for Exemptions from Sign Code Requirements . . . . . . . . . . . . . . . . . . 50 D.Exemption Certificate Required for Public Art . . . . . . . . . . . . . . . . . . . . . . . . . . 50 E.Exemption Application Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 F.Staff Review of Exemption Requests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 G.Special Arts Commission Review of Exemption Requests . . . . . . . . . . . . . . . . 51 1. Commission Review and Recommendations . . . . . . . . . . . . . . . . . . . . . . . 51 2. Renton Municipal Arts Commission Role Regarding Public Art Exemption Certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 3. Determination of Artist Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 4. Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 H.Final Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 I.Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 1. Standing and Authority for Hearing Appeal . . . . . . . . . . . . . . . . . . . . . . . . . 51 2. Transmittal of File and Staff Report to Examiner . . . . . . . . . . . . . . . . . . . . 51 4-9-170 RAILROAD AND UTILITY LINE CONSTRUCTION PERMIT . . . . . . . . . . . . 51 A.Purpose (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 B.Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 C.No Permit for Ordinary Repair . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 D.Decision Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 E.Violation of This Chapter and Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 1. Construction without Permit Considered Public Nuisance . . . . . . . . . . . . . 52 4-9-180 REZONE PROCESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 A.Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 SECTION PAGE NUMBER NUMBER 9 - xiii (Revised 3/13) B.Who May Apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 C.Authority for Rezones Requiring a Plan Amendment . . . . . . . . . . . . . . . . . . . 52 D.Authority for Rezones Not Requiring Plan Amendment . . . . . . . . . . . . . . . . . 52 E.Submittal Requirements and Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52.1 F.Decision Criteria for Change of Zone Classification . . . . . . . . . . . . . . . . . . . 52.1 1. Criteria for Rezones Requiring a Comprehensive Plan Amendment . . . 52.1 2. Criteria for Rezones Not Requiring Comprehensive Plan Amendment . . 52.1 G.Time Limitations for Rezone Application Resubmission . . . . . . . . . . . . . . . . 52.1 4-9-190 SHORELINE PERMITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52.1 A.Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52.1 B.Shoreline Development Approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52.1 1. Development Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52.1 2. Shoreline Overlay. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52.1 3. Substantial Development Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52.2 4. Shoreline Conditional Use Permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52.2 5. Shoreline Variance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52.2 6. Land Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52.2 7. Approval Criteria. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52.2 8. Written Findings Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52.3 9. Building Permit Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52.3 10. Restoration Project Relief. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 C.Exemptions from Permit System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 1. Governor’s Certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 2. Projects Valued at $5,000 or Less . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 3. Maintenance and Repair . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 4. Emergency Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 5. Agricultural Construction or Practices . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 6. Construction of Single Family Residence and Accessory Buildings. . . . . . 55 7. Construction of Noncommercial Docks . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 8. Construction Authorized by the Coast Guard. . . . . . . . . . . . . . . . . . . . . . . 55 9. Operation, Maintenance, or Construction Related to Irrigation . . . . . . . . . 55 10. Marking of Property Lines on State-Owned Lands. . . . . . . . . . . . . . . . . . . 55 11. Operation and Maintenance of Agricultural Drainage or Dikes . . . . . . . . . 55 12. Activities Necessary for Permit Application . . . . . . . . . . . . . . . . . . . . . . . . 55 13. Removal or Control of Aquatic Noxious Weeds . . . . . . . . . . . . . . . . . . . . . 56 14. Watershed Restoration Projects. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 15. Projects to Improve Fish and Wildlife Passage or Habitat . . . . . . . . . . . . . 56 16. Hazardous Substance Remediation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 17. Projects on Lands Not Subject to Shoreline Jurisdiction Prior to Restoration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 D.Exemption Certificate Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 1. Application Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 2. Consistency Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 3. Conditions Authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 4. Permit Required if Project Not Exempt in Part . . . . . . . . . . . . . . . . . . . . . . 57 E.Shoreline Permit Application Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 SECTION PAGE NUMBER NUMBER (Revised 3/13)9 - xiv 1. Information Prior to Submitting a Shoreline Substantial Development Permit Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 2. Shoreline Substantial Development Permit Required . . . . . . . . . . . . . . . . . 57 3. Shoreline Substantial Development Permit Application Forms and Fees . . 57 4. Secondary Review by Independent Qualified Professionals . . . . . . . . . . . . 57 5. Public Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 6. Standard Public Comment Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 7. Special Public Comment Time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 8. Review Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 9. Conditional Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 10. Notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 F.Review Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 1. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 2. Additional Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 3. Procedural Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 4. Burden of Proof on Applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58.1 G.Surety Devices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58.1 H.Administrative Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58.1 I.Variances and Conditional Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58.1 1. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58.1 2. Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58.1 a. Conditional Use Permits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58.1 b. Variances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58.1 c. State Department of Ecology Decision. . . . . . . . . . . . . . . . . . . . . . . . 58.1 d. Time Limit, Permit Validity, and Appeals . . . . . . . . . . . . . . . . . . . . . . 58.1 3. Maintenance of Permitted Uses Allowed . . . . . . . . . . . . . . . . . . . . . . . . . 58.1 4. Variances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58.2 a. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58.2 b. Decision Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58.2 5. Conditional Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58.2 a. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58.2 b. Decision Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58.2 J.Time Requirements for Shoreline Permits . . . . . . . . . . . . . . . . . . . . . . . . . . 58.3 1. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58.3 2. Unspecified Time Limits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58.3 3. Discretionary Time Limits for Shoreline Substantial Developments. . . . . 58.3 4. Discretionary Time Limits for Shoreline Substantial Conditional Uses or Shoreline Variances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58.3 5. Extension Requests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58.3 6. Standard Period of Validity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58.3 7. Certification of Construction Commencement . . . . . . . . . . . . . . . . . . . . . 58.3 8. Time Allowed for Construction Completion . . . . . . . . . . . . . . . . . . . . . . . 58.3 9. Effective Date of Filing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58.3 10. Notification to City of Other Permits and Legal Actions . . . . . . . . . . . . . . 58.4 11. Permit Processing Time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58.4 12. Construction Not Authorized Until Proceedings Completed. . . . . . . . . . . 58.4 13. Special Allowance for Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58.4 SECTION PAGE NUMBER NUMBER 9 - xv (Revised 5/18) K.Rulings to State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58.4 L.Transferability of Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58.4 M.Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58.4 N.Rescission of Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58.4 1. Noncompliance with Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58.4 2. Notice of Noncompliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58.4 3. Posting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58.4 4. Public Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 5. Final Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 O.Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 P.Violations and Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 1. Prosecution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 2. Injunction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 3. Violators Liable for Damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Q.Shoreline Moratorium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 4-9-195 ROUTINE VEGETATION MANAGEMENT PERMITS . . . . . . . . . . . . . . . . . . . 60 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 B. Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 C. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 D. Procedures and Review Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 1. Submittal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 2. Information Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 3. Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 4. Review Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 5. Routine Vegetation Management Permit Conditions . . . . . . . . . . . . . . . . . . 60 6. Time Limits for Routine Vegetation Management Permits . . . . . . . . . . . . . 61 E. Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 F. Violations and Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 4-9-200 MASTER PLAN AND SITE PLAN REVIEW . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 A.Purpose and Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 B.Applicability and Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 1. Master Plan Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 2. Site Plan Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 a. When Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 b. Optional . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 3. Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 C.Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 1. Development Exempt from Master Plan Review . . . . . . . . . . . . . . . . . . . . . 62 a. Airplane Manufacturing and Airplane Manufacturing Accessory Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 b. Large Lot Subdivisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 c. SEPA Exempt Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 d. Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 2. Development Exempt from Site Plan Review . . . . . . . . . . . . . . . . . . . . . . . 62 D.Criteria to Determine if Public Hearing Is Required . . . . . . . . . . . . . . . . . . . . 62.1 E.Decision Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 1. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 SECTION PAGE NUMBER NUMBER (Revised 5/18)9 - xvi 2. Level of Detail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 a. Master Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 b. Site Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 3. Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 a. Compliance and Consistency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 b. Off-Site Impacts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 c. On-Site Impacts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 d. Access and Circulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 e. Open Space . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 f. Views and Public Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 g. Natural Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 h. Services and Infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 i. Phasing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 j. Stormwater . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 F. Applicable Submittal and Review Procedures . . . . . . . . . . . . . . . . . . . . . . . . . 65 1. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 2. Preapplication Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 3. Combined Application Authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 4. Submittal Requirements and Application Fees . . . . . . . . . . . . . . . . . . . . . . 65 5. Public Notice and Comment Period Required . . . . . . . . . . . . . . . . . . . . . . . 65 6. Circulation and Review of Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 7. Environmental Review Committee to Determine Necessity for Public Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 8. Administrative Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 9. Hearing Process and Examiner Authority . . . . . . . . . . . . . . . . . . . . . . . . . . 65 a. Date of Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 b. Examiner’s Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 c. Authority for Conditions and Plan Modifications . . . . . . . . . . . . . . . . . . 65 d. Hearing Examiner Ability to Leave Public Hearing Open . . . . . . . . . . . 65 e. Denial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 G. Merger with Binding Site Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 H. Modifications to an Approved Master Plan or Site Plan . . . . . . . . . . . . . . . . . . 66 1.Major Modifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 2.Minor Modifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 I.Timing of Building Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 J.Expiration, Extensions and Vesting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 1. Non-Phased Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 a. Master Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 b. Site Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 2. Phased Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 a. Master Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 b. Site Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 K.Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 4-9-210 SMALL CELL PERMITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.1 A. Submittal Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.1 B. Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.1 SECTION PAGE NUMBER NUMBER 9 - xvii (Revised 5/18) 4-9-220 SPECIAL PERMITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.2 A.Purpose and Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.2 B.Applicability (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.2 C.Submittal Requirements and Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.2 D.Review Process and Decision Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 E.Expiration and Extensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 F.Modifications to Approved Plans (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . 67 4-9-230 SPECIAL PERMIT TO ALLOW PRIVATE GARAGES ON STEEP SLOPES TO LOCATE WITHIN FRONT OR SIDE YARD SETBACK . . . . . . 67 A.Purpose, Authority and Conditions of Approval . . . . . . . . . . . . . . . . . . . . . . . . . 67 B.Applicability (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 C.Review Criteria (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 4-9-240 TEMPORARY USE PERMITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 A.Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 B.Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 C. Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 1. Exemptions for Construction-Related Activities . . . . . . . . . . . . . . . . . . . . . . 67 2. Exemptions for City-Sponsored Events . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 3. Exemptions for Special Sales and Ancillary Events Promoting and Located on the Site of an Existing Permanent Business and Not Requiring a Separate Business License . . . . . . . . . . . . . . . . . . . . . . . . 67 D.Temporary Use Permits Are Required for Other Temporary Uses or Structures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 1. Tier I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 2. Tier II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 3. Tier III . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 E. Criteria for Determining Permit Type . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 F. Submittal Requirements and Application Fees . . . . . . . . . . . . . . . . . . . . . . . . . 68 G.Public Notice and Comment Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 H.Waiver of Requirements and Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 I.Application Process and Review Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 J. Decision Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 K. Additional Conditions for Vehicle Sales Events, Mobile Food Vendors, and Temporary Homeless Encampments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 1. Vehicle Sales Events Held on Property Not Currently Used as an Auto Dealership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 2. Mobile Food Vendors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 3. Temporary Homeless Encampments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 a. Location Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 b. Setbacks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 c. Visual Buffering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 d. Exterior Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 e. Maximum Residents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 f. Additional Parking. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 g. Transit Proximity and Transportation Plan . . . . . . . . . . . . . . . . . . . . . . . 70 h. Code of Conduct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 i. Compliance with Health and Safety Codes . . . . . . . . . . . . . . . . . . . . . . 70 SECTION PAGE NUMBER NUMBER (Revised 5/18)9 - xviii j. Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 k. Identification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 l. Log-In and Identification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 m. Duration and Frequency. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 n. Public Meeting – Informal Public Meeting Required. . . . . . . . . . . . . . . . 70 o. Notification to Schools and Child Care Services . . . . . . . . . . . . . . . . . . 71 p. Review Authority, Appeals, and Permit Revocation. . . . . . . . . . . . . . . . 71 L. Special Criteria for Temporary Manufactured Home for Medical Hardship . . . . 71 M.Conditions of Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 1. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 2. Additional Requirements – for Model Homes . . . . . . . . . . . . . . . . . . . . . . . 72 N.Other Required Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 O.Expiration and Extension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 1. Standard Period of Validity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 2. Special Expiration/Extension Periods for Manufactured Homes for Medical Hardship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 P.Removal of Temporary Use Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Q.Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 R.Permit Revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 1. Revocation of Temporary Use Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 2. Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 4-9-250 VARIANCES, WAIVERS, MODIFICATIONS, AND ALTERNATES . . . . . . . 73 A.Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 1. Variances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 2. Waivers (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 3. Modifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 4. Alternates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 B.Variance Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 1. Authority and Applicability for Administrative Variances . . . . . . . . . . . . . . . 73 a. Residential Land Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 b. Commercial and Industrial Land Uses . . . . . . . . . . . . . . . . . . . . . . . . . 73 c. Proposals Located Within Critical Areas . . . . . . . . . . . . . . . . . . . . . . . . 73 d. Proposals to Vary from the Drainage Standards . . . . . . . . . . . . . . . . . . 74 2. Filing of Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 3. Submittal Requirements and Application Fees . . . . . . . . . . . . . . . . . . . . . . 74 4. Public Notice and Comment Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 5. Decision Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 6. Special Review Criteria – Reasonable Use Variance – Critical Areas Regulations Only . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 7. Special Review Criteria for Variances from the Wellhead Protection Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 8. Special Review Criteria for Variances from Flood Hazard Requirements in the Critical Areas Regulations . . . . . . . . . . . . . . . . . . . . . 75 a. Purpose and Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 b. Review Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 c. Conditions of Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 d. Notice Required upon Variance Approval . . . . . . . . . . . . . . . . . . . . . . . 76 SECTION PAGE NUMBER NUMBER 9 - xix (Revised 5/18) e. Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 9. Special Review Criteria – Steep Slopes Forty Percent (40%) or Greater and Very High Landslide Hazards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 10. Special Review Criteria – Single Family Residence on a Legal Lot with a Category IV Wetland; or Single Family Residence on a Legal Lot with a Type F, Np, or Ns Stream/Lake . . . . . . . . . . . . . . . . . . . . . . . . . . 77 11. Special Review Criteria – Public/Quasi-Public Utility or Agency Altering Wellhead Protection, Geologic Hazard, Habitat, Stream/Lake or Wetland Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 12. Special Review Criteria – Constructing Structures over Piped Streams . . . 78 13. Special Review Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 14. Continuation of Public Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 15. Decision Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 a. The Administrator Shall Announce Findings and Decisions . . . . . . . . . 79 b. Notice of Decision of the Administrator . . . . . . . . . . . . . . . . . . . . . . . . . 80 c. Reconsideration (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 d. Record of Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 16. Conditions of Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 17. Finalization (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 18. Expiration of Variance Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 19. Extension of Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 C.Waiver Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 1. Authority for Waiver, General (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . 80 2. Authority for Waiver of Street Improvements . . . . . . . . . . . . . . . . . . . . . . . . 80 3. Application and Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 4. Decision Criteria, General (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 5. Decision Criteria for Waivers of Street Improvements . . . . . . . . . . . . . . . . . 80 D.Modification Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80.1 1. Application Time and Decision Authority . . . . . . . . . . . . . . . . . . . . . . . . . 80.1 2. Decision Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80.1 E.Alternate Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 1. Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 2. Decision Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 3. Substantiation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 4. Record of Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 F. Absence of Valid Scientific Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 4-9-260 VIOLATIONS OF THIS CHAPTER AND PENALTIES . . . . . . . . . . . . . . . . . . 81 4-9-015C 9 - 1 (Revised 3/13) 4-9-010 ANNEXATION PROCEDURES: It is the intention of the City Council that provi- sions of State law governing annexations as set forth in chapter 35A.14 RCW as it presently exists or as it may be amended shall control and that this section shall be supplemental thereto. Upon filing a Notice of Intent to Commence Annexation Proceedings with the City Clerk, as referenced in RMC 4-8-120D, the submitting party shall simul- taneously pay an annexation processing fee in the amount stipulated in RMC 4-1-170A to com- pensate the City for administrative cost and ex- pense in the processing, checking and handling of such annexation request, which fee shall like- wise include the publication and posting expense of any notice pertaining to the annexation. (Ord. 5169, 12-5-05) 4-9-015 AQUIFER PROTECTION AREA PERMITS: A. PURPOSE: The purpose of this Section is to protect aquifers used as potable water supply sources by the City from contamination by hazardous materials. This Section establishes permit procedures, operating permits, closure permits, and uniform standards for release reporting, emergency response, clo- sure and abandonments. (Amd. Ord. 4992, 12-9-2002) B. APPLICABILITY: 1. Operating Permits Required: No per- son, persons, corporation, or other legal enti- ties shall operate a facility in an aquifer protection area (APA) (see RMC 4-3-050Q1, Maps, Aquifer Protection) without first obtain- ing an operating permit from the Department. Any person who owns more than one facility in a single zone of the APA shall have the op- tion of obtaining one permit for all operations if the operations at each facility are similar and the permit requirements under this Sec- tion are applicable to each facility individually. 2. Closure Permits Required in Zone 1: No owner of a facility in Zone 1 shall close a facility without first obtaining a closure permit to do so from the Department. The owner of a facility shall obtain a closure permit before operations requiring an operating permit cease at the facility or before the facility is sold or otherwise transferred to a new owner. 3. Reporting of Unauthorized Release of Hazardous Materials: All persons shall com- ply with RMC 4-3-050H10 and subsection G of this Section relating to unauthorized re- lease of hazardous materials. (Amd. Ord. 4992, 12-9-2002) C. EXEMPTIONS – OPERATING AND CLOSURE PERMITS: The following land uses and activities do not re- quire operating or closure permits, but may re- quire compliance with other standards and regulations in RMC 4-3-050, Critical Areas Regu- lations. 1. Pipelines, Roadways, Railroads: Pipe- lines including storm and sanitary sewers and product pipelines, interstate freeways, State highways, arterials, local access streets, and railroads. 2. Cleanups, Monitoring and/or Studies under State or Federal Supervision: Clean- ups, monitoring and/or studies undertaken under supervision of the Washington Depart- ment of Ecology or the U.S. Environmental Protection Agency. 3. Use, Storage, and Handling of Spe- cific, Listed Hazardous Materials That Do Not Present a Risk to the Aquifer: a. Hazardous Materials That Do Not Present a Risk to the Aquifer: Use, storage, and handling of specific hazard- ous materials that do not present a risk to the aquifer as determined and listed by the Department are exempt from all reg- ulation under this Section with the excep- tion of the requirement to list these hazardous materials on the hazardous materials inventory statement as pro- vided by RMC 4-8-120D15a, Operating Permit Application, Aquifer Protection Area. b. Sale of Hazardous Materials in Original, Small Containers: Hazardous materials offered for sale in their original containers of five (5) gallons or less. 4-9-015D (Revised 3/13)9 - 2 c. Hazardous Materials in De Minimis Amounts: Hazardous materials use, storage, and handling in de minimis amounts (aggregate quantities totaling twenty (20) gallons or less at the facility). Hazardous material weights shall be con- verted to volumes for purposes of deter- mining whether de minimis amounts are exceeded. Ten (10) pounds shall be con- sidered equal to one gallon. d. Hazardous Materials Contained in Properly Operating Sealed Units: Haz- ardous materials contained in properly operating sealed units (transformers, re- frigeration units, etc.) that are not opened as part of routine use. e. Residential Use, Storage, and Handling of Hazardous Materials: Non- commercial residential use, storage, and handling of hazardous materials provided that no home occupation business (as defined by chapter 4-11 RMC, Defini- tions) that uses, stores, or handles more than twenty (20) gallons of hazardous material is operated on the premises. f. Fuel Tanks and Fluid Reservoirs Attached to Motor Vehicle: Hazardous materials in fuel tanks and fluid reservoirs attached to a private or commercial mo- tor vehicle and used directly in the opera- tion of that vehicle. g. Fuel Oil: Fuel oil used in existing heating systems. h. Emergency – Governmental Orga- nization: Public interest emergency use, storage, and handling of hazardous ma- terials by governmental organizations. i. Water Treatment and Water System Use: Hazardous materials used, stored, and handled by the City of Renton in wa- ter treatment processes and water sys- tem operations. j. Fueling of Equipment Not Li- censed for Street Use: Fueling of equip- ment not licensed for street use provided that such fueling activities are conducted in a containment area that is designed and maintained to prevent hazardous materials from coming into contact with soil, surface water, or groundwater. k. Hazardous Materials in Equipment Fuel Tanks: Hazardous materials in fuel tanks attached to private or commercial equipment and used directly in the oper- ation of that equipment. l. Hazardous Materials in Aerosol Cans. m. Hazardous Materials at Specified Facilities: Hazardous materials at multi- family dwellings, hotels, motels, retire- ment homes, convalescent centers/nurs- ing homes, mobile or manufactured home parks, group homes, and daycare family homes or centers when used by owners and/or operators of such facilities for on-site operation and maintenance purposes. n. Janitorial Supplies: Hazardous materials used for janitorial purposes at the facility where the products are stored. o. Personal Care Products: Hazard- ous materials used for personal care by workers or occupants of the facility at which the products are stored including but not limited to soaps, hair treatment, grooming aids, health aids, and medi- cines. (Amd. Ord. 4992, 12-9-2002) D. ADMINISTRATION: The Community and Economic Development Ad- ministrator shall have the power and authority to administer and enforce the provisions of this Chapter. (Amd. Ord. 4992, 12-9-2002; Ord. 5676, 12-3-2012) E. OPERATING PERMIT: 1. Submittal Requirements and Fees: Submittal requirements shall be as listed in chapter 4-1 RMC, Administration and En- forcement, and RMC 4-8-120, Submittal Re- quirements – Specific to Application Type. There is no fee for an operating permit. (Amd. Ord. 4992, 12-9-2002) 4-9-015E 9 - 3 (Revised 3/13) 2. Operating Permit Criteria – Zones 1 and 2: a. Criteria – Zones 1 and 2: The De- partment shall not issue an operating permit for a facility unless adequate plans, specifications, test data, and/or other appropriate information has been submitted by the owner showing that the proposed design and construction of the facility meets the intent and provisions of this Section and RMC 4-3-050, Critical Areas Regulations, and will not impact the short term, long term or cumulative quantity or quality of groundwater. b. Additional Criteria – Zone 1: In Zone 1 of an APA, no change in opera- tions at a facility shall be allowed that in- creases the quantities of hazardous ma- terials stored, handled, treated, used, or produced in excess of quantities reported in the initial aquifer protection area oper- ating permit with the following exception: An increase in the quantity of hazardous materials is allowed up to the amount al- lowed for a new facility in Zone 1 as pro- vided by RMC 4-3-050C8d(i), Prohibited Activities – Aquifer Protection Areas. 3. Operating Permits – Conditions for Zone 1 and 2: Specific conditions for operat- ing permits issued to facilities in Zones 1 and 2 of an APA are described in RMC 4-3-050H, Aquifer Protection. The following general conditions in subsections E3a, b, c, and d, and E4 through E6 of this Section shall be in- cluded as part of any operating permit issued pursuant to this Section: a. In-House Inspection and Mainte- nance: Procedures for the in-house in- spection and maintenance of contain- ment devices and areas where hazardous materials are stored, handled, treated, used, and produced shall be identified in the operating permit for each facility. Such procedures shall be in writ- ing, and a log shall be kept of all inspec- tion and maintenance activities. Such logs shall be submitted to the Department annually and shall be available for inspec- tion. Inspection and maintenance logs shall be maintained on-site by the owner for a period of at least three (3) years from the date the monitoring was performed. b. Changes to Facility – Responsibil- ity to Report: The permittee shall report to the Department within fifteen (15) days after any changes in a facility including: i. The storage, handling, treatment, use, or processing of new hazardous materials; ii. Changes in monitoring proce- dures; or iii. The replacement or repair of any part of a facility that is related to the hazardous material(s). c. Unauthorized Release – Respon- sibility to Report: The permittee shall report to the Department any unautho- rized release occurrence, within twenty four (24) hours of its detection, in accor- dance with subsection H2a of this Sec- tion. d. Compliance with Inspection Re- port: Within thirty (30) days of receiving an inspection report from the Depart- ment, the operating permit holder shall file with the Department a plan and time schedule to implement any required modifications to the facility or to the mon- itoring plan needed to achieve compli- ance with the intent of this Chapter or the permit conditions. This plan and time schedule shall also implement all of the recommendations of the Department. 4. Effect of Operating Permit: An operat- ing permit, issued by the Administrator, shall be effective for one year. A permit to operate a facility shall not be issued until it is deter- mined that the facility complies with the provi- sions of these regulations. If an inspection of the facility reveals noncompliance, then the Administrator must verify by a follow-up in- spection that all required corrections have been implemented before renewing the per- mit. The facility owner shall apply to the De- partment for permit renewal at least sixty (60) days prior to the expiration of the permit. (Ord. 5676, 12-3-2012) 5. Operating Permit Renewal: All aquifer protection area operating permits must be re- newed by the Department on an annual basis. 4-9-015F (Revised 3/13)9 - 4 6. Transferability: Operating permits may be transferred to a new facility owner if the new facility owner does not change any con- ditions of the permit, the transfer is registered with the Department within thirty (30) days of the change in ownership, and any necessary modifications are made to the information in the initial permit application due to the change in ownership. F. CLOSURE PERMIT: 1. Submittal Requirements and Fees: Submittal requirements shall be as listed in chapter 4-1 RMC, Administration and En- forcement, and RMC 4-8-120, Submittal Re- quirements – Specific to Application Type. There is no fee for a closure permit. 2. Closure Permits and Permit Condi- tions – Zone 1: a. Closure Permit Application Re- quired for Facilities: A closure permit application shall include: i. A list of hazardous materials to be removed from premises, the method of removal, and the final destination (include product names and quanti- ties); ii. A list of potentially contaminated equipment and/or containment de- vices to be removed from premises and a description of the method of disposal or recycling; iii. A plan prepared by a profes- sional engineer or geologist licensed in the State of Washington to investi- gate the facility to determine whether it is free of contamination exceeding Model Toxics Control Act (MTCA) standards (chapter 173-340 WAC), to report findings to the Water Utility, and to describe remediation needed, if any, according to said standards and RMC 4-9-015G; iv. A written agreement between the owner, the property owner, and the purchaser or other recipient, in lieu of subsections F2a(i) and (ii) of this Section, stating that the owner will not remove hazardous materials and containment devices from the fa- cility because all agree that the mate- rials and devices are needed to continue to operate the facility; v. A schedule for implementation of subsections F2a(i) and (ii) of this Section and the investigation de- scribed in subsection F2a(iii). b. No Detectable Unauthorized Re- leases: The owner of a facility being closed shall demonstrate to the satisfac- tion of the Department that no detectable unauthorized release has occurred or that unauthorized releases have been cleaned up. Cleanup shall be considered to be complete when, according to the best available scientific evidence, the risk of causing the city water supply to fail to meet Washington State drinking water quality standards has been removed and the cleanup meets the Model Toxics Con- trol Act Cleanup Regulation (chapter 173-340 WAC). This demonstration can be based on the ongoing leak detection monitoring, groundwater monitoring, or soils sampling performed during or im- mediately after closure activities. c. Determination of Unauthorized Release: If an unauthorized release is determined to have occurred, the facility owner shall comply with subsection G of this Section, Unauthorized Releases. d. Completion of Facility Closure: Facility closure will be accepted as com- plete by the Department upon implemen- tation of the closure permit conditions and compliance with all other provisions of the Section. e. Time to Complete Closure: Facility closure must be completed according to a timetable and permit conditions deter- mined by the Department and shall, in all cases, be completed within one year of the date when a closure permit is re- quired. (Amd. Ord. 4992, 12-9-2002) G. UNAUTHORIZED RELEASES: 1. Unauthorized Release Prohibited, Re- porting Required: Hazardous materials shall not be spilled, leaked, emitted, dis- 4-9-015G 9 - 4.1 (Revised 3/13) charged, disposed, or allowed to escape or leach into the air, into groundwater, surface water, surface soils or subsurface soils. Ex- ception: Intentional withdrawals of hazardous materials for the purpose of legitimate sale, use, or disposal and discharges permitted under Federal, State, or local law. All unau- thorized releases as defined in RMC 4-11-210, Definitions U, shall be reported to the Department within twenty four (24) hours of discovery that the release has occurred. Unauthorized releases shall be reported by the person or persons responsible for the re- lease and/or the owner of the property on which the release has occurred. 2. Unauthorized Releases from Facilities – Report Time and Content: a. Requirement to Report within Twenty Four (24) Hours: Unauthorized releases shall be reported to the Depart- ment within twenty four (24) hours of dis- covery of the occurrence and shall be recorded in the owner’s inspection and maintenance log. b. Unauthorized Release Report: The report shall contain the following informa- tion that is known at the time of filing the report: i. List of type, quantity, and concen- tration of hazardous materials re- leased. ii. The results of all investigations completed at the time to determine the extent of soil or groundwater or surface water contamination be- cause of the release. iii. Method of cleanup implemented to date and proposed cleanup ac- tions. iv. Method and location of disposal of the released hazardous material and any contaminated soils, ground- water, or surface water. v. Proposed method of repair or re- placement of the containment device. vi. Facility owner’s name and tele- phone number. c. Cleanup Progress Reports: Until cleanup is complete, the owner shall sub- mit reports to the Department every month or at a more frequent interval spec- ified by the Department. The reports shall include the information requested in this Section. Cleanup shall be considered to be complete when, according to the best available scientific evidence, the risk of causing the City water supply to fail to meet State drinking water quality stan- dards has been removed and the cleanup meets the Model Toxics Control Act Cleanup Regulation (chapter 173-340 WAC). 3. Monitoring Results: a. Detection and Prevention of Fur- ther Contamination: Semi-annually, or more frequently, the Department may re- view all site monitoring results submitted by owners in an APA. The Department may require the owner to immediately ac- complish the following if a hazardous ma- terial is detected in an owner’s monitoring well(s), surface water runoff, and/or site soils and the concentration exceeds Model Toxics Control Act Cleanup Stan- dards as provided in chapter 173-340 WAC or if, according to the best available scientific information, the concentration may cause the City water supply to fail to meet State drinking water quality stan- dards: i. Locate and determine the source of the hazardous material detected. ii. Stop and prevent any further un- authorized release(s), of the hazard- ous material detected, if under the control of the owner. iii. Comply with the requirements for an unauthorized release(s) from a facility. (Amd. Ord. 4992, 12-9-2002) b. Owners Proving Nonresponsible: The owner shall not be subject to this mandatory action specified in subsection G3a of this Section, Detection and Pre- vention of Further Contamination, if the owner can present acceptable technical data that substantiates that it is not re- sponsible for the violation. 4-9-015H (Revised 3/13)9 - 4.2 c. Remedy: The facility owner or other person responsible for an unauthorized release and/or the owner of the property on which a release of hazardous materi- als has occurred shall initiate and com- plete all actions necessary to remedy the effects of such release on the City of Renton water supply at no cost to the City. If an unauthorized release causes or is expected, according to the best available scientific evidence, to cause the drinking water supply of the City of Renton to fail to comply with State drinking water quality standards, and if the facility owner or other person responsible for an unautho- rized release and/or the owner of the property on which the release has oc- curred fails to address the unauthorized release in a timely manner, the Depart- ment or its authorized agents shall have the authority to implement removal or re- medial actions. Such actions may in- clude, but not be limited to, the prevention of further groundwater contamination; in- stallation of groundwater monitoring wells; collection and laboratory testing of water, soil, and waste samples; cleanup and disposal of hazardous materials, and remediation of soil and/or groundwater. The facility owner or other person respon- sible for an unauthorized release and/or the owner of the property on which the re- lease has occurred shall be responsible for any costs incurred by the Department or its authorized agents in the conduct of such remedial actions and shall be re- sponsible for City expenses incurred due to the unauthorized release including but not limited to removal and/or remedial ac- tions, water supply operations, replace- ment of wells, and water treatment. d. Additional Federal, State, and Lo- cal Laws: Reporting a release to the De- partment does not exempt or preempt any other reporting requirements under Federal, State, or local laws. H. PERMIT SUSPENSION OR REVOCATION: 1. Operating Permit Suspension: The Department may, without warning or hearing, suspend an operating permit if continued op- eration of the facility constitutes an immedi- ate threat to the aquifer or if violations have not been corrected within the time specified in an inspection report. Suspension is effective upon service of notice in writing to the owner or the person in charge at the facility that the permit is immediately suspended and that an opportunity for a hearing on the validity of the suspension will be provided if a written re- quest for hearing is filed with the Administra- tor by the owner within ten (10) days after the suspension. The filing of a written request for hearing shall not stay the effectiveness of the suspension. When an operating permit is suspended, facility operations shall immedi- ately cease. 2. Operating Permit Reinstatement After Suspension: The owner whose operating permit has been suspended may submit to the Department, within ten (10) days of notice of permit suspension or within twenty (20) days of a hearing, if one is requested, a writ- ten application for an inspection and rein- statement of a suspended permit. The appli- cation shall include a statement signed by the applicant that, in his or her opinion, the condi- tions causing suspension of the permit have been corrected. The Department shall, within five (5) working days following the receipt of the application, inspect the facility. The permit shall be reinstated within five (5) working days of the inspection if the facility is in complete compliance with RMC 4-3-050, Critical Areas Regulations, as determined by the Depart- ment. 3. Operating Permit Revocation: The De- partment may revoke an operating permit if the owner does not apply for a reinspection or hearing within ten (10) days of permit suspen- sion, if the owner does not apply for a rein- spection within twenty (20) days of a hearing, for repeated violations of any of the require- ments of RMC 4-3-050, Critical Areas Regu- lations, for interference with the Department in the performance of duty, for submitting false or inaccurate information, and for intentional unauthorized release of hazardous materials within the APA. Prior to revocation, the De- partment shall notify, in writing, the owner of the specific reason(s) for which the permit is to be revoked and that the permit shall be re- voked at the end of the tenth day following service of such notice unless a written request for hearing with the Administrator is filed with the Department by the owner within ten (10) days after the date of service, in which case 4-9-020D 9 - 4.3 (Revised 5/18) the revocation shall be stayed until the issu- ance of a final decision following the hearing. When an operating permit is revoked, facility operations shall immediately cease. The de- cision as to whether an unauthorized release of hazardous materials by the owners was in- tentional shall be made by the Administrator. (Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012) 4. Application for Closure Permit Follow- ing Operating Permit Revocation: The owner of a facility whose operating permit has been revoked shall immediately apply for a closure permit and shall comply with closure requirements and closure permit conditions according to a schedule determined by the Department. 5. Application for Operating Permit Fol- lowing Revocation: The owner of a facility for which the operating permit has been re- voked may make written application for a new permit. The owner of a facility for which the operating permit has been revoked for rea- sons including but not limited to accidental or intentional unauthorized release of hazard- ous materials into the APA may be perma- nently banned by the Administrator from ob- taining an operating permit for the same facility or another facility at any location in the APA. I. APPEAL: Administrative determinations or permit decisions shall be subject to appeal pursuant to RMC 4-8-110, Appeals. (Ord. 4851, 8-7-2000) 4-9-020 COMPREHENSIVE PLAN ADOPTION AND AMENDMENT PROCESS: A. PURPOSE: The purpose of this section is to describe the pro- cedures and review criteria for Comprehensive Plan amendments. B. AUTHORITY: The Growth Management Act (“GMA”) requires that an adopted Comprehensive Plan shall be subject to continuing review and evaluation and that any amendment or revision to the Compre- hensive Plan conform to the requirements of Chapter 36.70A RCW, and that any change to de- velopment regulations or official controls is con- sistent with and implements the Comprehensive Plan. GMA requires that the City perform its activ- ities and make capital budget decisions in confor- mity with the Comprehensive Plan. Additionally, GMA specifically requires that the City establish procedures whereby proposed amendments or revisions of the Comprehensive Plan are consid- ered by City Council no more frequently than once every year, with the following exceptions: initial adoption of a subarea plan; adoption or amendment of a Shoreline Master Program; amendment of the Capital Facilities element; and whenever an emergency exists. Proposed amendments must be considered concurrently so the cumulative effect of the proposals can be as- certained. C. INITIATION OF PROPOSED COMPREHENSIVE PLAN AMENDMENTS: 1. The Mayor, City Council, or Planning Commission may initiate a Comprehensive Plan amendment by submitting the request in writing to the Community and Economic De- velopment Administrator. 2. The Community and Economic Develop- ment Administrator may initiate Comprehen- sive Plan amendments that are necessary to ensure the consistency of the Comprehen- sive Plan, or other City plans and policies, with GMA. 3. Private parties may initiate a Compre- hensive Plan amendment by submitting an application by October 15th for consideration the following year. (Ord. 5579, 11-15-2010; Ord. 5676, 12-3-2012) D. APPLICATION AND SUBMITTAL REQUIREMENTS: 1. The application and submittal require- ments for amendments initiated by private parties are listed in RMC 4-8-120C, Land Use Applications. City-initiated amendments are exempt from formal application. 2. The fee for amendments initiated by pri- vate parties is listed in RMC 4-1-170, Land Use Review Fees. City-initiated amendments will not be assessed a fee. 3. Applications for Comprehensive Plan amendments shall not be accepted in the fol- 4-9-020E (Revised 5/18)9 - 4.4 lowing circumstances, unless the amend- ment involves the correction of a technical error: a. Applications which were submitted for amendment in the previous Compre- hensive Plan amendment cycle that were denied; b. Applications for amendment of the Comprehensive Plan land use map in- volving properties considered for amend- ment in the previous Comprehensive Plan amendment cycle; c. Applications for amendment involv- ing properties located within a community planning area in which the community planning process has been initiated; or, where a community plan has been ad- opted within the two (2) years prior to the amendment cycle. E. REVIEW PROCESS: 1. Comprehensive Plan amendments shall be considered by the City Council concur- rently, and no more frequently than once per year, unless the amendment is exempt by GMA from the annual amendment cycle. 2. Applications for Comprehensive Plan amendments by private parties shall be ac- cepted by the Department of Community and Economic Development between August 1st and October 15th for consideration during the following year. (Ord. 5579, 11-15-2010) 3. City-initiated applications may be ac- cepted at any time, but shall be initiated by March 15th for consideration during the cur- rent year’s amendment cycle. City-initiated applications accepted after March 15th will be considered during the next amendment cycle. This does not apply to amendments exempt from adoption during the annual cy- cle by GMA. (Ord. 5579, 11-15-2010) 4. The Department of Community and Eco- nomic Development shall conduct its review of Comprehensive Plan amendments concur- rently with Planning Commission review. However, all departmental reporting and evaluation, including necessary environmen- tal review, shall be completed prior to the Planning Commission making recommenda- tions on the Comprehensive Plan amend- ments. 5. The Planning Commission shall consider all Comprehensive Plan amendments, unless exempt by GMA from the annual amendment cycle, concurrently so that the cumulative ef- fect of the proposals can be ascertained. 6. Planning Commission shall forward a recommendation to the City Council after a public hearing. 7. Comprehensive Plan amendments shall be adopted by ordinance of the City Council. F. REVIEW CRITERIA: 1. All Comprehensive Plan amendments will be evaluated on their merits based upon the following: a. The effect upon the rate of growth, development, and conversion of land as envisioned in the Comprehensive Plan; b. The effect upon the City’s capacity to provide adequate public facilities; c. The effect upon the rate of population and employment growth; d. Whether Comprehensive Plan objec- tives are being met as specified or re- main valid and desirable; e. The effect upon general land values and housing costs; f. Whether capital improvements or ex- penditures, including transportation, are being made or completed as expected; g. Whether the initiated amendment conforms to the requirements of the GMA, is internally consistent with the Comprehensive Plan, and is consistent with the County-wide Planning Policies for King County; h. The effect upon critical areas and natural resource lands; i. Consistency with locational criteria in the Comprehensive Plan and application requirements established in this section; 4-9-025C 9 - 4.5 (Revised 8/18) j. Consistency with the policies set forth in the Comprehensive Plan; k. The effect upon other considerations as deemed necessary by the Depart- ment. (Ord. 5853, 8-7-17) 2. All applications must meet at least one of the following criteria: a. The request supports the vision em- bodied in the Comprehensive Plan; or b. The request supports the adopted business plan goals established by the City Council; or c. The request eliminates conflicts with existing elements or policies; or d. The request amends the Compre- hensive Plan to accommodate new policy directives of the City Council. 3. Proposals that include a concurrent re- zone proposal shall also comply with the de- cision criteria for a change of zone classification in RMC 4-9-180. G. PUBLIC NOTICE AND COMMENT PERIOD: 1. Public Notice of Application: The appli- cant and the public shall be notified of the ap- plication for a Comprehensive Plan amend- ment at least ten (10) days prior to the first Planning Commission meeting in which the Department of Community and Economic De- velopment reports on the amendment. Notice should consist of at least two (2) of the follow- ing methods: mailings to property owners po- tentially affected by the proposal, posting of at least three (3) notices in the area affected by the proposal, publication in the official news- paper if one has been designated, or in a newspaper of general circulation if one has not been designated, notice posted on the City’s website, or postings at City Hall and public libraries within the City. 2. Notice of Public Hearing before the Planning Commission: The public shall be notified at least ten (10) days prior to the date of the Planning Commission public hearing with a publication in the official newspaper if one has been designated, or a newspaper of general circulation if one has not been desig- nated. The applicant and any parties of record shall also be sent a notice by mail at least ten (10) days prior to the date of the hearing. 3. Comment Period for Planning Com- mission Public Hearing: Written comments will be accepted for ten (10) days prior to the date of the public hearing until seven (7) days after the date of the public hearing, unless the comment period is extended by a vote of the Commission. Verbal comments will only be accepted at the time of the hearing. All com- ments, including those sent by electronic means, must be accompanied by the full name and mailing address of the person mak- ing the comment. (Ord. 3976, 3-3-1986; Ord. 4437, 2- 21-1994; Ord. 4722, 5-11-1998; Ord. 4794, 9-20-1999; Ord. 5516, 12-14-2009) 4-9-025 TITLE IV DEVELOPMENT REGULATION REVISION AND INTERPRETATION PROCESS: A. PURPOSE: The purpose of this Section is to describe the pro- cedures and review criteria for amendments to, and interpretations of, the Development Regula- tions, Title IV of the Renton Municipal Code. Code interpretations provide temporary clarifica- tion of Title IV. Once an interpretation is issued, the subject will be submitted to the docket for Title IV amendments. B. AUTHORITY: In accordance with RCW 36.70A.470, a summary containing written comments on suggested devel- opment regulation amendments shall be coordi- nated by the Department of Community and Economic Development. The text revision pro- cess is the means to either suggest a change, or to identify needed corrections, or both, in the de- velopment regulations. The Community and Eco- nomic Development Administrator has the authority to issue Title IV code interpretations. (Ord. 5676, 12-3-2012) C. APPLICABILITY: 1. Proposed Title IV Development Regula- tion amendments may be suggested by: a. The Mayor, City Council, or Planning Commission by submitting the request in 4-9-025D (Revised 8/18)9 - 4.6 writing to the Community and Economic Development Administrator. b. The Community and Economic De- velopment Administrator. c. Private parties by submitting an ap- plication to the Department of Commu- nity and Economic Development. d. Code interpretations issued by the Community and Economic Development Administrator. 2. Any person may submit a written request for code interpretation to the Community and Economic Development Administrator, re- garding any applicable title or any subse- quent amendment thereto. (Ord. 5676, 12-3-2012) D. REVIEW PROCESS FOR TITLE IV AMENDMENTS: 1. Applications for Title IV amendments may be accepted at any time and placed on the Title IV docket. Imperative Title IV amend- ments designated by the Mayor, City Council, or Planning Commission may be given higher priority and processed outside the annual Ti- tle IV process outlined in this section. 2. The Department of Community and Eco- nomic Development shall keep a docket of suggested Title IV amendments that includes the following: a. Name and address of the person or agency requesting the amendment; b. Description of the amendment; c. Date of the request; d. Map of the affected area, if appropri- ate. 3. The Council may review the Title IV docket to determine which applications to in- clude in the Planning Commission’s annual work program; however, text amendments that are purely administrative or procedural do not require a public hearing, nor do they require review or recommendations of the Planning Commission. For the purposes of this Section, substantive amendments shall be distinguished from procedural or adminis- trative amendments in accordance with the following: “Substantive” matters relate to reg- ulations that define or limit what can be done in terms of conduct, use, development, or ac- tion (e.g., what use may be made of land, what requirements apply to development, what public infrastructure may be required of certain developments), and “procedural” or “administrative” matters are those that relate to procedures, processes, or submittal re- quirements (e.g., time limits for applications and appeals, what forms must be used, how applications must be processed). 4. The Department of Community and Eco- nomic Development shall conduct its review of Title IV concurrently with Planning Com- mission review; with the exception of purely administrative or procedural text amend- ments. However, all departmental reporting and evaluation, including necessary environ- mental review, shall be completed prior to the Planning Commission making recommenda- tions on the amendments. 5. The Planning Commission shall forward a recommendation to the City Council after a public hearing. 6. Title IV amendments shall be adopted by ordinance of the City Council after review by the City Council. E. REVIEW CRITERIA FOR TITLE IV AMENDMENTS: All Title IV amendments will be evaluated on their merits based upon the following: 1. Consistency and compliance with the Comprehensive Plan; and 2. All revisions must meet with at least one of the following criteria: a. The revision eliminates conflicts within the code or between the code and the Comprehensive Plan; or b. The revision changes code language to provide clarity, consistency, or ease of administration; or c. The revision directly implements pol- icies of the Comprehensive Plan or City Business Plan; or 4-9-030C 9 - 4.7 (Revised 8/18) d. The revision accommodates new policy directives of the City Council or Ad- ministration. F. PUBLIC NOTICE AND COMMENT PERIOD FOR TITLE IV AMENDMENTS: 1. Notice of Public Hearing Before the Planning Commission: The public shall be notified at least ten (10) days prior to the date of the Planning Commission public hearing with a publication in the official newspaper if one has been designated, or a newspaper of general circulation if one has not been desig- nated. The applicant and any parties of re- cord shall also be sent a notice by mail at least ten (10) days prior to the date of the hearing. 2. Comment Period for Planning Com- mission Public Hearing: Written comments will be accepted for ten (10) days prior to the date of the public hearing until seven (7) days after the date of the public hearing, unless the comment period is extended by a vote of the Commission. Verbal comments will only be accepted at the time of the hearing. All com- ments, including those sent by electronic means, must be accompanied by the full name and mailing address of the person making the comment. G. REVIEW PROCESS FOR TITLE IV INTERPRETATIONS: 1. Requests for code interpretations shall include: a. The section of the code that is al- legedly ambiguous or needing clarifica- tion; b. The subject matter or nature of the request; and c. Any facts relevant to the request. 2. The Community and Economic Develop- ment Administrator may deny or reject the re- quest if there is no ambiguity or need for clarification demonstrated by the requestor. 3. Once an interpretation is issued, the Ad- ministrator may consider the issue resolved and reject future requests to render an inter- pretation on the matter. 4. The Community and Economic Develop- ment Administrator shall post proposed inter- pretations on the City website for public review comment and possible appeal. 5. Approved interpretations shall follow the process of Development Regulations amend- ments and be amended into Title IV annually. (Ord. 4975, 7-1-2002; Ord. 5450, 3-2-2009; Ord. 5516, 12-14-2009; Ord. 5676, 12-3-2012; Ord. 5882, 5-7-2018) 4-9-030 CONDITIONAL USE PERMITS: A. PURPOSE: The purpose of this Section is to set forth proce- dures and criteria for reviewing Conditional Use Permit applications. Conditional Use Permits al- low for review of certain uses with special charac- teristics that may not generally be appropriate within a zoning district, but may be permitted sub- ject to conditions and mitigation measures that protect public health, safety and welfare and en- sure compatibility with other uses in the district. B. APPLICABILITY: Except for Shoreline Conditional Uses per RMC 4-9-190, Shoreline Permits, the provisions of this Section shall apply to all Conditional Use Permit applications. No existing building or structure shall be converted to a conditional use unless such building or structure complies, or is brought into compliance, with the provisions of this Sec- tion. C. REVIEW AUTHORITY: 1. General: RMC 4-2-050C explains how to interpret the Zoning Use Tables. Uses identi- fied with an “AD” (Conditional Use – Adminis- trative) in RMC 4-2-060, Zoning Use Table, shall be reviewed administratively by the Community and Economic Development Ad- ministrator while uses identified with an “H” (Conditional Use – Hearing Examiner) shall require a public hearing and review by the Hearing Examiner. 2. Exception when Significant Concerns Remain: In cases where the Administrator 4-9-030D (Revised 8/18)9 - 4.8 and/or the Environmental Review Committee determines that there are significant unre- solved concerns raised by a proposal that would otherwise be reviewed administra- tively, the Administrator and/or the Environ- mental Review Committee may issue a determination that a public hearing and Hear- ing Examiner review is required. Such deter- mination may be appealed to the Hearing Examiner pursuant to RMC 4-8-110E. (Ord. 5676, 12-3-2012) D. DECISION CRITERIA: Except for wireless communication facilities, the Administrator or the Hearing Examiner shall con- sider, as applicable, the following factors for appli- cations: (Ord. 5675, 12-3-2012) 1. Consistency with Plans and Regula- tions: The proposed use shall be compatible with the general goals, objectives, policies and standards of the Comprehensive Plan, the zoning regulations and any other plans, programs, maps or ordinances of the City of Renton. 2. Appropriate Location: The proposed location shall not result in the detrimental overconcentration of a particular use within the City or within the immediate area of the proposed use. The proposed location shall be suited for the proposed use. 3. Effect on Adjacent Properties: The proposed use at the proposed location shall not result in substantial or undue adverse ef- fects on adjacent property. 4. Compatibility: The proposed use shall be compatible with the scale and character of the neighborhood. 5. Parking: Adequate parking is, or will be made, available. 6. Traffic: The use shall ensure safe move- ment for vehicles and pedestrians and shall mitigate potential effects on the surrounding area. 7. Noise, Light and Glare: Potential noise, light and glare impacts from the proposed use shall be evaluated and mitigated. 8. Landscaping: Landscaping shall be pro- vided in all areas not occupied by buildings, paving, or critical areas. Additional landscap- ing may be required to buffer adjacent prop- erties from potentially adverse effects of the proposed use. 9. Specific Requirements for Kennels and Pet Day Cares: In addition to the criteria above, the following criteria shall also be con- sidered for kennel and pet day care applica- tions: a. History: Past history of animal con- trol complaints relating to the applicant’s dogs and cats at the address for which the kennel and/or pet day care is located or to be located. Conditional Use Permits shall not be issued for kennels or pet day cares to applicants who have previously had such permits revoked or renewal re- fused, for a period of one year after the date of revocation or refusal to renew. b. Standards for Keeping Animals: The applicant or facility owner shall com- ply with the requirements of RMC 4-4-010, Animal Keeping and Beekeep- ing Standards. (Ord. 5837, 6-12-2017) 10. Specific Requirements for Secure Community Transition Facilities (SCTF), Crisis Diversion Facilities (CDF) and Cri- sis Diversion Interim Service Facilities (CDIS): In addition to the criteria in subsec- tions D1 through D8 of this Section, the fol- lowing criteria shall be considered for secure community transition facilities, crisis diver- sion facilities, and interim service facilities: a. Whether alternative locations were reviewed and consideration was given to sites that are farthest removed from any risk potential activity; b. Whether adequate buffering is pro- vided from abutting and adjacent uses; c. Whether adequate security is demonstrated by the applicant; d. Whether public input was provided during the site selection process; and e. For SCTF there is no resulting con- centration of residential facility beds op- erated by the Department of Corrections or the Mental Health Division of the De- 4-9-030D 9 - 4.8a (Revised 8/18) partment of Social and Health Services, the number of registered sex offenders classified as Level II or Level III, and the number of sex offenders registered as homeless in a particular neighborhood, community, jurisdiction or region. 11. Specific Requirements for Live-Work Units: In addition to the criteria in subsec- tions D1 through D8 of this Section and the development standards of the zone where the unit(s) is proposed, the following criteria shall be considered: (Revised 8/18)9 - 4.8b This page left intentionally blank. 4-9-030E 9 - 4.9 (Revised 5/18) a. Each unit shall: i. Not exceed a maximum of one thousand (1,000) square feet of non- residential space for commercial ac- tivity; ii. Include all nonresidential space, to the maximum allowed, con- structed to commercial building stan- dards; iii. Provide an internal connection between the residential and nonresi- dential space within each unit; and iv. Provide a street presence and pedestrian-oriented facade for the nonresidential space. b. Only the following uses are allowed within the nonresidential space of a unit: i. Eating and drinking establish- ments; ii. On-site services; and iii. Retail sales. c. Within the Residential-14 (R-14) Zone, live-work units shall only be al- lowed along primary, minor, and collector arterials. d. Within the Commercial Arterial (CA) Zone, live-work units shall only be al- lowed at a distance of one hundred fifty feet (150') or greater from an arterial. (Ord. 5841, 6-12-2017) E. DECISION CRITERIA – WIRELESS COMMUNICATION FACILITIES: 1. Decision Criteria: In lieu of the criteria in subsection D of this Section, Decision Crite- ria, the following criteria in subsections E1a through i of this Section shall be considered in determining whether to issue a conditional use permit for a wireless communication facil- ity (WCF) except a small cell facility; however, the Administrator may waive or reduce the burden on the applicant of one or more of these criteria if the Administrator concludes that the goals of RMC 4-4-140, Wireless Communication Facilities, are better served by the applicant’s proposal. In lieu of the cri- teria in subsection D of this Section, Decision Criteria, the following criteria in subsections E1a through d and f of this section shall be considered in determining whether to issue an administrative conditional use permit for a small cell facility; however, the Administrator may waive or reduce the burden on the appli- cant of one or more of these criteria if the Ad- ministrator concludes that the goals of RMC 4-4-140, Wireless Communication Facilities, are better served by the applicant’s proposal: a. Height and Design: The height of the proposed tower and/or antenna as well as incorporation of design character- istics that have the effect of reducing or eliminating visual obtrusiveness. b. Proximity to Surrounding Uses: The nature of uses on adjacent and nearby properties and the proximity of the tower and/or antenna to residential structures and residential district bound- aries. c. Nature of Surrounding Uses: The nature of uses on adjacent and nearby properties. The proposed use at the pro- posed location shall not result in substan- tial or undue adverse effects on adjacent property. d. Topography and Vegetation: The surrounding topography and tree canopy coverage. e. Ingress/Egress: The proposed in- gress and egress. f. Impacts: The potential noise, light, glare, and visual impacts. g. Collocation Feasibility: The avail- ability of suitable existing towers and other structures to accommodate the pro- posal. h. Consistency with Plans and Regu- lations: The compatibility with the gen- eral purpose, goals, objectives and standards of the Comprehensive Plan, this Title, and any other City plan, pro- gram, map or ordinance. 4-9-030F (Revised 5/18)9 - 4.10 i. Landscaping: Additional landscap- ing may be required to buffer adjacent properties from potentially adverse ef- fects of the proposed use. (Ord. 5675, 12-3-2012) 2. Revisions to Conditional Use Permits for Wireless Communication Facilities: In lieu of the criteria in RMC 4-9-030G, Major and Minor Revisions, the following criteria shall be considered in determining whether a proposed alteration to a wireless communica- tion facility, including a small cell facility, con- stitutes a major or minor revision to a previ- ously approved conditional use permit: a. Major Revision: A proposed major alteration to an existing WCF tower, as defined by RMC 4-4-140E, Alteration of Existing Tower, shall be deemed a major revision. Major revisions to an approved Conditional Use Permit shall require a new application. For major revisions that, due to extraordinary circumstances, would result in a highly unreasonable and unconscionable burden on the applicant or permit holder, if the applicant or permit holder were required to go through a new application process, the Administrator may permit the major revision to be treated as a minor revision. b. Minor Revision: A proposed minor alteration to an existing WCF tower, as defined by RMC 4-4-140E, Alteration of Existing Tower, shall be deemed a minor revision. Minor revisions may be permit- ted by an administrative determination. (Ord. 5746, 1-12-2015; Ord. 5876, 1-22- 2018) F. PROCEDURES: 1. General: Applications shall be reviewed in accordance with chapter 4-8 RMC, Permits – General and Appeals. 2. Pre-application Conference: Appli- cants are encouraged to consult early and in- formally with representatives of the Planning Division and other affected departments. 3. Submittal Requirements and Applica- tion Fees: Submittal requirements shall be as listed in RMC 4-8-120C, Land Use Permit Submittal Requirements, as it exists or may be amended. 4. Public Notice and Comment Period Required: Whenever a complete application is received, the Planning Division shall be re- sponsible for providing public notice of the pending application, pursuant to RMC 4-8-090, Public Notice Requirements, as it exists or may be amended. 5. Determining Necessity for Public Hearing: Upon receipt of the final depart- mental comments and after the close of the public comment period, the Administrator and/or the Environmental Review Committee shall determine the necessity for a public hearing pursuant to subsection C2 of this Section. (Ord. 5676, 12-3-2012) 6. Administrative Approvals: For projects not requiring a public hearing, the Administra- tor shall take action on the proposed Condi- tional Use Permit in accordance with the procedures in RMC 4-8-100, as it exists or may be amended. (Ord. 5676, 12-3-2012) 7. Hearing Process and Examiner Au- thority: For projects requiring a public hear- ing, the Hearing Examiner shall take action in accordance with the procedures in RMC 4-8-100, Application and Decision – General, as it exists or may be amended. 8. Decision and Conditions: The Adminis- trator may grant a Conditional Use Permit, with or without conditions, or deny the re- quested Conditional Use Permit. The Admin- istrator or Hearing Examiner shall have authority to grant the Conditional Use Permit upon making a determination, in writing, that the use is consistent with the applicable deci- sion criteria in this Section. The Administrator or Hearing Examiner may require additional setbacks, fencing, screening, soundproofing, public improvements or any other appropriate measures necessary to ensure compatibility with the surrounding neighborhood, and may specify the term and duration of the Condi- tional Use Permit. Conditions imposed by the Administrator or Hearing Examiner shall rea- sonably assure that nuisance or hazard to life or property will not develop. (Ord. 5867, 12- 11-2017) 4-9-040D 9 - 4.11 (Revised 5/18) 9. Timeline to Apply for Associated Per- mits: Building permits, licenses or land use permits required for the operation of a Condi- tional Use Permit shall be applied for within two (2) years of the date of Conditional Use Permit approval, unless an extended time frame is granted by the Administrator or Hearing Examiner. A single two (2) year ex- tension may be granted for good cause by the Administrator. (Ord. 5675, 12-3-2012; Ord. 5867, 12-11-2017; Ord. 5876, 1-22-2018) G. MAJOR AND MINOR REVISIONS: 1. Major Revisions: Major revisions to an approved Conditional Use Permit shall re- quire a new application. For major revisions that due to extraordinary circumstances would result in a highly unreasonable and un- conscionable burden on the applicant or per- mit holder, if the applicant or permit holder was required to go through a new application process, the Administrator may permit the major revision to be treated as a minor revi- sion. (Ord. 5676, 12-3-2012) 2. Minor Revisions: Minor revisions may be permitted by an administrative determina- tion if the revision does not: a. Involve more than a ten percent (10%) increase in area or intensity of the use; or b. Result in any significant environmen- tal impact not adequately reviewed or mitigated by previous documents; or c. Expand onto property not included in original proposal. (Ord. 5644, 12-12-2011; Ord. 5876, 1-22-2018) 4-9-040 CONDOMINIUM CONVERSIONS: A. PURPOSE: (Reserved) B. AUTHORITY: The Building Official is charged with the adminis- tration and enforcement of this Section and is au- thorized and directed to adopt, promulgate, amend and rescind administrative rules consis- tent with the provisions of this Section and neces- sary to carry out the duties of the Building Official hereunder. (Ord. 3366, 10-15-1979, eff. 10-24-1979) C. APPLICABILITY TO CONVERSION OF RENTAL UNITS TO CONDOMINIUMS AND COOPERATIVES: This Section shall apply only to the conversion and sale of rental units that have not yet been converted to condominium or cooperative units, and to those units in converted buildings that are not subject to a binding purchase commitment or have not been sold on the effective date of this Section (10-24-1979) 1. Exemptions: This Section shall not ap- ply to condominium or cooperative units that are vacant on October 24, 1979, and which have been offered for sale prior to that date; provided, that any tenant who takes posses- sion of the unit after October 24, 1979, shall be provided the disclosures required by sub- section E of this Section and shall be entitled to the benefits of that Section if the required disclosures are not given. D. APPLICABILITY TO TENANTS OCCUPYING RENTAL UNITS: This Section shall apply only to those tenants and subtenants who occupy rental units in converted buildings at the time the notices, offers and disclo- sures provided by this Section are required to be delivered. This Section shall not apply to tenants who take possession of a unit vacated by a tenant who has received the notices and other benefits provided by this Section; provided, that develop- ers shall disclose in writing to all tenants who take possession after service of the notice required by subsection E of this Section, that the unit has been sold or will be offered for sale as a condo- minium or cooperative. This disclosure shall be made prior to the execution of any written rental agreement or prior to the tenant’s taking posses- sion, whichever occurs earlier. A developer’s fail- (Revised 5/18)9 - 4.12 This page left intentionally blank. 4-9-040F 9 - 7 (Revised 4/11) building during the six (6) months immediately preceding the offer for sale; (3) an itemization of the repairs and improvements to be com- pleted before close of sale; (4) a statement of the services and expenses which are being paid for by the developer but which will in the future be terminated, or transferred to the pur- chaser, or transferred to the owners’ associa- tion; (5) an accurate estimate of the useful life of the building’s major components and me- chanical systems (foundation, exterior walls, exterior wall coverings other than paint or sim- ilar protective coating, exterior stairs, floors and floor supports, carpeting in common ar- eas, roof cover, chimneys, plumbing system, heating system, water heating appliances, mechanical ventilation system, and elevator equipment) and an estimate of the cost of re- pairing any component whose useful life will terminate in less than five (5) years from the date of this disclosure. For each system and component whose expected life cannot be ac- curately estimated, the developer shall pro- vide a detailed description of its present condition and an explanation of why no esti- mate is possible. In addition, the developer shall provide an itemized statement in budget form of the monthly costs of owning the unit that the purchaser intends to buy. The item- ization shall include but shall not be limited to: (a) payments on purchase load; (b) taxes; (c) insurance; (d) utilities (which shall be listed in- dividually); (e) homeowner’s assessments; (f) the projected monthly assessment needed for replacing building components and systems whose life expectancy is less than five (5) years; and (g) a statement of the budget as- sumptions concerning occupancy and infla- tion factors. 4. Warranty of Repairs – Set Aside for Repairs: Each developer shall warrant for one year from the date of completion all im- provements and repairs disclosed pursuant to subsection E3 of this Section. 5. Unlawful Representations: It shall be unlawful for any developer, agent or person to make or cause to be made in any disclosure or other document required by this Section any statement or representation that is know- ingly false or misleading. It shall also be un- lawful for any developer, agent or other person to make, or cause to be made, to any prospective purchaser, including a tenant, any oral representation which differs from the statements made in the disclosures and other documents required to be provided tenants and purchasers by this Section. 6. Purchaser’s Right to Rescind: Any purchaser who does not receive the notices, disclosures and documents required by this Section may, at any time prior to closing of the sale, rescind, in writing, any binding purchase agreement without any liability on the pur- chaser’s part and the purchaser shall there- upon be entitled to the return of any deposits made on account of this agreement. 7. Delivery of Notice and Other Docu- ments: Unless otherwise provided, all no- tices, contracts, disclosures, documents and other writings required by this Section shall be delivered by registered or certified mail, return receipt requested. The refusal of regis- tered or certified mail by the addressee shall be considered adequate delivery. All docu- ments shall be delivered to tenants at the ad- dress specified on the lease or rental agreement between the tenant and the devel- oper or landlord. If there is no written lease or rental agreement then documents shall be delivered to the tenants’ address at the con- verted building or the last known address of the tenant, if other than the address at the converted building. In any sublet unit all doc- uments shall be delivered to the tenant at his current address, if known, and to the sub- tenant in possession. If the tenant’s current address is unknown, then two (2) copies of all documents shall be delivered to the sub- tenant, one addressed to the tenant and the other addressed to the subtenant. Delivery of the one hundred twenty (120) day notice of intention to sell required by subsection E2 of this Section, the developer’s offer to sell, and all disclosure documents shall be delivered to the tenants in a converted building at a meet- ing between the developer and the tenants. The meeting shall be arranged by the devel- oper at a time and place convenient to the tenants. At the meeting the developer shall discuss with the tenants the effect that the conversion will have upon the tenants. Should any tenant refuse to acknowledge ac- ceptance of the notice, offer and disclosures, the developer shall deliver the documents in the manner prescribed in this subsection. 8. Acceptance of Offers: Acceptance by tenants or other beneficiaries of offers pro- 4-9-040G (Revised 4/11)9 - 8 vided pursuant to this Section shall be in writ- ing and delivered to the developer by registered or certified mail, return receipt re- quested, postmarked on or before the expira- tion date of the offer. G. COMPLAINTS: Any person subjected to any unlawful practice as set forth in this Section may file a complaint in writing with the Building Official. The Building Of- ficial is hereby authorized and directed to receive complaints and conduct such investigations as are deemed necessary. Whenever it is deter- mined that there has been a violation of this Sec- tion, the Building Official is authorized to send written notice of said violation to the person re- sponsible for the violation. If, within ten (10) days of said notice, the responsible person makes writ- ten request for reconciliation, the applicable de- partment director is authorized to attempt to conciliate the matter by conference or otherwise and secure a written conciliation agreement. H. COUNCIL WAIVER OF REQUIREMENTS: The City Council is authorized to waive strict com- pliance with this Section in specific individual in- stances where the developer can show with clear, cogent and convincing evidence that: (1) the fi- nancial burden required to comply would greatly outweigh the benefits and would create an unrea- sonable hardship upon the developer; or (2) the units have been offered for sale as condominium units prior to the effective date of this Section (10-24-1979) and the developer has incurred sig- nificant financial obligations with the intention of meeting such obligations with the proceeds of the sale of such units, and the provisions of this Sec- tion will prevent meeting such obligation. (Ord. 3366, 10-15-1979) I. VIOLATIONS OF THIS CHAPTER AND PENALTIES: Unless otherwise specified, violations of this Sec- tion are misdemeanors subject to RMC 1-3-1. (Ord. 4351, 5-4-1992; Ord. 5159, 10-17-2005) 4-9-050 (Deleted by Ord. 5549, 8-9-2010) 4-9-060 DEFERRAL OF IMPROVEMENT INSTALLATION PROCEDURES: A. PURPOSE: (Reserved) B. TEMPORARY (NINETY (90) DAY) OCCUPANCY PERMITS IN ADVANCE OF IMPROVEMENT INSTALLATION – BUILDING OFFICIAL DEFERRAL OF OFF- AND ON-SITE IMPROVEMENTS FOR OTHER THAN PLATS: 1. Applicability: A temporary occupancy permit may be granted by the Building Offi- cial, when the required improvements have not been deferred or installed and in the opin- ion of the Building Official are not necessary for life, safety or health, or structural integrity of the buildings on the site, and the improve- ments are to be installed and completed within ninety (90) days from the date of issu- ance of temporary occupancy permit. (Ord. 4348, 5-4-1992) 2. Decision Criteria: (Reserved) 3. Security Required: In all such cases, a certified or cashier’s check, letter of credit, set aside letter, or other acceptable security must be posted to the extent of one hundred fifty percent (150%) of the estimated cost of the improvements not installed and accepted. The amount of said security shall be provided by an estimate of the applicant together with supporting data from a reputable contractor or subcontractor and based upon full engineer- ing plans. Such estimates shall be approved by the Building Official of the City; however, should the amount of the estimate be unac- ceptable to the City, the applicant shall be re- quired to provide further estimates acceptable to the City. No temporary occupancy permit shall be granted until the security amount has been established following acceptable esti- mates. 4. Expiration: Said temporary occupancy permit shall be good for a period of not more than ninety (90) days. After improvements have been installed and approved by the City 4-9-060C 9 - 9 (Revised 5/18) the security herein shall be released and the applicant may make application for a perma- nent occupancy permit. 5. Extension of Temporary Occupancy Permit Up to One Hundred Eighty (180) Days: Should extenuating circumstances or circumstances beyond the control of the ap- plicant prevent the installation of such on-site or off-site improvements, the Building Official may extend the temporary occupancy permit to a total maximum of one hundred eighty (180) days. (Ord. 4348, 5-4-1992) C. COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATOR’S DEFERRAL OF PLAT IMPROVEMENTS OR DEFERRAL OF OTHER ON- AND OFF-SITE IMPROVEMENTS BEYOND TEMPORARY OCCUPANCY PERMIT: (Ord. 5450, 3-2-2009; Ord. 5792, 4-25- 2016) 1. Applicability: If a developer wishes to defer certain improvements listed in this Title until after obtaining a certificate of occupancy for any structures, or in the case of plats, final plat approval, the written application shall be made to the Administrator stating the reasons why such delay is necessary. (Ord. 4521, 6-5-1995; Ord. 5450, 3-2-2009) 2. Decision Criteria: (Reserved) 3. Security Required: Upon approval by the Administrator for such deferment, for good cause shown by the applicant, the appli- cant shall thereupon furnish security to the City in an amount equal to one hundred fifty percent (150%) of the estimated cost of the installation and required improvements. The decision of the Administrator as to the amount of such security shall be conclusive. (Ord. 4521, 6-5-1995; Ord. 5450, 3-2-2009) 4. Plans for Improvements Required: Should the Administrator grant the deferral of part or all of the necessary on-site improve- ments, then full and complete engineering drawings of the on-site improvements shall be submitted as a condition precedent to the granting of any deferral. (Ord. 3988, 4-28-1986; Ord. 5450, 3-2-2009) 5. Waiver of Requirement for Plans: The Administrator may waive requirement of con- struction plans for short plat improvement de- ferrals. 6. Expiration: Such security shall list the exact work that shall be performed by the ap- plicant and shall specify that all of the de- ferred improvements shall be completed within the time specified by the Administrator, and if no time is so specified, then not later than one year. For plats, if no time is estab- lished, then not later than one year after ap- proval of the final plat or one year after recording of the short subdivision. The secu- rity shall be held by the Administrative Ser- vices Department. (Ord. 4521, 6-5-1995; Ord. 5450, 3-2-2009; Ord. 5868, 12-11-2017) 7. Extension of Time Limit: The Adminis- trator shall annually review the deferred im- provements and the amount of the security. Should the Administrator determine that any improvement need not be installed immedi- ately, then the Administrator may extend the deferral for an additional period of time up to an additional year. Any improvement de- ferred for five (5) years shall be required to be installed or shall be waived by the Administra- tor pursuant to RMC 4-9-250C, Waiver Pro- cedures, unless the Administrator determines that it is more likely than not that the improve- ments would be installed within an additional five (5) year period of time, in which case the Administrator may continue to defer the im- provements year to year subject to the other conditions contained in this Section. Should any improvement be initiated before the lapse of a deferral, and the work is diligently pursued, then the Administrator may extend the deferral period for a term equivalent to the time necessary to complete construction, but subject, however, to continuation of the secu- rity. At the same time as the granting of any additional deferral, the security for such de- ferral shall be reviewed and increased or de- creased as the Administrator shall deem necessary, but shall remain in an amount equal to a minimum of one hundred fifty per- cent (150%) of the estimated cost of the in- stallation of the deferred improvement. (Ord. 3988, 4-28-1986; Ord. 5450, 3-2-2009) 8. Acceptable Security: Security accept- able under this Section may be cash, letter of credit, set aside letter; provided, that the 4-9-060C (Revised 5/18)9 - 10 funds cannot be withdrawn, spent, or commit- ted to any third party, or savings account as- signed to the City and blocked as to withdrawal by the secured party without the City’s approval. Only if these security devices are unavailable to the applicant, or the appli- cant can show hardship, will the City accept a performance bond. Any security device must be payable to the City upon demand by the City and not conditioned upon approval or other process involving the applicant. Secu- rity must be unequivocally committed to the project being secured, and cannot be avail- able for any other purpose. Any security that, according to its terms, lapses upon a date certain, will cause the deferral to lapse on that same date unless additional adequate substi- tute security has been posted prior to the ter- mination date of the prior security. Each security document posted with the City must be approved by the City Attorney, whose de- cision as to the acceptability of the security shall be conclusive. (Ord. 4521, 6-5-1995) 9. Fee in Lieu of Required Street Im- provements: a. General: The provisions of this Sec- tion establish under what circumstances the requirements of this Chapter may be satisfied with payment of a fee in lieu of required street improvements. b. Authority To Grant and Duration: i. Application: If the proposed de- velopment of the subject property is an infill single family residential build- ing permit or requires approval through a short plat approval de- scribed in the subdivision ordinance, a request for payment of a fee in lieu of street improvements may be con- sidered under the provisions of this Section. ii. Duration: If granted under an in- fill single family residential building permit or short plat review process, the authorization to pay a fee in lieu of street improvements is binding on the City for all development permits issued for that approval under the building code within five (5) years of the granting of the request for pay- ment of a fee in lieu of street im- provements. (Ord. 5798, 4-25-2016) c. Standards: The City will not accept the applicant’s proposed payment of a fee in lieu of street improvements if the Administrator determines that it is in the City’s interest that the street improve- ments be installed abutting the subject property, taking into account such factors as the pedestrian safety impacts that re- sult from the development. The City may accept payment of a fee in lieu instead of requiring installation of street improve- ments in the following circumstances: i. There are no similar improve- ments in the vicinity and there is no likelihood that the improvements will be needed or required in the next five (5) years; or ii. Installation of the required im- provement would require substantial off-site roadway modifications; or iii. The Administrator determines that installation of the required im- provement would result in a safety hazard; or (Ord. 5450, 3-2-2009) iv. Other unusual circumstances preclude the construction of the im- provements as required. d. Amount of Payment of Fee: In each instance where the City approves a proposed fee-in-lieu under the provisions of this Section, the amount of the fee-in- lieu is listed in the City of Renton Fee Schedule. Additional fee amounts will be determined on a case-by-case basis for other significant street elements, such as catch basins and curb ramps. (Ord. 5450, 3-2-2009; Ord. 5749, 1-12-2015; Ord. 5792, 4-25-2016) e. Use of Funds: In each instance where the City accepts payment of a fee in lieu of installing a street improvement under the provisions of this Section, the City shall deposit those funds into a re- serve account and expend the funds col- lected within ten (10) years of the date collected to fund other pedestrian safety improvements in reasonable proximity to 4-9-060C 9 - 11 (Revised 5/16) where they were collected. Funds shall be collected and expended by grouped community plan areas as follows: West Hill, City Center, Cedar River; Talbot, Benson, Fairwood; Kennydale, High- lands, East Plateau; and Valley. (Ord. 5792, 4-25-2016) f. No Further Obligation: In each in- stance where the City accepts payment of a fee in lieu of installing street improve- ments, the subject property will not be subject to participation in future street im- provement costs (along the property frontage) unless redevelopment occurs that will generate more traffic trips than what was occurring at the property at the time of the payment of the fee in lieu of in- stallation of street improvements. (Ord. 5170, 12-5-2005; Ord. 5792, 4-25-2016) g. Cost Contribution Toward a City Capital Improvement Project for Prop- erties in which Frontage Improve- ments Have Been Deferred by Restrictive Covenant: Where restrictive covenants have been recorded against a property, requiring the property owner to pay their fair share of street frontage im- provements installed as part of a City capital improvement project and the City undertakes such capital improvement project, the owners of said properties shall pay the City an amount consistent with subsection C9d of this Section, Amount of Payment of Fee in Lieu of Street Improvements. This assessment must be paid in full within one year follow- ing notice from the City of such assess- ment, or the payment may be paid over a ten (10) year period, with three percent (3%) per annum interest on the unpaid balance. For payment over time, the owner shall receive a bill from the City for one-tenth (1/10) of the assessment plus interest. The first yearly payment must be paid within one year following the initial notice from the City of the assessment. Payments over time shall become a lien against the property. A notice of such lien specifying the charge, the period covered by the charge, and giving the address and property identification (PID) number shall be filed with the office of the King County Auditor. When the payment has been received by the City in full, a certifi- cate of payment will be recorded with King County. (Ord. 5428, 11-17-2008) 10. (Repealed by Ord. 5170) (Ord. 4521, 6-5-1995) 11. Security Requirement Binding: The requirement of the posting of any security shall be binding on the applicant and the ap- plicant’s heirs, successors and assigns. (Ord. 3988, 4-28-1986) 12. Record of Deferral: The Administrator shall note for the Department’s record the fol- lowing information: the improvements de- ferred, amount of security or check deposited, time limit of security or check, name of bond- ing company, and any other pertinent informa- tion. (Ord. 4521, 6-5-1995; Ord. 5450, 3-2-2009) 13. Transfer of Responsibility: Whenever security has been accepted by the Adminis- trator, then no release of the owner or devel- oper upon that security shall be granted unless a new party will be obligated to per- form the work as agreed in writing to be re- sponsible under the security, and has provided security. In the instance where se- curity would be provided by a condominium owners’ association or property owners’ as- sociation, then it shall be necessary for the owners’ association to have voted to assume the obligation before the City may accept the security, and a copy of the minutes of the owners’ association duly certified shall be filed along with the security. 14. Administrative Approval Required Prior to Transfer of Responsibility: The City shall not be required to permit a substitu- tion of one party for another on any security if the Administrator, after full review, feels that the new owner does not provide sufficient se- curity to the City that the improvements will be installed when required. (Ord. 5450, 3-2-2009) 15. Proceeding Against Security: The City reserves the right, in addition to all other remedies available to it by law, to proceed against such security or other payment in lieu thereof. In case of any suit or action to en- force any provisions of this code, the devel- oper shall pay the City all costs incidental to such litigation including reasonable attor- 4-9-065A (Revised 5/16)9 - 12 ney’s fees. The applicant shall enter into an agreement with the City requiring payment of such attorney’s fees. (Ord. 4521, 6-5-1995; Ord. 5156, 9-26-2005; Ord. 5676, 12-3-2012) 4-9-065 DENSITY BONUS REVIEW: A. PURPOSE: The purpose of this Section is to offer increased residential density for developments that con- struct affordable dwelling units or assisted living facilities. Density bonuses are offered to meet the intent of the Comprehensive Plan policies, includ- ing but not limited to goals and policies of the land use element, and housing and human services el- ement, as well as the purpose and intent of the zoning districts. It is expected that all density bo- nuses will be achieved with no variances. (Amd. Ord. 4985, 10-14-2002; Ord. 5137, 4-25-2005; Ord. 5573, 11-15-2010; Ord. 5759, 6-22-2015) B. APPLICABILITY: Density bonuses are possible for applicants re- questing bonus market-rate dwelling units in ex- change for the construction of affordable dwelling units. Bonus density is also offered for assisted living facilities where the use is allowed pursuant to chapter 4-2 RMC. (Amd. Ord. 4985, 10-14-2002; Ord. 5137, 4-25-2005; Ord. 5369, 4-14-2008; Ord. 5387, 6-9-2008; Ord. 5503, 11- 16-2009, eff. 11-21-2009; Ord. 5759, 6-22-2015) C. REVIEW PROCESS: 1. Concurrent Review: Density bonus re- view shall occur concurrently with any other required land use permit that establishes the permitted density and use of a site, including subdivisions, site plan review, and conditional use permits. When the development proposal does not otherwise require a subdivision, site plan review, or conditional use permit to es- tablish the permitted density of a site, but in- cludes a density bonus request, the development proposal shall be reviewed un- der administrative site plan review require- ments. 2. Authority: The Community and Eco- nomic Development Administrator shall de- termine compliance with the density bonus process unless the required land use permit as described in subsection C1 of this Section, Concurrent Review, requires Hearing Exam- iner review. (Ord. 5676, 12-3-2012) 3. Submittal Requirements and Fees: An applicant shall submit applications and fees in accordance with the requirements for the primary development application pursuant to chapters 4-1 and 4-8 RMC. (Amd. Ord. 4985, 10-14-2002; Ord. 5137, 4-25-2005; Ord. 5759, 6-22-2015) D. BONUS ALLOWANCES AND REVIEW CRITERIA: 1. Affordable Housing: One bonus mar- ket-rate dwelling unit may be granted for each affordable dwelling unit constructed on site, up to the maximum bonus density allowed pursuant to subsection D3 of this Section, Maximum Bonus Units. Affordable dwelling units shall conform to the following standards: a. Duration: An agreement in a form approved by the City must be recorded with the King County Recorder’s Office requiring affordable housing units pro- vided under this Section remain afford- able housing for fifty (50) years or the life of the development, whichever is less. This agreement shall be a covenant run- ning with the land, binding on the as- signs, heirs and successors of the applicant to the satisfaction of the City At- torney. b. Affordable Housing Income Lev- els: Dwelling units conditioned as afford- able under this Section shall conform to the definition of “affordable housing” pur- suant to RMC 4-11-010, Definitions A. c. Affordable Unit Conditions: Afford- able housing units shall be provided in a range of sizes and with features compa- rable to market-rate units. The low-in- come units shall be distributed throughout the development and have substantially the same functionality as the other units in the development. 2. Assisted Living Facilities: The devel- opment shall satisfy the definition of “assisted living facility” pursuant to RMC 4-11-010, Definitions A. 3. Maximum Bonus Units: The following table provides the maximum density that may be granted in applicable zones for confor- 4-9-065D 9 - 12.1 (Revised 5/16) mance with either the affordable housing or assisted living facility provisions: (Ord. 4963, 5-13-2002; Amd. Ord. 4985, 10-14-2002; Ord. 5137, 4-25-2005; Ord. 5286, 5-14-2007; Ord. 5369, 4-14-2008; Ord. 5387, 6-9-2008; Ord. 5450, 3-2-2009; Ord. 5503, 11-16- 2009, eff. 11-21-2009; Ord. 5518, 12-14-2009; Ord. 5573, 11-15-2010; Ord. 5676, 12-3-2012; Ord. 5759, 6-22-2015; Ord. 5791, 4-25-2016) a. Affordable Housing Subject Zones Maximum Density CD, UC, CV, CO, COR, R-14, and RMF 30% above maximum density or density allowed via conditional use permit b. Assisted Living Facilities Subject Zones Maximum Density RMF, CV, CD, CO, COR, and UC 50% above maximum density R-1, R-10, and R-14 Up to 18 dwelling units per net acre (Revised 5/16)9 - 12.2 This page left intentionally blank. 4-9-070D 9 - 13 (Revised 8/10) 4-9-070 ENVIRONMENTAL REVIEW PROCEDURES: A. PURPOSE: This chapter contains procedures that implement the requirements of the State Environmental Pol- icy Act of 1971 (SEPA), Chapter 43.21C RCW, as amended, and the SEPA rules adopted by the state of Washington, Department of Ecology. It is intended that this chapter establishes compliance with SEPA and the SEPA rules and that compli- ance with the requirements of this code shall con- stitute procedural and substantive compliance. The chapter provides for a citywide approach and, to the fullest extent possible, the City will uti- lize a systematic, interdisciplinary approach which seeks to ensure the integrated use of the natural and social sciences. The City recognizes that each person has a fundamental and inalien- able right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the envi- ronment. The policies and goals set forth in this Section are supplementary to those set forth in existing authorizations of the State and City. B. AUTHORITY: The City of Renton adopts this Section under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA rules, WAC 197-11- 904. The City of Renton possesses the authority to deny or condition actions in order to mitigate or prevent probable significant adverse environ- mental impacts. This authority applies to all City activities including actions as defined in this Sec- tion. C. GENERAL STATE REQUIREMENTS: The City of Renton adopts as its own the policies and objectives of the State Environmental Policy Act of 1971, as amended (chapter 43.21C RCW). The City of Renton adopts the following sections of chapter 197-11 WAC by reference: WAC 197-11-040 Definitions. 197-11-050 Lead agency. 197-11-055 Timing of the SEPA process. 197-11-060 Content of environmental review. 197-11-070 Limitations on actions during SEPA process. 197-11-080 Incomplete or unavailable infor- mation. 197-11-090 Supporting documents. 197-11-100 Information required of appli- cants. D. SEPA RESPONSIBLE OFFICIAL: For those proposals for which the City is the lead agency, the responsible official shall be the Envi- ronmental Review Committee. 1. Committee Officials: The Environmen- tal Review Committee shall consist of three (3) officials designated by the Mayor with concurrence by the City Council. 2. Committee Authority and Responsi- bility: a. The Environmental Review Commit- tee shall make the threshold determina- tion, supervise scoping and preparations of any required environmental impact statement (EIS), and perform any other functions assigned to the “lead agency” or “responsible official” by those sections of the SEPA rules adopted by reference in WAC 173-806-020. b. The Environmental Review Commit- tee shall supervise compliance with the threshold determination and, if an EIS is necessary, shall supervise preparation of the draft and final EIS. c. The Environmental Review Commit- tee is authorized to develop operating procedures that will ensure responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the City. They may also develop further administrative and procedural guidelines for the admin- istration by the responsible official of the provisions of this Chapter. d. The Environmental Review Commit- tee, or its designee, shall be responsible for preparation of written comments for the City in response to a consultation re- quest prior to a threshold determination, participation in scoping, and reviewing a draft EIS and City compliance with WAC 197-11-550 whenever the City is a con- sulted agency. 4-9-070E (Revised 8/10)9 - 14 E. OTHER AUTHORITY: 1. Hydraulic Projects: For those proposals requiring a hydraulic project approval under RCW 75.20.100, the State Department of Fish and Wildlife shall be considered an agency with jurisdiction. 2. Successor Agency: If a specific agency has been named in these rules, and the func- tions of that agency have changed or been transferred to another agency, the term shall mean any successor agency. F. LEAD AGENCY AUTHORITY: The City adopts the following sections by refer- ence, as supplemented by WAC 173-806-050 and 173-806-053 and this part: WAC 197-11-900 Purpose of this part. 197-11-902 Agency SEPA policies. 197-11-916 Application to ongoing actions. 197-11-920 Agencies with environmental expertise. 197-11-922 Lead agency rules. 197-11-924 Determining the lead agency. 197-11-926 Lead agency for governmental proposals. 197-11-928 Lead agency for public and pri- vate proposals. 197-11-930 Lead agency for private projects with one agency with jurisdic- tion. 197-11-932 Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city. 197-11-934 Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies. 197-11-936 Lead agency for private projects requiring licenses from more than one state agency. 197-11-938 Lead agencies for specific pro- posals. 197-11-940 Transfer of lead agency status to a state agency. 197-11-942 Agreements on lead agency sta- tus. 197-11-944 Agreements on division of lead agency duties. 197-11-946 DOE resolution of lead agency disputes. 197-11-948 Assumption of lead agency sta- tus. 1. Determination of Lead Agency: The department within the City receiving an appli- cation for or initiating a proposal that involves a nonexempt action shall determine when the City is the lead agency for that proposal un- der WAC 197-11-050 and 197-11-922 through 197-11-940; unless the lead agency has been previously determined or the de- partment is aware that another department or agency is in the process of determining the lead agency. Any department making a lead agency determination for a private project shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal. 2. Lead Agency Agreements: The Envi- ronmental Review Committee is authorized to make agreements as to the lead agency status or shared lead agency duties for a pro- posal under WAC 197-11-942 and 197-11-944; provided, that the Environmental Review Committee and any department that will incur responsibilities as the result of such agreement approved the agreement. 3. Other Agency as Lead: When the City is not the lead agency for a proposal, all depart- ments of the City shall use and consider, as appropriate, either the determination of non- significance (DNS) or the final environmental impact statement (EIS) of the lead agency in making decisions on the proposal. The Envi- ronmental Review Committee shall not pre- pare or require preparation of a DNS or EIS in addition to that prepared by the lead agency, unless required under WAC 197-11-600. In some cases, the City may conduct supple- mental environmental review under WAC 197-11-600. 4. City Objections: If the City or any of its departments receives a lead agency determi- nation made by another agency that appears inconsistent with the criteria of WAC 197-11-922 through 197-11-940, it may ob- ject to the determination. Any objection must be made to the agency originally making the determination and resolved within fifteen (15) days of receipt of the determination, or the City must petition the Department of Ecology for a lead agency determination under WAC 197-11-946 within the fifteen (15) day time 4-9-070G 9 - 15 (Revised 8/17) period. Any such petition on behalf of the City may be initiated by the Environmental Review Committee. G. CATEGORICAL EXEMPTIONS: The City adopts the following sections by refer- ence, as supplemental in this part: WAC 197-11-300, Purpose of this part; and 197-11-305, Categorical exemptions. The City adopts by reference the following rules for cate- gorical exemptions, as supplemented in this Sec- tion, including WAC 173-806-070 (Flexible thresholds), 173-806-080 (Use of exemptions), and 173-806-190 (Critical areas): WAC 197-11-800 Categorical exemptions. 197-11-880 Emergencies. 197-11-890 Petitioning DOE to change exemptions. 1. Local Modifications: Under the author- ity established by WAC 197-11-800(1)(c), the City of Renton establishes the following ex- empt levels for minor new construction based on local conditions, replacing the exempt lev- els of WAC 197-11-800(1)(b)(i) and (v). Whenever the City establishes new exempt levels under this Section, it shall send them to the Department of Ecology, Headquarters Of- fice, Olympia, Washington, 98504 under WAC 197-11-800(1)(c). a. For residential dwelling units in WAC 197-11-800(1)(b)(i): nine (9) or less dwelling units. b. For landfills and excavations in WAC 197-11-800(1)(b)(v): Up to five hundred (500) cubic yards or less. 2. Exemption Decision: Each department within the City that receives an application for a license or, in the case of governmental pro- posals, the department initiating the proposal shall determine whether the license and/or the proposal is exempt. The department’s de- termination that a proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the proce- dural requirements of this Section apply to the proposal. The City shall not require com- pletion of an environmental checklist for an exempt proposal. 3. Proposal Description: In determining whether or not a proposal is exempt, the de- partment shall make certain the proposal is properly defined and shall identify the gov- ernmental licenses required (WAC 197-11-060). 4. Review Criteria: A department which is determining whether or not a proposal is ex- empt shall ascertain the total scope of the proposal and the governmental licenses re- quired. If a proposal includes a series of ac- tions, physically or functionally related to each other, some of which are exempt and some of which are not, the proposal is not ex- empt. For any such proposal, the lead agency shall be determined, even if the license appli- cation which triggers the department’s con- sideration is otherwise exempt. If the lead agency is the City, then the responsible offi- cial shall be designated as defined in subsec- tion D of this Section. 5. Exempt and Nonexempt Actions: If a proposal includes both exempt and nonex- empt actions, exempt actions may be autho- rized with respect to the proposal prior to the compliance with the procedural requirements of these guidelines except that: a. The City shall not give authorization for: i. Any nonexempt action; ii. Any action that would have an adverse environmental impact; iii. Any action that would limit the choice of alternatives; or iv. Any action that will irrevocably commit the City to approve or autho- rize a major action. b. A department may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt action(s) were not approved; and a department may with- hold approval of exempt actions that would lead to substantial financial expen- ditures by a private applicant when the expenditures would serve no purpose if nonexempt action(s) were not approved. 4-9-070H (Revised 8/17)9 - 16 6. Timing: Identification of categorical ex- empt actions shall occur within ten (10) days of submission of an adequate and complete application. 7. Effect of Exemption: If a proposal is ex- empt, none of the procedural requirements of this Section apply to the proposal. The City shall not require completion of an environ- mental checklist for an exempt proposal. H. CRITICAL AREAS/INAPPLICABLE EXEMPTIONS: 1. Critical Areas Maps: The map(s) in RMC 4-3-050Q identify critical areas. The maps in RMC 4-3-090 identify regulated Shorelines of the State. The specific environ- mentally critical areas where SEPA exemp- tions are not applicable are identified in subsection H3 of this Section. 2. Critical Areas Designated: Wetlands, Protected Slopes, Very High Landslide Haz- ard Areas, Class 2 to 4 Streams and Lakes, Shorelines of the State designated as Natural or Conservancy, or Shorelines of the State designated Urban if also meeting the require- ment of subsection H3a or H3c of this Sec- tion, and the one hundred (100) year floodway, as mapped and identified pursuant to subsection H1 of this Section, or when present according to the critical area classifi- cation criteria of RMC 4-3-050, are desig- nated as environmentally critical areas pursuant to the State Environmental Policy Act, WAC 197-11-908. 3. Inapplicable Exemptions: a. Certain exemptions do not apply on lands covered by water, and this remains true regardless of whether or not lands covered by water are mapped. Unidenti- fied exemptions shall continue to apply within environmentally critical areas of the City. b. For each critical area, the exemp- tions within WAC 197-11-800 that are in- applicable for that area are: WAC 197-11-800(1), except for the construction of one new single family residence on an existing legal lot, provided the proposed development complies with RMC 4-3-050 and 4-3- 090. This exemption would not apply to projects requiring a variance or reasonable use exception from RMC 4-3-050 or 4-3-090. WAC 197-11-800(2)(d, e, f, g) WAC 197-11-800(6)(a) WAC 197-11-800(13)(c) WAC 197-11-800(23)(c, e) WAC 197-11-800(24)(a, b, c, d, f, g) WAC 197-11-800(25) c. The following SEPA categorical ex- emptions shall not apply to wetlands: WAC 197-11-800(1), except for the construction of one new single family residence on an existing legal lot, provided the proposed development complies with RMC 4-3-050 and 4-3- 090. This exemption would not apply to projects requiring a variance or reasonable use exception from RMC 4-3-050 or 4-3-090. WAC 197-11-800(2), except for the repair, remodeling, or maintenance of an existing single family resi- dence, provided the proposed devel- opment complies with RMC 4-3-050 and 4-3-090. This exemption would not apply to projects requiring a vari- ance or reasonable use exception from RMC 4-3-050 or 4-3-090. WAC 197-11-800(3) WAC 197-11-800(4) WAC 197-11-800(6) WAC 197-11-800(8) WAC 197-11-800(25) 4. Proposals Located within Critical Ar- eas: The City shall treat proposals located wholly or partially within a critical area no dif- ferently than other proposals under this Sec- tion, making a threshold determination for all such proposals. The City shall not automati- cally require an EIS for a proposal merely be- cause it is proposed for location in a critical area. (Ord. 5841, 6-12-2017) I. ENVIRONMENTAL CHECKLIST: 1. When Required: A completed environ- mental checklist (or a copy), in the form pro- vided in WAC 197-11-960, along with the appropriate environmental fees, shall be filed at the same time as an application for a per- 4-9-070I 9 - 16.1 (Revised 8/17) mit, license, certificate, or other approval not specifically exempted in this Section; except, a checklist is not needed if the Environmental Review Committee and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. 2. Lead Agency and Threshold Determi- nation: The department within the City re- ceiving the application or initiating the action shall use the environmental checklist to de- termine the lead agency. If the City is the lead agency, the Environmental Review Commit- tee shall use the environmental checklist for making the threshold determination. 3. Checklist Preparation: a. For private proposals the department within the City receiving the application will require the applicant to complete the environmental checklist, providing assis- tance as necessary. The Environmental (Revised 8/17)9 - 16.2 This page left intentionally blank. 4-9-070J 9 - 17 (Revised 8/10) Review Committee may require that it, and not the private applicant, will com- plete all or part of the environmental checklist for a private proposal, if either of the following occurs: i. The City has technical informa- tion on a question or questions that is unavailable to the private applicant; or ii. The applicant has provided inac- curate information on previous pro- posals or on proposals currently under consideration. b. For City proposals the department initiating the proposal shall complete the environmental checklist for that proposal. 4. Additional Information: The Environ- mental Review Committee may require spe- cific detailed information at any time. J. THRESHOLD DETERMINATION PROCESS: This part contains rules for evaluating the impacts of the proposals not requiring an environmental impact statement (EIS). The City adopts the fol- lowing sections by reference, as supplemental in this part: WAC 197-11-310 Threshold determination required. 197-11-315 Environmental checklist. 197-11-330 Threshold determination pro- cess. 197-11-335 Additional information. 197-11-340 Determination of nonsignifi- cance (DNS). 197-11-350 Mitigated DNS. 197-11-355 Optional DNS process. 197-11-360 Determination of significance (DS)/initiation of scoping. 197-11-390 Effect of threshold determina- tion. 1. Identification of Impacts: As much as possible, the Environmental Review Commit- tee should assist the applicant with identifica- tion of impacts to the extent necessary to formulate mitigation measures. 2. Time Limits: The following time limits (expressed in calendar days) shall apply to the processing of all private projects and to those governmental proposals submitted to this City by other agencies: a. Threshold determinations not requir- ing further information from the applicant or consultation with agencies with juris- diction should be completed within fifteen (15) days of submission of an adequate application and the completed checklist. b. Threshold determinations requiring further information from the applicant or consultation with other agencies with ju- risdiction should be completed within twenty (20) days of receiving the re- quested information from the applicant or the consulted agency; requests by the City for such further information should be made within twenty (20) days of the submission of an adequate application and completed checklist; when a request for further information is submitted to a consulted agency, the City shall wait a maximum of thirty (30) days for the con- sulted agency to respond. Threshold de- terminations which require that further studies including, but not limited to, field investigations be initiated by the City should be completed within thirty (30) days of submission of an adequate appli- cation and the completed checklist. c. Threshold determinations on actions where the applicant recommends in writ- ing that an EIS be prepared, because of the probable significant adverse environ- mental impacts described in the applica- tion, shall be completed within twenty (20) days of submission of an adequate application and the completed checklist. d. When a threshold determination is expected to require more than twenty (20) days to complete and a private appli- cant requests notification of the date when a threshold determination will be made, the Environmental Review Com- mittee or its agent shall transmit to the private applicant a written statement as to the expected date of decision. 3. Mitigated DNS Authorized: As provided in this Section and in WAC 197-11-350, the Environmental Review Committee may issue 4-9-070J (Revised 8/10)9 - 18 a DNS based on changes to, or clarification of, the proposal made by the applicant. 4. Changed Proposal: When an applicant submits a changed or clarified proposal, along with a revised or amended environ- mental checklist, the Environmental Review Committee shall base its threshold determi- nation on the changed or clarified proposal and should make the determination within twenty (20) days of receiving the changed or clarified proposal. 5. DNS Authorized: If the Environmental Review Committee indicated specific mitiga- tion measures in its response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, the Environmental Re- view Committee shall issue and circulate a DNS under WAC 197-11-340(2). 6. DNS or DS Authorized: If the Environ- mental Review Committee indicated areas of concern, but did not indicate specific mitiga- tion measures that would allow it to issue a DNS, the Environmental Review Committee shall make the threshold determination, issu- ing a DNS or DS as appropriate. 7. Mitigation Measures: The applicant’s proposed mitigation measures (clarifications, changes or conditions) must be in writing and must be specific, feasible and enforceable. For example, proposals to “control noise” or “prevent stormwater runoff” are inadequate, whereas proposals to “muffle machinery to X decibel” or “construct two hundred foot (200') stormwater retention pond at Y location” are adequate. a. Mitigation measures which justify is- suance of a mitigated DNS may be incor- porated in the DNS by reference to agency staff reports, studies or other doc- uments. b. Mitigation measures incorporated in the mitigated DNS shall be deemed con- ditions of approval of the permit decision and may be enforced in the same man- ner as any term or condition of the permit, or enforced in any manner specifically prescribed by the City. 8. Public Comment and Notice Period: A mitigated DNS (MDNS) is issued under WAC 197-11-340(2), requiring a fifteen (15) day comment period and public notice. 9. Staff Recommendation: For nonexempt proposals, the DNS for the proposal shall ac- company the City’s staff recommendation to the Hearing Examiner or other appropriate advisory body, such as the Planning Commis- sion. 10. Effect of MDNS: The Environmental Review Committee’s written response under this Section (DNS) shall not be construed as a determination of significance. In addition, preliminary discussion of clarifications or changes to a proposal, as opposed to a writ- ten request for early notice, shall not bind the Environmental Review Committee to con- sider the clarification or changes in its thresh- old determination. 11. Request for Early Notice: An applicant may request in writing early notice of whether a DS is likely under WAC 197-11-350. a. The request must follow submission of an environmental checklist for a non- exempt proposal for which the City is lead agency and precede the City’s ac- tual threshold determination for proposal. b. The Environmental Review Commit- tee should respond to the request for early notice within fifteen (15) working days. The response shall: i. Be written; ii. State whether the Environmental Review Committee currently consid- ers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that is/are leading the Environmental Review Commit- tee to consider a DS; and iii. State that the applicant may change or clarify the proposal to mit- igate the indicated impacts, revising the environmental checklist and/or permit application as necessary to reflect the changes or clarifications. 4-9-070M 9 - 19 (Revised 8/10) K. ENVIRONMENTAL IMPACT STATEMENTS (EIS): 1. Purpose: This part contains the rules for deciding whether a proposal has a “probable significant, adverse environmental impact” requiring an environmental impact statement (EIS) to be prepared and contains the rules for preparing environmental impact state- ments. The City adopts the following sections by reference, as supplemented by this part: WAC 197-11-400 Purpose of EIS. 197-11-402 General requirements. 197-11-405 EIS types. 197-11-406 EIS timing. 197-11-408 Scoping. 197-11-410 Expanded scoping (Optional). 197-11-420 EIS preparation. 197-11-425 Style and size. 197-11-430 Format. 197-11-440 EIS contents. 197-11-442 Contents of EIS on nonproject proposal. 197-11-443 EIS contents when prior non- project EIS. 197-11-444 Elements of the environment. 197-11-448 Relationship of EIS to other con- siderations. 197-11-450 Cost-benefit analysis. 197-11-455 Issuance of DEIS. 197-11-460 Issuance of FEIS. 2. Review of draft and final EIS (DEIS and FEIS) and draft and final supplemental EISs (SEIS) is the responsibility of the Environ- mental Review Committee. Before the City is- sues an EIS, the Environmental Review Committee shall be satisfied that it complies with this Section and chapter 197-11 WAC. 3. Preparation of Environmental Impact Statement: The DEIS and FEIS or draft and final SEIS shall be prepared by the City staff, the applicant, or by a consultant selected by the City through its consultant selection pro- cess. If the Environmental Review Commit- tee requires an EIS for a proposal and determines that someone other than the City will prepare the EIS, the Environmental Re- view Committee shall notify the applicant im- mediately after completion of the threshold determination. The Environmental Review Committee shall also notify the applicant of the City’s procedure for EIS preparation, in- cluding approval of the DEIS and FEIS prior to distribution. 4. Information Required: The City may re- quire an applicant to provide information the City does not possess, including, but not lim- ited to, specific investigations. However, the applicant is not required to supply information that is not required under this Section or that is being requested from another agency. (This does not apply to information the City may request under another ordinance or stat- ute.) 5. Staff Recommendation: For nonexempt proposals, the final EIS for the proposal shall accompany the City’s staff recommendation to the Hearing Examiner or other appropriate advisory body, such as the Planning Commis- sion. 6. Information Shall Be Provided: The Environmental Review Committee may refuse to process and consider a private ap- plication further if the applicant fails or re- fuses to provide information required for the preparation of an adequate EIS. 7. Additional Elements: The Environmen- tal Review Committee may require the follow- ing additional elements as part of the environment for the purpose of EIS content, but these elements do not add to the criteria for threshold determination or perform any other function or purpose under this Section. a. Economics, including the effects on both the public and private sector, b. Cultural factors, c. Quality of life, d. Neighborhood cohesion, e. Sociological factors, and f. Image of the City. L. RECONSIDERATIONS: (Reserved) M. SEPA SUBSTANTIVE AUTHORITY: This part contains rules (and policies) for SEPA’s substantive authority, such as decisions to miti- gate or reject proposals as a result of SEPA. The City adopts the following sections by reference: 4-9-070M (Revised 8/10)9 - 20 WAC 197-11-650 Purpose of this part. 197-11-655 Implementation. 197-11-660 Substantive authority and miti- gation. 197-11-680 Appeals. 1. Supplemental Policies and Goals: The policies and goals set forth in this Section are supplementary to those in the existing autho- rization of the City of Renton. 2. Substantive Authority: The City desig- nates and adopts by reference the following policies as the basis for the City exercise of authority pursuant to this Section: a. The City shall use all practicable means, consistent with other essential considerations of State policy, to improve and coordinate plans, functions, pro- grams, and resources to the end that the State and its citizens may: i. Fulfill the responsibilities of each generation as trustee of the environ- ment for succeeding generations; ii. Assure for all people of Washing- ton safe, healthful, productive, and aesthetically and culturally pleasing surroundings; iii. Attain the widest range of bene- ficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences; iv. Preserve important historic, cul- tural, and natural aspects of our na- tional heritage; v. Maintain, wherever possible, an environment which supports diversity and variety of individual choice; vi. Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities; and vii. Enhance the quality of renew- able resources and approach the maximum attainable recycling of de- pletable resources. b. The City adopts, by reference, the policies in the following City codes, ordi- nances, resolutions and plans as they currently appear and as hereafter amended: Cedar River Master Plan (1976) Comprehensive Solid Waste Manage- ment Plan (1983) Green River Valley Plan (1984) Fire Department Master Plan (1987) Airport Master Plan King County Stormwater Management Manual (1990) Comprehensive Water System Plan Comprehensive Park, Recreation and Open Space Plan Long Range Wastewater Management Plan King County Comprehensive Housing Af- fordability Strategy (CHAS) Shoreline Master Program King County Solid Waste Management Plan Countywide Planning Policies Six-Year Transportation Improvement Plan Street Arterial Plan Traffic Mitigation Resolution and Fee (1994) Parks Mitigation Resolution and Fee (1994) Fire Mitigation Resolution and Fee (1994) Comprehensive Plan 4-9-070O 9 - 21 (Revised 8/17) 3. Attaching Conditions: The City may at- tach conditions to a permit or approval for a proposal so long as: a. Such conditions are necessary to mitigate specific probable adverse envi- ronmental impacts identified in environ- mental documents prepared pursuant to this Section; and b. Such conditions are in writing; and c. The mitigation measures included in such conditions are reasonable and ca- pable of being accomplished; and d. The City has considered whether other local, State, or Federal mitigation measures applied to the proposal are sufficient to mitigate the identified im- pacts; and e. Such conditions are based on one or more policies in subsection M2 of this Section and cited in the license or other decision document. 4. Denial Authorized: The City may deny a permit or approval for a proposal on the basis of SEPA so long as: a. A finding is made that approving the proposal would result in probable signifi- cant adverse environmental impacts that are identified in a FEIS or final SEIS pre- pared pursuant to this Section; and b. A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and c. The denial is based on one or more policies identified in subsection M2 of this Section and identified in writing in the de- cision document. 5. Environmental Review Committee Recommendations: Where a FEIS or DNS has been prepared, the Environmental Re- view Committee may recommend to the deci- sion maker those reasonable conditions nec- essary to mitigate or avoid the adverse impacts of the proposal. Said recommenda- tion shall be adopted as a condition of ap- proval, unless the decision maker identifies in writing a substantial error in fact or conclusion by the Environmental Review Committee. 6. Action of Decision Maker: Based upon such finding, the decision maker may revise the recommended conditions or may remand the proposal to the Environmental Review Committee for reconsideration. Nothing in this provision shall be deemed to limit the au- thority of the decision maker to impose condi- tions under SEPA beyond those recommended by Environmental Review Committee or to condition or deny a proposal based upon other statutory authority. N. USING EXISTING ENVIRONMENTAL DOCUMENTS: This part contains rules for using and supple- menting existing environmental documents pre- pared under SEPA or National Environmental Policy Act (NEPA) for the City’s own environmen- tal compliance. The City adopts the following sec- tions by reference: WAC 197-11-600 When to use existing environ- mental documents. 197-11-610 Use of NEPA documents. 197-11-620 Supplemental environmental impact statement – Procedures. 197-11-625 Addenda – Procedures. 197-11-630 Adoption – Procedures. 197-11-635 Incorporation by reference – Procedures. 197-11-640 Combining documents. O. PUBLIC NOTICE AND COMMENTING: This part contains rules for consulting, comment- ing, and responding on all environmental docu- ments under SEPA, including rules for public notice and hearings. The City adopts the follow- ing sections by reference, as supplemented in this part: WAC 197-11-500 Purpose of this part. 197-11-502 Inviting comment. 197-11-504 Availability and cost of environ- mental documents. 197-11-508 SEPA register. 197-11-535 Public hearings and meetings. 197-11-545 Effect of no comment. 197-11-550 Specificity of comments. 197-11-560 FEIS response to comments. 4-9-070P (Revised 8/17)9 - 22 197-11-570 Consulted agency costs to assist lead agency. 1. Threshold Determinations: Whenever the Environmental Review Committee of the City of Renton issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3) the Environmental Review Committee shall give public notice as follows: a. If no public notice is required for the permit or approval, the City shall give no- tice of the DNS or DS by: i. Posting on the property for site- specific proposals, or posting on the City’s webpage for non-site-specific proposals; and ii. Publishing notice in a newspaper of general circulation in the county, city, or general area where the pro- posal is located. b. Whenever the Environmental Re- view Committee issues a DS under WAC 197-11-360(3), the Environmental Re- view Committee shall state the scoping procedure for the proposal in the DS as required in WAC 197-11-408 and in the public notice. 2. Public Notice: Whenever the Environ- mental Review Committee issues a DEIS un- der WAC 197-11-455(5) or a SEIS under WAC 197-11-620, notice of the availability of those documents shall be given by: a. Posting on the property for site-spe- cific proposals, or posting on the City’s webpage for non-site-specific proposals; and b. Publishing notice in a newspaper of general circulation in the county, city, or general area where the proposal is lo- cated. 3. Consolidation of Public Notice: When- ever possible, the Environmental Review Committee shall integrate the public notice re- quired under this Section with existing notice procedures for the City’s nonexempt permit(s) or approval(s) required for the proposal. 4. Responsibility of Cost: The Environ- mental Review Committee may require an applicant to complete the public notice re- quirements for the applicant’s proposal at his or her expense. 5. Notice: The City, applicant for, or propo- nent of any action may publish a notice of ac- tion pursuant to RCW 43.21C.080 for any action. The form of the notice shall be sub- stantially in the form provided in WAC 197-11-990. The notice shall be published by the City Clerk or County Auditor, applicant or proponent pursuant to RCW 43.21C.080. An applicant’s request for publication shall in- clude payment of the costs associated with such notice. 6. Record Retention: The City shall retain all documents required by the SEPA rules (chapter 197-11 WAC) and make them avail- able in accordance with chapter 42.17 RCW. (Ord. 5841, 6-12-2017) P. DEFINITIONS AND INTERPRETATION OF TERMS: This part contains uniform usage and definitions of terms under SEPA. The City adopts the follow- ing sections by reference, as supplemented by WAC 173-806-040. WAC 197-11-700 Definitions. 197-11-702 Act. 197-11-704 Action. 197-11-706 Addendum. 197-11-708 Adoption. 197-11-710 Affected tribe. 197-11-712 Affecting. 197-11-714 Agency. 197-11-716 Applicant. 197-11-718 Built environment. 197-11-720 Categorical exemption. 197-11-721 Closed record appeal. 197-11-722 Consolidated appeal. 197-11-724 Consulted agency. 197-11-726 Cost-benefit analysis. 197-11-728 County/city. 197-11-730 Decision maker. 197-11-732 Department. 197-11-734 Determination of nonsignifi- cance (DNS). 197-11-736 Determination of significance (DS). 197-11-738 EIS. 197-11-740 Environment. 4-9-070P 9 - 23 (Revised 5/18) 197-11-742 Environmental checklist. 197-11-744 Environmental document. 197-11-746 Environmental review. 197-11-750 Expanded scoping. 197-11-752 Impacts. 197-11-754 Incorporation by reference. 197-11-756 Lands covered by water. 197-11-758 Lead agency. 197-11-760 License. 197-11-762 Local agency. 197-11-764 Major action. 197-11-766 Mitigated DNS. 197-11-768 Mitigation. 197-11-770 Natural environment. 197-11-772 NEPA. 197-11-774 Nonproject. 197-11-775 Open record hearing. 197-11-776 Phased review. 197-11-778 Preparation. 197-11-780 Private project. 197-11-782 Probable. 197-11-784 Proposal. 197-11-786 Reasonable alternative. 197-11-788 Responsible official. 197-11-790 SEPA. 197-11-792 Scope. 197-11-793 Scoping. 197-11-794 Significant. 197-11-796 State agency. 197-11-797 Threshold determination. 197-11-799 Underlying governmental action. 1. Interpretation: a. Unless the context clearly requires otherwise: i. Use of the singular shall include the plural and conversely. ii. “Preparation” of environmental documents refers to preparing or su- pervising the preparation of docu- ments, including issuing, filing, printing, circulating, and related re- quirements. iii. “Impact” refers to environmental impact. iv. “Permit” means “license” (WAC 197-11-760). v. “Commenting” includes but is not synonymous with “consultation.” vi. “Environmental cost” refers to adverse environmental impact and may or may not be quantified. vii. “EIS” refers to draft, final, and supplemental EISs (WAC 197-11-405 and 197-11-738). viii. “Under” includes pursuant to, subject to, required by, established by, in accordance with, and similar expressions of legislative or adminis- trative authorization or direction. ix. “Shall” is mandatory. x. “May” is optional and permissive and does not impose a requirement. xi. “Include” means “include but not limited to.” b. The following terms are synony- mous: i. Effect and impact (WAC 197-11-752). ii. Environment and environmental quality (WAC 197-11-740). iii. Major and significant (WAC 197-11-764 and 197-11-794). iv. Proposal and proposed action (WAC 197-11-784). v. Probable and likely (WAC 197-11-782). c. In addition to those definitions con- tained within WAC 197-11-700 through 197-11-799, when used in this Section, the following terms shall have the follow- ing meanings, unless the context indi- cates otherwise: DEPARTMENT: Any division, subdivision or organizational unit of the City estab- lished by ordinance, rule, or order. DNS: Determination of nonsignificance. DS: Determination of significance. 4-9-070Q (Revised 5/18)9 - 24 EARLY NOTICE: The City’s response to an applicant stating whether it considers issuance of a determination of signifi- cance likely for the applicant’s proposal (mitigated determination of nonsignifi- cance (DNS) procedures). EIS: Environmental impact statement. ERC: The Environmental Review Com- mittee of the City of Renton. ORDINANCE: The ordinance, resolu- tion, or other procedure used by the City to adopt regulatory requirements. SEPA RULES: Chapter 197-11 WAC ad- opted by the Department of Ecology. Q. FORMS ADOPTED BY REFERENCE: The City adopts the following forms and sections by reference: WAC 197-11-960 Environmental checklist. 197-11-965 Adoption notice. 197-11-970 Determination of nonsignifi- cance (DNS). 197-11-980 Determination of significance (DS). 197-11-985 Notice of assumption of lead agency status. 197-11-990 Notice of action. R. APPEALS: Except for permits and variances issued pursuant to RMC 4-3-090, Shoreline Master Program Reg- ulations, when any proposal or action is granted, conditioned, or denied on the basis of SEPA by a nonelected official, the decision shall be appeal- able to the Hearing Examiner under the provi- sions of RMC 4-8-110, Appeals. S. EXPIRATION: (Reserved) T. MODIFICATIONS OF APPROVED PLANS: (Reserved) (Ord. 3891, 2-25-1985; Ord. 4353, 6-1-1992; Ord. 4725, 5-18-1998; Ord. 4835, 3-27-2000; Ord. 4851, 8-7-2000; Ord. 4999, 1-13-2003; Ord. 5137, 4-25-2005; Ord. 5530, 3-8-2010) 4-9-075 RESERVED: (Ord. 5153, 9-26-2005; Ord. 5876, 1-22-2018) 4-9-080 GRADING, EXCAVATION AND MINING PERMITS AND LICENSES: A. PURPOSE: (Reserved) B. APPLICABILITY: Except as exempted in subsection C of this Sec- tion, no person shall do any work without first ob- taining the required special permit and license. Separate special permits and licenses shall be re- quired for each site and may cover both excava- tions and fills. (Ord. 2820, 1-14-1974, eff. 1-19-1974, Amd. Ord. 3098, 12-17-1996, eff. 1-26-1977, Ord. 3592, 12-14-1981) C. EXEMPTIONS: No person shall do any mining, excavation or grading without first having obtained a special permit from the Hearing Examiner and an annual license issued by the Development Services Divi- sion with the concurrence of the Building Official, except for the following: 1. An excavation below finished grade for basements and footings of a building, retain- 4-9-080F 9 - 25 (Revised 4/12) ing wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such ex- cavation nor exempt any excavation having an unsupported height greater than five feet (5') after the completion of such structure. 2. Cemetery graves. 3. Excavations for water wells or tunnels or installation of service utilities by public and private utilities. 4. Public projects which result in dredging or placement of fill on lands covered by water, provided State and Federal permits are re- quired to complete the activity. 5. An excavation which (a) is less than two feet (2') in depth, or (b) which does not create a cut slope greater than five feet (5') in height and steeper than one and one-half horizontal to one vertical (1-1/2:1), or which does not ex- ceed fifty (50) cubic yards on any one lot and does not obstruct a drainage course. 6. A fill less than one foot (1') in depth, and placed on natural terrain with a slope flatter than five horizontal to one vertical (5:1) or less than three feet (3') in depth, not intended to support structures, which does not exceed fifty (50) cubic yards on any one lot and does not obstruct a drainage course. 7. The construction or maintenance of on- site roads in remote areas; or excavation or grading for farming purposes; or on-site con- struction. In cases of on-site construction, the plans for such activities shall require the prior written approval of the City. (Ord. 5650, 12-12-2011) D. SUBMITTAL REQUIREMENTS AND FEES: Shall be as listed in RMC 4-1-140G, Grade and Fill License Fees, and 4-8-120, Submittal Re- quirements. E. REVIEW PROCESS FOR MINOR ACTIVITY: 1. Building Section Authority: In order to expedite small projects, any mining, excava- tion or grading of five hundred (500) cubic yards or less shall be reviewed by the Devel- opment Services Division. The Division may accept, reject, modify or impose reasonable conditions which shall include but are not lim- ited to posting of bonds; installation of land- scaping; limitation of work hours; control of dust and mud; rehabilitation and reuse of the site. Proper application shall be made to the Development Services Division. 2. Annual License: Application for the an- nual license shall be made to the Develop- ment Services Division. The Division may issue a license for the work. 3. Time for Completion: All work is to be completed within ninety (90) days from the date of issuance or the license shall be null and void. 4. Issuance of License: The plans and re- ports shall be approved by the Development Services Division before a license is issued. 5. Revocation of Permit: The Develop- ment Services Division is authorized to re- voke any annual license issued pursuant to the terms of this Section if after due investiga- tion they determine that the permittee has vi- olated any of the provisions of this Section. Notice of revocation shall be in writing and shall advise the licensee of the violations found. The permittee shall have a reasonable period of time not to exceed forty five (45) days in which to remedy the defects or omis- sions specified. In the event the licensee fails or neglects to do so within the time period, the order of revocation shall be final. A total or partial stop work order may be issued for good reason. (Ord. 2820, 1-17-1974; Amd. 3592, 12-14-1992) F. REVIEW PROCESS FOR MAJOR ACTIVITY: 1. Authority: a. Hearing Examiner Authority: For any mining, excavation or grading in ex- cess of five hundred (500) cubic yards, the Hearing Examiner shall review, ap- prove, disapprove, or approve with condi- tions the location of the site and its effect on the surrounding area. b. Development Services Division Authority: The Development Services 4-9-080F (Revised 4/12)9 - 26 Division, which is the administering au- thority, shall enforce the requirements of the Hearing Examiner and the standards established by this Title. 2. Special Fill and Grade Permit Re- quired: The Hearing Examiner may grant a special permit, after a public hearing thereon in any zone, to allow the drilling, quarrying, mining or depositing of minerals or materials, including but not limited to petroleum, coal, sand, gravel, rock, clay, peat and topsoil. A special permit shall be required on each site of such operation. (Ord. 2820, 1-14-1974; Amd. Ord. 3098, 12-17-1976; Amd. Ord. 3592, 12-14-1981) 3. Annual Grading License: A special per- mit shall be granted prior to the Development Services Division issuing any annual license authorized by this Section. Licenses granted shall be issued for not more than one year and may be renewed if the operation is pro- gressing according to the approved plans. 4. Review Criteria for Special Grade and Fill Permit: To grant a special permit, the Hearing Examiner shall make a determina- tion that: a. Compatibility of Proposed Use: The proposed activity would not be un- reasonably detrimental to the surround- ing area. The Hearing Examiner shall consider, but is not limited to, the follow- ing: i. Size and location of the activity. ii. Traffic volume and patterns. iii. Screening, landscaping, fencing and setbacks. iv. Unsightliness, noise and dust. v. Surface drainage. vi. The length of time the applica- tion of an existing operation has to comply with nonsafety provisions of this Title. 5. Progressive Rehabilitation and Re- use: The Hearing Examiner shall approve the reuse of the site and the phasing to achieve the reuse. 6. Conformance with Examiner’s Ap- proved Plan Required: In the event that a permit is granted, excavation, removal or fill shall be permitted only in accordance with the plan approved by the Hearing Examiner. Re- habilitation shall take place in accordance with the approved plan and in a logical se- quence so that satisfactory conditions shall be maintained on the premises. Rehabilita- tion shall be done in stages compatible with continuing operations. The Hearing Examiner may require the drafting of rehabilitation plans by a licensed landscape architect. 7. Final Approval: After the applicant has completed the approved amount of excava- tion, fill or other activity, the final grading of the site, and the applicant or another developer begins to develop or construct the new use of the site, the Development Services Division shall relinquish jurisdiction of this Section pro- vided reasonable progress is occurring on the new use. 8. Other Requirements/Noncity Review: Issuing a permit under this Section does not relieve the holder from requirements of other government agencies. In addition to the re- quirements of the State Surface Mining Rec- lamation Act, review by other interested City, County, State and Federal organizations may be requested. 9. Inspection and Enforcement Author- ity: The Development Services Division shall have jurisdiction of the activities regulated in this Section after a special permit has been granted by the Hearing Examiner. For inspec- tion purposes, any duly authorized member of this Division shall have the right and is em- powered to enter upon any premises at rea- sonable hours where activities regulated by this Section are occurring. This Division is empowered to issue orders, grant, renew and revoke such licenses as are provided for in accordance with this Section. 10. Expiration and Extensions: The spe- cial permit shall be null and void if the appli- cant has not begun activity within six (6) months after the granting of the permit, unless the Hearing Examiner grants an extension of time. Special permits are valid until the ap- 4-9-090F 9 - 27 (Revised 3/13) proved plans have been satisfactorily com- pleted. 11. Transferability of Special Permit: The special permit is transferable to other per- sons, firms and corporations, and the special permit shall continue with the activity on the site unless a new special permit is granted. 12. Modifications to Approved Plans: (Reserved) G. VIOLATIONS AND PENALTIES: 1. Revocation of Special Permit: If the an- nual license has been revoked; if the annual license has not been issued for a three (3) year period; or if the applicant has not com- plied with the conditions of the special permit, the Hearing Examiner may revoke the special permit. (Ord. 2820, 1-17-1974; Amd. Ord. 3098, 12-17-1976, Ord. 3592, 12-14-1981) 2. Violations of This Chapter and Penal- ties: Unless otherwise specified, violations of this Section are misdemeanors subject to RMC 1-3-1. (Ord. 5159, 10-17-2005) 4-9-090 HOME OCCUPATIONS: A. DEFINITION: Any commercial use conducted entirely within a dwelling or garage and carried on by persons re- siding in that dwelling unit which is clearly inci- dental and secondary to the use of the dwelling as a residence. (Ord. 4665, 5-19-1997; Ord. 5356, 2-25-2008; Ord. 5676, 12-3-2012) B. PURPOSE: The City recognizes the need for some citizens to use their place of residence for limited nonresi- dential activities. It is the intent of this Section to preserve the character of residential neighbor- hoods 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. (Ord. 4493, 1-23-1995) C. APPLICABILITY: A home occupation business in a lawfully estab- lished dwelling unit may be permitted under the provisions of this Section. “Garage Sale” as de- fined in RMC 4-11-070 shall not be considered as an allowable home occupation. 1. Exemptions: The provisions of this Sec- tion 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. (Ord. 4404, 6-7-1993; Ord. 5640, 12-12-2011) D. PROHIBITED OCCUPATIONS: The occupations listed below are prohibited since they change the residential character of the struc- ture and shall not be considered incidental and secondary to the use of the residence for dwelling purposes: 1. Kennels and other boarding for pets, in- cluding pet daycare. 2. Automobile and associated mechanical repairs. 3. Businesses which dispense regulated substances. (Ord. 4493, 1-23-1995; Ord. 5676, 12-3-2012) E. CITY BUSINESS LICENSE REQUIRED: A business license must be obtained from the City Administrative Services Department. (Ord. 5547, 8-9-2010; Ord. 5654, 2-13-2012) F. APPLICATION AND REVIEW PROCEDURES: The following conditions must be met to obtain a business license for all home occupations: 1. Business License Application: Sub- mission of a complete application to the Ad- ministrative Services Department for a business license. That Department shall refer the application to the Zoning Administrator for review of the proposed use under this Code Section. (Ord. 5547, 8-9-2010; Ord. 5654, 2- 13-2012) a. Development Services Division Application: If the proposed home occu- pation will have customer visits, more than six (6) business-related deliveries per week, or any external indication of 4-9-090F (Revised 3/13)9 - 28 commercial activity, then additional infor- mation is required from the applicant pur- suant to RMC 4-8-120, Submittal Requirements. 2. Compliance: Compliance with all condi- tions placed on the home occupation by the Zoning Administrator to satisfy the general purpose of this Section. In addition to the pro- visions set forth herein, the Zoning Adminis- trator may, in approving, conditioning or denying the application, consider the cumula- tive impacts of the proposed home occupa- tion in relation to other City-approved home occupations in the immediate vicinity. 3. Decision: If the Zoning Administrator ap- proves the home occupation section of the business license application, the Administra- tive Services Department may issue the li- cense provided that all other requirements have been met. (Ord. 5547, 8-9-2010; Ord. 5654, 2-13-2012) 4. Qualification Standards: a. Primary Residence: The property on which the business is located must be the primary residence of the business owner. b. Retail Sales and Storage: No retail sales shall be allowed, except for sales of products made on the premises. Inciden- tal supplies necessary for business oper- ations may be kept if not for sale. Prod- ucts may be sold wholesale and stored for wholesale distribution. c. Parking: There shall be no expan- sion of parking, including the addition of on-site or off-site parking spaces, to sup- port the home occupation. d. Employees: The home occupation shall not employ more than one nonresi- dent 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. 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 receiv- ers 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 busi- ness which would exceed that normally associated with a dwelling. g. Space: The business shall not oc- cupy 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. Outdoor Storage: The outdoor stor- age or display of materials, goods, prod- ucts or equipment is prohibited. Domestic animals or household pets kept as an ac- cessory use and utilized as a component of a home occupation are excluded from this provision. (Ord. 5356, 2-25-2008) i. Flammable Liquids: A permit must be obtained for storage, handling or use of Class I flammable or combustible liq- uids on the premises. 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 type of business being conducted. l. Building Alterations: Any alter- ations to the building shall be conducted pursuant to the issuance of a permit from the Planning/Building/Public Works De- partment. m. Accessory Structures: Existing 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, 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. Ac- cessory structures providing shelter for 4-9-100C 9 - 29 (Revised 3/13) domestic animals or household pets that are a component of the home occupation are allowed. (Ord. 5356, 2-25-2008) n. Signage: There shall be no exterior or window signage, display, or advertis- ing except for one nonelectric and nonil- luminated sign attached flush to the wall or window of the building with the face of the sign in a plane parallel to the plane of the wall or window. 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. Pursu- ant to RMC 4-4-100B6q, a permit is not required for the allowed building sign. G. ADDITIONAL REQUIREMENTS FOR CUSTOMER VISITS OR DELIVERIES: 1. Notification to Neighbors: If a home oc- cupation will have customer visits, more than six (6) business-related deliveries per week, or any external indication of commercial ac- tivity, property owners within three hundred feet (300') of the home occupation must be notified of the application. The applicant is re- sponsible for providing current mailing labels and postage to the Development Services Di- vision which will then send the notification. 2. Inspection: The Zoning Administrator or designated staff may inspect the property prior to approval or renewal of the business li- cense to determine if: a. The information in the application is correct; and b. The property can accommodate a home occupation without changing the residential character of the premises; and c. Any domestic animals or household pets kept as a component of the home occupation are maintained in a humane and appropriate manner. (Ord. 5356, 2-25-2008) 3. Comment Period: A fourteen (14) day comment period shall be allowed before a de- cision is made by the Zoning Administrator to approve or disapprove the home occupation section of the business license application. 4. License Renewal: Prior to renewing a business license the City may reinspect the property to evaluate whether the business in operating in a manner consistent with the re- quirements of this Section. 5. Limitation of Use: No more than one home occupation may be operated within a dwelling unit with customer visits. 6. Limitation of Customer Visits: There shall not be more than eight (8) customer vis- its per day defined as a person coming to re- ceive service or pick up goods. There shall be no more than one customer on the premises at any one time. A family arriving in one vehi- cle or together is considered the same as one customer. 7. Limitation of 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. (Ord. 4493, 1-23-1995) 4-9-100 ADDITIONAL ANIMALS PERMIT PROCESS: A. PURPOSE: To ensure the keeping of additional animals oc- curs in a humane and appropriate manner that benefits the animals and allows animals to coex- ist harmoniously with adjacent and abutting uses. B. APPLICABILITY: Additional Animals Permits are issued to an indi- vidual and remain valid as long as that individual occupies the address where the keeping of addi- tional animals has been approved, the animal use remains an accessory use, and the permit has not been revoked. The permit is not transferable to a different individual or a different property, except that permits issued for extra large lot animals are allowed to be transferred to subsequent purchas- ers of the property for which the permit has been issued. (Ord. 5640, 12-12-2011) C. AUTHORITY AND RESPONSIBILITY: The Development Services Division, if satisfied that all requirements for an Additional Animals Permit are met, may approve the issuance of the Additional Animals Permit. 4-9-100D (Revised 3/13)9 - 30 D. MAXIMUM NUMBER OF ANIMALS PERMITTED WITH AN ADDITIONAL ANIMALS PERMIT: The number of animals allowed with the Addi- tional Animals Permit is at the discretion of the Community and Economic Development Admin- istrator in consultation with the inspecting Animal Control Officer; however, the following numbers shall not be exceeded for these specific animal types: (Ord. 5676, 12-3-2012) 1. Dogs and Cats: No more than a maxi- mum of six (6) dogs and/or cats. 2. Extra Large Animals (Horses, Donkeys, Cows and Llamas) on Properties without a Covered Arena and a Stable: * A minimum of 20,000 square feet of area must be devoted only to the animals. 3. Extra Large Lot Animals (Horses, Donkeys, Cows and Llamas) on Properties with a Covered Arena and a Stable: * A minimum of 20,000 square feet of area must be devoted only to the animals. Size of Property in Square Feet Maximum Number of Extra Large Lot Animals Permissible with an Additional Animals Permit Less than 20,000 square feet of area devoted only to the animals None allowed 20,000 – 29,039 square feet* 1 29,040 – 43,559 square feet* 2 43,560 – 58,079 square feet* 3 58,080 – 72,599 square feet* 4 72,600 – 87,119 square feet* 5 87,120 – 101,639 square feet* 6 For lots over 101,639* square feet, an additional 14,520 square feet is required for each additional extra large lot animal Size of Property in Square Feet Maximum Number of Extra Large Lot Animals Permissible with an Additional Animals Permit Less than 20,000 square feet of area devoted only to the animals None allowed 20,000 – 21,779 square feet* 2 21,780 – 29,039 square feet* 3 29,040 – 36,299 square feet* 4 36,300 – 43,559 square feet* 5 43,560 – 50,819 square feet* 6 50,820 – 58,080 square feet* 7 For lots over 58,080* square feet, an additional 7,260 square feet is required for each additional extra large lot animal 4-9-100H 9 - 31 (Revised 3/13) E. SUBMITTAL REQUIREMENTS AND FEES: Fees shall be as listed in the City of Renton Fee Schedule Brochure, and submittal requirements shall be as listed in RMC 4-8-120C. F. NOTIFICATION AND COMMENT PERIOD: 1. Notification: Public notice shall be ac- complished consistent with RMC 4-8-090, Public Notice Requirements. Property own- ers within three hundred feet (300') of the ap- plicant’s property shall be notified of the application. The applicant is responsible for providing current mailing labels and postage to the Development Services Division. 2. Comment Period and Decision: The notice of application comment period shall expire prior to the issuance of a decision by the Development Services Division Director. The Director may approve, conditionally ap- prove or deny the proposed application. G. DECISION CRITERIA: 1. Authority: The Development Services Division Director shall review requests for Ad- ditional Animals Permits for compatibility of the proposal with the surrounding neighbor- hood. 2. Inspection Authorized: The Community and Economic Development Administrator may require that the property be inspected by an Animal Control Officer. (Ord. 5676, 12-3-2012) 3. Findings Required for Approval: In or- der to approve the Additional Animals Permit, the Director must find all of the following: a. The site and facility will be adequate to ensure the humane and appropriate care of the animals. b. The keeping of additional animals will not have a significant effect on abut- ting or adjacent properties or cause a detriment to the community. c. Adequate and appropriate facility and rear yard specifications/dimensions exist that ensure the health and safety of the animals. The facility for medium lot, large lot and extra large lot domestic ani- mals must include a grassy or vegetated area. d. Compliance with the requirements of subsection D of this section, Maximum Number of Animals Permitted With an Additional Animals Permit. e. Animal waste will be managed in a manner appropriate and adequate to pre- vent significant off-site impacts. f. If the application is for the keeping of additional large lot or extra large lot ani- mals, the applicant has provided a copy of an adopted farm management plan based on King County Conservation Dis- trict’s Farm Conservation and Practice Standards which shows that there is ade- quate pasturage to support a greater number of animals. g. If the application is for the keeping of additional extra large lot animals, the minimum area devoted only to the ani- mals is at least twenty thousand (20,000) square feet. h. If the application is for an animal fos- ter care provider, the applicant shall keep paperwork for all foster animals which states that the animals are foster animals from a sponsoring organization. Such pa- perwork shall be provided upon request to City officials. 4. Additional Considerations: Additional factors to be considered in determining com- patibility and adequacy are: a. The past history of animal control complaints regarding animals kept by the applicant. b. The animal size, type and character- istics of breed. c. The zoning classification of the pre- mises on which the keeping of additional animals is to occur. H. CONDITIONS: The Community and Economic Development Ad- ministrator, in reviewing an Additional Animals 4-9-100I (Revised 3/13)9 - 32 Permit application, may require soundproofing of structures as he or she deems necessary to en- sure the compatibility of the proposal for additional animals with the surrounding neighborhood. Other conditions may be applied based upon the determination of the Administrator that conditions are warranted to meet the purpose and intent of applicable regulations and decision criteria. (Ord. 5676, 12-3-2012) I. PERIOD OF VALIDITY, INDIVIDUAL PERMITS: An Additional Animals Permit shall be valid as long as the keeping of animals has not been dis- continued for more than one year, the operator is in compliance with the City requirements and has not had the Additional Animals Permit and/or any related home occupation license revoked or re- newal refused. In addition, all animals that are re- quired to be licensed shall be individually licensed according to the regulations found in chapter 5-4 RMC, Animal Licenses. Failure to renew animal licenses as required in chapter 5-4 RMC shall trigger review and/or revocation of the Additional Animals Permit. J. REVOCATION OF LICENSE: 1. Revocation of Additional Animals Per- mit: If, after conducting an investigation, the Community and Economic Development Ad- ministrator finds that the keeping of additional animals is in violation of the provisions of this Section and/or the terms and conditions sub- ject thereto, he or she may revoke the Addi- tional Animals Permit. 2. Revocation of Business License: Upon findings of violation, if the Additional Animals Permit holder also has a home occu- pation business license, the Community and Economic Development Administrator shall refer the findings to the Administrative Ser- vices Administrator who may revoke the home occupation business license pursuant to RMC 5-5-3F, Penalties. (Ord. 5547, 8-9-2010; Ord. 5654, 2-13-2012) 3. License – Waiting Period Following Revocation or Refusal to Renew: For a pe- riod 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 re- newal refused. In addition, the applicant must meet the requirements of this Section or any provisions of the animal control authority. (Ord. 5676, 12-3-2012) K. APPEAL: The applicant or a citizen may appeal the deci- sion of the Community and Economic Develop- ment Administrator pursuant to RMC 4-8-110, Appeals. (Ord. 3927, 7-15-1985; Ord. 4493, 1-23-1995; Amd. Ord. 4963, 5-13-2002; Ord. 5159, 10-17-2005; Ord. 5356, 2-25-2008; Ord. 5547, 8-9-2010; Ord. 5578, 11-15-2010; Ord. 5603, 6-6-2011; Ord. 5676, 12-3-2012) 4-9-110 MANUFACTURED AND MOBILE HOME PARKS: A. PURPOSE: It is the purpose of this Section to provide a means of regulating manufactured home parks so as to promote the health, safety, morals, general welfare and esthetics of the City of Renton. Man- ufactured home parks should provide a pleasant residential environment which will be an enjoy- able place to live and a residential asset to the City. (Ord. 3746, 9-19-1983) B. APPLICABILITY: Development of mobile home parks shall conform to the regulations established herein. It shall be il- legal to allow or permit any mobile home to re- main in the mobile home park unless a proper space is available for it. It shall be illegal to allow a recreational vehicle without at least one internal toilet and one internal shower to remain in the mo- bile home park unless the mobile home park pro- vides community toilets and showers. (Ord. 3902, 4-22-1985; Ord. 5676, 12-3-2012) 1. Exemptions: (Reserved) C. AUTHORITY: 1. Building Official: It shall be the duty of the Building Official to enforce all provisions of this Section. (Ord. 3746, 9-19-1983) 2. Development Services Division: The Development Services Division shall be re- sponsible for administering the review, design and construction provisions of this Section. For inspection purposes, any of the members 4-9-110G 9 - 33 (Revised 8/16) of the Development Services Division or their duly authorized representatives and agents shall have the right and are hereby empow- ered to enter upon any premises at any rea- sonable time on which any trailers or mobile homes, as above defined, are located. The Development Services Division is empow- ered to issue orders, grant, renew and revoke such permits and licenses as are provided for in accordance with the provisions of this Sec- tion. 3. Hearing Examiner: The Hearing Exam- iner is designated as the official agency of the City for the review and approval of the design of a proposed mobile home park and the con- duct of public hearings thereon. D. SUBMITTAL REQUIREMENTS AND FEES: (Reserved) E. PARK REVIEW PROCEDURES: 1. Application: The procedure for review and approval of a mobile home park consists of the preparation and submission to the Hearing Examiner of a mobile home park plan of the proposed mobile home park. 2. Referrals, Recommendations of De- partment: The Development Services Divi- sion shall transmit copies of the proposed mobile home park plan to the Public Works Department, the health agency, the Fire De- partment and copies to other department heads and agencies as necessary for their re- view and recommendation. Two (2) copies shall be retained by the Hearing Examiner. These departments and agencies shall make, within the scope of their municipal functions, their respective recommendations regarding the mobile home park plan to the Develop- ment Services Division, in writing, not less than fifteen (15) days prior to the date of hear- ing. (Ord. 5676, 12-3-2012; Ord. 5806, 6-20- 2016) 3. Public Notice: Shall be as required by RMC 4-8-090, Public Notice Requirements. 4. Recommendations to Hearing Exam- iner: The Development Services Division shall transmit the application, the proposed mobile home park plan and the respective recommendations of City departments and other public agencies, together with the De- velopment Services Division recommenda- tions, to the Hearing Examiner for study at least seven (7) days prior to any such hearing. 5. Conditions of Approval: The Hearing Examiner may make any such changes or modifications he deems necessary in the de- sign or layout of a mobile home park to opti- mize the development and use of the site, to protect adjoining and/or surrounding proper- ties, developments, traffic patterns and/or ac- cessibility. 6. Installation: A surety bond of not less than four hundred dollars ($400.00) per acre of the mobile home for a maximum of two (2) year period guaranteeing to the City the in- stallation according to the approved land- scape plan of walls, fences and landscaping required herein shall be posted prior to the is- suance of any permits to construct the park. 7. Construction Timing: No grading, con- struction or similar activities, except the clear- ing of land, shall be permitted until the Hearing Examiner has given approval to the final plan. 8. Certificate of Occupancy: A signed cer- tificate of occupancy shall signify that the mo- bile home park has been satisfactorily completed according to the approved final plan and the requirements of this Section. F. DEFERRALS: See RMC 4-9-060. G. MAINTENANCE: 1. General: The mobile home park shall be kept in good repair to insure that said park shall be a pleasant, safe and sanitary living environment for present and future inhabi- tants. 2. Landscaping: The mobile park shall be kept in good repair and landscaped areas maintained. Landscaped areas will be sub- ject to periodic inspection by the Develop- ment Services Division. Landscaping shall be kept neat and orderly. 4-9-110H (Revised 8/16)9 - 34 H. EXPIRATION AND EXTENSION: The approval of the mobile home park plan shall lapse unless a building permit based thereon is submitted within three (3) years from the date of such approval unless extended for good cause by the Hearing Examiner upon proper written appli- cation by the developer for a period not to exceed one year. Only one such extension shall be granted. I. MODIFICATIONS TO APPROVED PLANS: (Reserved) J. VIOLATION AND PENALTIES: 1. Revocation of License: The Building Of- ficial is hereby authorized to revoke any li- cense issued pursuant to the terms of this Chapter if after due investigation it is deter- mined that the owner thereof has violated any of the provisions of this Chapter or that any mobile home or mobile home park is being maintained in an unsanitary or unsafe manner or is a nuisance. Such notice of revocation shall be in writing and shall advise the licensee of the violations found. The licensee shall have a period of ten (10) days in which to remedy the defects or omissions therein specified. In the event that the licensee fails or neglects to do so within the said ten (10) day period, the order of revocation shall be fi- nal. 2. Misdemeanor: In addition to subsection J1 of this Section, any person, firm or corpo- ration violating any of the provisions of this Section shall, upon conviction, be guilty of a misdemeanor subject to RMC 1-3-1, and each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Chapter is committed, continued or permit- ted. (Ord. 3746, 9-19-1983; Ord. 5159, 10-17-2005) K. APPEALS: See RMC 4-8-110. 4-9-120 NONCONFORMING USES/ STRUCTURES REBUILD APPROVAL PERMITS: A. PURPOSE OF PERMIT: The purpose of a rebuild approval permit was to allow nonconforming uses and/or structures that became nonconforming as a consequence of Code amendments in June 1993 and thereafter, to be re-established and/or rebuilt in certain zon- ing districts where they would normally be prohib- ited because the costs associated with re- establishing the use and/or structure exceed fifty percent (50%) of their most recently assessed or appraised value prior to the loss or damage. B. NO LONGER APPLICABLE: This rebuild approval permit shall no longer be is- sued by the City. The reference hereto is only for historical purposes. Any active rebuild approval permit shall remain valid until the expiration date noted on the permit. Upon expiration, the permit shall not be extended and/or reissued. (Ord. 4584, 2-12-1996; Amd. Ord. 4963, 5-13-2002; Ord. 5647, 12-12-2011) 4-9-130 OCCUPANCY PERMITS: A. PURPOSE: (Reserved) B. APPLICABILITY: No vacant land shall be occupied or used and no building hereafter erected shall be occupied or used, nor shall the use of a building be changed from a use limited to one district to that of any other district as defined by this Chapter until a certificate of occupancy shall have been issued by the Building Official. No permit for excavation for any building shall be issued before the appli- cation has been made for certificate of occu- pancy. (Ord. 1472, 12-18-1953) 1. Exemptions: (Reserved) C. CERTIFICATE AVAILABLE UPON REQUEST: Upon a written request of the owner, the Building Official shall issue a certificate of occupancy for any building or land existing at the time this Code takes effect, certifying, after inspection, the use of the building or land and whether such use con- forms to the provisions of the Code. Where a plat as above provided is not already on file, an appli- cation for a certificate of occupancy shall be ac- 4-9-120D 9 - 34.1 (Revised 8/16) companied by a survey in duplicate form such as is required for a permit. D. TIMING AND PROCEDURE: Certificate of occupancy for the use of vacant lands or the change in the use of land as herein provided shall be applied for before any such land shall be occupied or used, and a certificate of oc- (Revised 8/16)9 - 34.2 This page left intentionally blank. 4-9-150B 9 - 35 (Revised 8/17) cupancy shall be issued within ten (10) days after the application has been made, providing such use is in conformity with the provisions of these regulations. (Ord. 1472, 12-18-1953) E. TEMPORARY OCCUPANCY PERMITS: See RMC 4-9-060, Deferral of Improvement In- stallation Procedures. 4-9-140 OPEN SPACE, AGRICULTURAL AND TIMBER LANDS; CURRENT USE ASSESSMENT: A. PURPOSE, APPLICABILITY, AND ADOPTION OF STATE RULES BY REFERENCE: The City further adopts, by reference herein, the Open Space Taxation Act Rules as promulgated by the Department of Revenue, State of Washing- ton, on the date of October 23, 1970, or as same may be amended from time to time. (Ord. 2844, 4-1-1974) B. APPLICATION SUBMITTAL REQUIREMENTS: (Reserved) C. PROCESSING FEE: Fees for processing any application by any owner in pursuance of chapter 84.34 RCW (Open Space, Agricultural and Timber Lands – Current Use Assessment) shall be as listed in RMC 4-1-170A, which fee is payable to the City of Renton upon filing of the application by any such owner and said fee shall be delivered by the King County Assessor to the City of Renton upon refer- ral of any such application to the legislative body of the City. Such fee shall be deposited in the gen- eral fund of the City of Renton. D. REFUND OF FEE UPON DENIAL OF APPLICATION: If any such application is not approved by the City of Renton, said application fee shall be refunded by the City Treasurer unto the applicant-owner. (Ord. 2844, 4-1-1974) 4-9-150 PLANNED URBAN DEVELOPMENT REGULATIONS: A. PURPOSES: There are two (2) principal purposes of the planned urban development regulations. First, it is the purpose of these regulations to preserve and protect natural features of the land. Second, it is also the purpose of these regulations to en- courage innovation and creativity in the develop- ment of residential, business, manufacturing, or mixed use developments by permitting a variety in the type, design, and arrangement of structures and improvements. In order to accomplish these purposes, this Sec- tion is established to permit development which is not limited by the strict application of the City’s zoning, parking, street, and subdivision regula- tions when it is demonstrated that such new de- velopment will be superior to traditional development under standard regulations. In con- sideration of the latitude given and the absence of conventional restrictions, the reviewing agencies, Hearing Examiner, and City Council shall have wide discretionary authority in judging and ap- proving or disapproving the innovations which may be incorporated into planned urban develop- ments proposed under this Section. (Ord. 5153, 9-26-2005) B. APPLICABILITY: Any applicant seeking to permit development which is not limited by the strict application of the City’s zoning, parking, street, and subdivision regulations in a comprehensive manner shall be subject to this Section. Any amendment to exist- ing planned urban developments shall be subject to this Chapter. 1. Zones: Planned urban developments may be permitted in all zoning districts, when processed and approved as provided in this Section. (Ord. 5571, 11-15-2010) 2. Code Provisions That May Be Modi- fied: a. In approving a planned urban devel- opment, the City may modify any of the standards of chapter 4-2 RMC, RMC 4-3-100, chapter 4-4 RMC, RMC 4-6-060 and chapter 4-7 RMC, except as listed in subsection B3 of this Section. All modifi- cations shall be considered simultane- 4-9-150C (Revised 8/17)9 - 36 ously as part of the planned urban development. b. An applicant may request additional modifications from the requirements of this Title, except those listed in subsec- tion B3 of this Section. All modifications shall be considered simultaneously as part of the planned urban development. (Ord. 5571, 11-15-2010; Ord. 5749, 1-12- 2015) 3. Code Provisions Restricted from Mod- ification: a. Permitted Uses: A planned urban development may not authorize uses that are inconsistent with those uses allowed by the underlying zone, or overlay dis- trict, or other location restriction in RMC Title 4, including, but not limited to: RMC 4-2-010 to 4-2-080, 4-3-010 to 4-3-040, 4-3-090, 4-3-095, and 4-4-010; b. Density/Permitted Number of Dwelling Units: The number of dwelling units shall not exceed the density allow- ances of the applicable base or overlay zone or bonus criteria in chapter 4-2 or 4-9 RMC; however, averaging density across a site with multiple zoning classifi- cations may be allowed if approved by the Community and Economic Develop- ment Administrator; (Ord. 5675, 12-3-2012) c. Planned Urban Development Reg- ulations: The City may not modify any of the provisions of this Section, Planned Urban Development Regulations, unless explicitly permitted as specified below; d. Procedures: The City may not mod- ify any of the procedural provisions of RMC Title 4, including, but not limited to, fees, submittal requirements, and other similar provisions found in chapters 4-1, 4-7, 4-8 and 4-9 RMC; and e. Specific Limitations: The City may not modify any provision of RMC 4-3-050, Critical Areas Regulations, 4-3-090, Shoreline Master Program Reg- ulations, 4-4-130, Tree Cutting and Land Clearing, 4-4-060, Grading, Excavation and Mining Regulations, chapter 4-5 RMC, or RMC 4-6-010 to 4-6-050 and 4-6-070 through 4-6-110 related to utili- ties and concurrency, except that provi- sions may be altered for these codes by alternates, modification, conditional use, or variance as specifically allowed in the referenced Chapter or Section. Such al- ternates, modification, conditional use, or variance applications may be merged with the consideration of a planned urban development per RMC 4-9-150H. (Ord. 4351, 5-4-1992; Amd. Ord. 5153, 9-26-2005; Ord. 5841, 6-12-2017) C. ROLES AND RESPONSIBILITY: 1. The Department of Community and Economic Development (CED): CED shall be responsible for the general administration and coordination of this Section. However, all proposed Code modifications shall be re- viewed at the same time by the Hearing Ex- aminer. 2. City Departments: Applicable City de- partments shall review each proposed planned urban development in accordance with procedures in chapter 4-8 RMC and this Chapter as appropriate. 3. Hearing Examiner: The Hearing Exam- iner shall be the official City designee for the public hearings, or review of requested Code modifications, as well as the overall proposal itself. (Ord. 4039, 1-19-1987; Amd. Ord. 5153, 9-26-2005; Ord. 5519, 12-14-2009) D. DECISION CRITERIA: The City may approve a planned urban develop- ment only if it finds that the following requirements are met. 1. Demonstration of Compliance and Su- periority Required: Applicants must demon- strate that a proposed development is in compliance with the purposes of this Section and with the Comprehensive Plan, that the proposed development will be superior to that which would result without a planned urban development, and that the development will not be unduly detrimental to surrounding properties. 2. Public Benefit Required: In addition, ap- plicants shall demonstrate that a proposed development will provide specifically identi- 4-9-150D 9 - 37 (Revised 3/17) fied benefits that clearly outweigh any ad- verse impacts or undesirable effects of the proposed planned urban development, partic- ularly those adverse and undesirable impacts to surrounding properties, and that the pro- posed development will provide one or more of the following benefits than would result from the development of the subject site without the proposed planned urban development: a. Critical Areas: Protects critical ar- eas that would not be protected other- wise to the same degree as without a planned urban development; or b. Natural Features: Preserves, en- hances, or rehabilitates natural features of the subject property, such as signifi- cant woodlands, native vegetation, to- pography, or noncritical area wildlife habitats, not otherwise required by other City regulations; or c. Public Facilities: Provides public fa- cilities that could not be required by the City for development of the subject prop- erty without a planned urban develop- ment; or d. Use of Sustainable Development Techniques: Design which results in a sustainable development; such as LEED certification, energy efficiency, use of al- ternative energy resources, low impact development techniques beyond that re- quired by the Surface Water Design Man- ual, etc.; or e. Overall Design: Provides a planned urban development design that is supe- rior to the design that would result from development of the subject property with- out a planned urban development. A su- perior design may include the following: i. Open Space/Recreation: (a) Provides increased open space or recreational facilities beyond standard code require- ments and considered equiva- lent to features that would offset park mitigation fees in Resolu- tion 3082; and (b) Provides a quality environ- ment through either passive or active recreation facilities and at- tractive common areas, including accessibility to buildings from parking areas and public walk- ways; or ii. Circulation/Screening: Pro- vides superior circulation patterns or location or screening of parking facil- ities; or iii. Landscaping/Screening: Pro- vides superior landscaping, buffer- ing, or screening in or around the proposed planned urban develop- ment; or iv. Site and Building Design: Pro- vides superior architectural design, placement, relationship or orientation of structures, or use of solar energy; or v. Alleys: Provides alleys for pro- posed detached or attached units with individual, private ground re- lated entries. (Ord. 5520, 12-14-2009; Ord. 5571, 11-15-2010; Ord. 5828, 12-12-2016) 3. Additional Review Criteria: A proposed planned urban development shall also be re- viewed for consistency with all of the follow- ing criteria: a. Building and Site Design: i. Perimeter: Size, scale, mass, character and architectural design along the planned urban develop- ment perimeter provide a suitable transition to adjacent or abutting lower density/intensity zones. Materi- als shall reduce the potential for light and glare. ii. Interior Design: Promotes a co- ordinated site and building design. Buildings in groups should be related by coordinated materials and roof styles, but contrast should be pro- vided throughout a site by the use of varied materials, architectural detail- ing, building orientation or housing 4-9-150E (Revised 3/17)9 - 38 type; e.g., single family, townhouses, flats, etc. (Ord. 5520, 12-14-2009) b. Circulation: i. Provides sufficient streets and pedestrian facilities. The planned ur- ban development shall have suffi- cient pedestrian and vehicle access commensurate with the location, size and density of the proposed develop- ment. All public and private streets shall accommodate emergency vehi- cle access and the traffic demand created by the development as docu- mented in a traffic and circulation re- port approved by the City. Vehicle access shall not be unduly detrimen- tal to adjacent areas. ii. Promotes safety through suffi- cient sight distance, separation of ve- hicles from pedestrians, limited driveways on busy streets, avoid- ance of difficult turning patterns, and minimization of steep gradients. iii. Provision of a system of walk- ways which tie residential areas to recreational areas, transit, public walkways, schools, and commercial activities. iv. Provides safe, efficient access for emergency vehicles. c. Infrastructure and Services: Pro- vides utility services, emergency ser- vices, and other improvements, existing and proposed, which are sufficient to serve the development. d. Clusters or Building Groups and Open Space: An appearance of open- ness created by clustering, separation of building groups, and through the use of well-designed open space and landscap- ing, or a reduction in amount of impervi- ous surfaces not otherwise required. e. Privacy and Building Separation: Provides internal privacy between dwell- ing units, and external privacy for adja- cent and abutting dwelling units. Each residential or mixed use development shall provide visual and acoustical privacy for dwelling units and surrounding proper- ties. Fences, insulation, walks, barriers, and landscaping are used, as appropri- ate, for the protection and aesthetic en- hancement of the property, the privacy of site occupants and surrounding proper- ties, and for screening of storage, me- chanical or other appropriate areas, and for the reduction of noise. Windows are placed at such a height or location or screened to provide sufficient privacy. Sufficient light and air are provided to each dwelling unit. (Ord. 5676, 12-3-2012) f. Building Orientation: Provides buildings oriented to enhance views from within the site by taking advantage of to- pography, building location and style. g. Parking Area Design: Provides parking areas that are complemented by landscaping and not designed in long rows. The size of parking areas is mini- mized in comparison to typical designs, and each area related to the group of buildings served. The design provides for efficient use of parking, and shared park- ing facilities where appropriate. (Ord. 5571, 11-15-2010) h. Phasing: Each phase of the pro- posed development contains the re- quired parking spaces, open space, recreation spaces, landscaping and utili- ties necessary for creating and sustain- ing a desirable and stable environment, so that each phase, together with previ- ous phases, can stand alone. 4. Compliance with Development Stan- dards: Each planned urban development shall demonstrate compliance with the devel- opment standards contained in subsection E of this Section, the underlying zone, and any overlay districts; unless a modification for a specific development standard has been re- quested pursuant to subsection B2 of this Section. (Ord. 5153, 9-26-2005; Ord. 5571, 11-15-2010) E. DEVELOPMENT STANDARDS: 1. Common Open Space Standard: Open space shall be concentrated in large usable areas and may be designed to provide either 4-9-150E 9 - 38.1 (Revised 3/17) active or passive recreation. Requirements for residential, mixed use, commercial, and industrial developments are described below. (Revised 3/17)9 - 38.2 This page left intentionally blank. 4-9-150E 9 - 39 (Revised 3/13) a. Residential: For residential devel- opments open space must equal at least ten percent (10%) of the development site’s gross land area. i. Open space may include, but is not limited to, the following: (a) A trail that allows opportu- nity for passive recreation within a critical area buffer (only the square footage of the trail shall be included in the open space area calculation), or (b) A sidewalk and its associ- ated landscape strip, when abut- ting the edge of a critical area buffer and when a part of a new public or private road, or (c) A similar proposal as ap- proved by the Hearing Examiner. ii. Additionally, a minimum area equal to fifty (50) square feet per unit of common space or recreation area shall be provided in a concentrated space as illustrated in Figure 1. iii. Stormwater facilities may be in- corporated with the open space, common space or recreation area on a case-by-case basis if the Hearing Examiner finds: (a) The stormwater facility uti- lizes the techniques and land- scape requirements set forth in The Integrated Pond, King County Water and Land Re- sources Division, or an equiva- lent manual, or (b) The surface water feature serves areas outside of the planned urban development and is appropriate in size and creates a benefit. Figure 1. Common Open Space Example (Ord. 5571, 11-15-2010; Ord. 5676, 12-3-2012) Site Area: 1.5 acres Typical Lot Size: 4,500 sq. ft. Total Number of Lots: 12 Site Area: 1.5 acres Typical Lot Size: 3,500 sq. ft. Total Number of Lots: 12 Open Space: 7,134 sq. ft. Standard Subdivision Example Planned Urban Development Approach 4-9-150E (Revised 3/13)9 - 40 b. Mixed Use – Residential Portions: Subsections E1bi to v of this Section specify common open space standards for the residential portions of mixed use developments. i. Mixed use residential and at- tached housing developments of ten (10) or more dwelling units shall pro- vide a minimum area of common space or recreation area equal to fifty (50) square feet per unit. The com- mon space area shall be aggregated to provide usable area(s) for resi- dents. The location, layout, and pro- posed type of common space or recreation area shall be subject to approval by the Hearing Examiner. The required common open space shall be satisfied with one or more of the elements listed below. The Hear- ing Examiner may require more than one of the following elements for de- velopments having more than one hundred (100) units. (a) Courtyards, plazas, or mul- tipurpose open spaces; (b) Upper level common decks, patios, terraces, or roof gardens. Such spaces above the street level must feature views or amenities that are unique to the site and provided as an asset to the development; (c) Pedestrian corridors dedi- cated to passive recreation and separate from the public street system; (d) Recreation facilities includ- ing, but not limited to: tennis/ sports courts, swimming pools, exercise areas, game rooms, or other similar facilities; or (e) Children’s play spaces. (Ord. 5676, 12-3-2012) ii. Required landscaping, drive- ways, parking, or other vehicular use areas shall not be counted toward the common space requirement or be located in dedicated outdoor rec- reation or common use areas. iii. Required yard setback areas shall not count toward outdoor recre- ation and common space unless such areas are developed as private or semi-private (from abutting or ad- jacent properties) courtyards, plazas or passive use areas containing land- scaping and fencing sufficient to cre- ate a fully usable area accessible to all residents of the development. iv. Private decks, balconies, and private ground floor open space shall not count toward the common space/ recreation area requirement. 4-9-150E 9 - 41 (Revised 3/13) Figure 2. A visible and accessible residential common area containing landscaping and other amen- ities. v. Other required landscaping, and sensitive area buffers without com- mon access links, such as pedes- trian trails, shall not be included toward the required recreation and common space requirement. c. Mixed Use Nonresidential Por- tions, or Commercial, or Industrial Uses: The following subsections specify common open space requirements appli- cable to nonresidential portions of mixed use developments or to single use com- mercial or industrial developments: i. All buildings and developments with over thirty thousand (30,000) square feet of nonresidential uses (excludes parking garage floorplate areas) shall provide pedestrian-ori- ented space according to the follow- ing formula: 1% of the lot area + 1% of the building area = Min- imum amount of pedestrian-oriented space 4-9-150E (Revised 3/13)9 - 42 Figure 3. Examples of pedestrian-oriented space associated with a large scale retail building. ii. To qualify as pedestrian-oriented space, the following must be in- cluded: (a) Visual and pedestrian ac- cess (including barrier-free ac- cess) to the abutting structures from the public right-of-way or a courtyard not subject to vehicular traffic, (b) Paved walking surfaces of either concrete or approved unit paving, (c) On-site or building-mounted lighting providing at least four (4) foot-candles (average) on the ground, and (d) At least three (3) feet of seating area (bench, ledge, etc.) or one individual seat per sixty (60) square feet of plaza area or open space. iii. The following features are en- couraged in pedestrian-oriented space and may be required by the Hearing Examiner. (a) Pedestrian-oriented uses at the building facade facing the pe- destrian-oriented space. (b) Spaces should be posi- tioned in areas with significant pedestrian traffic to provide inter- 4-9-150E 9 - 43 (Revised 8/17) est and security – such as adja- cent to a building entry. (c) Pedestrian-oriented fa- cades on some or all buildings facing the space consistent with Figure 4. (d) Public seating that is dura- ble or easily replaceable, main- tainable, and accessible. (Ord. 5676, 12-3-2012) Figure 4. Pedestrian-oriented spaces, visible from the street, including ample seating areas, mov- able furniture, special paving, landscaping components, and adjacent pedestrian-oriented uses. iv. The following are prohibited within pedestrian-oriented space: (a) Adjacent unscreened park- ing lots, (b) Adjacent chain link fences, (c) Adjacent blank walls, (d) Adjacent dumpsters or ser- vice areas, and (e) Outdoor storage (shopping carts, potting soil bags, firewood, etc.) that do not contribute to the pedestrian environment. d. Open Space Orientation: The loca- tion of public open space shall be consid- ered in relation to building orientation, sun and light exposure, and local micro- climatic conditions. e. Common Open Space Guidelines: Common space areas in mixed use resi- dential and attached residential projects should be centrally located so they are near a majority of dwelling units, accessi- ble and usable to residents, and visible from surrounding units. i. Common space areas should be located to take advantage of sur- rounding features such as building entrances, significant landscaping, unique topography or architecture, and solar exposure. ii. In mixed use residential and at- tached residential projects children’s play space should be centrally lo- cated, visible from the dwellings, and away from hazardous areas like gar- bage dumpsters, drainage facilities, streets, and parking areas. 2. Private Open Space: Each residential unit in a planned urban development shall 4-9-150F (Revised 8/17)9 - 44 have usable private open space (in addition to parking, storage space, lobbies, and corri- dors) for the exclusive use of the occupants of that unit. Each ground floor unit, whether attached or detached, shall have private open space contiguous to the unit. The private open space shall be well demarcated and at least fifteen feet (15') in every dimension (decks on upper floors can substitute for the required private open space). For dwelling units that are exclusively upper story units, there shall be deck areas totaling at least sixty (60) square feet in size with no dimen- sion less than five feet (5'). For dwelling units located above the sixth story, private open space may be provided by a shallow balcony accessed by a door with at least fifty percent (50%) glazing; any required private open space not provided by the balcony shall be added to the required common open space, pursuant to subsection E1 of this Section. The minimum dimensional standards of this Section may be modified through the planned urban development review process; pro- vided, that the minimum area requirement is maintained. (Ord. 5571, 11-15-2010; Ord. 5759, 6-22-2015; Ord. 5841, 6-12-2017) 3. Installation and Maintenance of Com- mon Open Space: a. Installation: All common area and open space shall be landscaped in accor- dance with the landscaping plan submit- ted by the applicant and approved by the City; provided, that common open space containing natural features worthy of preservation may be left unimproved. Prior to the issuance of any occupancy permit, the developer shall furnish a se- curity device to the City in an amount equal to the provisions of RMC 4-9-060. Landscaping shall be planted within one year of the date of final approval of the planned urban development, and main- tained for a period of five (5) years there- after prior to the release of the security device. b. Maintenance: Landscaping shall be maintained pursuant to requirements of RMC 4-4-070. (Ord. 5841, 6-12-2017) 4. Installation and Maintenance of Com- mon Facilities: a. Installation: Prior to the issuance of any occupancy permits, all common facil- ities, including but not limited to utilities, storm drainage, streets, recreation facili- ties, etc., shall be completed by the de- veloper or, if deferred by the Administrator, assured through a security device to the City equal to the provisions of RMC 4-9-060, except for such com- mon facilities that are intended to serve only future phases of a planned urban development. Any common facilities that are intended to serve both the present and future phases of a planned urban de- velopment shall be installed or secured with a security instrument as specified above before occupancy of the earliest phase that will be served. At the time of such security and deferral, the City shall determine what portion of the costs of im- provements is attributable to each phase of a planned urban development. (Ord. 5676, 12-3-2012) b. Maintenance: All common facilities not dedicated to the City shall be perma- nently maintained by the planned urban development owner, if there is only one owner, or by the property owners’ associ- ation, or the agent(s) thereof. In the event that such facilities are not maintained in a responsible manner, as determined by the City, the City shall have the right to provide for the maintenance thereof and bill the owner or property owners’ associ- ation accordingly. Such bill, if unpaid, shall become a lien against each individ- ual property. (Ord. 5153, 9-26-2005) F. PROCEDURE FOR PRELIMINARY APPROVAL OF PLANNED URBAN DEVELOPMENTS: The approval of a planned urban development shall be by the Hearing Examiner, upon recom- mendation from the City Staff, and shall be pro- cessed in accordance with the following procedures: 1. Permit Process: Planned urban devel- opments shall be processed consistent with chapter 4-8 RMC as Type II or III permits as specified. 4-9-150F 9 - 44.1 (Revised 9/15) 2. Filing of Application: The application for preliminary approval of a planned urban development shall be filed with the Depart- ment of Community and Economic Develop- ment accompanied by a filing fee as established by RMC 4-1-170, Land Use Re- view Fees. Wherever a planned urban devel- (Revised 9/15)9 - 44.2 This page left intentionally blank. 4-9-150F 9 - 45 (Revised 3/13) opment is intended to be subdivided into smaller parcels, an application for preliminary plat approval may be submitted together with the application for final planned urban devel- opment approval. In such case, the prelimi- nary plat and the final planned urban development shall be processed and re- viewed concurrently. Subsequent to final planned urban development approval, a planned urban development may also be subdivided by the binding site plan process. 3. Informal Review: Applicant must submit a conceptual plan for preapplication review, prior to submission of an application for pre- liminary approval. 4. Submittal Requirements and Applica- tion Fees: A preliminary development plan shall be submitted to the Department of Com- munity and Economic Development and shall include the general intent of the develop- ment, apportionment of land for buildings and land use, proposed phases, if any, and such other information or documentation which the Department of Community and Economic Development shall require. Submittal require- ments and fees shall be as listed in RMC 4-1-170, Land Use Review Fees, and RMC 4-8-120C, Land Use Applications. 5. Public Notice and Comment Period: See RMC 4-8-090, Public Notice Require- ments. 6. Phasing: Planned urban developments may be proposed to be developed in one or more phases. If developed in phases, each phase of the planned urban development shall contain adequate parking, open space, recreation space, public benefits, landscap- ing, buffering, circulation, utilities and other improvements necessary so that each phase, together with any earlier phases, may stand alone and satisfy the purposes of this Sec- tion. Further, each phase must meet the re- quirements of subsection D2 of this Section, Public Benefit Required, unless the public benefits have been met by previously ap- proved phases. 7. Review Process: The preliminary plan shall be circulated to all reviewing depart- ments for comments. The Department of Community and Economic Development shall evaluate whether the plans comply with the development policies of the Renton Com- prehensive Plan and this Section and shall make a recommendation to the Hearing Ex- aminer accordingly. 8. Decision: a. Preliminary Planned Urban Devel- opment – New Development: After pub- lic hearing, the Hearing Examiner shall approve, approve with conditions, or deny the preliminary plan. The prelimi- nary plan shall contain an accurate de- scription of the boundaries, land uses and number of units of the planned urban development, and any phases thereof, as well as the effective date of approval and the date of expiration of such approval. b. Preliminary Planned Urban Devel- opment – Existing Development with Binding Site Plan: After public hearing, the Hearing Examiner shall approve, ap- prove with conditions, or deny the prelim- inary plan. The preliminary plan shall contain an accurate description of the boundaries, land uses and number of units of the planned urban development, and any phases thereof, as well as the ef- fective date of approval and the date of expiration of such approval, on its face prior to recording with King County. 9. Effect of an Approved Preliminary Plan: The approval of a preliminary plan con- stitutes the City’s acceptance of the general project, including its density, intensity, ar- rangement and design. Approval authorizes the applicant or subsequent owner to apply for final plan approval of the planned urban development or phase(s) thereof. Preliminary plan approval does not authorize any building permits or any site work without appropriate permits. An approved preliminary plan binds the future planned urban development site and all subsequent owners to the uses, den- sities, and standards of the preliminary plan until such time as a final plan is approved for the entire site or all phases of the site, or a new preliminary plan is approved, or the pre- liminary plan is abandoned in writing or ex- pires subject to the provisions of subsections G and K of this Section. 4-9-150G (Revised 3/13)9 - 46 10. Zoning Map Revised: a. New Planned Urban Development Approval: Upon approval of a prelimi- nary planned urban development, the City shall place the planned urban devel- opment land use file number as an over- lay on the subject property on the City of Renton Zoning Map. (Ord. 5571, 11-15-2010) b. Demonstration Ordinances: Ordi- nances 4468 and 4550, which created demonstration developments known as Village on Union and certain divisions of the Orchards, are hereby considered fi- nal planned urban developments for the purposes of code implementation. (Ord. 5153, 9-26-2005; Ord. 5519, 12-14-2009) G. FINAL PLAN REVIEW PROCEDURES: 1. Time Limits: a. Preliminary Approval of Planned Urban Development Not Associated with a Subdivision: The developer shall, within two (2) years of the effective date of action by the Hearing Examiner to approve the preliminary plan, submit to the Department of Community and Eco- nomic Development a final development plan showing the ultimate design and specific details of the proposed planned urban development or the final phase or phases thereof. Upon application, the Hearing Examiner may grant an extension of the approved preliminary plan for a maximum of twelve (12) months. Application for such exten- sion shall be made at least thirty (30) days prior to the expiration date of prelim- inary plan approval. Only one such ex- tension may be granted for a planned urban development. b. Preliminary Approval of a Planned Urban Development with Concurrent Preliminary Subdivision: The applicant shall submit the final development plan within five (5) years of the effective date of action by the Hearing Examiner to ap- prove the preliminary plan. If approval of the preliminary subdivision is legally ex- tended, the preliminary plan approval shall also be extended. c. Expiration of Preliminary Ap- proval: If a final development plan is not filed within the identified time limits or within the extended time period, if any, the planned urban development prelimi- nary plan shall be deemed to have ex- pired or been abandoned. Once a planned urban development preliminary plat has been deemed to have expired or been abandoned, a new application is re- quired to proceed, and the development standards existing at the time of the new application shall apply. (Ord. 5519, 12-14-2009; Ord. 5571, 11-15-2010; Ord. 5676, 12-3-2012) 2. Submittal Requirements and Fees for Final Plan Application: A final plan applica- tion shall be submitted for a planned urban development, or a phase thereof, to the De- partment of Community and Economic De- velopment. The proposed final plan shall be in substantial conformance with the approved preliminary plans, including phasing, subject to the provisions of subsections G4 and G5 of this Section. Submittal requirements shall be as listed in RMC 4-8-120C, Land Use Appli- cations. Application fees shall be as listed in RMC 4-1-170, Land Use Review Fees. (Ord. 5519, 12-14-2009) 3. Public Notice: Public notice shall be provided in the manner prescribed for prelim- inary plans. 4. Minor Modifications: As part of the ap- proval of a final plan, the City may require or approve a minor deviation from the prelimi- nary plan if: a. The change is necessary because of natural features of the subject property not foreseen by the applicant or the City prior to the approval of the preliminary development plan; or b. The change will not have the effect of significantly reducing any area of land- scaping, open space, natural area or parking; or c. The change will not have the effect of increasing the density or significantly in- 4-9-150G 9 - 47 (Revised 3/13) creasing the total amount of floor area of the planned urban development; or d. The change will not result in any structure, circulation or parking area be- ing moved significantly in any direction; or e. The change will not reduce any set- back approved as part of the preliminary plan by more than ten percent (10%) and the required minimum setback is met; or f. The change will not result in a signifi- cant increase in the height of any struc- ture as approved in the preliminary plan; or g. The change will not increase or cre- ate any adverse impacts or undesirable effects on the surrounding neighborhood. 5. Major Modifications: Major modifica- tions are those which substantially change the basic design, density, circulation, or open space requirements of the planned urban de- velopment. Major modifications to a prelimi- nary plan planned urban development shall be processed as a new preliminary plan. 6. Review and Approval of Final Plan: The final plan shall be reviewed by the appli- cable City departments, in the manner pre- scribed for preliminary plans, to determine if the final plan is in substantial conformance with the approved preliminary plan and is consistent with the purposes and review cri- teria of this Section. The Community and Economic Development Administrator shall make a decision to approve, approve with conditions or deny the final plan. The decision shall include a description of the elements of the approved planned urban development, including land uses, number of units, phas- ing, the effective date of approval and of ex- piration, time limits, required improvements and the schedule for implementation, and any conditions that may apply to the planned ur- ban development. (Ord. 5676, 12-3-2012) a. Covenants Required: i. Covenants Generally: As a con- dition of final planned urban develop- ment approval, covenants shall be executed that run with the land, and with all subdivided portions thereof, stating that such property is part of an approved planned urban develop- ment, and including the file number thereof and a description of the uses, densities and phases of the ap- proved planned urban development. Such covenant shall also be re- corded for each property created through any subsequent subdivi- sions. ii. Specifications of Variations: All final planned urban developments shall include specifications that are recorded with the planned urban de- velopment indicating which lots or structures vary from which specific zoning requirement. Covenants shall indicate that such lots or structures shall meet the standard created with the approval of the planned urban development or the current zone in effect at the time of subsequent land use, building or construction permits. b. Property Owners’ Association Re- quired: For residential planned urban developments, the developer or owner(s) of a planned urban development shall be required to form a legally incorporated property owners’ association prior to the occupancy of any portion of a planned ur- ban development. If there is only one owner of the planned urban develop- ment, either a property owners’ associa- tion shall be formed or a covenant running with the land shall be filed requir- ing the formation of such an association prior to the first subsequent sale of the property, or portion thereof. For nonresi- dential planned urban developments, the City may establish covenants as neces- sary to ensure maintenance of infrastruc- ture and open space or other common improvements. (Ord. 5519, 12-14-2009; Ord. 5676, 12-3-2012) 7. Effect of an Approved Final Plan: a. Standards Superimposed: The fi- nal approval of a planned urban develop- ment, under the procedures detailed in this Section, shall superimpose the re- quirements of that specific approved planned urban development on the un- 4-9-150H (Revised 3/13)9 - 48 derlying zone regulations as an excep- tion thereto, to the extent that the requirements of the planned urban devel- opment modifies or supersedes the regu- lations of the underlying zone. Final plan approval shall be binding upon property or the respective phase(s) with regards to density, intensity, open space, uses, and other standards until such time as a new final planned urban development is ap- proved or the final plan expires or is abandoned subject to subsection K of this Section. b. Construction Authorized: Ap- proval of a final planned urban develop- ment is authorization to apply for building permits to construct the planned urban development. 8. Time Limits: a. Expiration: The applicant shall pre- pare and submit building permit applica- tions which are accepted as substantially complete to the Department of Commu- nity and Economic Development within six (6) months of the effective date of ap- proval. The developer shall complete the approved planned urban development or any phase thereof included in the ap- proved final plan within two (2) years from the date of the decision to approve the final plan by the Community and Eco- nomic Development Administrator, un- less a shorter time is designated. Failure to complete the planned urban develop- ment, or any phase thereof, within this time limit will require the submittal of a new preliminary and final plan application in order to continue construction of the planned urban development. Failure to submit a new application or to complete the planned urban development once construction has begun shall constitute abandonment of the planned urban de- velopment subject to subsection K of this Section. Expiration of any building permit issued for a planned urban development shall be governed by the provisions of the applicable Building Code. Construction of any portion of the planned urban devel- opment requires a current approved planned urban development and a cur- rent building permit. (Ord. 5519, 12-14-2009; Ord. 5676, 12-3-2012) b. Remaining Preliminary Phases with Completion of One Phase: Ap- proval of a final plan for any phase of the approved preliminary plan shall consti- tute an extension for two (2) years of the remainder of the preliminary plan from the effective date of Hearing Examiner action on the final plan. (Ord. 5153, 9-26-2005) H. MERGER OF APPLICATIONS OR REVIEW STAGES: 1. Merger of Review Stages: The appli- cant may request that review and decision on the preliminary plan and final plan be merged in one decision. The merged decision shall follow the procedural steps required of a pre- liminary plan. However, the applicant shall submit all plans and information in the detail required for a final plan and shall comply with all other requirements and standards for a fi- nal plan. 2. Merger with Other Applications: A pre- liminary planned urban development may be considered simultaneously with any other land use permit required for a proposal, in- cluding but not limited to: preliminary plats, short plats, binding site plans, critical area modifications or variances, shoreline sub- stantial developments permits, shoreline vari- ances, shoreline conditional use permits, grading regulation modifications or vari- ances, or other applications. Where merged, the review criteria for all of the applications shall be considered simultaneously with the planned urban development criteria in sub- section C of this Section. Where there are conflicts with review criteria, the criteria of subsection C of this Section shall govern. Where merged, all permits shall be consid- ered simultaneously as part of the planned urban development. The review authority shall be determined consistent with RMC 4-8-080C2, Review Authority for Multiple Per- mit Applications. (Ord. 5153, 9-26-2005) I. APPEALS OF COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATOR’S DECISION ON A FINAL PLANNED URBAN DEVELOPMENT: The Community and Economic Development Ad- ministrator’s decision on a final planned urban de- 4-9-150K 9 - 49 (Revised 3/13) velopment may be appealed to the Hearing Examiner pursuant to RMC 4-8-110. If the Hear- ing Examiner acts on appeal to approve a final planned urban development, the decision will in- clude an effective date of approval consistent with subsections G and K of this Section. (Ord. 5153, 9-26-2005; Ord. 5519, 12-14-2009; Ord. 5676, 12-3-2012) J. BUILDING AND OCCUPANCY PERMITS: 1. Conformance with Final Plan Re- quired: Building permits shall be issued for construction in planned urban developments only in accordance with the approved final plan. 2. Minor Adjustments to Final Plan: a. Minor Adjustments Prior to Build- ing Permits: Minor adjustments to the fi- nal plan which involve only insignificant revisions to the exact location and config- uration of buildings, roadways, open space or other features and do not in- volve any changes in density, relative density within the site, intensity, architec- tural style, housing type or other signifi- cant characteristics of the planned urban development may be approved by the Development Services Division when is- suing building permits. Adjustments that are determined by the Development Ser- vices Division to not be minor adjust- ments shall require the submittal of a new final plan or preliminary plan application, according to subsections G4 and G5 of this Section, Modifications. b. Minor Variations to Development following Final Planned Urban Devel- opment: Property owners of units or im- provements may apply for subsequent land use, building, and construction per- mits. Such permits may be approved sub- ject to City requirements; provided, that the proposals meet the standard created with the approval of the planned urban development or the current zone in effect at the time of the application. Common areas shall be maintained consistent with the approved planned urban develop- ment. Replacement of paving or land- scaping to equivalent types is allowed subject to City authorization that the ac- tivities are consistent with the planned ur- ban development approval and any applicable City codes. 3. Occupancy Permit Issuance Proce- dure: Occupancy permits shall be granted consistent with the requirements in RMC Title 4. Conditions of approval shall be based upon actions to be achieved prior to issuance of construction permits or building permits. De- ferrals of improvements shall be determined by the Community and Economic Develop- ment Administrator pursuant to RMC 4-9-060. (Ord. 5450, 3-2-2009) 4. Occupation of Structures: Any finished structures, short of full implementation of an approved final plan for a planned urban de- velopment or those phases thereof, may be occupied upon the issuance of a conditional use permit by the Hearing Examiner together with such conditions, covenants or other terms in order to assure compliance with the requirements of this Section, Development Standards, and/or any other applicable provi- sion of this Section and the City’s zoning reg- ulations. (Ord. 5153, 9-26-2005) K. EXPIRATION OR ABANDONMENT OF A PLANNED URBAN DEVELOPMENT: 1. Expiration: Expiration of an approved preliminary plan shall be defined as failure to satisfy the time limits or other requirements of submitting a final plan application. Expiration of an approved final plan planned urban de- velopment shall be defined as failure to ini- tiate construction of a planned urban development. Expiration can only occur if no on-site construction has begun or a lack of significant progress under those building per- mits has occurred. Upon expiration of a pre- liminary or final plan, the undeveloped site may only be developed if a new preliminary and final plan planned urban development is approved or if the Hearing Examiner removes the planned urban development designation and revokes the original approval. (Ord. 5519, 12-14-2009) 2. Abandonment: “Abandonment of a pre- liminary and/or final plan” for the purpose of this Section shall mean the failure and ne- glect of the developer to meet the require- ments of subsection G8 of this Section, or to diligently pursue the project and the improve- 4-9-150L (Revised 3/13)9 - 50 ments incidental thereto for a period of six (6) months, after beginning or completing con- struction of any of the residential units, utili- ties, streets or other improvements of any phase of a planned urban development. Abandonment shall also occur when the ap- plicant has provided a written statement indi- cating that he/she is abandoning the preliminary and/or final plan. 3. Resuming Development of an Aban- doned Planned Urban Development Site: In order to resume development of an aban- doned planned urban development site, a new final plan application shall be submitted for any partially completed phase of the planned urban development and a new pre- liminary plan application shall be submitted for all remaining portions of the site. In any case, all subsequent preliminary or final plans shall adhere to the Renton City Code provisions in force at the time of resubmission including open space, dwelling unit density and setback requirements. No building per- mits shall be issued, renewed or extended until such new preliminary or final plans are approved. (Ord. 5153, 9-26-2005) L. VIOLATIONS OF THIS CHAPTER AND PENALTIES: Unless otherwise specified, violations of this Sec- tion are misdemeanors subject to RMC 1-3-1. (Ord. 4351, 5-4-1992; Ord. 5153, 9-26-2005; Ord. 5159, 10-17-2005; Ord. 5519, 12-14-2009) 4-9-160 PUBLIC ART EXEMPTION PROCEDURE: A. PURPOSE: (Reserved) B. APPLICABILITY: “Objects of art” for the purposes of this Section shall include, but not be limited to, sculptures, wall paintings, murals, collages or banners by art- ists recognized by the Renton Municipal Arts Commission and when consistent with guide- lines, if any, established by the Renton Municipal Arts Commission. (Ord. 4401, 5-3-1993) C. CRITERIA FOR EXEMPTIONS FROM SIGN CODE REQUIREMENTS: Objects of art are exempt from the requirements of the City’s Sign Code when: 1. Sited in a manner as to be readily acces- sible to pedestrians for passive viewing; 2. Sited in a manner so as not to unduly di- vert the attention of motorists from the road- way; 3. Stationary and do not revolve or other- wise move; 4. Not illuminated; 5. In good taste and reasonably reflect ac- ceptable community values; 6. Of sufficient durability so as to have a life expectancy of at least ten (10) years; 7. Not used or referred to in the media or by the owners of the premises or operators of businesses contained thereon for business advertising purposes. D. EXEMPTION CERTIFICATE REQUIRED FOR PUBLIC ART: Before a proposed object of art may be exempted from the City’s Sign Code, the property owner or his/her representative shall apply for and be granted a public art exemption certificate by the City. Placement of objects of art exempted from the Sign Code must comply with the other provi- sions of the City’s Zoning and Building Codes. E. EXEMPTION APPLICATION PROCEDURE: Applicants must submit an application with the appropriate filing fees according to the City’s es- tablished fee schedule to the Department of Com- munity and Economic Development. The application shall include five (5) sets of photo- graphs, scaled drawings, and/or three (3) dimen- sional depictions of the proposed objects/ surfaces to be exempted, a biographical sketch of the artist, and appropriate site plans and wall ele- vations depicting the location of the objects of art. (Ord. 5676, 12-3-2012) F. STAFF REVIEW OF EXEMPTION REQUESTS: If the Community and Economic Development Administrator determines that there is no issue as to the artistic merit of the proposed object, then the applicant shall be issued a public art exemp- tion certificate. Appeals from administrative deci- sions may be filed as referenced in RMC 4-8-110, 4-9-170A 9 - 51 (Revised 3/13) Appeals. (Ord. 4401, 5-3-1993; Amd. Ord. 4720, 5-4-1998; Ord. 5676, 12-3-2012) G. SPECIAL ARTS COMMISSION REVIEW OF EXEMPTION REQUESTS: If the Community and Economic Development Administrator determines that there is an issue as to the artistic merit of the object, then upon receipt of a completed application the Department of Community and Economic Development shall for- ward the application to the Renton Municipal Arts Commission for review and recommendation and shall notify the applicant of the date the applica- tion was transferred to the Commission. 1. Commission Review and Recommen- dations: The Renton Municipal Arts Com- mission, following adopted procedures, shall review and transmit to the Department of Community and Economic Development a recommendation on the application not later than forty five (45) days from the date of ac- ceptance of a complete application, in accor- dance with the following procedures. 2. Renton Municipal Arts Commission Role Regarding Public Art Exemption Cer- tificate: The role of the Commission shall be to: (1) recommend whether proposed objects of art reasonably reflect acceptable commu- nity values; (2) recommend whether the pro- posed siting location, size/scale, etc., are appropriate for public display; (3) recommend whether adequate provisions have been made for public access and passive viewing of the objects of art; and (4) to determine whether the objects of art are consistent with the Commission’s established guidelines and are by a recognized artist. 3. Determination of Artist Recognition: In determining that an artist is recognized, the Renton Municipal Arts Commission shall es- tablish a panel, consisting of three (3) Renton Municipal Arts Commissioners and two (2) artists or instructors who are actively en- gaged in the medium used to create the pro- posed object of art for which exemption has been applied, which shall determine whether or not said proposed object of art meets or exceeds the standards generally accepted for that medium, and whether or not media and technique show competency and quality of workmanship. 4. Fee: A separate fee, up to a maximum of three hundred dollars ($300.00), will be charged to the applicant for the costs associ- ated with the Renton Municipal Arts Commis- sion’s selection of the peer review panel. This fee will be determined by the Renton Munici- pal Arts Commission. (Ord. 5676, 12-3-2012) H. FINAL AUTHORITY: After reviewing the recommendation of the Renton Municipal Arts Commission, the Commu- nity and Economic Development Administrator shall make a determination as to whether a public art exemption certificate shall be issued. (Ord. 5676, 12-3-2012) I. APPEAL: If, after reviewing the recommendation of the Renton Municipal Arts Commission, the Commu- nity and Economic Development Administrator determines that the public art exemption is de- nied, the applicant may appeal that determination to the Hearing Examiner pursuant to RMC 4-8-110, Appeals. 1. Standing and Authority for Hearing Appeal: If, after reviewing the recommenda- tion of the Renton Municipal Arts Commis- sion, the Community and Economic Development Administrator determines that the public art exemption is denied, the appli- cant may appeal that determination to the Hearing Examiner. The decision from which the appeal is taken will be an administrative decision for purposes of appeal. 2. Transmittal of File and Staff Report to Examiner: On appeal, the Department of Community and Economic Development shall submit the official file, including one set of the application materials together with the recommendation of the Renton Municipal Arts Commission and a staff report, to the Hearing Examiner at least ten (10) days prior to the Hearing Examiner’s scheduled public hearing on this item. (Ord. 4401, 5-3-1993; Ord. 5676, 12-3-2012) 4-9-170 RAILROAD AND UTILITY LINE CONSTRUCTION PERMIT: A. PURPOSE: (Reserved) 4-9-170B (Revised 3/13)9 - 52 B. APPLICABILITY: No person or corporation shall build or construct any railroad of any kind or any street railway, tele- graph line, telephone line, electric light line, gas main or underground conduit for use of any public utility company in any street, avenue or alley of the City without first obtaining a permit therefor from the Council and no person shall make any excavation of any kind or deposit any material or thing in any street, avenue or alley of this City for the purpose or with the intention of building, con- structing or extending any such street railway, telegraph line, telephone line, electric light line, gas main or underground conduit for use of any public utility company without first obtaining such permit from the Council. (Ord. 1065, 9-5-1939) C. NO PERMIT FOR ORDINARY REPAIR: It shall be no defense of any prosecution or pro- ceeding under this Chapter that a franchise to build or construct any such street railway, tele- graph line, telephone line, electric light line, gas main or underground conduit for use of any public utility company that has been granted by any law of this City, but this Chapter shall not be so con- strued as to require a permit for the construction of ordinary repairs to any such structure where such repairs are made in good faith and not for the purpose of construction of such structure. D. DECISION CRITERIA: If the person applying to the Council for any such permit shall have a valid and existing franchise or permission for the structure desired under any valid law of the City, the Council may grant such permit provided that said Council shall defer or temporarily refuse the granting thereof until such time as it deems proper or in its discretion in all cases where the street, avenue or alley in or on which the work desired to be done is occupied or about to be occupied in any work by the City in im- proving or repairing such street, avenue, alley or public place, or in repairing other property of the City, or in cases where such street, avenue, alley or public place is occupied or about to be occu- pied by any other persons having the right to use the same in such manner as to render it inconve- nient to the public to permit any further obstruc- tion thereof at said time, and provided, further, that a sufficient portion of such street, avenue, al- ley or public place shall, as far as possible, be open for public use for the purposes of traffic, and in all cases, any work of the City or its contractors or employees shall have precedence over all other work of any kind. E. VIOLATION OF THIS CHAPTER AND PENALTIES: 1. Construction without Permit Consid- ered Public Nuisance: All street railways, telegraph lines, telephone lines, electric light lines, gas mains or underground conduits for use of any public utility company and all rails, ties, planks, posts, wires or other structures, apparatus or material built, constructed or placed in any street, avenue or alley of the City without a permit having first been issued therefor in compliance with the provisions of this Chapter shall constitute a public nuisance and shall be abated in the manner provided by the City law of the City. Unless otherwise specified, violations of this Section are misde- meanors subject to RMC 1-3-1. (Ord. 1065, 9-5-1939; Ord. 5159, 10-17-2005) 4-9-180 REZONE PROCESS: A. PURPOSE: The purpose of this Section is to describe the pro- cedure for processing applications for rezones in the City of Renton. This Section addresses both rezones requiring a Comprehensive Plan Amend- ment and rezones that do not require a Compre- hensive Plan Amendment. B. WHO MAY APPLY: An application for a rezone of property may be made by the property owner, or somebody autho- rized on the owner’s behalf, on forms provided by and filed with the Department of Community and Economic Development. C. AUTHORITY FOR REZONES REQUIRING A PLAN AMENDMENT: In accordance with RCW 35.63.110 the Planning Commission has the authority to recommend zoning to the legislative body requiring a Compre- hensive Plan Amendment after conducting a pub- lic hearing thereon. D. AUTHORITY FOR REZONES NOT REQUIRING PLAN AMENDMENT: Rezone requests not requiring an amendment to the Comprehensive Plan shall be reviewed in an open public hearing held before the Hearing Ex- aminer under the procedures and rules of the Hearing Examiner, as authorized by RCW 35.63.130. The applicant will have the burden and duty of applying for and pursuing the rezone. 4-9-190B 9 - 52.1 (Revised 5/18) E. SUBMITTAL REQUIREMENTS AND FEES: Submittal requirements and fees shall be as specified in RMC 4-1-170, Land Use Review Fees, and 4-8-120C, Land Use Applications. F. DECISION CRITERIA FOR CHANGE OF ZONE CLASSIFICATION: 1. Criteria for Rezones Requiring a Com- prehensive Plan Amendment: An applica- tion for a rezone of one or more properties shall require a Comprehensive Plan Amend- ment if the proposed zone is not implemented by the underlying Comprehensive Plan land use designation, and shall therefore be sub- ject to the processes and review criteria for Comprehensive Plan Amendments, in addi- tion to this Section. 2. Criteria for Rezones Not Requiring Comprehensive Plan Amendment: The City may deny a rezone if the following crite- ria are not met. The City may approve or ap- prove with conditions an application for a rezone if: a. The rezone has merit and value for the community, and will not adversely af- fect public health, safety, and welfare; b. The rezone will not be materially det- rimental to the uses or properties located in the immediate vicinity thereof; c. Since the original zoning or most re- cent rezone of the subject property, con- ditions affecting the subject property have substantially changed as a result of, but not limited to, public improvements or permitted private development; d. The property subject to rezone was not specifically considered for a rezone at the time of the last area land use analysis and area zoning; e. The characteristics of development upon the land subject to the rezone appli- cation are compatible with the purpose and intent of the proposed zone as well as the zone-specific policy of the pro- posed zone, as provided by the Compre- hensive Plan; and f. The rezone does not conflict with the governing Community Plan, if one was adopted for the Community Planning Area in which the property subject to the rezone is located. (Ord. 5676, 12-3-2012; Ord. 5853, 8-7-17) G. TIME LIMITATIONS FOR REZONE APPLICATION RESUBMISSION: A petition for a change of zoning classification, seeking the same or substantially same relief as a prior petition, cannot be re-filed or resubmitted within a period of twelve (12) months from the date of final disapproval or rejection of such prior petition. (Ord. 3454, 7-28-1980; Ord. 3463, 8-11-1980; Ord. 3592, 12-14-1981; Ord. 3976, 3-3-1986; Ord. 4437, 2-21-1994; Ord. 4794, 9-20-1999; Ord. 5355, 2-25-2008; Ord. 5516, 12-14-2009) 4-9-190 SHORELINE PERMITS: A. PURPOSE: The purpose of this Section is to ensure consis- tency with the State Shoreline Management Act and with the City’s Shoreline Master Program. B. SHORELINE DEVELOPMENT APPROVAL: 1. Development Compliance: All uses and developments within the jurisdiction of the Shoreline Management Act (hereinafter the “Act”) shall be planned and carried out in a manner that is consistent with the Shoreline Master Program and the policy of the Act as required by RCW 90.58.140(1), regardless of whether a shoreline permit, statement of ex- emption, shoreline variance, or shoreline conditional use permit is required. The Ad- ministrator of the Department of Community and Economic Development or designee shall assure compliance with the provisions of the Shoreline Master Program for all per- mits and approvals processed by the City. 2. Shoreline Overlay: Shoreline regula- tions shall apply as an overlay and in addition to development regulations, including but not limited to zoning, environmental regulations, development standards, subdivision regula- tions, and other regulations established by the City. 4-9-190B (Revised 5/18)9 - 52.2 a. Allowed uses shall be limited by the general polices and specific regulations regarding use preferences for water-de- pendent and water-oriented uses. Al- lowed uses may be specified and limited in specific shoreline permits. In the case of nonconforming development, the use provisions of this code shall be applied to any change of use, including occupancy permits. b. In the event of any conflict between shoreline policies and regulations and any other regulations of the City, shore- line policies and regulations shall prevail unless other regulations provide greater protection of the shoreline natural envi- ronment and aquatic habitat. c. All regulations applied within the shoreline shall be liberally construed to give full effect to the objectives and pur- poses for which they have been enacted. Shoreline Master Program policies, found in the City’s Comprehensive Plan, establish intent for the shoreline regula- tions in addition to chapter 90.58 RCW and chapters 173-26 and 173-27 WAC. 3. Substantial Development Permit: A substantial development permit shall be re- quired for all proposed use and development of shorelines unless the proposal is specifi- cally exempt pursuant to RCW 90.58.140(1). An exemption from obtaining a shoreline sub- stantial development permit is not an exemp- tion from compliance with the Act, the Shoreline Master Program, or from any other regulatory requirements. a. Exemptions shall be construed nar- rowly. Only those developments that meet the precise terms of one or more of the listed exemptions may be granted ex- emptions from the substantial develop- ment permit process. b. The burden of proof that a develop- ment or use is exempt is on the applicant/ proponent of the exempt development action. c. If any part of a proposed develop- ment is not eligible for exemption, then a substantial development permit is re- quired for the entire project. 4. Shoreline Conditional Use Permit: A development or use that is listed as a shore- line conditional use pursuant to the Shoreline Master Program or is an unlisted use must obtain a conditional use permit even if the de- velopment or use does not require a substan- tial development permit. 5. Shoreline Variance: When an activity or development is proposed that does not com- ply with the bulk, dimensional, and/or perfor- mance standards of the program, such development or use shall only be authorized by approval of a shoreline variance even if the development or use does not require a substantial development permit. 6. Land Division: In the case of land divi- sions, such as short subdivisions, long plats and planned unit developments, the Adminis- trator of the Department of Community and Economic Development or designee shall document compliance with bulk and dimen- sional standards as well as policies and reg- ulations of the Shoreline Master Program and attach appropriate conditions and/or mitigat- ing measures to such approvals to ensure the design, development activities and future use associated with such land division(s) are con- sistent with the Shoreline Master Program. 7. Approval Criteria: In order to be ap- proved, the Administrator of the Department of Community and Economic Development or designee must find that a proposal is consis- tent with the following criteria: a. All regulations of the Shoreline Mas- ter Program appropriate to the shoreline designation and the type of use or devel- opment proposed shall be met, except those bulk and dimensional standards that have been modified by approval of a shoreline variance. b. All policies of the Shoreline Master Program appropriate to the shoreline area designation and the type of use or development activity proposed shall be considered and substantial compliance demonstrated. A reasonable proposal that cannot fully conform to these policies may be permitted, provided it is demon- strated to the Administrator of the Depart- ment of Community and Economic Development or designee that the pro- 4-9-190B 9 - 52.3 (Revised 5/18) posal is clearly consistent with the overall goals, objectives and intent of the Shore- line Master Program. c. For projects located on Lake Wash- ington the criteria in RCW 90.58.020 re- garding shorelines of statewide significance and relevant policies and regulations of the Shoreline Master Pro- gram shall also be adhered to. 8. Written Findings Required: All permits or statements of exemption issued for devel- opment or use within shoreline jurisdiction shall include written findings prepared by the Administrator of the Department of Commu- nity and Economic Development or designee, including compliance with bulk and dimen- sional standards and policies and regulations of the Shoreline Master Program. The Admin- istrator of the Department of Community and Economic Development or designee may at- tach conditions to the approval of exempt de- velopments and/or uses as necessary to assure consistency of the project with the Act and the program. 9. Building Permit Compliance: For all development within shoreline jurisdiction, the Administrator of the Department of Commu- nity and Economic Development or designee shall not issue a building permit for such de- velopment until compliance with the Shore- line Master Program has been documented. If a shoreline substantial development permit is required, no permit shall be issued until all comment and appeal periods have expired. Any permit issued by the Administrator of the Department of Community and Economic (Revised 5/18)9 - 52.4 This page left intentionally blank. 4-9-190B 9 - 53 (Revised 12/11) Development or designee for such develop- ment shall be subject to the same terms and conditions that apply to the shoreline permit. 10. Restoration Project Relief: The City may grant relief from Shoreline Master Pro- gram development standards and use regu- lations when the following apply: a. A shoreline restoration project causes or would cause a landward shift in the OHWM, resulting in the following: i. Land that had not been regulated under this chapter prior to construc- tion of the restoration project is brought under shoreline jurisdiction; or ii. Additional regulatory require- ments apply due to a landward shift in required shoreline buffers or other regulations of the applicable Shore- line Master Program; and iii. Application of Shoreline Master Program regulations would preclude or interfere with use of the property permitted by local development regu- lations, thus presenting a hardship to the project proponent. b. The proposed relief meets all of the following criteria: i. The proposed relief is the mini- mum necessary to relieve the hard- ship; ii. After granting the proposed re- lief, there is net environmental bene- fit from the restoration project; iii. Granting the proposed relief is consistent with the objectives of the shoreline restoration project and consistent with the Shoreline Master Program; and iv. Where a shoreline restoration project is created as mitigation to ob- tain a development permit, the project proponent required to per- form the mitigation is not eligible for relief under this Section. c. The application for relief must be submitted to the Department of Ecology for written approval or disapproval. This review must occur during the depart- ment’s normal review of a shoreline sub- stantial development permit, conditional use permit, or variance. If no such permit is required, then the department shall conduct its review when the local govern- ment provides a copy of a complete ap- plication and all supporting information necessary to conduct the review. i. Except as otherwise provided in subsection B10d of this Section, the Department of Ecology shall provide at least twenty (20) days’ notice to parties that have indicated interest to the department in reviewing applica- tions for relief under this section, and post the notice on to their website. ii. The department shall act within thirty (30) calendar days of close of the public notice period, or within thirty (30) days of receipt of the pro- posal from the local government if additional public notice is not re- quired. d. The public notice requirements of subsection B10c of this Section do not apply if the relevant shoreline restoration project was included in a Shoreline Mas- ter Program or shoreline restoration plan as defined in WAC 173-26-201, as fol- lows: i. The restoration plan has been ap- proved by the department under ap- plicable Shoreline Master Program guidelines; and ii. The shoreline restoration project is specifically identified in the Shore- line Master Program or restoration plan or is located along a shoreline reach identified in the Shoreline Mas- ter Program or restoration plan as appropriate for granting relief from shoreline regulations; and iii. The Shoreline Master Program or restoration plan includes policies addressing the nature of the relief 4-9-190C (Revised 12/11)9 - 54 and why, when, and how it would be applied. C. EXEMPTIONS FROM PERMIT SYSTEM: The following shall not be considered substantial developments for the purpose of this Master Pro- gram and are exempt from obtaining a Shoreline Substantial Development Permit (SSDP). An ex- emption from an SSDP is not an exemption from compliance with the Act or the Shoreline Master Program, or from any other regulatory require- ments. 1. Governor’s Certification: Any project with a certification from the Governor pursu- ant to chapter 80.50 RCW. 2. Projects Valued at $5,000 or Less: Any development of which the total cost or fair market value does not exceed five thousand dollars ($5,000.00), if such development does not materially interfere with the normal public use of the water or shorelines of the State. 3. Maintenance and Repair: Normal main- tenance or repair of existing structures or de- velopments, including damage by accident, fire or elements. a. “Normal maintenance” includes those usual acts to prevent a decline, lapse, or cessation from a lawfully estab- lished condition. b. “Normal repair” means to restore a development to a state comparable to its original condition, including but not lim- ited to its size, shape, configuration, loca- tion and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to the shore- line resource or environment. c. Replacement of a structure or devel- opment may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including, but not limited to, its size, shape, configuration, location and exter- nal appearance and the replacement does not cause substantial adverse ef- fects to shoreline resources or environ- ment. 4. Emergency Construction: Emergency construction necessary to protect property from damage by the elements. a. An “emergency” is an unanticipated and imminent threat to public health, safety, or the environment which requires immediate action within a time too short to allow for full compliance with the Shoreline Master Program. b. Emergency construction does not in- clude development of new permanent protective structures where none previ- ously existed. Where new protective structures are deemed to be the appro- priate means to address the emergency situation, upon abatement of the emer- gency situation, the new structure shall be removed or any permit which would have been required, absent an emer- gency, pursuant to chapter 90.58 RCW, chapter 17-27 WAC or the Shoreline Master Program shall be obtained. c. All emergency construction shall be consistent with the policies of chapter 90.58 RCW and the Shoreline Master Program. d. In general, flooding or other seasonal events that can be anticipated and may occur but that are not imminent are not an emergency. 5. Agricultural Construction or Prac- tices: Construction and practices normal or necessary for farming, irrigation, and ranch- ing activities, including agricultural service roads and utilities on shorelands, and the construction and maintenance of irrigation structures, including, but not limited to, head gates, pumping facilities, and irrigation chan- nels. A feedlot of any size, all processing plants, other activities of a commercial na- ture, alteration of the contour of the shore- lands by leveling or filling, other than that which results from normal cultivation, shall not be considered normal or necessary farm- ing or ranching activities. A feedlot shall be an enclosure or facility used or capable of being used for feeding livestock hay, grain, silage, 4-9-190C 9 - 55 (Revised 12/11) or other livestock feed, but shall not include land for growing crops or vegetation for live- stock feeding and/or grazing, nor shall it in- clude normal livestock wintering operations. 6. Construction of Single Family Resi- dence and Accessory Buildings: Construc- tion on shorelands by an owner, lessee or contract purchaser of a single family resi- dence for his own use or for the use of his family, which residence does not exceed a height of thirty five feet (35') above average grade level as defined in WAC 173-27-030 and which meets all requirements of the State agency or local government having jurisdic- tion thereof, other than requirements im- posed pursuant to this Section. a. “Single family” residence means a detached dwelling designed for and occu- pied by one family including those struc- tures and developments within a contiguous ownership which are a normal appurtenance. An “appurtenance” is nec- essarily connected to the use and enjoy- ment of a single family residence and is located landward of the OHWM and the perimeter of a wetland. b. Construction authorized under this exemption shall be located landward of the OHWM. 7. Construction of Noncommercial Docks: Construction of a dock including a community dock designed for pleasure craft only, for the private noncommercial use of the owner, lessee, or contract purchaser of single and multi-family residences. a. This exception applies if the fair mar- ket value of the dock does not exceed ten thousand dollars ($10,000.00); however, if subsequent construction having a fair market value exceeding two thousand five hundred dollars ($2,500.00) occurs within five (5) years of completion of the prior construction, the subsequent con- struction shall be considered a substan- tial development permit; and b. A dock is a landing and moorage fa- cility for watercraft and does not include recreational decks, storage facilities or other appurtenances. 8. Construction Authorized by the Coast Guard: Construction or modification, by or under the authority of the Coast Guard or a designated port management authority, of navigational aids such as channel markers and anchor buoys. 9. Operation, Maintenance, or Construc- tion Related to Irrigation: Operation, main- tenance, or construction of canals, waterways, drains, reservoirs, or other facili- ties that now exist or are hereafter created or developed as part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored groundwater for the irrigation of lands. 10. Marking of Property Lines on State- Owned Lands: The marking of property lines or corners on State-owned lands when such marking does not interfere with the normal public use of the surface of the water. 11. Operation and Maintenance of Agri- cultural Drainage or Dikes: Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on Septem- ber 8, 1975, which were created, developed, or utilized primarily as a part of an agricultural drainage or diking system. 12. Activities Necessary for Permit Ap- plication: Site exploration and investigation activities that are prerequisites to preparation of an application for development authoriza- tion under the Shoreline Master Program, if: a. The activity does not interfere with the normal public use of the surface wa- ters. b. The activity will have no significant adverse impact on the environment in- cluding, but not limited to, fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values. c. The activity does not involve the in- stallation of a structure, and upon com- pletion of the activity the vegetation and land configuration of the site are restored to conditions existing before the activity. d. A private entity seeking development authorization under the Shoreline Master Program first posts a performance bond 4-9-190C (Revised 12/11)9 - 56 or provides other evidence of financial responsibility to the Planning Division to ensure that the site is restored to pre- existing conditions. e. The activity is not subject to the per- mit requirements of RCW 90.58.550. 13. Removal or Control of Aquatic Nox- ious Weeds: The process of removing or controlling an aquatic noxious weed, as de- fined in RCW 17.26.020, through the use of a herbicide or other treatment methods appli- cable to weed control that are recommended by a final environmental impact statement published by the Department of Agriculture or the Department of Ecology jointly with other State agencies under chapter 43.21C RCW. 14. Watershed Restoration Projects: Wa- tershed restoration projects as defined be- low: a. “Watershed restoration project” means a public or private project autho- rized by the sponsor of a watershed res- toration plan that implements the plan or a part of the plan and consists of one or more of the following activities: i. A project that involves less than ten (10) miles of streamreach, in which less than twenty five (25) cubic yards of sand, gravel, or soil is re- moved, imported, disturbed or dis- charged, and in which no existing vegetation is removed except as min- imally necessary to facilitate addi- tional plantings. ii. A project for the restoration of an eroded or unstable stream bank that employs the principles of bioengi- neering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water. iii. A project primarily designed to improve fish and wildlife habitat, re- move or reduce impediments to mi- gration of fish, or enhance the fishery resource available for use by all of the citizens of the State, provided that any structure, other than a bridge or culvert or in stream habitat enhancement structure associated with the project, is less than two hun- dred (200) square feet in floor area and is located above the OHWM of the stream. b. “Watershed restoration plan” means a plan, developed or sponsored by a State department, a federally recognized Indian Tribe, a city, a county or a conser- vation district, for which agency and pub- lic review has been conducted pursuant to chapter 43.21C RCW, the State Envi- ronmental Policy Act. The watershed res- toration plan generally contains a general program and implementation measures or actions for the preservation, restora- tion, re-creation, or enhancement of the natural resources, character, and ecol- ogy of a stream, stream segment, drain- age area, or watershed. 15. Projects to Improve Fish and Wildlife Passage or Habitat: A public or private project, the primary purpose of which is to im- prove fish or wildlife habitat or fish passage, when all of the following apply: a. The project has been approved in writing by the Department of Fish and Wildlife as necessary for the improve- ment of the habitat or passage and ap- propriately designed and sited to accomplish the intended purpose. b. The project has received hydraulic project approval by the Department of Fish and Wildlife pursuant to chapter 75.20 RCW. c. The Planning Division has deter- mined that the project is consistent with the Shoreline Master Program. 16. Hazardous Substance Remediation: Hazardous substance remedial actions pur- suant to WAC 173-27-040(3). 17. Projects on Lands Not Subject to Shoreline Jurisdiction Prior to Restora- tion: Actions on land that otherwise would not be under the jurisdiction of the Shoreline Management Act except for a change in the location of OHWM or other criteria due to a shoreline restoration project creating a land- 4-9-190E 9 - 57 (Revised 12/11) ward shift in the OHWM that brings the land under the jurisdiction of the Act. D. EXEMPTION CERTIFICATE PROCEDURES: 1. Application Required: Any person claiming exemption from the permit require- ments of the Shoreline Master Program as a result of the exemptions specified in this Sec- tion shall make application for a no-fee ex- emption certificate to the Planning Division in the manner prescribed by that division. 2. Consistency Required: Any develop- ment which occurs within the regulated shorelines of the State under Renton’s juris- diction, whether it requires a permit or not, must be consistent with the intent of the State law. 3. Conditions Authorized: The City may attach conditions to the approval of exempted developments and/or uses as necessary to assure consistency of the project with the Shoreline Management Act and the Shore- line Master Program. 4. Permit Required if Project Not Exempt in Part: If any part of a proposed develop- ment is not eligible for exemption, then a shoreline permit is required for the entire pro- posed development project. E. SHORELINE PERMIT APPLICATION PROCEDURES: 1. Information Prior to Submitting a Shoreline Substantial Development Per- mit Application: Prior to submitting an appli- cation for a shoreline permit or an exemption from a shoreline permit, the applicant should informally discuss a proposed development with the Planning Division. This will enable the applicant to become familiar with the re- quirements of the Shoreline Master Program, building and zoning procedures, and enforce- ment procedures. 2. Shoreline Substantial Development Permit Required: No shoreline development shall be undertaken on shorelines of the City without first obtaining a “substantial develop- ment permit” from the Planning Division. 3. Shoreline Substantial Development Permit Application Forms and Fees: Fees shall be as listed in RMC 4-1-170, Land Use Review Fees. Applications for such permits shall be made on forms and reviewed accord- ing to procedures prescribed by the Planning Division. Application forms may be revised from time to time by the Planning Division without prejudice to any existing applications. Such forms should be designed to provide such information as is necessary to deter- mine whether such a permit is justified. 4. Secondary Review by Independent Qualified Professionals: When appropriate due to the type of critical areas, habitat, or species present, or project area conditions, the Administrator of the Department of Com- munity and Economic Development or desig- nee may require the applicant to prepare or fund analyses or activities conducted by a third party or parties selected by the Adminis- trator of the Department of Community and Economic Development or designee and paid for by the applicant. Analyses and/or ac- tivities conducted under this subsection in- clude, but are not limited to: a. Evaluation by an independent quali- fied professional of the applicant’s analy- sis and the effectiveness of any proposed mitigating measures or programs, to in- clude any recommendations as appropri- ate; and b. A request for consultation with the Washington Department of Fish and Wildlife, Washington State Department of Ecology, or the local Native American In- dian Tribe or other appropriate agency; and/or c. Analysis of detailed surface and sub- surface hydrologic features both on and adjacent or abutting to the site. 5. Public Notice: Three (3) copies of a no- tice of development application shall be posted prominently on the property con- cerned and in conspicuous public places within three hundred feet (300') thereof. The notice of development application shall also be mailed to property owners within three hundred feet (300') of the boundaries of the subject property. The required contents of the notice of development application are de- 4-9-190F (Revised 12/11)9 - 58 tailed in RMC 4-8-090B, Public Notice Re- quirements. 6. Standard Public Comment Time: Each notice of development application shall in- clude a statement that persons desiring to present their views to the Planning Division with regard to said application may do so in writing to that division and persons interested in the Planning Division’s action on an appli- cation for a permit may submit their views in writing or notify the Planning Division in writ- ing of their interest within fourteen (14) days from the date of the notice of application. 7. Special Public Comment Time: Notice of development application for a substantial development permit regarding a limited utility extension as defined in RCW 90.58.140(11)(b) or for the construction of a bulkhead or other measures to protect a sin- gle family residence and its appurtenant structures from shoreline erosion shall in- clude a fourteen (14) day comment period. Such notification or submission of views to the Planning Division shall entitle those per- sons to a copy of the action taken on the ap- plication. 8. Review Guidelines: Unless exempted or authorized through the variance or condi- tional use permit provisions of the Shoreline Master Program, no substantial development permit and no other permit shall be granted unless the proposed development is consis- tent with the provisions of the Shoreline Mas- ter Program, the Shoreline Management Act of 1971, and the rules and regulations adopted by the Department of Ecology there- under. 9. Conditional Approval: Should the Ad- ministrator of the Department of Community and Economic Development or designee find that any application does not substantially comply with criteria imposed by the Shoreline Master Program and the Shoreline Manage- ment Act of 1971, he/she may deny such ap- plication or attach any terms or condition which he/she deems suitable and reasonable to effect the purpose and objective of the Shoreline Master Program. 10. Notification: It shall be the duty of the Planning Division to timely furnish copies of all applications and actions taken by said di- vision unto such other officials or depart- ments whose jurisdiction may extend to all or any part of the proposed development, in- cluding any State or Federal agencies and In- dian tribes. F. REVIEW CRITERIA: 1. General: The Planning Division shall re- view an application for a permit based on the following: a. The application. b. The environmental checklist or envi- ronmental impact statement, if one is re- quired. c. Written comments from interested persons. d. Information and comments from all affected City departments. e. Evidence presented at a public hear- ing. f. No authorization to undertake use or development on shorelines of the State shall be granted by the Administrator of the Department of Community and Eco- nomic Development or designee unless upon review the use or development is determined to be consistent with the pol- icy and provisions of the Shoreline Man- agement Act and the Shoreline Master Program. 2. Additional Information: The Planning Division may require an applicant to furnish information and data in addition to that con- tained or required in the application forms prescribed. Unless an adequate environmen- tal statement has previously been prepared for the proposed development by another agency, the City’s Environmental Review Committee shall cause to be prepared such a statement, prior to granting a permit, when the State Environmental Policy Act of 1971 would require such a statement. 3. Procedural Amendments: In addition to the criteria hereinabove set forth in this Sec- tion, the Department of Community and Eco- nomic Development may from time to time 4-9-190I 9 - 58.1 (Revised 12/11) promulgate additional procedures or criteria and such shall become effective, when re- duced to writing, and filed with the City Clerk and as approved by the City Council and the Department of Ecology. 4. Burden of Proof on Applicant: The bur- den of proving that the proposed substantial development is consistent with the criteria which must be met before a permit is granted shall be on the applicant. G. SURETY DEVICES: The Planning Division may require the applicant to post a surety device in favor of the City of Renton to assure full compliance with any terms and conditions imposed by said department on any shoreline permit. Said surety device shall be in an amount to reasonably assure the City that any deferred improvement will be carried out within the time stipulated and in accordance with RMC 4-1-230, Surety and Bonds. H. ADMINISTRATIVE APPEALS: The Department of Community and Economic Development shall have the final authority to in- terpret the Shoreline Master Program for the City of Renton. Where an application is denied or changed, per subsection E6 of this Section, an applicant may appeal the decision denying or changing a “substantial development permit” to the Shoreline Hearings Board for an open record appeal in accordance with RMC 4-8-110. See RMC 4-8-110H for appeal procedures to the Shoreline Hearings Board. I. VARIANCES AND CONDITIONAL USES: 1. Purpose: The power to grant variances and conditional use permits should be utilized in a manner which, while protecting the envi- ronment, will assure that a person will be able to utilize his property in a fair and equitable manner. 2. Authority: a. Conditional Use Permits: Condi- tional use permits shall be processed ei- ther by the Hearing Examiner or administratively in accordance with the provisions of RMC 4-2-060, Zoning Use Table; provided, that: i. Additional requirements for con- ditional use permits may be provided within shoreline jurisdiction in this Section and will prevail over the pro- visions of RMC 4-2-060. ii. If an administrative process is not specified, a conditional use per- mit shall be processed by the Hear- ing Examiner. iii. Proposed uses not specified in this Section or in RMC 4-2-060 and not prohibited may be allowed by Hearing Examiner conditional use permit. b. Variances: The Hearing Examiner shall have authority to grant conditional use permits and variances in the admin- istration of the Renton Master Program. c. State Department of Ecology Deci- sion: Both variances and conditional use permits are forwarded to the Department of Ecology and the Attorney General’s of- fice for approval or denial. d. Time Limit, Permit Validity, and Appeals: Conditional permits and vari- ances shall be deemed to be approved within thirty (30) calendar days from the date of receipt by the Department of Ecol- ogy and the Attorney General’s office un- less written communication is received by the applicant and the City indicating oth- erwise. i. Conditional use permits and vari- ances shall be filed with the State in accordance with RCW 90.58.140(6) and WAC 173-27-130. ii. Permit validity requirements of subsection J of this Section shall ap- ply to conditional use and variance permits. iii. Appeals of conditional use or variance permits shall be made in ac- cordance with RMC 4-8-110H. 3. Maintenance of Permitted Uses Al- lowed: It shall be recognized that a lawful use at the time the Shoreline Master Program is adopted is to be considered a permitted 4-9-190I (Revised 12/11)9 - 58.2 use, and maintenance and restoration shall not require a variance or a conditional use permit. 4. Variances: a. Purpose: Upon proper application, a substantial development permit may be granted which is at variance with the cri- teria established in the Shoreline Master Program where, owing to special condi- tions pertaining to the specific piece of property, the literal interpretation and strict application of the criteria estab- lished in the Shoreline Master Program would cause undue and unnecessary hardship or practical difficulties. b. Decision Criteria: The fact that the applicant might make a greater profit by using his property in a manner contrary to the intent of the Shoreline Master Pro- gram is not, by itself, sufficient reason for a variance. The Hearing Examiner must find each of the following: i. Exceptional or extraordinary cir- cumstances or conditions applying to the subject property, or to the in- tended use thereof, that do not apply generally to other properties on shorelines in the same vicinity. ii. The variance permit is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties on shorelines in the same vicinity. iii. The variance permit will not be materially detrimental to the public welfare or injurious to property on the shorelines in the same vicinity. iv. The variance granted will be in harmony with the general purpose and intent of the Shoreline Master Program. v. The public welfare and interest will be preserved; if more harm will be done to the area by granting the variance than would be done to the applicant by denying it, the variance shall be denied, but each property owner shall be entitled to the reason- able use and development of his lands as long as such use and devel- opment is in harmony with the gen- eral purpose and intent of the Shoreline Management Act of 1971, and the provisions of the Shoreline Master Program. vi. The proposal meets the vari- ance criteria in WAC 173-27-170. vii. Proposals that vary the size of the vegetation conservation buffer must provide for off-site mitigation in accordance with RMC 4-3-090F1k. 5. Conditional Use: a. Purpose: Upon proper application, and findings of compliance with condi- tional use permit criteria, a conditional use permit may be granted. The objective of a conditional use provision is to provide more control and flexibility for implement- ing the regulations of the Shoreline Mas- ter Program. With provisions to control undesirable effects, the scope of uses can be expanded to include many uses. b. Decision Criteria: Uses classified as conditional uses can be permitted only after consideration and by meeting such performance standards that make the use compatible with other permitted uses within that area. A conditional use permit may be granted subject to the Adminis- trator of the Department of Economic De- velopment or designee determining compliance with each of the following conditions: i. The use must be compatible with other permitted uses within that area. ii. The use will not interfere with the public use of public shorelines. iii. Design of the site will be compat- ible with the surroundings and the Shoreline Master Program. iv. The use shall be in harmony with the general purpose and intent of the Shoreline Master Program. 4-9-190J 9 - 58.3 (Revised 12/11) v. The use meets the conditional use criteria in WAC 173-27-160. J. TIME REQUIREMENTS FOR SHORELINE PERMITS: 1. Applicability: The time requirements of this Section shall apply to all substantial de- velopment permits and to any development authorized pursuant to a variance or condi- tional use permit authorized under the Shore- line Master Program. 2. Unspecified Time Limits: Where spe- cific provisions are not included to establish time limits on a permit as part of action on a permit by the City or the Department of Ecol- ogy, the time limits in subsections J6 and J8 of this Section apply. 3. Discretionary Time Limits for Shore- line Substantial Developments: If it is de- termined that standard time requirements of subsections J6 and J8 of this Section should not be applied, the Planning Division shall adopt appropriate time limits as a part of ac- tion on a substantial development permit upon a finding of good cause, based on the requirements and circumstances of the project proposed and consistent with the pol- icy and provisions of the Shoreline Master Program and RCW 90.58.143. 4. Discretionary Time Limits for Shore- line Conditional Uses or Shoreline Vari- ances: If it is determined that standard time requirements of subsections J6 and J8 of this Section should not be applied, the Hearing Examiner, upon a finding of good cause and with the approval of the Department of Ecol- ogy, shall establish appropriate time limits as a part of action on a conditional use or vari- ance permit. “Good cause” means that the time limits established are reasonably related to the time actually necessary to perform the development on the ground and complete the project that is being permitted. 5. Extension Requests: Requests for per- mit extension shall be made in accordance with subsections J6 and J8 of this Section. 6. Standard Period of Validity: Unless a different time period is specified in the shore- line permit as authorized by RCW 90.58.143 and subsection J2 or J3 of this Section, con- struction activities, or a use or activity, for which a permit has been granted pursuant to the Shoreline Master Program must be com- menced within two (2) years of the effective date of a shoreline permit, or the shoreline permit shall terminate, and a new permit shall be necessary. However, the Planning Divi- sion may authorize a single extension for a period not to exceed one year based on rea- sonable factors, if a request for extension has been filed with the Planning Division before the expiration date, and notice of the pro- posed extension is given to parties of record and the Department of Ecology. 7. Certification of Construction Com- mencement: Construction activities or com- mencement of construction referenced in subsection J6 of this Section means that con- struction applications must be submitted, per- mits must be issued, and foundation inspections must be completed before the end of the two (2) year period. 8. Time Allowed for Construction Com- pletion: A permit authorizing construction shall extend for a term of no more than five (5) years after the effective date of a shore- line permit, unless a longer period has been specified pursuant to RCW 90.58.143 and subsection J2 or J3 of this Section. If an ap- plicant files a request for an extension prior to expiration of the shoreline permit the Plan- ning Division shall review the permit and upon a showing of good cause may authorize a single extension of the shoreline permit for a period of up to one year. Otherwise said permit shall terminate. Notice of the proposed permit extension shall be given to parties of record and the Department of Ecology. To maintain the validity of a shoreline permit, it is the applicant’s responsibility to maintain valid construction permits in accordance with adopted building codes. 9. Effective Date of Filing: For purposes of determining the life of a shoreline permit, the effective date of a substantial develop- ment permit, shoreline conditional use per- mit, or shoreline variance permit shall be the date of filing as provided in RCW 90.58.140(6). The permit time periods in sub- sections J6 and J8 of this Section do not in- clude the time during which a use or activity was not actually pursued due to the pen- dency of administrative appeals or legal ac- 4-9-190K (Revised 12/11)9 - 58.4 tions, or due to the need to obtain any other government permits and approvals for the de- velopment that authorize the development to proceed, including all reasonably related ad- ministrative or legal actions on any such per- mits or approvals. 10. Notification to City of Other Permits and Legal Actions: It is the responsibility of the applicant to inform the Planning Division of the pendency of other permit applications filed with agencies other than the City, and of any related administrative or legal actions on any permit or approval. If no notice of the pendency of other permits or approvals is given to the Division prior to the expiration date established by the shoreline permit or the provisions of this Section, the expiration of a permit shall be based on the effective date of the shoreline permit. 11. Permit Processing Time: The City shall issue permits within applicable time lim- its specified by State law. Substantial devel- opment permits for a limited utility extension as defined in RCW 90.58.140(11)(b) or for the construction of a bulkhead or other measures to protect a single family residence and its ap- purtenant structures from shoreline erosion shall be issued within twenty one (21) days of the last day of the comment periods specified in subsections E6 and E7 of this Section. 12. Construction Not Authorized Until Proceedings Completed: No construction pursuant to such permit shall begin or be au- thorized and no building, grading or other construction permits or use permits shall be issued by the City until twenty one (21) days from the date the permit was filed with the De- partment of Ecology and the Attorney Gen- eral, or until all review proceedings are completed as were initiated within the twenty one (21) days of the date of filing. Filing shall occur in accordance with RCW 90.58.140(6) and WAC 173-27-130. 13. Special Allowance for Construction: If the granting of a shoreline permit by the City is appealed to the Shoreline Hearings Board, and the Shoreline Hearings Board has approved the granting of the permit, and an appeal for judicial review of the Shoreline Hearings Board decision is filed, construction authorization may occur subject to the condi- tions, time periods, and other provisions of RCW 90.58.140(5)(b). K. RULINGS TO STATE: Any ruling on an application for a substantial de- velopment permit under authority of the Shoreline Master Program, whether it is an approval or de- nial, shall, with the transmittal of the ruling to the applicant, be filed concurrently with the Depart- ment of Ecology and the Attorney General by the Planning Division. Filing shall occur in accordance with RCW 90.58.140(6) and WAC 173-27-130. L. TRANSFERABILITY OF PERMIT: If a parcel which has a valid shoreline permit is sold to another person or firm, such permit may be transferred to the new owner. M. ENFORCEMENT: All provisions of the Shoreline Master Program shall be enforced by the Planning Division. For such purposes, the Administrator of the Depart- ment of Community and Economic Development or his duly authorized representative shall have the power of a police officer. N. RESCISSION OF PERMITS: 1. Noncompliance with Permit: Any shoreline permit issued under the terms of the Shoreline Master Program may be rescinded or suspended by the Planning Division of the City upon a finding that a permittee has not complied with conditions of the permit. 2. Notice of Noncompliance: Such rescis- sion and/or modification of an issued permit shall be initiated by serving written notice of noncompliance on the permittee, which no- tice shall be sent by registered or certified mail, return receipt requested, to the address listed on the application or to such other ad- dress as the applicant or permittee may have advised the City; or such notice may be served on the applicant or permittee in per- son or his agent in the same manner as ser- vice of summons as provided by law. 3. Posting: In addition to such notice, the Planning Division shall cause to have notice posted in three (3) public places of which one posting shall be at or within the area de- scribed in the permit. 4-9-190Q 9 - 59 (Revised 8/17) 4. Public Hearing: Before any such permit can be rescinded, a public hearing shall be held by the Hearing Examiner. Notice of the public hearing shall be made in accordance with RMC 4-8-090D, Public Notice Require- ments. 5. Final Decision: The decision of the Hearing Examiner shall be the final decision of the City on all rescinded applications. A written decision shall be transmitted to the Department of Ecology, the Attorney Gen- eral’s office, the applicant, and such other de- partments or boards of the City as are affected thereby and the legislative body of the City. O. APPEALS: See RMC 4-8-110H. P. VIOLATIONS AND PENALTIES: 1. Prosecution: Every person violating any of the provisions of the Shoreline Master Pro- gram or the Shoreline Management Act of 1971 shall be punishable under conviction by a fine not exceeding one thousand dollars ($1,000.00), or by imprisonment not exceed- ing ninety (90) days, or by both such fine and imprisonment, and each day’s violation shall constitute a separate punishable offense. 2. Injunction: The City Attorney may bring such injunctive, declaratory or other actions as are necessary to ensure that no uses are made of the shorelines of the State within the City’s jurisdiction which are in conflict with the provisions and programs of the Shoreline Master Program or the Shoreline Manage- ment Act of 1971, and to otherwise enforce provisions of this Section and the Shoreline Management Act of 1971. 3. Violators Liable for Damages: Any per- son subject to the regulatory program of the Shoreline Master Program who violates any provision of the Shoreline Master Program or the provisions of a permit issued pursuant thereto shall be liable for all damages to pub- lic or private property arising from such viola- tion, including the cost of restoring the affected area to its condition prior to such vi- olation. The City Attorney may bring suit for damages under this subsection on behalf of the City. Private persons shall have the right to bring suit for damages under this subsec- tion on their own behalf and on behalf of all persons similarly situated. If liability has been established for the cost of restoring an area affected by violation, the Court shall make provision to assure that restoration will be ac- complished within a reasonable time at the expense of the violator. In addition to such re- lief, including monetary damages, the Court in its discretion may award attorney’s fees and costs of the suit to the prevailing party. Q. SHORELINE MORATORIUM: 1. The City Council may adopt moratoria or other interim official controls as necessary and appropriate to implement the provisions of the Shoreline Management Act. 2. Prior to adopting such moratorium or other interim official controls, the City Council shall: a. Hold a public hearing on the morato- rium or control within sixty (60) days of adoption; b. Adopt detailed findings of fact that in- clude, but are not limited to, justifications for the proposed or adopted actions and explanations of the desired and likely out- comes; and c. Notify the Department of Ecology of the moratorium or control immediately af- ter its adoption. The notification must specify the time, place, and date of any public hearing held. 3. Said moratorium or other official control shall provide that all lawfully existing uses, structures, or other development shall con- tinue to be deemed lawful conforming uses and may continue to be maintained, repaired, and redeveloped, so long as the use is not expanded, under the terms of the land use and shoreline rules and regulations in place at the time of the moratorium. 4. Said moratorium or control adopted un- der this Section may be effective for up to six (6) months if a detailed work plan for remedy- ing the issues and circumstances necessitat- ing the moratorium or control is developed and made available for public review. A mor- atorium or control may be renewed for two (2) six (6) month periods if the City Council com- 4-9-195A (Revised 8/17)9 - 60 plies with subsection Q2a of this Section be- fore each renewal. 5. If a moratorium or control is in effect on the date a proposed Master Program or amendment is submitted to the Department of Ecology, the moratorium or control must re- main in effect until the department's final ac- tion under RCW 90.58.090; however, the moratorium expires six (6) months after the date of submittal if the department has not taken final action. (Ord. 4716, 4-13-1998; Ord. 4999, 1-13-2003; Ord. 5159, 10-17-2005; Ord. 5450, 3-2-2009; Ord. 5633, 10-24-2011) 4-9-195 ROUTINE VEGETATION MANAGEMENT PERMITS: A. PURPOSE: This Section provides a permit process for routine vegetation management implementing the tree retention and land clearing regulations in RMC 4-4-130. B. AUTHORITY: The Administrator is hereby authorized and di- rected to interpret and enforce all the provisions of this Section. C. APPLICABILITY: Unless exempted by RMC 4-4-130C, Allowed Tree Removal Activities, a Routine Vegetation Management Permit is required for any property where routine vegetation management activities are undertaken. (Ord. 5650, 12-12-2011) D. PROCEDURES AND REVIEW CRITERIA: Permits for routine vegetation management shall be processed as follows: 1. Submittal: An application for a routine vegetation management permit shall be sub- mitted to the Development Services Division together with any necessary fees as specified in the City of Renton Fee Schedule. 2. Information Required: A routine vege- tation management permit application shall contain the information requested in RMC 4-8-120, Submittal Requirements – Specific to Application Type. 3. Time: The permit shall be reviewed ad- ministratively within a reasonable period of time. 4. Review Criteria: All land clearing and tree removal activities shall comply with RMC 4-4-060, Grading, Excavation, and Mining Regulations, and shall meet the following cri- teria: a. The lot shall comply with minimum tree density requirements pursuant to RMC 4-4-130, Tree Retention and Land Clearing Regulations. b. The land clearing and tree removal shall be consistent with restrictions for critical areas, pursuant to RMC 4-4-130, Tree Retention and Land Clearing Regu- lations, and RMC 4-3-050, Critical Areas Regulations. c. Removal of a landmark tree shall meet the review criteria for removal of a landmark tree, pursuant to RMC 4-4-130, Tree Retention and Land Clearing Regu- lations. d. Street frontage and parking lot trees and landscaping shall be preserved, un- less otherwise approved by the Adminis- trator. e. The land clearing and tree removal shall not remove any landscaping or pro- tected trees required as part of a land de- velopment permit. f. The land clearing and tree removal shall maintain visual screening and buff- ering between land uses of differing in- tensity, consistent with applicable landscaping and setback provisions. g. The land clearing and tree removal shall not create or contribute to a hazard- ous condition, such as increased poten- tial for blowdown, pest infestation, disease, or other problems that may re- sult from selectively removing trees and other vegetation from a lot. 5. Routine Vegetation Management Per- mit Conditions: The routine vegetation man- agement permit may be denied or condi- tioned by the City to restrict the timing and 4-9-200A 9 - 61 (Revised 8/17) extent of activities or to require tree replace- ment in order to further the intent of this Sec- tion including: a. Preserve and enhance the City’s aesthetic character and maintain visual screening and buffering. b. Preserve habitat to the greatest ex- tent feasible. c. Prevent landslides, accelerated soil creep, settlement and subsidence haz- ards. d. Minimize the potential for flooding, erosion, or increased turbidity, siltation or other form of pollution in a watercourse. e. Ensure that the proposal will be con- sistent with RMC 4-4-130D3, Restrictions for Critical Areas – General, and 4-4-130D4, Restrictions for Native Growth Protection Areas. (Ord. 5650, 12-12-2011) 6. Time Limits for Routine Vegetation Management Permits: Any permit for rou- tine vegetation management shall be valid for one year from the date of issuance. An exten- sion may be granted by the Administrator for a period of one year upon application by the property owner or manager. 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 state- ment of justification for the extension. E. APPEALS: Appeal of the decision to grant, grant with condi- tions, or deny a routine vegetation management permit shall be made consistent with RMC 4-8-110, Appeals. F. VIOLATIONS AND PENALTIES: Unless otherwise specified, violations of this Sec- tion are misdemeanors subject to RMC 1-3-1. (Ord. 4963, 5-13-2002; Ord. 5159, 10-17-2005; Ord. 5304, 9-17-2007; Ord. 5840, 6-12-2017) 4-9-200 MASTER PLAN AND SITE PLAN REVIEW: A. PURPOSE AND INTENT: 1. The purpose of this Section shall be to ensure that proposed development is imple- mented in a manner consistent with the plans, policies and regulations of the City of Renton and to advance the following objec- tives: • To promote orderly community growth and minimize undesirable de- velopment impacts; • To promote high quality design; • To protect and enhance the natural landscape, environmental features and property values of the City; • To ensure convenient and safe pe- destrian and vehicle access and cir- culation; and • To promote coordination of public or quasi-public elements within and be- tween developments. 2. Review shall be divided into two (2) types, Master Plan Review and Site Plan Re- view: a. Master Plan Review: The purpose of the master plan process is to evaluate projects at a broad level and provide guidance for development projects with multiple buildings on a single large site. The master plan process allows for anal- ysis of overall project concepts and phas- ing as well as review of how the major project elements work together to imple- ment City goals and policies. Master plan review allows for consideration and miti- gation of cumulative impacts from large- scale development and allows for coordi- nation with City capital improvement planning. Master plan review should oc- cur at an early stage in the development of a project, when the scale, intensity and layout of a project are known. b. Site Plan Review: The purpose of the site plan review process is to analyze 4-9-200B (Revised 8/17)9 - 62 the detailed arrangement of project ele- ments to mitigate negative impacts where necessary to ensure project compatibility with the physical characteristics of a site and with the surrounding area. Site plan review ensures quality development con- sistent with City goals and policies. Site plan review analyzes elements including, but not limited to, site layout, building ori- entation and design, pedestrian and ve- hicular environment, landscaping, natural features of the site, screening and buffering, parking and loading facilities, and illumination to ensure compatibility with potential future development. B. APPLICABILITY AND AUTHORITY: 1. Master Plan Review: Master plan re- view is required for all development within the UC and COR Zones unless specifically ex- empted in subsection C of this Section. Mas- ter plans are optional in all other zones. When existing parcels are twenty five (25) acres or smaller, a master plan incorporating all abut- ting lots in common ownership as of Decem- ber 1, 2003, is required. 2. Site Plan Review: a. When Required: Site plan review is required for all development in the IL, CO, CN, CD, CA, CV, COR, UC, R-10, RMH, RM, and R-14 Zones, all develop- ment within the Employment Area (EA) designation, and for the following types of development, regardless of zone: i. K-12 educational institutions. ii. Parks. iii. Outdoor recreation facilities. iv. Rental services with outdoor storage. v. Hazardous Waste Facilities: All hazardous waste treatment and stor- age facilities. b. Optional: When specifically autho- rized by the development standards, site plan review may be used as a means to propose modifications to development standards for developments otherwise exempt from site plan review. 3. Authority: The Community and Eco- nomic Development Administrator shall have the authority to approve, approve with condi- tions, or deny proposals based on this Sec- tion when no other permit or approval requires Hearing Examiner review. (Ord. 5676, 12-3-2012; Ord. 5759, 6-22-2015) C. EXEMPTIONS: 1. Development Exempt from Master Plan Review: The following are exempt from the master plan review: a. Airplane Manufacturing and Air- plane Manufacturing Accessory Func- tions: New structures, the rehabilitation of existing structures, or lot line adjust- ments for airplane manufacturing and air- plane manufacturing accessory functions; b. Large Lot Subdivisions: Subdivi- sion, lot line adjustment or other method of adjusting lot configurations that result in lots larger than twenty five (25) acres in size; c. SEPA Exempt Development: All development categorically exempt from review under RMC 4-9-070G, Environ- mental Review Procedures; or d. Utilities: Underground utility proj- ects. 2. Development Exempt from Site Plan Review: The following are exempt from the site plan review: a. Planned urban developments; b. SEPA Exempt Development: All development categorically exempt from review under RMC 4-9-070G, Categorical Exemptions, with the exception of devel- opment in the Residential Ten Dwelling Units per Acre (R-10) and Residential Fourteen Dwelling Units per Acre (R-14) zones where existing dwelling units are included in a development proposal for new dwelling units, whether created by subdivision or other means; 4-9-200D 9 - 62.1 (Revised 8/17) c. Utilities: Underground utility proj- ects; d. Airplane Manufacturing and Air- plane Manufacturing Accessory Func- tions: The rehabilitation of existing structures and new structures, except when the new structure abuts a public right-of-way or public park; and e. Interior tenant improvements. (Ord. 5675, 12-3-2012; Ord. 5841, 6-12-2017) D. CRITERIA TO DETERMINE IF PUBLIC HEARING IS REQUIRED: A public hearing before the Hearing Examiner shall be required in the following cases: 1. All master plans except those covered by a planned action ordinance that included a public hearing that was determined by the Community and Economic Development Ad- ministrator to have provided the public and decision-makers with sufficient detail regard- ing the project’s scale, design, bulk and uses. Where a master plan is approved, subse- quent site plans submitted for future phases may be submitted and approved administra- tively without a public hearing. (Ord. 5676, 12-3-2012; Ord. 5749, 1-12-2015) 2. Site Plan Review: a. Significant Environmental Con- cerns Remain: The Environmental Re- view Committee determines, based on departmental comments or public input, that there are significant unresolved con- cerns raised by the proposal; or b. Large Project Scale: The proposed project is more than: i. One hundred (100) attached resi- dential units; ii. One hundred thousand (100,000) square feet of gross floor area (nonresidential) in the IL or CO Zones or other zones in the Employ- ment Area (EA) land use designa- tion; iii. Twenty five thousand (25,000) square feet of gross floor area (non- residential) in the CN, CD, CA, CV, or (Revised 8/17)9 - 62.2 This page left intentionally blank. 4-9-200E 9 - 63 (Revised 3/17) CO Zones outside the Employment Area (EA) land use designation; iv. Four (4) stories or sixty feet (60') in height; v. Three hundred (300) parking stalls; or vi. Ten (10) acres in size of project area. c. All commercial or industrial projects adjacent to or abutting residentially zoned property, unless the Administrator determines that the presence of critical areas or other limiting factors on the res- idential property make development un- likely or unfeasible. (Ord. 5676, 12-3-2012; Ord. 5759, 6-22-2015) E. DECISION CRITERIA: 1. Purpose: These criteria provide general guidance for an applicant in developing a site, but are not intended to discourage creativity and innovation. 2. Level of Detail: a. Master Plans: For master plan appli- cations, the Administrator will evaluate compliance with the review criteria at a level of detail appropriate for master plans. Master plans will be evaluated for general compliance with the criteria and to ensure that nothing in the master plan will preclude development of a site plan in full compliance with the criteria. b. Site Plans: For site plan applica- tions, the Administrator will analyze the plan in detail and evaluate compliance with the specific requirements discussed below. (Ord. 5676, 12-3-2012) 3. Criteria: The Administrator must find a proposed project to be in compliance with the following: (Ord. 5676, 12-3-2012) a. Compliance and Consistency: Conformance with plans, policies, regula- tions and approvals, including: i. Comprehensive Plan: The Comprehensive Plan, its elements, goals, objectives, and policies, espe- cially those of the applicable land use designation, and any applicable ad- opted Community Plan; ii. Applicable land use regulations; iii. Relevant Planned Action Ordi- nance and Development Agree- ments; and iv. Design Regulations: Intent and guidelines of the design regula- tions located in RMC 4-3-100. (Ord. 5759, 6-22-2015) b. Off-Site Impacts: Mitigation of im- pacts to surrounding properties and uses, including: i. Structures: Restricting over- scale structures and overconcentra- tion of development on a particular portion of the site; ii. Circulation: Providing desirable transitions and linkages between uses, streets, walkways and adja- cent properties; iii. Utilities, Loading and Storage Areas: Locating, designing and screening storage areas, utilities, rooftop equipment, loading areas, and refuse and recyclables to mini- mize views from surrounding proper- ties. Locate utilities underground consistent with RMC 4-6-090; iv. Views: Recognizing the public benefit and desirability of maintaining visual accessibility to attractive natu- ral features; v. Landscaping: Using landscap- ing to provide transitions between development and surrounding prop- erties to reduce noise and glare, maintain privacy, and generally en- hance the appearance of the project; and vi. Lighting: Designing and/or placing exterior lighting and glazing in order to avoid excessive bright- 4-9-200E (Revised 3/17)9 - 64 ness or glare to adjacent properties and streets. c. On-Site Impacts: Mitigation of im- pacts to the site, including: i. Structure Placement: Provi- sions for privacy and noise reduction by building placement, spacing and orientation; ii. Structure Scale: Consideration of the scale of proposed structures in relation to natural characteristics, views and vistas, site amenities, sun- light, prevailing winds, and pedes- trian and vehicle needs; iii. Natural Features: Protection of the natural landscape by retaining existing vegetation and soils, using topography to reduce undue cutting and filling, and limiting and discon- necting impervious surfaces; iv. Reducing Parking Impervious Areas: Design parking areas to min- imize impervious surfaces, including but not limited to: (1) breaking up parking areas and directing stormwa- ter flows to multiple low impact devel- opment features such as bioretention areas; (2) locating parking near trees to provide storm water uptake; (3) re- taining or adding vegetation to park- ing areas; (4) placing existing parking that exceeds maximum parking ra- tios in permeable pavement de- signed consistent with the Surface Water Design Manual in RMC 4-6- 030; and (5) using other low impact development techniques consistent with RMC 4-6-030; and v. Landscaping: Use of landscap- ing to soften the appearance of park- ing areas, to provide shade and privacy where needed, to define and enhance open spaces, and generally to enhance the appearance of the project. Landscaping also includes the design and protection of planting areas so that they are less suscepti- ble to damage from vehicles or pe- destrian movements. Landscaping shall be consistent with RMC 4-4- 070. d. Access and Circulation: Safe and efficient access and circulation for all us- ers, including: i. Location and Consolidation: Providing access points on side streets or frontage streets rather than directly onto arterial streets and con- solidation of ingress and egress points on the site and, when feasible, with adjacent properties; ii. Internal Circulation: Promoting safety and efficiency of the internal circulation system, including the lo- cation, design and dimensions of ve- hicular and pedestrian access points, drives, parking, turnarounds, walk- ways, bikeways, and emergency ac- cess ways; iii. Loading and Delivery: Sepa- rating loading and delivery areas from parking and pedestrian areas; iv. Transit and Bicycles: Provid- ing transit, carpools and bicycle facil- ities and access; and v. Pedestrians: Providing safe and attractive pedestrian connections be- tween parking areas, buildings, pub- lic sidewalks and adjacent properties. e. Open Space: Incorporating open spaces to serve as distinctive project fo- cal points and to provide adequate areas for passive and active recreation by the occupants/users of the site. f. Views and Public Access: When possible, providing view corridors to shorelines and Mt. Rainier, and incorpo- rating public access to shorelines. g. Natural Systems: Arranging project elements to protect existing natural sys- tems where applicable. h. Services and Infrastructure: Mak- ing available public services and facilities to accommodate the proposed use. 4-9-200F 9 - 65 (Revised 5/18) i. Phasing: Including a detailed se- quencing plan with development phases and estimated time frames, for phased projects. j. Stormwater: Providing optimal loca- tions of stormwater infiltrating low impact development facilities. Avoiding place- ment of buildings or impervious areas on soils with infiltration capability to the max- imum extent practicable. (Ord. 5828, 12- 12-2016) F. APPLICABLE SUBMITTAL AND REVIEW PROCEDURES: 1. General: All applications shall be re- viewed in the manner described below and in accordance with chapter 4-8 RMC, Permits – General and Appeals. 2. Preapplication Conference: Applicants are encouraged to consult early and infor- mally with representatives of the Planning Di- vision and other affected departments to discuss proposed master plan and site plan applications. 3. Combined Application Authorized: An applicant may submit a master plan, site plan, combined master plan and site plan for the entire site, or a master plan addressing the entire site with site plan(s) for one or more phases of the planned site development. 4. Submittal Requirements and Applica- tion Fees: Submittal requirements shall be as listed in RMC 4-8-120C; application fees shall be as set forth in the fee schedule for the City. 5. Public Notice and Comment Period Required: Whenever a completed master plan or site plan review application is re- ceived, the Planning Division shall be respon- sible for providing public notice of the pending site plan application, pursuant to RMC 4-8-090, Public Notice Requirements. 6. Circulation and Review of Applica- tion: Upon receipt of a completed applica- tion, the Planning Division shall route the application for review and comment to vari- ous City departments and other jurisdictions or agencies with an interest in the application. 7. Environmental Review Committee to Determine Necessity for Public Hearing: Upon receipt of final departmental comments and after the close of the public comment pe- riod, the Environmental Review Committee shall determine the necessity for a public hearing pursuant to subsection D2a of this Section. This determination may be appealed to the Hearing Examiner pursuant to RMC 4-8-110E. 8. Administrative Approvals: For projects not requiring a public hearing, the Administra- tor shall take action on the proposed plan. Approval of a master plan or site plan shall be subject to any mitigation measures that are part of the City’s SEPA determination. The Administrator shall have the authority to place reasonable conditions on or modify a plan in order to satisfy the general purposes of this Section, achieve consistency with the review criteria and compensate for impacts attributable to the proposed development. (Ord. 5676, 12-3-2012) 9. Hearing Process and Examiner Au- thority: For projects requiring a public hear- ing, the Hearing Examiner shall take action in accordance with the procedures in RMC 4-8-100, Application and Decision – General, and the following: a. Date of Hearing: The Planning Divi- sion shall coordinate with the Hearing Ex- aminer in setting a hearing date for the site development review application. b. Examiner’s Decision: After con- ducting a public hearing on the master plan or site plan application, the Hearing Examiner shall render a written decision. c. Authority for Conditions and Plan Modifications: The Hearing Examiner shall have the authority to place reason- able conditions on or modify a plan in or- der to satisfy the general purposes of this Section, achieve consistency with the re- view criteria and compensate for impacts attributable to the proposed develop- ment. d. Hearing Examiner Ability to Leave Public Hearing Open: The Hearing Ex- aminer may leave a public hearing open in order to solicit additional information 4-9-200G (Revised 5/18)9 - 66 that demonstrates that an application can be made consistent with the review crite- ria and general purposes with minor modifications to a master plan or site plan. e. Denial: If the Hearing Examiner finds that a master plan or site plan application cannot be made consistent with the gen- eral purposes and review criteria of this Section by requiring reasonable condi- tions, then the plan shall be denied. G. MERGER WITH BINDING SITE PLAN: The applicant may request that the site plan sub- mitted for site plan review under this Section con- stitutes a binding site plan pursuant to chapter 58.17 RCW; provided, that the site plan complies with all the requirements, procedures and review criteria of this Section as well as the require- ments, standards and recording procedure of RMC 4-7-230. H. MODIFICATIONS TO AN APPROVED MASTER PLAN OR SITE PLAN: 1. Major Modifications: Major modifica- tions to an approved master plan or site plan require a new application. 2. Minor Modifications: Minor modifica- tions may be permitted by administrative de- termination. To be considered a minor modification, the amendment must not: a. Involve more than a ten percent (10%) increase in area or scale of the de- velopment in the approved plan; or b. Have a significantly greater impact on the environment and/or public facili- ties than the approved plan; or c. Change the boundaries of the origi- nally approved plan. I. TIMING OF BUILDING PERMITS: No building permit shall be issued for any use un- til the Administrator has approved, or approved with conditions, required master plan and site plan review application(s). All building permits is- sued shall be in compliance with the approved site plan. Building permits shall not be issued until the appeal period for an approved site plan has expired. (Ord. 5676, 12-3-2012) J. EXPIRATION AND EXTENSIONS: 1. Non-Phased Plans: a. Master Plans: The Hearing Exam- iner shall determine, and document in writing, an appropriate expiration date for the master plan, granting up to five (5) years. An applicant shall submit a com- plete site plan application for the devel- opment within the specified time frame if a site plan was not combined with the master plan application. The Administra- tor may grant a one year extension for good cause. b. Site Plans: The final approval of a Site Plan shall expire within two (2) years of the date of approval. A single two (2) year extension may be granted for good cause by the Administrator. The Adminis- trator may determine at his or her discre- tion that a public hearing before the Hearing Examiner is required for such extension. 2. Phased Plans: a. Master Plans: The Administrator may grant master plan approval for large projects planned to be developed or re- developed in phases over a period of years exceeding the five (5) year time limit for non-phased plans. Such ap- proval shall include clearly defined phases and specific time limits for each phase and a determination of eligibility for any extensions of the time limits. b. Site Plans: An applicant may submit a site plan application for either the entire site or a portion of the site covered by a master plan, provided the application complies with phasing and timing re- quirements of the master plan approval. In every case, the site plan application and review shall cover at least that por- tion of the site which is directly related to the proposed development as well as any areas that may be impacted by the devel- opment. (Ord. 5675, 12-3-2012) K. APPEALS: Any decision on a master plan or site plan appli- cation shall be subject to appeal, pursuant to RMC 4-8-110, Appeals. (Ord. 5641, 12-12-2011) 4-9-210B 9 - 66.1 (Revised 5/18) 4-9-210 SMALL CELL PERMITS A. SUBMITTAL REQUIREMENTS: In addition to other permits or agreements (e.g., administrative conditional use permit, franchise, etc.) necessary for the installation of one or more small cell facilities, applicants shall apply for a small cell permit using the small cell permit appli- cation form and submit the fee stipulated in the City of Renton Fee Schedule. The submittal shall also meet the following requirements: 1. The applicant shall provide a map identi- fying the geographic boundaries for the small cell deployment. 2. The application shall provide specific lo- cational information as specified within the small cell permit application, and specify whether and where small cell facilities are to be located on existing utility poles including City-owned light standards, or will utilize re- placement utility poles, new poles, towers, existing buildings and/or other structures. Conduit and/or ground-mounted equipment necessary for and intended for use in the de- ployment shall also be specified regardless of whether the additional facilities are to be con- structed by the applicant or leased from a third party. Detailed schematics and visual renderings, including photo simulations, of the small cell facilities shall be provided by the applicant. 3. The applicant may specify up to five (5) sites in one small cell permit application for processing if all proposed small cell facilities are subject to the same process type, utilize the same concealment technique, and are lo- cated on the same type of facility (such as the same light standard), and within either the public right-of-way or upon private property. 4. The applicant shall specifically designate any element of a deployment which qualifies as an eligible facilities request. Such element may be addressed separately by the Admin- istrator in order to comply with the require- ments in RMC 4-4-140, Wireless Communication Facilities. 5. The applicant shall provide written autho- rization of the owner of any pole or structure for the installation of its small cell facilities on such pole or structure. For City-owned poles or structures, the applicant shall submit a copy of a lease agreement from the City. 6. If the applicant proposes small cell facili- ties located on or over the public right-of-way, the applicant shall submit a copy of a right-of- way use permit issued by the City, unless an existing franchise agreement authorizes the proposed small cell facilities. 7. If the applicant proposes an element which is not exempt from SEPA review, the applicant shall simultaneously apply under Chapter 43.21C RCW and RMC 4-9-070, En- vironmental Review Procedures. 8. The applicant shall submit a sworn affida- vit signed by a radio frequency (RF) engineer with knowledge of the proposed project af- firming that the small cell deployment will be compliant with all FCC and other governmen- tal regulations in connection with human ex- posure to radio frequency emissions for every frequency at which the small cell facility will operate. If additional transmission facili- ties necessary to the small cell facility, such as microwave backhaul, are to be provided by a third party, then the small cell permit shall be conditioned on an RF certification showing the cumulative impact of the RF emissions of the entire installation. The appli- cant may provide one emissions report for the entire small cell deployment if the applicant is using the same small cell facility configura- tion for all installations within that batch, or may submit one emissions report for each subgroup installation identified in the batch. 9. The applicant shall provide proof of FCC and other regulatory approvals required to provide the service(s) or utilize the technolo- gies sought to be installed. 10. The applicant shall submit a traffic con- trol plan for any small cell facilities located on or over the public right-of-way. B. ADMINISTRATION: 1. If more than one application for a small cell permit application is submitted by an ap- plicant, they shall be considered in the order received. If multiple applications are submit- ted on the same date, the applicant shall indi- cate the order of consideration. 4-9-220A (Revised 5/18)9 - 66.2 2. The Administrator may approve, deny or conditionally approve all or any portion of the sites proposed in the small cell permit appli- cation. The denial of one or more small cell facility locations within a submittal shall not be the sole basis for a denial of other loca- tions proposed within the same application. 3. Prior to issuance of a small cell permit, the applicant shall pay the actual administra- tive expenses incurred by the City that are di- rectly related to the City’s review of the application, including plan inspection, and approval, as authorized by RCW 35.21.860(1)(b), as may be amended. (Ord. 5876, 1-22-2018) 4-9-220 SPECIAL PERMITS: A. PURPOSE AND AUTHORITY: Recognizing that there are certain uses of prop- erty that may be detrimental to the public health, safety, morals, and general welfare, and not per- mitted by right in the zone where proposed, de- pending upon the facts of each particular case, a limited power to issue permits for such uses is vested in the Hearing Examiner following recom- mendation by the Development Services Divi- sion. (Ord. 3592, 12-14-1981) B. APPLICABILITY: (Reserved) C. SUBMITTAL REQUIREMENTS AND FEES: Shall be as listed in RMC 4-8-120C, Land Use Ap- plications, and 4-1-170, Land Use Review Fees. 4-9-240C 9 - 67 (Revised 8/17) D. REVIEW PROCESS AND DECISION CRITERIA: The standards of review and procedural require- ments shall be the same as a conditional use per- mit. (Ord. 3592, 12-14-1981) E. EXPIRATION AND EXTENSIONS: Shall be as stipulated in RMC 4-8-100H and I. F. MODIFICATIONS TO APPROVED PLANS: (Reserved) 4-9-230 SPECIAL PERMIT TO ALLOW PRIVATE GARAGES ON STEEP SLOPES TO LOCATE WITHIN FRONT OR SIDE YARD SETBACK: A. PURPOSE, AUTHORITY AND CONDITIONS OF APPROVAL: The Development Services Division may, in spe- cific cases where the topography of the premises or the location of buildings existing prior to the passage of this Code make compliance with the provisions governing the location of private ga- rages impossible, grant a special permit for a pri- vate garage to be located nearer to the street line than the main structure, but in any case where such location is within a required front or side yard, the highest point of a building so located shall not be more than thirty inches (30") above the average level of the ground on the side far- thest from the street line. Likewise, the Develop- ment Services Division may, upon proper application, grant a special permit for the location of a garage on the low side of the street nearer to the street line than the main building. (Ord. 2630, 4-26-1971, Amd. Ord. 3592, 12-14-1981) B. APPLICABILITY: (Reserved) C. REVIEW CRITERIA: (Reserved) 4-9-240 TEMPORARY USE PERMITS: A. PURPOSE: A temporary use permit allows a use or structure on private or public property on a short-term ba- sis. Such uses or structures may be allowed sub- ject to modified development standards which would not be appropriate for permanent uses in the zoning designation. B. APPLICABILITY: The standards in this Section will be used for tem- porary activities characterized by their short-term or seasonal nature. Temporary uses include con- struction trailers, parking lot sales, temporary car- nivals and fairs, mobile food vendors, and seasonal sales such as Christmas tree sales. Temporary uses regulated by this section are uses determined by the City not to be special events as defined by chapter 5-22 RMC where considerable participation and/or spectators would have a significant impact on transportation, public services, or public safety. C. EXEMPTIONS: 1. Exemptions for Construction-Related Activities: The following uses and structures do not require a temporary use permit, pro- vided they are associated with an approved land use application and/or an active building or construction permit and approved by the Administrator: a. Contractor’s office, storage yard, and equipment parking and servicing on or near the site or in the vicinity of an active construction project. b. One model home located on an ex- isting lot, and located within the subdivi- sion or residential development to which it pertains. c. Sales/marketing trailers used for the purpose of real estate sales and/or rental information, located within the subdivi- sion or development to which they per- tain. 2. Exemptions for City-Sponsored Events: The following uses are exempt from permit requirements: City-sponsored com- munity fairs, festivals, or events, subject to the approval of the Mayor’s office. 3. Exemptions for Special Sales and An- cillary Events Promoting and Located on the Site of an Existing Permanent Busi- ness and Not Requiring a Separate Busi- ness License: If determined by the Community and Economic Development Ad- ministrator to be of limited duration with mini- mal impact on neighboring properties, such special sales/events shall not require issu- ance of a temporary use permit but may re- 4-9-240D (Revised 8/17)9 - 68 quire a permit from the Fire Department and/ or King County Health Department. (Ord. 5676, 12-3-2012; Ord. 5806, 6-20-2016) D. TEMPORARY USE PERMITS ARE REQUIRED FOR OTHER TEMPORARY USES OR STRUCTURES: The following uses or structures are separated into Tier I, Tier II, and Tier III temporary use cate- gories. Those in the Tier I category are processed as Type I land use applications, those in the Tier II category are processed as Type II applications, and those in the Tier III category are processed as Type III applications. Projects subject to SEPA are processed differently. 1. Tier I: Examples of temporary uses in this category include activities allowed by the base zone, mobile food vendors located in the IL, IM, IH, CA, CV and CD zones, vehicle sales events held on property not currently used as an auto dealership and within the Au- tomall Area and/or Employment Area, Christ- mas tree lots, sales events not determined to be exempt pursuant to subsection C3 of this Section, a temporary manufactured home for medical hardship, and model homes (equal- ing the lesser of five (5) homes or twenty per- cent (20%) of the total lots, when located within the subdivision or residential develop- ment to which they pertain). The Administra- tor may authorize additional temporary uses not listed in this subsection when it is found that the proposed uses are in keeping with the intent and purposes of this Section. (Ord. 5759, 6-22-2015) 2. Tier II: Examples of temporary uses in this category include activities limited or pro- hibited by the base zone, mobile food ven- dors not located in the IL, IM, IH, CA, CV and CD zones, and storage trailers. Other uses in this category include circuses, carnivals, fairs, or similar transient amusement or recre- ational activities. The Administrator may au- thorize additional temporary uses not listed in this subsection when it is found that the pro- posed uses are in keeping with the intent and purposes of this Section. 3. Tier III: Temporary homeless encamp- ments is the use in this category, and shall have an application fee of one hundred dol- lars ($100.00). (Ord. 5676, 12-3-2012; Ord. 5841, 6-12-2017) E. CRITERIA FOR DETERMINING PERMIT TYPE: The Administrator shall consider the following factors in determining the tier level for each activ- ity: consistency with the underlying zone, impact on surrounding zones, length of period of time for duration of activity, and hours of operation. Proj- ects subject to SEPA are processed differently. (Ord. 5676, 12-3-2012) F. SUBMITTAL REQUIREMENTS AND APPLICATION FEES: Submittal requirements and application fees shall be as listed in RMC 4-8-120C, Land Use Applica- tions, and the City of Renton Fee Schedule Bro- chure. G. PUBLIC NOTICE AND COMMENT PERIOD: Public notice and comment period shall be as listed in RMC 4-8-090, Public Notice Require- ments. H. WAIVER OF REQUIREMENTS AND FEES: The Community and Economic Development Ad- ministrator may waive specific application re- quirements determined to be unnecessary for review of an application. The Administrator may waive the permit application fee for public service activities and nonprofit organizations. I. APPLICATION PROCESS AND REVIEW AUTHORITY: The Community and Economic Development Ad- ministrator shall, in consultation with appropriate City departments, review and decide upon each application for a temporary use permit. The Ad- ministrator may approve, modify, or condition an application for a temporary use permit. (Ord. 5676, 12-3-2012) J. DECISION CRITERIA: The Administrator may approve, modify, or condi- tion an application for a temporary use permit, based on consideration of the following factors: (Ord. 5676, 12-3-2012) 1. The temporary use will not be materially detrimental to the public health, safety, or welfare, nor injurious to property or improve- ments in the vicinity of the temporary use; and 4-9-240K 9 - 69 (Revised 8/16) 2. Adequate parking facilities and vehicle ingress and egress are provided to serve the temporary use and any existing uses on the site; and 3. Hours of operation of the temporary use are specified, and would not adversely impact surrounding uses; and 4. The temporary use will not cause nui- sance factors such as noise, light, or glare which adversely impact surrounding uses; and 5. If applicable, the applicant has obtained the required right-of-way use permit. K. ADDITIONAL CONDITIONS FOR VEHICLE SALES EVENTS, MOBILE FOOD VENDORS, AND TEMPORARY HOMELESS ENCAMPMENTS: 1. Vehicle Sales Events Held on Property Not Currently Used as an Auto Dealership: Only for properties in the Automall as shown in RMC 4-3-040 or the Employment Area (EA) land use designation are eligible for a temporary use permit. Additionally, no more than one vehicle sales event shall be allowed per quarter of the year (year beginning Janu- ary 1st) per property or development as de- termined by the Administrator. The use must be allowed by the zone district. Further, each such event shall only be permitted for a max- imum of seven (7) consecutive days per quar- ter. Such sales are not permissible outside of the Automall and Employment Area and are not eligible for a temporary use permit. (Ord. 5676, 12-3-2012; Ord. 5759, 6-22-2015) 2. Mobile Food Vendors: Vendors shall comply with all standards established by the Seattle-King County Health Department. In addition in the IL, IM, IH, CA, CV and CD zones, no licensed vending unit shall remain at the permitted location between 12:00 a.m. (midnight) and 5:00 a.m. on a daily basis, ex- cept for a special event where a unit is al- lowed at the same location for up to seventy two (72) hours. 3. Temporary Homeless Encampments: a. Location Criteria: A temporary homeless encampment shall be located at a religious institution. If the religious in- stitution is not actively practicing on the site proposed for a temporary encamp- ment, then the religious institution must comply with all other permit requirements for the underlying zone required for siting a new religious institution and temporary homeless encampment. b. Setbacks: The temporary homeless encampment shall be located a minimum of twenty feet (20') from the property line of abutting properties containing residen- tial uses. c. Visual Buffering: A six-foot (6') high sight obscuring fence, vegetative screen or other visual buffering shall be provided between the temporary homeless en- campment and any abutting residential property and the right-of-way. The fence shall provide privacy and a visual buffer- ing for encampment residents and neigh- boring properties in a manner and material approved by the code official. The code official shall consider existing vegetation, fencing, topographic varia- tions and other site conditions in deter- mining compliance with this requirement. d. Exterior Lighting: Exterior lighting must be directed downward, away from abutting and adjoining properties, and contained within the temporary homeless encampment. e. Maximum Residents: The maxi- mum number of residents within a tempo- rary homeless encampment is one hundred (100). f. Additional Parking: Each lot occu- pied by a temporary homeless encamp- ment must provide or have available parking and vehicular maneuvering area. The temporary homeless encampment and the parking of any vehicles associ- ated with a temporary homeless encamp- ment application shall not displace the host site’s parking lot in such a way that the host site no longer meets the mini- mum or required parking of the principal use as required by code or previous ap- provals unless an alternative parking plan has been approved. 4-9-240K (Revised 8/16)9 - 70 g. Transit Proximity and Transporta- tion Plan: A transportation plan is re- quired which shall include provision of transit services. The temporary homeless encampment shall be within one-half (1/2) mile of a public transit stop or the sponsor or managing organization must demonstrate the ability for residents to obtain access to the nearest public trans- portation stop through sponsor or host provided van or car pools. During hours when public transportation is not avail- able, the sponsor or host shall also make transportation available to anyone who is rejected from or ordered to leave the tem- porary homeless encampment. h. Code of Conduct: A code of con- duct is required to be enforced by the managing agency. The code shall con- tain the following as a minimum: i. No drugs or alcohol. ii. No concealed weapons without a current valid concealed weapons permit. iii. No menacing, threatening or as- saultive behavior. iv. No open flames. v. No loitering in the surrounding neighborhood. vi. Quiet hours. Nothing within this subsection shall pro- hibit the temporary homeless encamp- ment sponsor or managing organization from imposing and enforcing additional code of conduct conditions not otherwise inconsistent with this section. The man- aging agency shall enforce the written code of conduct. Failure by the managing agency to take action against a resident who violates the terms of the written code of conduct may result in cancellation of the permit. i. Compliance with Health and Safety Codes: The temporary homeless en- campment shall comply with all applica- ble standards of the Seattle-King County Health Department, or its successor. The managing agency shall ensure compli- ance with Washington State and City codes concerning but not limited to drink- ing water connections, human waste, solid waste disposal, electrical systems, and fire-resistant materials. j. Inspections: The temporary home- less encampment shall permit regular in- spections by the City, including the Police Department and the Fire Department, and King County Health Department, to check compliance with the standards for the temporary homeless encampment. (Ord. 5806, 6-20-2016) k. Identification: The managing agency shall take all reasonable and le- gal steps to obtain verifiable identifica- tion, such as a driver’s license, government-issued identification card, military identification or passport from prospective and temporary homeless en- campment residents. l. Log-In and Identification: The tem- porary homeless encampment managing organization shall maintain a resident log for all who are residing at the temporary homeless encampment. Such log shall be kept on site at the temporary home- less encampment. Prospective encamp- ment residents shall provide a verifiable form of identification when signing the log. m. Duration and Frequency: Tempo- rary homeless encampments may be ap- proved for a time period not to exceed ninety two (92) days, including setup and dismantling of the encampment. A tem- porary homeless encampment may be located at the same site no more than once every twelve (12) months. For the purposes of this subsection, the twelve (12) months shall be calculated from the last day of the prior encampment at the site. n. Public Meeting – Informal Public Meeting Required: The Community and Economic Development Administrator shall require an applicant to conduct an informal public meeting to inform citizens about a proposed temporary homeless encampment prior to submittal of an ap- 4-9-240M 9 - 71 (Revised 8/16) plication. Notice of the informal public meeting shall be provided in the same manner as required for notice of the ap- plication, at least ten (10) days prior to the informal public meeting. Prior to the informal public meeting, the temporary homeless encampment sponsor and managing organization shall meet and confer with the Police Department re- garding any proposed security mea- sures. At the informal public meeting, a representative of the temporary home- less encampment sponsor and managing organization shall present in writing and describe the proposed temporary home- less encampment location, timing, site plan, code of conduct, encampment con- cerns, management security measures, and any input or comment received on the plan, including any comment or input from the Police Department, or comment or input from schools and/or child care services. Copies of the agenda and other materials shall be provided by the appli- cant at the meeting. The meeting shall be conducted on the subject property when- ever feasible. o. Notification to Schools and Child Care Services: Prior to any application for a temporary homeless encampment permit, the temporary homeless encamp- ment sponsor, or temporary homeless encampment managing organization shall meet and confer with the adminis- tration of any public or private elemen- tary, middle, junior high or high school within six hundred (600) feet of the boundaries of the lot(s) proposed to con- tain the temporary homeless encamp- ment, and shall meet and confer with the operators of any properly licensed child care service within six hundred (600) feet of the boundaries of the lot(s) proposed to contain the temporary homeless en- campment. The temporary homeless en- campment sponsor and the school administration and/or child care service operator shall make a good faith effort to agree upon any additional conditions that may be appropriate or necessary to ad- dress school and/or child care concerns regarding the location of a temporary en- campment within six hundred (600) feet of such a facility. Any such conditions agreed upon between the parties shall be submitted to the Hearing Examiner for consideration, for inclusion within the temporary homeless encampment per- mit. In the event the parties fail to agree on any conditions, either party may pro- vide the Hearing Examiner with a written summary of the parties’ discussions, which the Hearing Examiner may con- sider in evaluating whether the conditions for the temporary homeless encampment permit are met, or the need for additional conditions upon the temporary homeless encampment permit, without violating the legal rights of the temporary homeless encampment sponsor. p. Review Authority, Appeals, and Permit Revocation: Decision authority is at the Hearing Examiner level with a public hearing, as designee for the Ad- ministrator, and the appeal authority is with City Council. If a permit is revoked pursuant to subsection R1 of this Sec- tion, the applicant may request an appeal before the City Council. (Ord. 5676, 12-3-2012) L. SPECIAL CRITERIA FOR TEMPORARY MANUFACTURED HOME FOR MEDICAL HARDSHIP: In lieu of the criteria in subsection J of this Sec- tion, a manufactured home which complies with Housing and Urban Development (HUD) stan- dards may be permitted as a temporary dwelling on the same lot as a permanent dwelling, pro- vided the applicant demonstrates the temporary dwelling is necessary to provide daily care to an individual certified by a physician as needing such care. The primary provider of daily care shall reside on site; the manufactured home together with the permanent residence shall meet the set- back, height, building footprint, and lot coverage provisions for the applicable zone. M. CONDITIONS OF APPROVAL: 1. General: The Administrator may estab- lish conditions as may be deemed necessary to ensure land use compatibility and to mini- mize potential impacts on nearby uses. These include, but are not limited to, requiring that notice be given to adjacent/abutting property owners prior to approval, time and frequency of operation, temporary arrange- ments for parking and traffic circulation, re- 4-9-240N (Revised 8/16)9 - 72 quirement for screening or enclosure, and guarantees for site restoration and cleanup following temporary uses. 2. Additional Requirements – for Model Homes: In addition to the requirements of subsection M1 of this Section, General, the Administrator may require conditions of ap- proval regarding access/roadway construc- tion, temporary erosion control, utilities, street and lot addressing, building permits, staking of proposed lots underlying the model homes, staking of model home lot setbacks, plat approval, abatement agreements and in- demnification, and security devices for re- moval of model homes if plat is not recorded. (Ord. 5676, 12-3-2012) N. OTHER REQUIRED PERMITS: The temporary use may also require permits and inspections from both the Fire Department and/or Development Services Division to ensure that the temporary use is in compliance with Fire/Building Codes. (Ord. 5806, 6-20-2016) O. EXPIRATION AND EXTENSION: 1. Standard Period of Validity: Except as specified in subsection O2 of this Section, a temporary use permit is valid for up to one year from the effective date of the permit, un- less the Administrator establishes a shorter time frame. (Ord. 5676, 12-3-2012) 2. Special Expiration/Extension Periods for Manufactured Homes for Medical Hardship: The temporary use permit for a manufactured home for medical hardship shall be effective for twelve (12) months. Ex- tension of the temporary use permit may be approved in twelve (12) month increments subject to demonstration of continuing medi- cal hardship. The manufactured home shall be removed within ninety (90) calendar days of the expiration of the temporary use permit or the cessation of provision of daily care. 3. Extension Requests for all Other Uses: An applicant can request that a permit be valid beyond one year and for up to five (5) years at time of application or prior to permit expiration. Extension requests do not require additional fees and shall be requested in writ- ing to the Community and Economic Devel- opment Administrator. (Ord. 5675, 12-3-2012) P. REMOVAL OF TEMPORARY USE REQUIRED: Each site occupied by a temporary use shall be left free of debris, litter, or other evidence of the temporary use upon completion of removal of the use. Q. SECURITY: The Administrator may require security in confor- mance with RMC 4-9-060C to assure compliance with the provisions of the temporary use permit as approved if required. The amount of the security will be determined by the Administrator, but in no case shall it be less than one thousand dollars ($1,000.00). The security may be used by the City to abate the use and/or facilities. (Ord. 5676, 12-3-2012) R. PERMIT REVOCATION: 1. Revocation of Temporary Use Permit: Should the Administrator determine that in- formation has been provided to the City which was false, incomplete, or has changed, such that the decision criteria in subsection J of this Section are incorrect, false, or have not been met, or the temporary use actually be- ing used is different than or greater than that applied for, or if the use itself is a nuisance, unhealthy, unsafe or poses a substantial risk of harm to persons or property, then the Ad- ministrator may revoke the temporary use permit upon ten (10) days’ written notice, un- less an emergency exists, in which case the Administrator may declare such an emer- gency and immediately revoke the temporary use permit. (Ord. 5676, 12-3-2012) 2. Appeal: If revoked pursuant to subsec- tion R1 of this Section, applicant may request an appeal before the City’s Hearing Exam- iner. (Ord. 4560, 11-13-1995; Amd. Ord. 4963, 5-13-2002; Ord. 5432, 12-8-2008; Ord. 5450, 3-2-2009; Ord. 5471, 7-13-2009; Ord. 5570, 11-15-2010) 4-9-250B 9 - 73 (Revised 5/18) 4-9-250 VARIANCES, WAIVERS, MODIFICATIONS, AND ALTERNATES: A. PURPOSES: 1. Variances: A grant of relief from the re- quirements of this Title which permits con- struction in a manner that otherwise is prohibited by this Title. 2. Waivers: (Reserved) 3. Modifications: To modify a Code re- quirement when there are practical difficulties involved in carrying out the provisions of this Title when a special individual reason makes the strict letter of this Code impractical. (Ord. 4346, 3-9-1992) 4. Alternates: To allow the use of any ma- terial or method of construction not specifi- cally prescribed by this Title. (Ord. 4346, 3-9-1992; Ord. 5137, 4-25-2005) B. VARIANCE PROCEDURES: 1. Authority and Applicability for Admin- istrative Variances: The Community and Economic Development Administrator shall have the authority to grant variances from the following development standards when no other permit or approval requires Hearing Ex- aminer review: (Ord. 5676, 12-3-2012) a. Residential Land Uses: Lot width, lot depth, setbacks, allowed projections into setbacks, building height, and lot coverage. Lot width, lot depth, and set- back variations do not require a variance if the request is part of a stream daylight- ing proposal and meets criteria in RMC 4-3-050L; and b. Commercial and Industrial Land Uses: Screening of surface-mounted equipment and screening of roof- mounted equipment. c. Proposals Located Within Critical Areas: i. Wellhead Protection Areas: If an applicant feels that the strict appli- cation of aquifer protection regula- tions would deny all reasonable use of the property or would deny instal- lation of public transportation or utility facilities determined by the public agency proposing these facilities to be in the best interest of the public health, safety and welfare, the appli- cant of a development proposal may apply for a variance. ii. Flood Hazards: Variances from the flood hazard requirements of RMC 4-3-050, Critical Areas Regula- tions. iii. Steep Slopes Forty Percent (40%) or Greater and Very High Landslide Hazards: Variances from the geologic hazard requirements of RMC 4-3-050, Critical Areas Regula- tions. iv. Wetlands: (a) Creation/restoration/en- hancement ratios: Categories I and II. (b) Buffer width reductions not otherwise authorized by RMC 4-3-050 for Category IV. (c) A new or expanded single family residence on an existing, legal lot, having a regulated Cat- egory IV wetland. (d) Buffer width reductions not otherwise authorized by RMC 4-3-050 for Category I or II. v. Streams and Lakes: (a) A new or expanded single family residence on a pre-exist- ing platted lot where there is not enough developable area else- where on the site to accommo- date building pads and provide practical off-street parking, pro- viding reasonable use of the property. (b) Buffer width reductions not otherwise authorized by RMC 4-3-050, Streams and Lakes, for Types F, Np, and Ns. 4-9-250B (Revised 5/18)9 - 74 (c) Activities proposing to vary from stream regulations not listed elsewhere in RMC 4-9-250B1a, and authorized to be requested as variances in RMC 4-3-050. vi. General: Public/quasi-public utility or agency proposing to alter wellhead protection, geologic haz- ard, habitat or wetlands regulations not listed above. d. Proposals to Vary from the Drain- age Standards: If an applicant feels that the application of the regulations in the Surface Water Design Manual would deny all reasonable use of the property, the applicant of a development proposal may apply for a variance. (Ord. 4835, 3-27-2000; Ord. 4851, 8-7-2000; Ord. 5157, 9-26-2005; Ord. 5450, 3-2-2009; Ord. 5519, 12-14-2009; Ord. 5526, 2-1-2010; Ord. 5757, 6-1-2015; Ord. 5790, 4-25-2016) 2. Filing of Application: A property owner, or his duly authorized agent, may file an ap- plication for a variance which application shall set forth fully the grounds therefor and the facts deemed to justify the granting of such variance. 3. Submittal Requirements and Applica- tion Fees: Shall be as listed in RMC 4-8-120C, Land Use Applications, and 4-1-170, Land Use Review Fees. 4. Public Notice and Comment Period: Notice of the application shall be given pursu- ant to RMC 4-8-090, Public Notice Require- ments. 5. Decision Criteria: Except for variances from critical areas regulations, a determina- tion shall be made in writing that the condi- tions specified below have been found to exist: (Amd. Ord. 4835, 3-27-2000) a. That the applicant suffers practical difficulties and unnecessary hardship and the variance is necessary because of special circumstances applicable to sub- ject property, including size, shape, to- pography, location or surroundings of the subject property, and the strict applica- tion of the Zoning Code is found to de- prive subject property owner of rights and privileges enjoyed by other property own- ers in the vicinity and under identical zone classification; b. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or im- provements in the vicinity and zone in which subject property is situated; c. That approval shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is situated; d. That the approval is a minimum vari- ance that will accomplish the desired pur- pose. (Amd. Ord. 4835, 3-27-2000; Ord. 5675, 12-3-2012) 6. Special Review Criteria – Reasonable Use Variance – Critical Areas Regulations Only: For variance requests related to the critical areas regulations not subject to sub- sections B7 to B12 of this Section, a reason- able use variance may be granted if all of the following criteria are met: (Ord. 5676, 12-3-2012) a. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or im- provements in the vicinity and zone in which subject property is situated; b. There is no reasonable use of the property left if the requested variance is not granted; c. The variance granted is the minimum amount necessary to accommodate the proposal objectives; d. The need for the variance is not the result of actions of the applicant or prop- erty owner; and e. The proposed variance is based on consideration of the best available sci- ence as described in WAC 365-195-905; or where there is an absence of valid sci- entific information, the steps in subsec- 4-9-250B 9 - 75 (Revised 5/18) tion F of this Section are followed. (Ord. 4835, 3-27-2000; Amd. Ord. 4851, 8-21-2000) 7. Special Review Criteria for Variances from the Wellhead Protection Regula- tions: Except for public or quasi-public utility or agency proposals which are subject to subsection B11 of this Section, the following criteria shall be considered, in addition to those criteria in subsections B5 and B6 of this Section, for variances from aquifer protection regulations: a. That the proposed activities will not cause significant degradation of ground- water or surface water quality; and b. That the applicant has taken deliber- ate measures to minimize aquifer im- pacts, including but not limited to the following: i. Limiting the degree or magnitude of the hazardous material and activ- ity; and ii. Limiting the implementation of the hazardous material and activity; and iii. Using appropriate and best available technology; and iv. Taking affirmative steps to avoid or reduce impacts; and c. That there will be no damage to nearby public or private property and no threat to the health or safety of people on or off the property; and d. The proposed variance is based on consideration of the best available sci- ence as described in WAC 365-195-905; or where there is an absence of valid sci- entific information, the steps in subsec- tion F of this Section are followed. (Ord. 4835, 3-27-2000; Amd. Ord. 4851, 8-21-2000; Ord. 5519, 12-14-2009; Ord. 5757, 6-1-2015) 8. Special Review Criteria for Variances from Flood Hazard Requirements in the Critical Areas Regulations: In lieu of the variance criteria of subsection B5 of this Sec- tion, the following directives and criteria shall be utilized in the review of variance applica- tions related to the flood hazard requirements of the critical areas regulations: (Ord. 5519, 12-14-2009) a. Purpose and Intent: Variances, as interpreted in the national flood insurance program, are based on the general zon- ing law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, vari- ances from the flood elevations should be quite rare. b. Review Criteria: In passing upon such an application for a variance, the following review criteria shall be consid- ered: (Ord. 5519, 12-14-2009) i. Consider all technical evalua- tions, all relevant factors, standards specified in other sections of this Section; and: (a) The danger that materials may be swept onto other lands to the injury of others; (b) The danger to life and prop- erty due to flooding or erosion damage; (c) The susceptibility of the pro- posed facility and its contents to flood damage and the effect of such damage on the individual owner; (d) The importance of the ser- vices provided by the proposed facility to the community; (e) The necessity to the facility of a waterfront location, where applicable; (f) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; 4-9-250B (Revised 5/18)9 - 76 (g) The compatibility of the pro- posed use with existing and an- ticipated development; (h) The relationship of the pro- posed use to the comprehensive plan and flood plain manage- ment program for that area; (i) The safety of access to the property in times of flood for ordi- nary and emergency vehicles; (j) The expected heights, ve- locity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and (k) The costs of providing gov- ernmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. ii. Generally, the only condition un- der which a variance from the eleva- tion standard may be issued is for new construction and substantial im- provements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided criteria in subsection B8b(i) of this Section have been fully considered. As the lot size increases, the techni- cal justification required for issuing the variance increases. iii. Variances may be issued for nonresidential buildings in very lim- ited circumstances to allow a lesser degree of floodproofing than water- tight or dry floodproofing, where it can be determined that such action will have low damage potential, com- plies with all other variance criteria except subsections B8b(ii), (iii) or (iv) of this Section, and otherwise com- plies with RMC 4-3-050I2a and I2b of the general standards. iv. Variances may be issued for the reconstruction, rehabilitation, or res- toration of structures listed in the Na- tional Register of Historic Places or the State Inventory of Historic Places, without regard to the proce- dures set forth in this Section. v. Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result. vi. Variances shall only be issued upon: (a) A showing of good and suf- ficient cause; (b) A determination that failure to grant the variance would result in exceptional hardship to the ap- plicant; (c) A determination that the granting of a variance will not re- sult in increased flood heights, additional threats to public safety, extraordinary public ex- pense, create nuisances, cause fraud on or victimization of the public or conflict with existing lo- cal laws or ordinances. (d) A determination that the variance is the minimum neces- sary, considering the flood haz- ard, to afford relief. c. Conditions of Approval: Upon con- sideration of the factors of subsection B8b of this Section, and the purposes of this Section, conditions may be attached to the granting of variances if deemed necessary to further the purposes of this Section. (Ord. 5519, 12-14-2009) d. Notice Required upon Variance Approval: Any applicant to whom a vari- ance is granted shall be given written no- tice that the structure will be permitted to be built with a lowest floor elevation be- low the base flood elevation and that the cost of flood insurance will be commen- surate with the increased risk resulting from the reduced lowest floor elevation. 4-9-250B 9 - 77 (Revised 5/18) e. Records: The Administrator shall maintain the records of all variance ac- tions and report any variances to the Federal Insurance Administration upon request. (Ord. 4835, 3-27-2000; Amd. Ord. 4851, 8-7-2000; Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012) 9. Special Review Criteria – Steep Slopes Forty Percent (40%) or Greater and Very High Landslide Hazards: For variance requests to alter steep slopes over forty per- cent (40%) or greater and very high landslide hazard areas and their associated setbacks, the following criteria shall apply: a. The variance granted is the minimum amount necessary to accommodate the proposal; and b. Alternative development concepts that comply with RMC 4-3-050 have been evaluated and that practical difficulties and unnecessary hardship would result from the strict application of the code; and c. The proposal does not adversely im- pact geological hazards or other critical areas on adjacent properties; and d. The need for the variance is not the result of actions of the applicant or prop- erty owner; and e. The proposal does not create or in- crease a risk to the public health, safety, and welfare, or to public or private prop- erty; and f. If the Administrator approves a vari- ance under this subsection, the following conditions of approval, among others, may be imposed: i. The recommendations of the ge- otechnical report are followed; ii. Project plans shall be reviewed and sealed by a geotechnical engi- neer or the geotechnical engineer shall submit a sealed letter stating that they have reviewed the plans and in their opinion the plans and specifications meet the intent of the geotechnical report; and iii. An appropriate number of site visits by the geotechnical engineer to establish proper methods, tech- niques, and adherence to plan draw- ings is demonstrated during and after construction. 10. Special Review Criteria – Single Family Residence on a Legal Lot with a Category IV Wetland; or Single Family Residence on a Legal Lot with a Type F, Np, or Ns Stream/Lake: In lieu of the criteria shown in subsection B6 of this Section, a variance may be granted from any wetland or stream requirement in the critical areas regu- lations for a single family residence to be lo- cated on an existing legal lot if all of the following criteria are met: a. The proposal is the minimum neces- sary to accommodate the building foot- print and access. In no case, however, shall the impervious surface exceed five thousand (5,000) square feet, including access. Otherwise the alteration shall be subject to the review criteria of subsec- tion B6 of this Section; (Ord. 5519, 12-14-2009) b. Access is located so as to have the least impact on the wetland and/or stream/lake and its buffer; c. The proposal preserves the functions and values of the wetlands and/or stream/lake/riparian habitat to the maxi- mum extent possible; d. The proposal includes on-site mitiga- tion to the maximum extent possible; e. The proposal first develops noncriti- cal area, then the critical area buffer, be- fore the critical area itself is developed; f. The proposed activities will not jeop- ardize the continued existence of endan- gered, threatened or sensitive species as listed by the Federal government or the State; g. The inability to derive reasonable economic use of the property is not the result of actions segregating or dividing the property and creating the undevelop- 4-9-250B (Revised 5/18)9 - 78 able condition after the effective date of this Section; and h. The proposed variance is based on consideration of the best available sci- ence as described in WAC 365-195-905; or where there is an absence of valid sci- entific information, the steps in subsec- tion F of this Section are followed. (Ord. 4835, 3-27-2000; Amd. Ord. 4851, 8-7-2000; Ord. 5757, 6-1-2015) 11. Special Review Criteria – Public/ Quasi-Public Utility or Agency Altering Wellhead Protection, Geologic Hazard, Habitat, Stream/Lake or Wetland Regula- tions: In lieu of the variance criteria of sub- section B5 of this Section, applications by public/quasi-public utilities or agencies pro- posing to alter aquifer protection, geologic hazard, habitat, stream and lake or wetland regulations shall be reviewed for compliance with all of the following criteria: a. Public policies have been evaluated and it has been determined by the De- partment Administrator that the public’s health, safety, and welfare is best served; b. Each facility must conform to the Comprehensive Land Use Plan and with any adopted public programs and poli- cies; c. Each facility must serve established, identified public needs; d. No practical alternative exists to meet the needs; e. The proposed action takes affirma- tive and appropriate measures to mini- mize and compensate for unavoidable impacts; f. The proposed activity results in no net loss of regulated wetland or stream/lake area, value, or function in the drainage basin where the wetland, stream or lake is located; g. The proposed activities will not jeop- ardize the continued existence of endan- gered, threatened or sensitive species as listed by the Federal government or the State; h. That the proposed activities will not cause significant degradation of ground- water or surface water quality; i. The approval is the minimum vari- ance necessary to accomplish the de- sired purpose; and (Ord. 5519, 12-14-2009; Ord. 5676, 12-3-2012) j. The proposed variance is based on consideration of the best available sci- ence as described in WAC 365-195-905; or where there is an absence of valid sci- entific information, the steps in subsec- tion F of this Section are followed. (Ord. 4835, 3-27-2000; Amd. Ord. 4851, 8-7-2000; Ord. 5757, 6-1-2015) 12. Special Review Criteria – Construct- ing Structures over Piped Streams: For variance requests involving the construction of structures over piped streams, the follow- ing criteria shall apply: a. The proposal is the minimum neces- sary to accommodate the structure; and b. There is no other reasonable alterna- tive to avoid building over a piped stream; and c. The existing pipe stream system that would have to be located under the struc- ture is replaced with new pipe material to ensure long-term life of the pipe and meets structural requirements; and d. The piped stream system is sized to convey the one hundred (100) year future land use condition runoff from the total upstream tributary area as determined from a hydrologic and hydraulic analysis performed in accordance with standards determined by the City and in accor- dance with other City’s standards; and e. The piped stream that will be built over will need to be placed in a casing pipe sized to allow pipe skids and the po- tential need to increase the pipe size by a minimum of one pipe diameter. The cas- ing pipe shall be a minimum of three pipe diameters larger than the diameter of the pipe that conveys the stream; and 4-9-250B 9 - 79 (Revised 5/18) f. To allow for maintenance, operation and replacement of the piped stream that has been built over, a flow bypass system shall be constructed and access man- holes or other structures of sufficient size as determined by the City shall be re- quired on both sides of the section of the piped stream that is built upon; and g. There will be no damage to nearby public or private property and no threat to the health or safety of people on or off the property. 13. Special Review Criteria: In lieu of the variance criteria of subsection B6 of this Sec- tion, applications proposing to alter the core and special requirements described in the Surface Water Design Manual shall be re- viewed for compliance with all of the following criteria: a. There are special physical circum- stances or conditions affecting the prop- erty such that strict application of the criteria for producing a compensating or comparable result would deprive the ap- plicant of all reasonable use of the parcel of land in question, and every effort has been made to find creative ways to meet the intent of the requirement for which the variance is sought; b. Granting the variance for the individ- ual property in question will not create a significant adverse impact to public health, welfare, water quality, and proper- ties downstream or nearby; c. The variance requires the best prac- ticable alternative for achieving the spirit and intent of the requirement in question; and d. In addition, the application must in- clude the following information as re- quired by the State Department of Ecology per the 2007 Phase II NPDES General Municipal Stormwater Permit: i. The current (pre-project) use of the site. ii. How application of the require- ments in the Surface Water Design Manual for which a variance is being requested denies all reasonable use of site compared to the development review conditions and restrictions that would have been placed on the project prior to the adoption of the Surface Water Design Manual. iii. The possible remaining uses of the site if the variance was not granted. iv. The uses of the site that would have been allowed under develop- ment review conditions and restric- tions that would have been placed on the project prior to the adoption of the Surface Water Design Manual. v. A comparison of the estimated amount and percentage of value loss as a result of the requirements of this manual versus the estimated amount and percentage of value loss as a re- sult of conditions and/or restrictions that would have been placed on the project prior to the adoption of the Surface Water Design Manual. vi. The feasibility for the owner to alter the project to apply the require- ments of this manual. (Ord. 5526, 2-1-2010) 14. Continuation of Public Hearing: If for any reason testimony in any manner set for public hearing, or being heard, cannot be completed on date set for such hearing, the person presiding at such public hearing or meeting may, before adjournment or recess of such matters under consideration, publicly announce the time and place to and at which said meeting will be continued, and no further notice of any kind shall be required. (Ord. 3463, 8-11-1980; Amd. Ord. 4648, 1-6-1997; Ord. 4835, 3-27-2000; Ord. 5526, 2-1-2010) 15. Decision Process: a. The Administrator Shall An- nounce Findings and Decisions: Not more than thirty (30) days after the termi- nation of the proceedings of the public hearing on any variance, the Administra- tor shall announce the Administrator’s findings and decision. If a variance is granted, the record shall show such con- 4-9-250C (Revised 5/18)9 - 80 ditions and limitations in writing as the Administrator may impose. b. Notice of Decision of the Adminis- trator: Following the rendering of a deci- sion on a variance application, a copy of the written order by the Administrator shall be mailed to the applicant at the ad- dress shown on the application and filed with the Department of Community and Economic Development and to any other person who requests a copy thereof. c. Reconsideration: (Reserved) d. Record of Decision: Whenever a variance is approved by the Administra- tor, the Department shall forthwith make an appropriate record and shall inform the administrative department having ju- risdiction over the matter. (Amd. Ord. 4835, 3-27-2000; Ord. 5157, 9-26-2005; Ord. 5450, 3-2-2009; Ord. 5526, 2-1-2010; Ord. 5676, 12-3-2012) 16. Conditions of Approval: Conditions may be placed upon the variance if deemed to be necessary and required. (Amd. Ord. 4835, 3-27-2000; Ord. 5526, 2-1-2010; Ord. 5676, 12-3-2012) 17. Finalization: (Reserved) (Ord. 5526, 2-1-2010) 18. Expiration of Variance Approval: Any variance granted, unless otherwise specified in writing, shall become null and void in the event that the applicant or owner of the sub- ject property for which a variance has been requested has failed to commence construc- tion or otherwise implement effectively the variance granted within a period of two (2) years after such variance has been issued. For proper cause shown, an applicant may petition for an extension of the two (2) year period during the variance application review process, specifying the reasons for the re- quest. The time may be extended but shall not exceed one additional year in any event. (Amd. Ord. 4835, 3-27-2000; Ord. 4851, 8-7-2000; Ord. 5526, 2-1-2010; Ord. 5676, 12-3-2012) 19. Extension of Approval: For proper cause shown, an applicant may petition for an extension of the approved expiration period established per subsection B18 of this Sec- tion prior to the expiration of the time period, specifying the reasons for the request. The time limit may be extended, but such exten- sion shall not exceed one additional year in any event. (Ord. 3463, 8-11-1980; Amd. Ord. 4648, 1-6-1997; Ord. 4835, 3-27-2000; Ord. 4851, 8-7-2000; Ord. 5137, 4-25-2005; Ord. 5526, 2-1-2010; Ord. 5676, 12-3-2012; Ord. 5867, 12-11-2017) C. WAIVER PROCEDURES: 1. Authority for Waiver, General: (Re- served) 2. Authority for Waiver of Street Im- provements: The Administrator may grant waiver of the installation of street improve- ments subject to the determination that there is reasonable justification for such waiver. (Ord. 5156, 9-26-2005; Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012) 3. Application and Fee: Any application for such a waiver shall specify in detail the reason for such requested waiver and may contain such evidence including photographs, maps, and surveys as may be pertinent thereto. The application fee shall be as specified in RMC 4-1-170, Land Use Review Fees. 4. Decision Criteria, General: (Reserved) 5. Decision Criteria for Waivers of Street Improvements: Reasonable justification shall include but not be limited to the follow- ing: a. Required street improvements will al- ter an existing wetlands or stream, or have a negative impact on a shoreline’s area. b. Existing steep topography would make required street improvements in- feasible. c. Required street improvements would have a negative impact on other proper- ties, such as restricting available access. d. There are no similar improvements in the vicinity and there is little likelihood that the improvements will be needed or required in the next ten (10) years. 4-9-250D 9 - 80.1 (Revised 5/18) e. In no case shall a waiver be granted unless it is shown that there will be no det- rimental effect on the public health, safety or welfare if the improvements are not in- stalled, and that the improvements are not needed for current or future develop- ment. (Ord. 5137, 4-25-2005) D. MODIFICATION PROCEDURES: 1. Application Time and Decision Au- thority: Modification from standards, either in whole or in part, shall be subject to review and decision by the Planning/Building/Public Works Department upon submittal in writing of justification for such modification. (Amd. Ord. 4777, 4-19-1999) 2. Decision Criteria: Whenever there are practical difficulties involved in carrying out the provisions of this Title, the Department Administrator may grant modifications for in- dividual cases provided he/she shall first find that a specific reason makes the strict letter of this Code impractical, that the intent and pur- pose of the governing land use designation of the Comprehensive Plan is met and that the modification is in conformity with the intent and purpose of this Code, and that such mod- ification: a. Substantially implements the policy direction of the policies and objectives of the Comprehensive Plan Land Use Ele- ment and the Community Design Ele- ment and the proposed modification is the minimum adjustment necessary to implement these policies and objectives; b. Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by the Code requirements, based upon sound engineering judgment; c. Will not be injurious to other prop- erty(ies) in the vicinity; d. Conforms to the intent and purpose of the Code; e. Can be shown to be justified and re- quired for the use and situation intended; and f. Will not create adverse impacts to other property(ies) in the vicinity. (Ord. 4517, 5-8-1995; Ord. 4802, 10-25-1999; (Revised 5/18)9 - 80.2 This page left intentionally blank. 4-9-260 9 - 81 (Revised 3/13) Ord. 5100, 11-1-2004; Ord. 5137, 4-25-2005; Ord. 5369, 4-14-2008) E. ALTERNATE PROCEDURES: 1. Authority: The provisions of this Title are not intended to prevent the use of any mate- rial or method of construction or aquifer pro- tection not specifically prescribed by this Title, provided any alternate has been ap- proved and its use authorized by the Public Works Administrator. (Ord. 5450, 3-2-2009) 2. Decision Criteria: The Administrator may approve any such alternate, provided he/she finds that the proposed design and/or methodology is satisfactory and complies with the provisions of this Title and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Title in suitability, strength, effectiveness, durability, safety, maintainability and environmental protection. (Amd. Ord. 4851, 8-7-2000) 3. Substantiation: The Department Admin- istrator shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. (Amd. Ord. 4851, 8-7-2000) 4. Record of Decision: The details of any action granting approval of an alternate shall be written and entered in the files of the Code enforcement agency. (Ord. 4367, 9-14-1992; Ord. 5137, 4-25-2005) F. ABSENCE OF VALID SCIENTIFIC INFORMATION: Where there is an absence of valid scientific infor- mation or incomplete scientific information relat- ing to a critical area leading to uncertainty about the risk to critical area function of permitting an al- teration of or impact to the critical area, the deci- sion shall be based upon the following: 1. A “precautionary or a no-risk approach” that appropriately limits development and land use activities until the uncertainty is suf- ficiently resolved, or determine that protec- tion can be ensured by using an approach different from that derived from the best avail- able science; provided, that the applicant demonstrates on the record how the alterna- tive approach will protect the functions and values of the critical area; and 2. A required application of an effective adaptive management program that relies on scientific methods to evaluate how well regu- latory and nonregulatory actions protect the critical area. An adaptive management pro- gram is a formal and deliberate scientific ap- proach to taking action and obtaining information in the face of uncertainty. An adaptive management program shall: a. Address funding for the research component of the adaptive management program; b. Change course based on the results and interpretation of new information that resolves uncertainties; and c. Commit to the appropriate timeframe and scale necessary to reliably evaluate regulatory and nonregulatory actions af- fecting protection of critical areas and anadromous fisheries. (Ord. 5137, 4-25-2005; Ord. 5676, 12-3-2012) 4-9-260 VIOLATIONS OF THIS CHAPTER AND PENALTIES: Unless otherwise specified, violations of this Chapter are misdemeanors subject to RMC 1-3-1. (Ord. 4722, 5-11-1998; Amd. Ord. 4856, 8-21-2000; Ord. 5159, 10-17-2005) 10 - i (Revised 5/18) Chapter 10 LEGAL NONCONFORMING STRUCTURES, USES AND LOTS CHAPTER GUIDE: This Chapter contains the requirements for buildings, lots, and uses that do not match the current zoning requirements, but which existed before regulations were adopted or imple- mented. Special permit process requirements for nonconforming uses/structures conditional approval permits are found in chapter 4-9 RMC. Chapter 4-8 RMC should also be consulted for general proce- dural and submittal information. This Chapter last amended by Ord. 5869, December 11, 2017. SECTION PAGE NUMBER NUMBER 4-10-010 NONCONFORMING LOTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4-10-020 NONCONFORMING SITE DEVELOPMENT STANDARDS . . . . . . . . . . . . . . . 1 4-10-030 (Deleted by Ord. 5675, 12-3-2012) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4-10-040 CHANGE OF OWNERSHIP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4-10-050 NONCONFORMING STRUCTURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 A.Nonconforming Structures – General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1. Not Vacant or Left Abandoned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2. Unsafe Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3. Limits on Alterations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4. Limits on Enlargement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5. Limits on Restoration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 a. Single Family Dwellings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 b. Other Legal Nonconforming Structures . . . . . . . . . . . . . . . . . . . . . . . . . 3 B. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 C. Exemption Due to City Acquisition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4-10-060 NONCONFORMING USES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 A. Abandonment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 B. Relocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 C. Changes to a Different Nonconforming Use . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 D. Extension or Enlargement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 E Alterations to Legal Nonconforming Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.1 F. Restoration and Reestablishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.1 G.Amortization of Adult Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.1 H. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4.1 4-10-070 NONCONFORMING ANIMALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.1 A. Existing Legally Established Animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4.1 B. Animal Replacement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4.1 C. Nonconforming Rights Not Transferable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4.1 D. Abandonment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4.1 4-10-080 NONCONFORMING SIGNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.1 4-10-090 CRITICAL AREAS REGULATIONS – NONCONFORMING ACTIVITIES AND STRUCTURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.1 (Revised 5/18)10 - ii SECTION PAGE NUMBER NUMBER 4-10-095 SHORELINE MASTER PROGRAM, NONCONFORMING USES, ACTIVITIES, STRUCTURES, AND SITES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 A. Nonconforming Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 B. Nonconforming Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 C. Nonconforming Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 D. Pre-Existing Legal Lot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 E. Continuation of Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 F. Partial and Full Compliance, Alteration of an Existing Structure or Site . . . . . . . 5 1. Partial Compliance for Non-Single-Family Development. . . . . . . . . . . . . . . . 6 2. Partial Compliance for Single Family Development. . . . . . . . . . . . . . . . . . . . 9 4-10-100 VIOLATIONS OF THIS CHAPTER AND PENALTIES . . . . . . . . . . . . . . . . . . 11 4-10-020F 10 - 1 (Revised 5/18) 4-10-010 NONCONFORMING LOTS: Nonconforming lots may be developed and used if the proposed use is permitted in the zone, and the proposed development will comply with the remaining development standards for the zone and other land use and environmental require- ments, as applicable. (Ord. 5759, 6-22-2015) 4-10-020 NONCONFORMING SITE DEVELOPMENT STANDARDS: A. A nonconforming site shall not be altered unless the change conforms to the standards of this Title. B. Upon the restoration of a structure, com- menced by a complete building permit appli- cation within one year of damage caused by fire, explosion or other unforeseen circum- stances, valued to be greater than fifty per- cent (50%) of its assessed or appraised value, the site shall be brought into confor- mance with existing development standards; provided, however, that there shall be no limit on the restoration value of a single family dwelling if a complete building permit applica- tion is applied for within one year of damage. C. For remodels or other alterations of an existing structure made within any three (3) year period which together exceed one hun- dred percent (100%) of the assessed or ap- praised value of the existing structure, the site shall be brought into compliance with this Title. For remodels or other alterations within any three (3) year period which exceed thirty percent (30%) of the assessed or appraised value, but do not exceed one hundred per- cent (100%), proportional compliance shall be required, as provided in subsection E of this Section. Remodels or other alterations within any three (3) year period that do not exceed thirty percent (30%) of the assessed or appraised value shall not be required to comply with the requirements of this subsec- tion. Mandatory improvements for fire, life safety or accessibility, as well as replacement of mechanical equipment, do not count to- wards the cited monetary thresholds. D. Within any three (3) year period, upon expansion of any structure or complex of structures within a single site, which is over fifty percent (50%) of the existing floor area or building footprint, whichever is less, the site shall be brought into compliance with this Ti- tle. If the expansion is fifty percent (50%) or less, the site shall be brought into propor- tional compliance with existing development standards as provided in subsection E of this Section. E. Proportional Compliance: The re- quired physical site improvements to reduce or eliminate the nonconformity of the site shall be established by the following formula: 1. Divide the dollar value of the pro- posed structure improvements, exclud- ing mechanical equipment and mandatory improvements for life, safety, or accessibility, by the assessed or ap- praised value of the existing structure(s). 2. The monetary value of that percent- age is then multiplied by ten percent (10%). 3. The dollar value of this equation is then applied toward reducing the non- conformities. Example: • Value of existing structure(s) equals $100,000; • Value of proposed improvements equals $20,000; • 10% multiplied by $20,000 equals $2,000; • $2,000 would be applied toward re- ducing the nonconformities. 4. The Department shall determine the type, location and phasing sequence of the proposed site improvements. F. Exceptions: 1. Critical Areas Overlay: The provi- sions of this section do not apply to sites nonconforming to the requirements of RMC 4-3-050, Critical Areas Regula- tions. 2. Shoreline Master Program Regu- lations: The provisions of this section do not apply to sites nonconforming to the requirements of RMC 4-3-090, Shoreline 4-10-040 (Revised 5/18)10 - 2 Master Program Regulations. (Ord. 5869, 12-11-2017) 4-10-030 (Deleted by Ord. 5675, 12-3-2012) 4-10-040 CHANGE OF OWNERSHIP: Change of ownership, tenancy, or management of a nonconforming structure or use shall not af- fect its legal nonconforming status provided the provisions of this Chapter are met. (Ord. 4963, 5-13-2002) 4-10-050 NONCONFORMING STRUCTURES: A. NONCONFORMING STRUCTURES – GENERAL: Any legally established nonconforming structure may remain, although such structure does not conform to the provisions of this Title; provided, that: 1. Not Vacant or Left Abandoned: The nonconforming structure has not been vacant for more than one year, or has not been aban- doned; and 2. Unsafe Structures: The structure is kept in a safe and secure condition. 3. Limits on Alterations: The cost of alter- ations, remodels, or renovations of a legal nonconforming structure, except single family dwellings, shall not exceed an aggregate cost of forty percent (40%) in twelve (12) months or sixty percent (60%) in forty-eight (48) months of the value of the structure, based upon its most recent assessment or ap- praisal, unless the changes make the struc- ture more conforming, or are used to restore to a safe condition any portion of a structure declared unsafe by the Building Official. Man- datory improvements for fire, life safety or ac- cessibility, as well as replacement of mechanical equipment, do not count towards the cited monetary thresholds. Alterations, remodels, or restoration work shall not result in or increase any nonconforming condition unless permitted by subsection A4 of this Section, Limits on Enlargement. Noncon- forming single family dwellings may be re- placed, enlarged, altered, remodeled, or renovated, without limitation of cost, pursuant to current code requirements (e.g., height limits, lot coverage, density limits, setbacks, etc.), unless such actions would increase one or more nonconformity. 4. Limits on Enlargement: a. The structure shall not be enlarged unless the enlargement is conforming, except as identified in subsection A4b of this Section. b. Nonconforming enlargements may only be allowed at the discretion of the Administrator if: i. The enlargement is sited carefully to achieve compatible transition be- tween surrounding buildings, parking areas and other land uses; or ii. The enlargement does not sig- nificantly cause any adverse or un- desirable effects on the site or neighboring properties, or iii. The enlargement is confined to the projected footprint of a single- family dwelling. If the proposed en- largement is nonconforming with re- spect to zoning setbacks, and the enlargement will comply with this Section and all other development regulations, the enlargement may be allowed if it is located within the pro- jected footprint of the building. The projected footprint is determined with the criteria below by extending a line from and parallel to the furthest en- croaching portion(s) of the building. The enlargement is limited to the height of the qualifying encroach- ment, and any other applicable height limitation. For the purpose of determining the projected footprint, a qualifying encroachment shall: (a) Represent at least fifty per- cent (50%) of the building’s fa- cade; and (b) Be set back at least three feet (3') from any property line; and 4-10-050A 10 - 3 (Revised 5/18) (c) Not include any allowed setback projections, steps and/or decks, and encroachments permitted by a land use decision. (Ord. 5676, 12-3-2012; Ord. 5759, 6-22-2015) 5. Limits on Restoration: Nothing in this Chapter shall prevent the reconstruction, re- pairing, rebuilding and continued use of any nonconforming building or structure to its same size, location, and height when the structure is deemed unsafe by the Building Official, damaged by fire, explosion, or act of God, subject to the following conditions: a. Single Family Dwellings: Any le- gally established single family dwelling deemed unsafe by the Building Official, damaged by fire, explosion or an act of God, may be rebuilt to its same size, lo- cation, and height on the same site, sub- ject to all relevant fire and life safety codes without limitation on value. Resto- ration or reconstruction shall be initiated by a building permit application within one year of a fire, explosion, or an act of God. If a building permit application has not been submitted within one year from the date of the fire or other casualty, the structure shall be deemed abandoned and not allowed to be restored or recon- structed. b. Other Legal Nonconforming Structures: The work shall not exceed fifty percent (50%) of the latest assessed 4-10-050B (Revised 5/18)10 - 4 or appraised value of the building or structure at the time such damage oc- curred, otherwise any restoration or re- construction shall conform to the regulations specified in this Title; pro- vided, that restoration work is initiated by a building permit application within one year of a fire, explosion, or an act of God. If a complete building permit application has not been submitted within one year from the date of the fire or other casualty the structure shall be deemed aban- doned and not allowed to be restored or reconstructed. B. RESERVED: C. EXEMPTION DUE TO CITY ACQUISITION: No structure shall be considered nonconforming when the City’s acquisition of an interest in the property creates the nonconformity, such as through condemnation for a road widening. For the purposes of this exemption, signs shall not be considered a conforming structure. (Ord. 4963, 5-13-2002; Ord. 5559, 10-25-2010; Ord. 5601, 6-6-2011; Ord. 5647, 12-12-2011; Ord. 5869, 12- 11-2017) 4-10-060 NONCONFORMING USES: Any legally established use existing at the time of enactment of this Code may be continued, al- though such use does not conform to the provi- sions of this Title, provided it conforms with this Section. A. ABANDONMENT: A legal nonconforming use (of a building or prem- ises) that has been abandoned shall not thereaf- ter be resumed. A nonconforming use shall be considered abandoned when: 1. The intent of the owner to discontinue the use is apparent, and discontinuance for a pe- riod of one year or more shall be prima facie evidence that the nonconforming use has been abandoned, unless said use is being re- established pursuant to subsection F of this Section; or 2. It has been replaced by a conforming use; or 3. It has been changed to another noncon- forming use under permit from the City or its authorized representative. B. RELOCATION: A legal nonconforming use of a building or prem- ises that has been vacated and moved to another location, or discontinued, shall not be allowed to reestablish itself except in compliance with this Title. C. CHANGES TO A DIFFERENT NONCONFORMING USE: A nonconforming use (of a building or premises) shall not be changed to a different nonconforming use unless, through an Administrative Conditional Use Permit, the new use is shown to satisfy the criteria below. A replacement nonconforming use shall: 1. Reflect the nature and purpose of the preexisting nonconforming use, and be con- sidered to be the same or related use classi- fication; and 2. Be substantially similar or result in a lower impact in its effect on the surrounding neighborhood; and 3. Not increase the nonconformance of the use; and 4. Not create a new type of nonconfor- mance. D. EXTENSION OR ENLARGEMENT: This subsection shall not apply to single family dwellings that are nonconforming as to use, which may be enlarged subject to current code requirements (e.g., height limits, lot coverage, density limits, setbacks, parking, etc.). 1. A nonconforming use shall not be ex- tended or enlarged so as to occupy additional land area on the same or any other lot or par- cel, unless the nonconforming use is housed in part of a single-tenant building, in which case the use may be extended throughout the building, but the building shall not be en- larged; 2. A nonconforming use in a multi-tenant building shall not be expanded into space va- cated by other tenants; 4-10-090 10 - 4.1 (Revised 5/18) 3. A nonconforming use shall not be relo- cated in whole or in part to any other part of the parcel; and 4. No additional building, whether tempo- rary or permanent, shall be erected upon a property with a nonconforming use for pur- poses of expanding or extending a noncon- forming use. E. ALTERATIONS TO LEGAL NONCONFORMING USE: Except for a single family dwelling, alterations to a structure housing one or more legal noncon- forming uses are only permitted when they do not expand or enlarge the use(s) consistent with sub- section D of this Section, Extension or Enlarge- ment; and when the alteration does not increase the nonconformance of the use, nor create a new type of nonconformance. F. RESTORATION AND REESTABLISHMENT: Nothing in this Chapter shall prevent the reestab- lishment or continuance of a nonconforming use when the structure housing the nonconforming use is damaged by fire, explosion, or act of God; provided, that restoration work is initiated by a building permit application within one year of a fire, explosion, or an act of God. If a complete building permit application has not been submit- ted within one year from the date of the fire or other casualty, the use shall be deemed aban- doned and not allowed to be reestablished. G. AMORTIZATION OF ADULT USES: For amortization of legal nonconforming adult en- tertainment, activity, use, or retail use, see RMC 4-3-010E. H. RESERVED: (Ord. 4963, 5-13-2002; Ord. 5647, 12-12-2011; Ord. 5869, 12-11-2017) 4-10-070 NONCONFORMING ANIMALS: A. EXISTING LEGALLY ESTABLISHED ANIMALS: Those property owners or tenants whose animals complied with the applicable requirements of King County or other applicable animal-related regula- tions in effect at the time the animals were legally established on the property shall be allowed to keep the number and type of animals and in the same manner under which the animals were kept legally, provided they do not constitute a nuisance under RMC 1-3-3, Nuisances, and comply with the relevant provisions of RMC 4-4-010J and K. B. ANIMAL REPLACEMENT: Property owners or tenants who lose a legally es- tablished animal shall be allowed to replace the animal with a similar type of animal on the same property, provided the animal does not constitute a nuisance under RMC 1-3-3, Nuisances, and that they comply with the relevant provisions of RMC 4-4-010J and K. C. NONCONFORMING RIGHTS NOT TRANSFERABLE: Legal nonconforming rights are not attached to the property and, therefore, are not transferable from one property owner to another with the sale of the property. Exception: There is an exception to the prohibition of transfer only for extra large lot animals in those cases where an optional Addi- tional Animals Permit has been requested and is- sued and that permit expressly allows the transfer of nonconforming rights to subsequent purchas- ers. D. ABANDONMENT: If the keeping of nonconforming animals is aban- doned for a period of one (1) year or more, it shall not thereafter be resumed. (Ord. 4963, 5-13-2002; Ord. 5603, 6-6-2011) 4-10-080 NONCONFORMING SIGNS: See RMC 4-4-100D. (Ord. 4963, 5-13-2002) 4-10-090 CRITICAL AREAS REGULATIONS – NONCONFORMING ACTIVITIES AND STRUCTURES: A legally nonconforming, regulated activity or structure that was in existence or approved or (Revised 5/18)10 - 4.2 This page left intentionally blank. 4-10-095F 10 - 5 (Revised 12/11) vested prior to the passage of the Critical Area Regulations, RMC 4-3-050, and to which signifi- cant economic resources have been committed pursuant to such approval but which is not in con- formity with the provisions of RMC 4-3-050 may be continued; provided, that: 1. No such legal nonconforming activity or structure shall be expanded, changed, en- larged or altered in any way that infringes fur- ther on the critical area that increases the extent of its nonconformity with this Section without a permit issued pursuant to the provi- sions of RMC 4-3-050; 2. Except for cases of ongoing agricultural uses, if a nonconforming activity is discontin- ued pursuant to RMC 4-10-060, any resump- tion of the activity shall conform to this Section; 3. Except for cases of ongoing agricultural use, if a nonconforming use or activity or structure is destroyed by human activities or an act of God, it shall not be resumed or re- constructed except in conformity with the pro- visions of RMC 4-3-050, 4-10-050 and 4-10-060; 4. Activities or adjuncts thereof that are or become nuisances shall not be entitled to continue as nonconforming activities. (Ord. 4963, 5-13-2002; Ord. 5137, 4-25-2005) 4-10-095 SHORELINE MASTER PROGRAM, NONCONFORMING USES, ACTIVITIES, STRUCTURES, AND SITES: A shoreline use or development which was law- fully constructed or established prior to the effec- tive date of the applicable Shoreline Master Program, or amendments thereto, but which does not conform to present regulations or standards of the program, may be continued; provided, that: A. NONCONFORMING STRUCTURES: Nonconforming structures shall be governed by RMC 4-10-050, with the exception of docks and piers, which shall be governed by RMC 4-3-090E7, Piers and Docks, and shoreline stabi- lization structures, which shall be governed by RMC 4-3-090F4, Shoreline Stabilization. B. NONCONFORMING USES: Nonconforming uses shall be governed by RMC 4-10-060. C. NONCONFORMING SITE: A lot which does not conform to development reg- ulations on a site not related to the characteristics of a structure including, but not limited to, the veg- etation conservation, shoreline stabilization, land- scaping, parking, fence, driveway, street opening, pedestrian amenity, screening and other regula- tions of the district in which it is located due to changes in Code requirements, condemnation or annexation. D. PRE-EXISTING LEGAL LOT: Reserved. E. CONTINUATION OF USE: The continuation of existing use and activities does not require prior review or approval. Opera- tion, maintenance, or repair of existing legally es- tablished structures, infrastructure improvements, utilities, public or private roads, or drainage systems that do not require construction permits are allowed. Such improvements are only allowed if the activity does not modify the charac- ter, scope, or size of the original structure or facil- ity or increase the impact to, or encroach further within, the sensitive area or buffer and there is no increased risk to life or property as a result of the proposed operation, maintenance, or repair. Op- eration and maintenance includes vegetation management performed in accordance with best management practices that is part of ongoing maintenance of structures, infrastructure, or utili- ties; provided, that such management actions are part of regular and ongoing maintenance, do not expand further into the sensitive area, are not the result of an expansion of the structure or utility, and do not directly impact an endangered or threatened species. F. PARTIAL AND FULL COMPLIANCE, ALTERATION OF AN EXISTING STRUCTURE OR SITE: The following provisions shall apply to lawfully es- tablished uses, buildings and/or structures and related site development that do not meet the specific standards of the Shoreline Master Pro- gram. Alteration or expansion of existing struc- tures may take place with partial compliance with the standards of this Code, as provided below, provided that the proposed alteration or expan- sion will result in no net loss of shoreline ecologi- 4-10-095F (Revised 12/11)10 - 6 cal function. In no case shall a structure with a nonconforming setback from the shoreline be al- lowed to extend further waterward than the exist- ing structure. 1. Partial Compliance for Non-Sin- gle-Family Development: The following provisions shall apply to all development except single family: Alteration of an Existing Structure Compliance Standard AlterationWithoutExpansionExpansion or remodel that does not change the building footprint or increase impervious surface. No site changes required.Minor AlterationExpansion of building footprint by up to 500 sq. ft. or up to 10% (whichever is less); or •Install site improvements that protect the ecological functions and processes of the shoreline, consisting of either: Expansion of impervious surface by up to 1,000 sq. ft. or up to 10% (whichever is less); or o Partial compliance with Vegetation Conservation provisions of RMC 4-3-090F1, Vegetation Conservation, consisting of revegetation of a native community of at least 50% of the area between an existing building and the water’s edge; provided, that the area to be revegetated does not exceed 10 ft., unless a greater area is desired by the applicant, or Remodeling or renovation that equals less than 30% of the replacement value of the existing structures or improvements, excluding plumbing, electrical and mechanical systems and normal repair and maintenance. o An alternate mitigation proposal prepared by a qualified professional and approved by Administrator of the Department of Community and Economic Development or designee that would provide at least equal protection of ecological functions and processes as the full required* setback and buffer. •Remove over water structures that do not provide public access, or do not serve a water-dependent use. 4-10-095F 10 - 7 (Revised 12/11)Moderate AlterationExpansion of building footprint by more than 500 sq. ft. or between 10.1-25% (whichever is less); or •Install site improvements that protect the ecological functions and processes of the shoreline, consisting of either: Expansion of impervious surface by more than 1,000 sq. ft., or between 10.1-25% (whichever is less); or o Partial compliance with Vegetation Conservation provisions of RMC 4-3-090F1, Vegetation Conservation, consisting of revegetation of a native community of at least 80% of the area between an existing building and the water’s edge, or at least 10 ft., or Remodeling or renovation that equals 30.1-50% of the replacement value of the existing structures or improvements, excluding plumbing, electrical and mechanical systems and normal repair and maintenance. o An alternate mitigation proposal prepared by a qualified professional and approved by the Administrator of the Department of Community and Economic Development or designee that would provide at least equal protection of ecological functions and processes as the full required* setback and buffer. •Remove over water structures that do not provide public access, or do not serve a water-dependent use. •Piers and docks shall be required to replace any solid decking with light penetrating surfacing materials. Alteration of an Existing Structure Compliance Standard 4-10-095F (Revised 12/11)10 - 8 *The full buffer/setback as required in RMC 4-3-090D7a, Shoreline Bulk Standards, or as modified un- der RMC 4-3-090F1,Vegetation Conservation.Major AlterationExpansion of building footprint by more than 25%; or •Install site improvements that protect the ecological functions and processes of the shoreline, consisting of either: Expansion of impervious surface by more than 25%; or o Full compliance with Vegetation Conservation provisions of RMC 4-3-090F1, Vegetation Conservation, consisting of revegetation of a native community of the full required* buffer, or 100% of the area between an existing building and the water’s edge if the full buffer cannot be planted, or at least 10 ft., or Remodeling or renovation that equals more than 50% of the replacement value of the existing structures or improvements, excluding plumbing, electrical and mechanical systems and normal repair and maintenance. o An alternate mitigation proposal prepared by a qualified professional and approved by the Administrator of the Department of Community and Economic Development or designee that would provide at least equal protection of ecological functions and processes as the full required* setback and buffer. •Remove over water structures that do not provide public access, or do not serve a water-dependent use. •Piers and docks shall be required to replace any solid decking with light penetrating surfacing materials. •Developments with existing shoreline stabilization shall mitigate for the impacts of shoreline stabilization in one of the following ways: o Shoreline stabilization structures not conforming to, or otherwise permitted by, the provisions of this Code shall be reviewed and upgraded according to the standards of RMC 4-3-090F4aiii, Shoreline Stabilization Alternatives Hierarchy, or o An alternative mitigation proposal prepared by a qualified professional and approved by the Administrator of the Department of Community and Economic Development or designee that would identify near shore mitigation to improve shoreline function or values on-site, or o If the two alternatives above are infeasible, then the project proponent shall contribute to an off-site vegetation conservation fund, in accordance with RMC 4-3-090F1k. Alteration of an Existing Structure Compliance Standard 4-10-095F 10 - 9 (Revised 12/11) 2. Partial Compliance for Single Family Development: Lawfully con- structed single family homes built before the adoption of the Shoreline Master Pro- gram (October 24, 2011) shall be consid- ered conforming if expansion or replacement is consistent with the stan- dards below: Alteration of an Existing Structure Compliance Standard AlterationWithoutExpansionExpansion or remodel that does not change the building footprint or increase impervious surface. No site changes required.Minor AlterationExpansion of building footprint by up to 500 sq. ft. outside of the required* setback; or No site changes required. Expansion of impervious surface by up to 1,000 sq. ft. outside of the required* setback.Moderate AlterationExpansion of building footprint within the required* setback in any amount, or total expansion of 500 sq. ft. to 1,000 sq. ft.; or •Install site improvements that protect the ecological functions and processes of the shoreline, consisting of either: Expansion of impervious surface within the required* setback in any amount, or total expansion of 1,000 sq. ft. to 1,500 sq.ft. o Partial compliance with Vegetation Conservation provisions of RMC 4-3- 090F1, Vegetation Conservation, consisting of revegetation of a native community of at least 80% of the area between an existing building and the water’s edge; provided, that the area to be revegetated need not be more than 25% of the lot depth in feet, or o An alternate mitigation proposal prepared by a qualified professional and approved by the Administrator of the Department of Community and Economic Development or designee that would provide at least equal protection of ecological functions and processes as the full required* setback and buffer. •Docks shall be required to replace solid decking with light penetrating surfacing materials. 4-10-095F (Revised 12/11)10 - 10 *The full buffer/setback as required in RMC 4-3-090D7a, Shoreline Bulk Standards, or as modified un- der RMC 4-3-090F1, Vegetation Conservation. (Ord. 5633, 10-24-2011)Major AlterationExpansion of building footprint by more than 1,000 sq. ft., or •Install site improvements that protect the ecological functions and processes of the shoreline, consisting of either: Expansion of impervious surface by more than 1,500 sq. ft. o Full compliance with Vegetation Conservation provisions of RMC 4-3-090F1, Vegetation Conservation, consisting of revegetation of a native community of the full required* buffer, or 100% of the area between an existing building and the water’s edge if the full buffer cannot be planted, or o An alternate mitigation proposal prepared by a qualified professional and approved by the Administrator of the Department of Community and Economic Development or designee that would provide at least equal protection of ecological functions and processes as the full required* setback and buffer. •Docks shall be required to replace solid decking with light penetrating surfacing materials. •Developments with existing shoreline stabilization shall mitigate for the impacts of shoreline stabilization in one of the following ways: o Shoreline stabilization structures not conforming to, or otherwise permitted by, the provisions of this Code shall be reviewed and upgraded according to the standards of RMC 4-3-090F4aiii, Shoreline Stabilization Alternatives Hierarchy, or o An alternative mitigation proposal prepared by a qualified professional and approved by the Administrator of the Department of Community and Economic Development or designee that would identify near shore mitigation to improve shoreline function or values on-site, or o If the two alternatives above are infeasible, then the project proponent shall contribute to an off-site vegetation conservation fund, in accordance with RMC 4-3-090F1k. Alteration of an Existing Structure Compliance Standard 4-10-100 10 - 11 (Revised 12/11) 4-10-100 VIOLATIONS OF THIS CHAPTER AND PENALTIES: Unless otherwise specified, violations of this Chapter are misdemeanors subject to RMC 1-3-1. (Ord. 4963, 5-13-2002; Ord. 5137, 4-25-2005; Ord. 5159, 10-17-2005) 11 - i (Revised 5/18) Chapter 11 DEFINITIONS CHAPTER GUIDE: Definitions for terms used throughout this Title are primarily grouped in chapter 4-11 RMC. A few chapter-specific definitions can be found in individual chapters, but are cross-referenced here. This Chapter last amended by Ord. 5876, January 22, 2018. SECTION PAGE NUMBER NUMBER 4-11-010 DEFINITIONS A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4-11-020 DEFINITIONS B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4-11-030 DEFINITIONS C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4-11-040 DEFINITIONS D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4-11-050 DEFINITIONS E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 4-11-060 DEFINITIONS F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 4-11-070 DEFINITIONS G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 4-11-080 DEFINITIONS H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 4-11-090 DEFINITIONS I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 4-11-100 DEFINITIONS J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 4-11-110 DEFINITIONS K . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 4-11-120 DEFINITIONS L . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 4-11-130 DEFINITIONS M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 4-11-140 DEFINITIONS N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 4-11-150 DEFINITIONS O . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 4-11-160 DEFINITIONS P . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 4-11-170 DEFINITIONS Q . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36.1 4-11-180 DEFINITIONS R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36.2 4-11-190 DEFINITIONS S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38b 4-11-200 DEFINITIONS T . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 4-11-210 DEFINITIONS U . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 4-11-220 DEFINITIONS V . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 4-11-230 DEFINITIONS W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 4-11-240 DEFINITIONS X (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 4-11-250 DEFINITIONS Y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 4-11-260 DEFINITIONS Z . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 4-11-010 11 - 1 (Revised 5/16) For the purpose of this Title, the following words, terms, phrases and their derivations shall have the meaning given herein, unless the context oth- erwise indicates. 4-11-010 DEFINITIONS A: ABANDONMENT OF UNDERGROUND STOR- AGE FACILITIES: See RMC 4-5-120G. ABUTTING: Lots sharing common property lines or easements. ACCESS EASEMENT: See EASEMENT, AC- CESS. ACCESSORY BUILDING: A subordinate build- ing located upon the same lot occupied by a prin- cipal use or building with which it is customarily associated, but clearly incidental to. This defini- tion excludes accessory dwelling units. ACCESSORY DWELLING UNIT: See DWELL- ING UNIT, ACCESSORY. ACCESSORY USE, AGRICULTURE OR ANI- MAL HUSBANDRY: Subordinate and incidental uses, typically located upon the same lot, which support the agricultural or animal husbandry use of a site including, but not limited to the storage of agricultural products and equipment, and the sheltering of animals. ACCESSORY USE, COMMERCIAL/INDUSTRI- AL/PUBLIC/COMMUNITY FACILITY: A use typ- ically subordinate in size to the principal commercial, industrial, public, community facility, or other similar principal use; that would not con- tribute significantly to traffic generation, noise, or nuisance; and that supports the primary use oper- ation without displacing it. Uses are typically locat- ed upon the same lot occupied by a principal use. ACCESSORY USE, RESIDENTIAL: A subordi- nate use, which supports the principal residential use without displacing it, typically located upon the same lot occupied by the principal residential use with which it is customarily associated, but clearly incidental to. The accessory use is typi- cally subordinate in size and supports the princi- pal residential use without displacing it. ACT, SHORELINE MANAGEMENT: (This defini- tion for RMC 4-3-090, Shoreline Master Program Regulations, use only.) The Shoreline Manage- ment Act of 1971, chapter 90.58 RCW as amended. ACTIVE RECREATION: See RECREATION, ACTIVE. ACTIVITY: A happening associated with a use; the use of energy toward a specific action or pur- suit. Examples of shoreline activities include but are not limited to fishing, swimming, boating, dredging, fish spawning, wildlife nesting, or dis- charging of materials. Not all activities necessar- ily require a shoreline location. ADDITIONAL ANIMALS LICENSE: An annually renewed license issued by the Finance Depart- ment to individuals permitted to keep additional animals. ADDITIONAL ANIMALS PERMIT: A condition- ally granted permit for the keeping of household pets and/or domestic animals, when they are ac- cessory, at greater numbers than allowed out- right. For dogs, cats, and/or combinations of dogs and cats the maximum number allowable with this permit is six (6). Animals kept in small animal hos- pitals, clinics, pet shops, or grooming services are excluded from this definition. ADJACENT: Lots located across a street, rail- road, or right-of-way, except limited access roads. ADMINISTRATIVE HEADQUARTERS OFFICE: A use containing one or more of the day-to-day functions (e.g., management, payroll, information systems, inventory control) related to the opera- tion of a company or affiliated corporate group. ADMINISTRATOR: Unless otherwise specified in this Title, Administrator shall mean the Adminis- 4-11-010 (Revised 5/16)11 - 2 trator of the Department of Community and Eco- nomic Development or designee. ADULT DAY CARE/HEALTH: A program de- signed to meet the needs of adults with functional impairments through an individualized plan of care. It is a structured, comprehensive program that provides a variety of health, social, and re- lated support services in a protective setting during any part of a day for a minimum of four (4) hours, but less than twenty four (24) hour care. While beds may be provided for rest periods, adult day care/health uses are not intended to function as residential facilities. A number, where specified, is the maximum number of clients pres- ent at any one period of time during the program operation. Adult day care/health programs are subclassified as follows: A. Adult Day Care/Health Category I: A maxi- mum of four (4) clients upon a property containing a residential use; and a maximum of twelve (12) clients upon a property in nonresidential use. B. Adult Day Care/Health Category II: Five (5) or more clients upon a property containing a resi- dential use; and thirteen (13) or more clients upon a property in nonresidential use. ADULT ENTERTAINMENT BUSINESS: 1. Any enterprise which, for money or any other form of consideration, features “adult live entertainment” as defined herein; or 2. Any “adult motion picture theater” as de- fined herein; or 3. Any adult arcade containing individual viewing areas or stations or booths, where for money or any other form of consideration one or more still or motion picture projectors, slide projectors, or similar machines, or other im- age-producing machines are used to show films, motion pictures, video cassettes, slides or other photographic reproduction of speci- fied sexual activities or specified anatomical areas. ADULT FAMILY HOME: A state-licensed facility providing personal care, room and board within a dwelling unit to more than one person, but not more than four (4) adults, not related by blood or marriage to the person(s) providing the service. A maximum of six (6) adults may be permitted if the Washington State Department of Social and Health Services determines the home is of ade- quate size and the home and provider are capa- ble of meeting standards and qualifications as provided for in chapters 70.128 RCW and 388-76 WAC. ADULT LIVE ENTERTAINMENT: A person ap- pearing nude or a live performance which is char- acterized by specified sexual activities as defined in RMC 4-11-190. This definition includes, but is not limited to, peep shows. ADULT MOTION PICTURE THEATER: An en- closed building used for presenting motion picture films, video cassettes, cable television, or any other such visual media for observation by pa- trons there, distinguished or characterized by an emphasis on matter depicting, describing or relat- ing to specified sexual activities or specified ana- tomical areas. ADULT RETAIL USE: A retail establishment which, for money or any other form of consider- ation, either: (a) has as one of its principal pur- poses to sell, exchange, rent, loan, trade, transfer, and/or provide for viewing or use, off the premises, any adult-oriented merchandise; or (b) provides, as its substantial stock in trade, for the sale, exchange, rental, loan, trade, transfer, and/ or provide for viewing or use, off the premises, any adult-oriented merchandise. ADULT-ORIENTED MERCHANDISE: Any goods, products, commodities, or other wares, in- cluding but not limited to, videos, CD roms, DVDs, magazines, books, pamphlets, posters, cards, periodicals or nonclothing novelties, which depict, describe or simulate specified anatomical areas or specified sexual activities. This definition is not intended to include movies rated R by the Motion Picture Association of America or its suc- cessor organization. AFFORDABLE HOUSING: Housing reserved for occupancy as a primary residence by eligible households whose annual income does not ex- ceed eighty percent (80%) of the area median in- come for ownership housing or fifty percent (50%) for rental housing, adjusted for household size, as determined by the Department of Housing and Urban Development (HUD) for the Seattle Metro- politan Statistical Area, and who pay no more than thirty percent (30%) of household income for housing expenses. (Housing expenses for owner- ship housing include mortgage and mortgage in- surance, property taxes, property insurance, and 4-11-010 11 - 3 (Revised 8/17) homeowners’ dues. Housing expenses for rental housing include rent and appropriate utility allow- ance.) Affordable housing used to satisfy bonus density review criteria shall remain affordable for a duration specified in RMC 4-9-065, Density Bo- nus Review, to the satisfaction of the City Attor- ney. AGGRIEVED PARTY: A person seeking to pro- tect what must be “arguably within the zone of in- terests to be protected or regulated by the statute or constitutional guarantee in question” and must allege an “injury in fact,” i.e., that he or she will be specifically and perceptibly harmed by the pro- posed action. AGRICULTURE: Use of land for growing crops for sale or consumption, other than for home ag- riculture. This use includes the accessory uses for sales, packing, treating, or storing the pro- duce; provided, that the operation of the acces- sory use is clearly incidental to the agricultural activity. This definition includes but is not limited to produce farms, vineyards, and Christmas tree farms. This definition excludes nurseries and an- imal husbandry. AGRICULTURE, HOME: The accessory use of land to grow crops at a small or limited scale, for sale or consumption, when it occurs on the same site as the residence of the person primarily re- sponsible for the crops. AIR GAP: See RMC 4-6-100. AIRPLANE SALES AND REPAIR: Facilities where airplanes are displayed for sale and/or brought for repair services. AIRPORT COMPATIBLE LAND USE: Uses and structures within the Airport Influence Area that must be considered as to compatibility with avia- tion operations associated with the Renton Mu- nicipal Airport. AIRPORT HAZARD: Any structure, tree or use of land which obstructs the air space required for the flight of aircraft in landing or taking off at the air- port or is otherwise hazardous to landing or take- off of aircraft. AIRPORT INFLUENCE AREA: The area defined by the outer perimeter of “Safety Zone Six,” the Traffic Pattern Zone, on the Airport Influence Area Map (RMC 4-3-020F). AIRPORT, MUNICIPAL: The Renton Municipal Airport, a general aviation facility located in Renton, Washington. AIRPORT-RELATED USES: Uses that require proximity and access to an airport runway. ALLEY: A vehicular right-of-way not over thirty feet (30') wide which is not designed for general travel and primarily used as means of vehicular and pedestrian access to the rear of abutting properties. ANIMAL FOSTER CARE PROVIDER: A home- owner and/or tenant who cares for an animal or animals not considered their household pet/pets or domestic animal/animals on a temporary basis that is not longer than one hundred twenty (120) days per animal. ANIMAL HUSBANDRY: The raising of domestic animals other than common household pets. ANIMALS, DOMESTIC: Animals that have been bred to be tame, are dependent on human inter- vention for food and shelter, and are kept contin- ually at the premises of the owner. These animals are to include: large lot domestic animals, me- dium lot domestic animals, small lot domestic an- imals, and other animals as approved by the Community and Economic Development Admin- istrator. Bees, peafowl, and roosters are excluded from this definition. ANIMALS, DOMESTIC – EXTRA LARGE LOT: Livestock to include horses, donkeys, cows, lla- mas and other animals of similar size and charac- teristics as approved by the Development Services Division. ANIMALS, DOMESTIC – LARGE LOT: Animals that typically require a lot size of at least one acre; to include goats, pigs, and other animals of similar size and characteristics as approved by the De- velopment Services Division. ANIMALS, DOMESTIC – MEDIUM LOT: Animals that typically require at least twelve thousand five hundred (12,500) gross square feet of lot size; to include miniature goats that are smaller than twenty-four inches (24'') at the shoulder and/or not more than one hundred fifty (150) pounds in weight, sheep and other animals of similar size and characteristics as approved by the Develop- ment Services Division. 4-11-010 (Revised 8/17)11 - 4 ANIMALS, DOMESTIC – SMALL LOT: Animals that typically require at least four thousand five hundred (4,500) gross square feet of lot size; to include chickens, ducks, geese, pigeons, and other animals of similar size and characteristics as approved by the Development Services Divi- sion. APPEAL: A request for a review of any action pursuant to this Title, or of the interpretation of any provision of the Title by any City official. APPELLANT: A person, organization, associa- tion or other similar group who files a complete and timely appeal as set forth in Renton Municipal Code. APPLICANT: A person who files an application of permit under this Title and who is either the owner of the land on which that proposed activity would be located, a contract vendee, a lessee of the land, the person who would actually control and direct the proposed activity, or the authorized agent of such a person. APPROVED: See RMC 4-6-100. AQUACULTURE: The culture of farming of aquatic animals and plants. AQUIFER: A geological unit of porous and per- meable rock, sand or gravel capable of yielding usable amounts of water. AQUIFER PROTECTION AREA (APA): Shall be the portion of an aquifer within the zone of capture and recharge area for a well or well field owned or operated by the City, as defined in RMC 4-3-050B, Applicability – Critical Areas Designa- tions/Mapping, and depicted in RMC 4-3-050Q1, Maps, Aquifer Protection. AQUIFER PROTECTION AREA PERMIT: An au- thorization by the Department for a person to store, handle, treat, use or produce a hazardous material within an APA. The two (2) types of per- mits that will be issued pursuant to RMC 4-9-015, Aquifer Protection Areas Permits, and RMC 4-3-050, Critical Areas Regulations, are an oper- ating permit and a closure permit. ARTERIAL: A street classified as a principal arte- rial on the City’s Arterial Street Plan. ARTERIAL PASS-THROUGH TRAFFIC: Traffic that has neither an origin nor destination in an af- fected area which is diverted from an arterial road. ARTERIAL STREET: See STREET, ARTERIAL. ARTICULATION: The giving of emphasis to ar- chitectural elements (like windows, balconies, en- tries, etc.) that create a complementary pattern or rhythm dividing large buildings into smaller identi- fiable pieces. ARTIFICIAL CHANNEL: A stream channel that is entirely manmade but does not include relo- cated natural channels. ARTS AND CRAFTS SCHOOLS/STUDIOS: See SCHOOLS/STUDIOS, ARTS AND CRAFTS. ASSEMBLY AND PACKAGING OPERATIONS: A facility where pre-manufactured components are assembled to construct a product. Products may be packaged and moved off-site for whole- sale or retail sale. This use includes but is not lim- ited to assembly and packaging of computer, electronics, office equipment, chemicals and al- lied products, fabricated metal products, and other products. ASSISTED LIVING: A facility containing two (2) or more dwelling units where residents live in pri- vate units and receive assistance with limited as- pects of personal care, such as taking medication, bathing, or dressing. Staff is on duty twenty four (24) hours per day to ensure the wel- fare and safety of residents. Dwelling units in- clude a full kitchen (sink, oven or range, and refrigerator) or a kitchenette, a bathroom, a living area, and may include a call system. On the premises, facilities include: a professional kitchen, common dining room, recreation area(s), activity room, and a laundry area. Meals may be provided multiple times daily in a common dining area. This definition does not include: convales- cent centers, congregate residences, boarding and lodging houses, adult family homes, and group homes I and II. ATTIC: A finished or unfinished area, not consid- ered a story, located between the upper surface of the topmost floor and the ceiling or roof above, and having a floor-to-ceiling height of seven feet (7') or greater for an area that constitutes no more than fifty percent (50%) of the building footprint. AUTOMOBILE: See VEHICLE. 4-11-020 11 - 5 (Revised 8/17) AUXILIARY WATER SUPPLY: See RMC 4-6-100. AVERAGE DAILY TRAFFIC (ADT): The average number of motor vehicles crossing in one direc- tion per working day for any continuous thirty (30) day period. AVERAGE HORIZONTAL ILLUMINATION: The quantity of light measured at the pavement sur- face and averaged over the traveled lanes ex- pressed in foot-candles. AVIATION-RELATED USES: Uses that offer aeronautical services to the public or provide sup- port services to airport-related uses. AWNING: A shelter, typically for a pedestrian walkway, that projects from and is supported by the exterior wall of a building. Awnings have non- combustible frames, but may have combustible coverings. Awnings may be fixed, retractable, folding or collapsible. Any structure which ex- tends above any adjacent parapet or roof of a supporting building is not included within the defi- nition of awning. (Ord. 3891, 2-25-1985; Ord. 3981, 4-7-1986; Ord. 4346, 3-9-1992; Ord. 4367, 9-14-1992; Ord. 4521, 6-5-1995; Ord. 4522, 6-5-1995; Ord. 4636, 9-23-1996; Ord. 4651, 1-27-1997; Ord. 4680, 9-22-1997; Ord. 4716, 4-13-1998; Ord. 4720, 5-4-1998; Ord. 4821, 12-20-1999; Ord. 4827, 1-24-2000; Ord. 4828, 1-24-2000; Ord. 4851, 8-7-2000; Amd. Ord. 4963, 5-13-2002; Ord. 5100, 11-1-2004; Ord. 5124, 2-7-2005; Ord. 5137, 4-25-2005; Ord. 5153, 9-26-2005; Ord. 5201, 4-17-2006; Ord. 5286, 5-14-2007; Ord. 5356, 2-25-2008; Ord. 5387, 6-9-2008; Ord. 5450, 3-2-2009; Ord. 5470, 7-13-2009; Ord. 5473, 7-13-2009; Ord. 5520, 12-14-2009; Ord. 5603, 6-6-2011; Ord. 5633, 10-24-2011; Ord. 5640, 12-12-2011; Ord. 5675, 12-3-2012; Ord. 5676, 12-3-2012; Ord. 5726, 10-20-2014; Ord. 5791, 4-25-2016; Ord. 5841, 6-12-2017) 4-11-020 DEFINITIONS B: BACKFLOW: See RMC 4-6-100. BACKFLOW PREVENTER: See RMC 4-6-100. BACKGROUND AREA: The entire face of a sign upon which text and/or graphics could be placed. BACKSIPHONAGE: See RMC 4-6-100. BASE FLOOD: A flood having a one percent (1%) chance of being equaled or exceeded in any given year. Also referred to as the “one hundred (100) year flood.” Designation on flood maps al- ways includes the letters A or V. BASEMENT: Any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein. BASEMENT: (This definition for RMC 4-3-050, flood hazard regulations, use only.) Any area of the building having its floor subgrade (below ground level) on all sides. BED AND BREAKFAST HOUSE, ACCES- SORY: Overnight accommodations and a morn- ing meal in a dwelling unit with less than four (4) guest rooms provided to transients for compensa- tion. Accessory bed and breakfast houses are proprietor-occupied, or the proprietor lives on a contiguous property, and morning meals are pro- vided to the house residents and the overnight guests only. This definition does not include con- gregate residences, professional bed and break- fast houses, hotels, or motels. BED AND BREAKFAST HOUSE, PROFES- SIONAL: Overnight accommodations and a morning meal in a dwelling unit with four (4) to ten (10) guest rooms provided to transients for com- pensation. Professional bed and breakfast houses are proprietor-occupied, or the proprietor lives on a contiguous property, and morning meals are provided to the house residents and the overnight guests only. This definition does not include congregate residences, accessory bed and breakfast houses, hotels, or motels. BEDROCK: In-place subsurface material con- sisting of solid rock. BEEKEEPING: The management and mainte- nance of colonies of honeybees. BEST MANAGEMENT PRACTICES, WET- LANDS: Conservation practices or systems of practices and management measures that: 1. Control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxins and sediment; 4-11-020 (Revised 8/17)11 - 6 2. Minimize adverse impacts to surface wa- ter and groundwater flow, circulation pat- terns, and to the chemical, physical and biological characteristics of wetlands; and 3. Includes allowing proper use and storage of fertilizers/pesticides. BIG-BOX RETAIL: See RETAIL, BIG-BOX. BINDING SITE PLAN: A drawing as authorized by chapter 58.17 RCW and provided for in RMC 4-7-230 which: 1. Identifies and shows the areas and loca- tions of all streets, roads, improvements, util- ities, open spaces, and any other matters specified by RMC 4-8-120C, Submittal Re- quirements; and 2. Contains inscriptions or attachments set- ting forth such appropriate limitations and conditions for the use of the land as are es- tablished by the City; and 3. Contains provisions requiring site devel- opment to be in conformity with the approved binding site plan. BLOCK: A block consists of two (2) facing block fronts bounded on two (2) sides by alleys or rear property lines and on two (2) sides by the center- line of platted streets, with no other intersecting streets intervening. BLOCK FRONT: A block front is the frontage of property along one side of a street bound on three (3) sides by the centerline of platted streets and on the fourth side by an alley or rear property lines. BMPs: Best management practices, see supra, and RMC 4-6-100. BOARDING HOUSE: See CONGREGATE RES- IDENCE. BOAT LAUNCHING RAMP: A facility with an in- clined surface extending into the water which al- lows launching of boats directly into the water from trailers. BODY SHOP: An establishment which conducts any of the following operations: 1. Collision repair services, including body, frame or fender straightening, repair, or re- placement; and/or 2. Overall painting of vehicles or painting of vehicles in a paint shop, but excluding minor painting with an airbrush or roller brush uti- lized in customizing or detailing operations; and/or 3. Welding, molding, and similar operations conducted on vehicles. BREAKWATER: A protective structure, usually built off-shore for the purpose of protecting the shoreline or harbor area from wave action. BUFFER, CRITICAL AREA: A naturally vege- tated and undisturbed, enhanced, or revegetated area that surrounds and protects a critical area from adverse impacts to its functions and values, and/or which protects developed areas from po- tentially hazardous conditions. BUFFER, LANDSCAPE: Landscaped area used to physically separate or screen one use or prop- erty from another so as to visually shield or block views, noise, lights, or other potential nuisances. BUFFER, SHORELINES: A strip of land that is designated to permanently remain vegetated in an undisturbed and natural condition to protect an adjacent aquatic, riparian, or wetland site from upland impacts, to provide habitat for wildlife and to afford limited public access. Uses and activities within the buffer are extremely limited. 4-11-020 11 - 7 (Revised 8/17) BUILDABLE AREA: The portion of a lot or site, exclusive of required yard areas, setbacks, land- scaping or open space within which a structure may be built. BUILDING: As defined by the International Build- ing Code. BUILDING: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) Any structure having a roof intended to be used for the shelter or enclosure of persons, plants, animals or property. BUILDING CODE: The International Building Code, promulgated by the International Confer- ence of Building Officials, as adopted by this juris- diction. BUILDING COMPLEX, MULTIPLE: A group of structures housing more than one type of retail business, office or commercial venture and gen- erally under one ownership and control. BUILDING DRAIN: See RMC 4-6-100. BUILDING FACADE: That portion of any exterior elevation of a building extending from the grade to the top of the parapet wall or eaves, and the en- tire width of the building elevation. BUILDING FOOTPRINT: The area of a lot or site included within the surrounding exterior walls of a building or portion of a building, exclusive of courtyards. In the absence of surrounding exte- rior walls, the building footprint shall be the area under the horizontal projection of the roof. BUILDING HEIGHT: The measurement of build- ing height depends on the applicable zone, as fol- lows: 1. Within the RC, R-1, R-4, R-6, R-8, R-10, R-14, and RMF Zones: The verti- cal distance from grade plane to the high- est wall plate combined with the height of any portion of the structure that extends above the wall plate (e.g., roof, deck, etc.), excluding chimneys, ventilation stacks, and similar elements as deter- mined by the Administrator. 2. All Other Zones: The vertical dis- tance from grade plane to the average height of the highest roof surface. BUILDING, MULTI-OCCUPANCY: A single struc- ture housing more than one type of retail busi- ness, office or commercial venture and generally under one ownership and control. BUILDING OFFICIAL: The officer or other per- son charged with the administration and enforce- ment of the IBC and the building-related provisions of this Title, or his duly authorized dep- uty. BUILDING, SINGLE OCCUPANCY: A building occupied by a single tenant. A building is consid- ered to be “single occupancy” if: 1. It has only one occupant; and 2. It has no wall in common with another building; and 3. It has no part of its roof in common with another building. BULK STORAGE: See STORAGE, BULK. BULKHEAD: A vertical wall constructed of rock, concrete, timber, sheet steel, gabions, or patent system materials. Rock bulkheads are often termed “vertical rock walls.” Seawalls are similar to bulkheads, but more robustly constructed. BUOY: A floating object anchored in a lake, river, etc., to warn of rocks, shoals, etc., or used for boat moorage. 4-11-030 (Revised 8/17)11 - 8 BUSINESS FACADE: That portion of an exterior building wall owned or leased by a business. (Ord. 3719, 4-11-1983; Ord. 4071, 6-1-1987; Ord. 4346, 3-9-1992; Ord. 4651, 1-27-1997; Ord. 4715, 4-6-1998; Ord. 4716, 4-13-1998; Ord. 4720, 5-4-1998; Ord. 4835, 3-27-2000; Ord. 4851, 8-7-2000; Ord. 4954, 2-11-2002; Amd. Ord. 4963, 5-13-2002; Ord. 5124, 2-7-2005; Ord. 5137, 4-25-2005; Ord. 5153, 9-26-2005; Ord. 5355, 2-25-2008; Ord. 5450, 3-2-2009; Ord. 5474, 7-13-2009; Ord. 5478, 8-3-2009; Ord. 5576, 11-15-2010; Ord. 5633, 10-24-2011; Ord. 5640, 12-12-2011; Ord. 5676, 12-3-2012; Ord. 5790, 4-25-2016; Ord. 5841, 6-12-2017) 4-11-030 DEFINITIONS C: CALIPER: The diameter of any tree trunk as mea- sured at a height of four and one-half feet (4-1/2') above the ground on the upslope side of the tree. CANOPY, BUILDING: A rigid multi-sided struc- ture 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 par- apet or roof of supporting building is not included within the definition of building canopy. CAR: See VEHICLE. CAR WASH: A structure with machine-operated or hand-operated facilities used principally for the cleaning, washing, polishing, or waxing of motor vehicles. CARD ROOM: A use governed pursuant to the provisions of chapter 9.46 RCW, 1973 Gaming Act, and licensed by the Washington State Gam- bling 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 as- sociated with the primary use. CARETAKER’S RESIDENCE: A dwelling unit lo- cated on the site of a nonresidential use and oc- cupied only by a caretaker or guard employed on the premises, and consisting of only one resi- dence per permitted establishment. CARPOOL: A group of people traveling to the same or relatively nearby locations in the same vehicle. CARPORT: A roofed structure, enclosed on less than three sides, without interior parking aisles, for the purpose of storing motor vehicles. CEMETERY: Property used for interring of the dead. This definition includes accessory build- ings, crematories, and mausoleums. CENTER, EMPLOYMENT: An area of higher in- tensity uses that typically employ thousands of people that is contained by a boundary to prevent it from encroaching on adjacent areas and/or neighborhoods. CERTIFIED: A facility and staff qualified and able to provide certain tests and measurements relat- ing to specific tasks and based upon established standards. CIRCULATION: The movement of passengers or goods to, from, over, or along a transportation corridor. CITY COUNCIL: The City Council of the City of Renton, Washington. 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. CIVIL ENGINEER: A professional engineer regis- tered in the State to practice in the field of civil works. 4-11-030 11 - 9 (Revised 5/18) CLEAR VISION AREA: The area bounded by the street property lines of corner lots and a line join- ing points along said street lines twenty feet (20') from their point of intersection. CLOSED RECORD APPEAL: An administrative appeal on the record to a local government body or officer including the legislative body, following an open record hearing on a project permit appli- cation when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed. CLOSURE OF UNDERGROUND STORAGE FACILITIES: See RMC 4-5-120G. CLUSTER DEVELOPMENT: A residential subdi- vision comprised of a grouping of single family dwellings on small lots designed to include signif- icant open space or preserve significant natural features, which are commonly held by the resi- dents, in exchange for modifications to certain de- velopment standards (e.g., lot dimensions, setbacks, and building standards). COLLECTION POINT: In multiple family resi- dences, commercial, industrial and other nonres- idential developments, the exterior location designation for garbage and recyclables collec- tion by the City’s contractor or other authorized haulers. COLLECTOR STREET: See STREET, COLLEC- TOR. COMBINED PUBLIC DETENTION: A stormwa- ter detention system designed to accommodate runoff from both public streets and private prop- erty. COMBINED SEWER: See RMC 4-6-100. 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. COMMERCIAL USE: A type of land use that in- cludes commercial office activities, services and/ or retail sales. 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 struc- tures and improvements as are necessary and appropriate. 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 mes- sages. This definition excludes all terms related to wireless communication facilities. 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 out- door recreation including: picnic areas, view points, water craft launch facilities, and may also include other similar features. COMMUNITY AND ECONOMIC DEVELOP- MENT ADMINISTRATOR: The Administrator of the Department of Community and Economic De- velopment or designee. COMMUNITY HEALTH ENGAGEMENT LOCA- TION (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 es- tablished or activities undertaken for the above- 4-11-030 (Revised 5/18)11 - 10 defined purpose, irrespective of how the use or activity is described. A CHEL may also be re- ferred to as a medically supervised injection cen- ter, supervised injection site or facility, safe injection site, fix room, or drug consumption facil- ity. COMPACTION: The densification of an earthen fill by mechanical means. COMPENSATION PROJECT: Actions necessary to replace project-induced wetland and wetland buffer losses, including land acquisition, planning, construction plans, installation, monitoring and contingency actions. COMPENSATORY MITIGATION: Replacing project-induced wetland losses or impacts, in- cluding, but not limited to wetlands restoration and creation, and wetland enhancement in con- junction with wetlands restoration or creation. COMPLETE APPLICATION: Unless waived by the Community and Economic Development Ad- ministrator, the requirements for a full complete land use, building, or public works permit applica- tion 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. 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 ad- opted by the City Council in accordance with chapter 35.63 RCW. CONCEPTUAL PLAN: A development tool de- signed to provide a comprehensive overview of proposed uses, site layout, infrastructure con- cepts, phasing and amenities. A conceptual plan approval establishes conditions with which all concurrent and subsequent land use approvals within its geographic area must comply, unless the conceptual plan itself is amended. It also pro- vides 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. CONDITIONAL USE, SHORELINE: (This defini- tion 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 ap- plicable Master Program. 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 declara- tion and a survey map and plans have been re- corded pursuant to chapter 64.32 RCW. CONDOMINIUM CONVERSIONS: The filing of a declaration pursuant to the Horizontal Property Regimes Act, of the sale by a developer of condo- minium units that were previously rental units. CONFERENCE CENTERS: Facilities where large gatherings of people converge to meet on a variety of subjects. These facilities are character- ized by one large space where exhibits are set up and numerous adjoining meeting rooms. This definition excludes sports arenas, auditoriums, and exhibition halls. CONGREGATE RESIDENCE: Any building or portion thereof that contains facilities for living, sleeping and sanitation and may include facilities for eating and cooking for occupancy for other than a family. A congregate residence may in- clude a boarding house, but does not include a group home I or II, convalescent center, jail, hotel, motel or secure community transition facility. (Amd. Ord. 4982, 9-23-2002) CONSERVANCY: A Shoreline Master Program land use designation identifying an area to be managed in essentially its natural state while pro- viding for a moderate to low intensity of land uses surrounding the area. CONSTRUCTION ACTIVITIES: Construction and all activities associated with construction, to include, but not be limited to, construction, re- modeling, 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 in- cluding, but not limited to, public works construc- tion permits, building permits, and mining, excavation, and grading permits and licenses. CONSTRUCTION/CONTRACTOR’S OFFICE: An area where a construction contractor main- tains its office, as well as storage for equipment 4-11-030 11 - 11 (Revised 5/18) and materials, for the construction and landscap- ing trades. 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. CONTAINMENT DEVICE: A device that is de- signed to contain an unauthorized release, retain it for cleanup and prevent released materials from penetrating into the ground. CONTAMINANT: See RMC 4-6-100. CONTIGUOUS PROPERTIES: Properties shar- ing a property line. CONTINUOUS MONITORING: See RMC 4-5-120G. CONVALESCENT CENTER: A facility licensed by the State for patients who are recovering health and strength after illness or injury, or re- ceiving long-term care for chronic conditions, dis- abilities, or terminal illnesses. Facilities provide twenty-four (24) hour supervised nursing care and feature extended treatment that is adminis- tered by a skilled nursing staff. Typically, resi- dents 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 institu- tions, and/or secure community transition facili- ties. CONVERTED BUILDING: Any condominium or cooperative which formerly contained rental dwelling units. COOPERATIVE: Any existing structure, including surrounding land and improvements, which con- tains 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 res- ident shareholders who are granted renewable leasehold interests in housing units in the building. COOPERATIVE UNIT: Any dwelling unit in a co- operative. COPY: The graphic content of a sign surface in either permanent or removable letter, picto- graphic, symbolic, or alphabetic form. CORNER LOT: See LOT TYPES; Lot, Corner. CORRIDOR: A strip of land forming a passage- way between two (2) otherwise separate parts. COUNTY AUDITOR: As defined in chapter 36.22 RCW or the office of the person assigned such duties under the King County Charter. 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. 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 in- clude, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency re- sponse installations, and facilities that produce, use or store hazardous materials or hazardous waste. CRITICAL HABITAT or CRITICAL WILDLIFE HABITAT: Habitat areas associated with threat- ened, endangered, sensitive, monitored, or prior- ity species of plants or wildlife and which, if altered, could reduce the likelihood that the spe- cies would maintain and reproduce over the long term. See also RMC 4-3-050K. CROSS CONNECTION: See RMC 4-6-100. CUL-DE-SAC: A vehicular turn-around at the end of a dead end street. 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 defini- tion excludes adult entertainment businesses, dance halls; dance clubs; religious institutions; and gaming/gambling facilities. CURB: A vertical curb and gutter section con- structed from concrete. (Ord. 2820, 1-14-1974; Ord. 4056, 4-13-1987; Ord. 4346, 3-9-1992; Ord. 4351, 5-4-1992; Ord. 4426, 11-8-1993; Ord. 4521, 6-5-1995; Ord. 4-11-040 (Revised 5/18)11 - 12 4522, 6-5-1995; Ord. 4587, 3-18-1996; Ord. 4649, 1-6-1997; Ord. 4691, 12-1-1997; Ord. 4715, 4-6-1998; Ord. 4716, 4-13-1998; Ord. 4720, 5-4-1998; Ord. 4835, 3-27-2000; Ord. 4851, 8-7-2000; Ord. 4854, 8-14-2000; Amd. Ord. 4963, 5-13-2002; Ord. 4982, 9-23-2002; Ord. 5028, 11-24-2003; Ord. 5124, 2-7-2005; Ord. 5125, 2-28-2005; Ord. 5137, 4-25-2005; Ord. 5387, 6-9-2008; Ord. 5633, 10-24-2011; Ord. 5675, 12-3-2012; Ord. 5676, 12-3-2012; Ord. 5749, 1-12-2015; Ord. 5872, 12-11-2017) 4-11-040 DEFINITIONS D: DANCE CLUB: Any facility, restricted to adults over twenty one (21) years of age, at which danc- ing occurs, as a primary form of entertainment. This definition excludes adult entertainment busi- nesses, entertainment clubs, and gaming/gam- bling facilities, dance halls and other establish- ments conducting public dances as defined in RMC 5-13-1. DANCE HALL: Any place where a public dance, as defined in RMC 5-13-1, is conducted without restriction on age, or restricted to minors only. Dance halls are further regulated under RMC Ti- tle 5 and require a license to operate. This defini- tion excludes adult entertainment businesses, dance clubs, entertainment clubs, and gaming/ gambling facilities. DANGEROUS BUILDING: As defined by the “Uniform Code for the Abatement of Dangerous Buildings.” DAY CARE CENTER: A day care operation li- censed by the State of Washington (WAC 388-73-014), for thirteen (13) or more children in any twenty four (24) hour period, or any number of children in a nonresidential structure. This defi- nition does not include adult day care/health. DAY CARE, FAMILY, HOME: A day care opera- tion licensed by the State of Washington (WAC 388-73-014), caring for twelve (12) or fewer chil- dren in any twenty four (24) hour period within the caregiver’s place of residence. DAYLIGHTING: Restoration of a culverted or bur- ied watercourse to a surface watercourse. DEDICATION: A deliberate appropriation of land by its owner for any general and public uses, re- serving to himself/herself no other rights than such as are compatible with the full exercises and enjoyment of the public uses to which the prop- erty has been devoted. DEED OF DEDICATION: A formal dedication of right-of-way or easement to the City, to be ap- proved by City Council, the Hearing Examiner, the Public Works Administrator or designee, or the Community and Economic Development Ad- ministrator or designee. DEMOLITION WASTE: Solid waste resulting from the demolition or razing of buildings, roads and other human-made structures. Demolition waste includes, but is not limited to, concrete, brick, bituminous concrete, wood and masonry, composition roofing and roofing paper, steel, and minor amounts of other metals like copper. DENSITY, GROSS: A measure of population, housing units, or building area related to land area, and expressed as a ratio, i.e., one dwelling unit per acre, or one thousand (1,000) people per square mile. DENSITY, NET: A calculation of the number of housing units and/or lots that would be allowed on a property after critical areas, i.e., very high land- slide hazard areas, protected slopes (except evaluate on a case-by-case basis those protected slopes created by previous development), wet- lands, Class 1 to 4 streams and lakes, or flood- ways, and public rights-of-way and legally recorded private access easements, are sub- tracted from the gross area (gross acres minus streets and critical areas multiplied by allowable housing units per acre). Developments meeting the definition of a shopping center are not re- quired to deduct areas within access easements from the gross site area for the purpose of calcu- lating net density. Required critical area buffers, streams that have been daylighted including re- stored riparian and aquatic areas, public and pri- vate alleys, unit lot drives, drives, joint use driveways (and the access easements upon them), and trails shall not be subtracted from gross acres for the purpose of net density calcu- lations. All fractions which result from net density calculations shall be truncated at two (2) numbers past the decimal (e.g., 4.5678 becomes 4.56). Calculations for minimum or maximum density which result in a fraction that is one-half (0.50) or greater shall be rounded up to the nearest whole number. Those density calculations resulting in a 4-11-040 11 - 12.1 (Revised 5/18) fraction that is less than one-half (0.50) shall be rounded down to the nearest whole number. DEPARTMENT: The Department of Community and Economic Development of the City of Renton, unless otherwise specified. DEPARTMENT ADMINISTRATOR: See ADMIN- ISTRATOR. (Revised 5/18)11 - 12.2 This page left intentionally blank. 4-11-040 11 - 13 (Revised 8/16) DESIGNATED ZONE FACILITY: Any hazardous waste treatment and storage facility that requires an interim or final status permit under rules ad- opted under chapter 70.105 RCW and that is not a “preempted facility” as defined in RCW 70.105.010. DETENTION/RETENTION FACILITIES: Facili- ties designed either to hold runoff for a short pe- riod of time and then release it to the point of discharge at a controlled rate or to hold water for a considerable length of time during which the volume is reduced through evaporation, evapo- transpiration by plants, or infiltration into the ground. DETERMINATION OF NONSIGNIFICANCE (DNS): The written decision by the responsible official of the lead agency that a proposal is not likely to have a significant adverse environmental impact, and therefore an EIS is not required (WAC 197-11-310 and 197-11-340). The DNS form is in WAC 197-11-970. DETERMINATION OF NONSIGNIFICANCE, MITIGATED (MDNS): A DNS that includes miti- gation measures and is issued as a result of the process specified in WAC 197-11-350. DETERMINATION OF SIGNIFICANCE (DS): The written decision by the responsible official of the lead agency that a proposal is likely to have a sig- nificant adverse environmental impact, and there- fore an EIS is required (WAC 197-11-310 and 197-11-360). The DS form is in WAC 197-11-980 and must be used substantially in that form. DEVELOPABLE AREA: Land area outside of critical areas, critical area buffers, and public rights-of-way that is otherwise developable. DEVELOPMENT: The division of a parcel of land into two (2) or more parcels; the construction, re- construction, conversion, structural alteration, re- location or enlargement of any structure; any mining, excavation, landfill or land disturbance and any use or extension of the use of land. DEVELOPMENT: (This definition for RMC 4-3-050, flood hazard regulations, use only.) Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or stor- age of equipment or materials located within the area of special flood hazard. DEVELOPMENT: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) A use consisting of the construction of exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel or minerals; bulkheading; driving of piling; placing of obstructions; or any other projects of a permanent or temporary nature which interferes with the nor- mal public use of the surface of the waters over- lying lands subject to the Act at any state of water level. DEVELOPMENT AGREEMENT: A recorded contract entered into by the city and an applicant setting forth development standards and other provisions governing and vesting a development or use for a duration of time specified in the con- tract. May be used to obligate an applicant to fund or provide services, infrastructure, or other facili- ties. DEVELOPMENT PERMIT: Written permission af- ter appropriate review for type of application from the appropriate decision-maker authorizing the division of a parcel of land, the construction, re- construction, conversion, structural alteration, re- location or enlargement of any structure, utility, or any use or extension of the use of the land. DEVELOPMENT REGULATIONS (for vesting purposes): The following controls placed on de- velopment or land use activities by the City, in- cluding but not limited to: Comprehensive Plan Policies, zoning regulations, subdivision regula- tions, shoreline management regulations, road design standards, site development regulations, sign regulations, critical areas regulations, and all regulations and land use controls that must be satisfied as a prerequisite to obtaining approval of an application for development. For the purposes of this definition, construction and utility regula- tions such as stormwater standards and erosion/ sediment control requirements contained in RMC Title IV, Development Regulations, building stan- dards, fire standards, sewer utility standards, and Health Department standards are not considered development regulations or land use controls. RMC Title IV processes and procedures are not considered development regulations or land use controls. DEVELOPMENT SERVICES DIRECTOR: The Director of the Development Services Division of the Department of Community and Economic De- velopment or designee. 4-11-040 (Revised 8/16)11 - 14 DISPLAY SURFACE: The area made available by the sign structure for the purpose of displaying the advertising message. DISPLAY WINDOW: A window in a building fa- cade intended for nonpermanent display of goods and merchandise. DIVERSION FACILITY: A facility which provides community crisis services, whereby individuals are diverted from jails, hospitals or other treat- ment options due to mental illness or chemical dependency. DIVERSION INTERIM SERVICE FACILITY: A fa- cility which provides interim or respite services, such as temporary shelter, medical/mental health treatment, case management or other support options such as transportation arrangements for patients referred to such a facility from a diversion facility. DOCK: A fixed or floating platform extending from the shore over the water. DOUBLE CHECK VALVE ASSEMBLY: See RMC 4-6-100. DOUBLE-WALLED: See RMC 4-5-120G. DOWNTOWN BUSINESS DISTRICT: Those uses, buildings, and walkways within the area mapped in RMC 4-2-080D. In general, the area is bounded at the north by parcel lines near South Second Street, at the east by the Cedar River and I-405, at the south by parcel lines near South Fourth Street and parcel lines along South Third Street, and at the west by parcels along Burnett Avenue South and Shattuck Avenue South. DRAINAGE AREA: The total area whose drain- age water flows to and across the subject property. DREDGING: The removal of earth from the bot- tom or banks of a body of water. DRIP LINE: A tree’s drip line shall be described by a line projected to the ground from the outer edge of the tree canopy delineating the outermost extent of foliage in all directions and coinciding with the area of the root mass. DRIVE-IN/DRIVE-THROUGH RETAIL OR SER- VICE: A business or a portion of a business where a customer is permitted or encouraged, ei- ther by the design of physical facilities or by ser- vice and/or packaging procedures, to carry on business in the off-street parking or paved area accessory to the business, while seated in a mo- tor 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 services at fast-food restau- rants, espresso stands, and banks and pharma- cies. This definition excludes vehicle service and repair, vehicle fueling stations, and car washes. DROP-OFF ZONE: A sidewalk area abutting a street intended for passengers to enter or exit ve- hicles that are temporarily parked for that purpose. DWELLING, ATTACHED: A dwelling unit con- nected to one or more dwellings by common roofs, walls, or floors or a dwelling unit or units attached to garages or other nonresidential uses. This defi- nition does not include assisted living, boarding and lodging houses, accessory dwelling units, adult family homes, group home I or group home II as defined herein. Attached dwellings include the following types: A. Flat: A residential building containing two (2) or more dwelling units which are attached at one or more common roofs, walls, or floors. Typically, the unit’s habitable area is provided on a single level. Unit entrances may or may not be provided from a common corridor. B. Townhouse: A one-family, ground-related dwelling attached to one or more such units in which each unit has its own exterior, ground-level access to the outside, no unit is located over an- other unit, and each unit is separated from any other unit by one or more vertical common walls. Townhouse units may be multi-story. C. Carriage House: One or more dwelling units attached to a garage. The garage attached to the carriage house typically contains vehicles and/or storage for people living in another building as well as occupants of the carriage house. D. Penthouse: A single dwelling unit located at or near the top of a building containing other, non- residential uses. E. Garden Style Apartment: A dwelling unit that is one of several stacked vertically, with exte- rior stairways and/or exterior corridors and surface parking. Parking is not structured and may include detached carports or garages. Buildings and building entries are oriented toward internal drive 4-11-050 11 - 15 (Revised 5/18) aisles and/or parking lots and not street frontage. There is typically no formal building entry area connected to a public sidewalk and a public street. Site planning may incorporate structures devel- oped at low landscaped setbacks. DWELLING, DETACHED: A building containing one dwelling unit which is not attached to any other dwelling by any means except fences, has a permanent foundation, and is surrounded by open space or yards. Also called a single family dwelling. This definition does not include acces- sory dwelling units. DWELLING UNIT: A structure or portion of a structure designed, occupied or intended for oc- cupancy as separate living quarters with cooking, sleeping and sanitary facilities provided for the exclusive use of a single household. DWELLING UNIT, ACCESSORY: An indepen- dent subordinate dwelling unit that is located on the same lot, but not within a single family dwell- ing. This may include units over detached ga- rages. DWELLING UNIT, ATTACHED: A building con- taining more than one dwelling unit. This defini- tion includes attached dwellings and assisted living. This definition does not include boarding and lodging houses, accessory dwelling units, adult family homes, group home I, or group home II. (Ord. 2520, 11-17-1969; Ord. 2698, 3-6-1972; Ord. 3891, 2-25-1985; Ord. 4346, 3-9-1992; Ord. 4351, 5-4-1992; Ord. 4367, 9-14-1992; Ord. 4466, 8-22-1994; Ord. 4521, 6-5-1995; Ord. 4522, 6-5-1995; Ord. 4637, 9-14-1992; Ord. 4671, 7-21-1997; Ord. 4716, 4-13-1998; Ord. 4773, 3-22-1999; Ord. 4835, 3-27-2000; Ord. 4851, 8-7-2000; Amd. Ord. 4963, 5-13-2002; Ord. 4999, 1-13-2003; Ord. 5100, 11-1-2004; Ord. 5124, 2-7-2005; Ord. 5137, 4-25-2005; Ord. 5192, 1-23-2006; Ord. 5286, 5-14-2007; Ord. 5387, 6-9-2008; Ord. 5392, 6-23-2008; Ord. 5473, 7-13-2009; Ord. 5474, 7-13-2009; Ord. 5520, 12-14-2009; Ord. 5577, 11-15-2010; Ord. 5607, 6-6-2011; Ord. 5648, 12-12-2011; Ord. 5650, 12-12-2011; Ord. 5675, 12-3-2012; Ord. 5676, 12-3-2012; Ord. 5749, 1-12-2015; Ord. 5757, 6-1-2015; Ord. 5804, 5-23-2016; Ord. 5818, 10-17-2016; Ord. 5867, 12-11-2017) 4-11-050 DEFINITIONS E: EARLY NOTICE: See RMC 4-9-070R. EARTH MATERIAL: Any rock, natural soil or fill and/or any combination thereof. EASEMENT: A grant by the property owner for the use or protection of a piece of land by the pub- lic, corporation, or persons for specific purposes. A. Easement, Access: An easement created for the purpose of providing vehicular or pedes- trian access to a property. B. Easement, Conservation: An easement held by the City, a public or nonprofit entity ap- proved by the City, or by the property owner for the express purpose of protecting and conserving critical areas and their buffers. EATING AND DRINKING ESTABLISHMENT: A retail establishment selling food and/or drink for consumption on the premises or for take-out, in- cluding accessory on-site food preparation. This definition includes, but is not limited to, restau- rants, cafes, and microbrew establishments. This definition excludes taverns; mobile food vending; fast food; entertainment clubs; dance clubs; and/ or dance halls. 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 fi- nancial gain. EDUCATION INSTITUTION, HIGHER, OTHER: A public or private school, college or university that provides post-secondary professional educa- tion 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. EDUCATIONAL INSTITUTIONS (PUBLIC OR PRIVATE), EXISTING K-12: An existing public or private school encompassing grades K-12. EDUCATIONAL INSTITUTIONS (PUBLIC OR PRIVATE), NEW K-12: A new public or private school encompassing grades K-12. ELECTRICAL POWER GENERATION AND CO- GENERATION: Electrical power generation is the production of electricity for consumption by facili- 4-11-050 (Revised 5/18)11 - 16 ties onsite or in a district. Electrical power cogen- eration 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 sys- tems use them to produce their own electricity, and use the unused excess (waste) heat for pro- cess steam, hot water heating, space heating, and other thermal needs. They may also use ex- cess process heat to produce steam for electricity production. EMERGENCIES: Actions that must be under- taken 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 pre- vent an imminent threat of serious environmental degradation. ENGINE OR TRANSMISSION REBUILD, IN- DUSTRIAL: An operation which rebuilds, recon- ditions, or customizes engines or transmissions which are sold to vehicle service and repair oper- ations or to individual customers for installation into vehicles off site. ENGINEERING GEOLOGIST: See GEOTECH- NICAL ENGINEER. ENGINEERING GEOLOGY: The application of geologic knowledge and principles in the investi- gation and evaluation of naturally occurring rock and soil for use in the design of civil works. ENGINEERING GEOLOGY REPORT: See GE- OTECHNICAL REPORT. ENHANCEMENT ACTIVITIES: Removal of nox- ious or intrusive species, plantings of appropriate native species and/or removal of diseased or de- caying trees which pose a clear and imminent threat to life or property. Enhancement activities shall not involve the use of mechanical equip- ment. Enhancement activities may include the re- moval of pests which pose a clear danger to public health provided that such danger is certi- fied by the King County Department of Public Health. ENTERTAINMENT CLUB: Any facility where live entertainment including but not limited to live the- ater; dance performances; musical perfor- mances; comedy routines; book/poetry readings; and other forms of live entertainment are con- ducted. This definition excludes adult entertain- ment businesses; movie theaters; dance clubs; dance halls; taverns; and eating and drinking es- tablishments. ENTERTAINMENT/MEDIA RENTALS: A busi- ness 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 re- tail uses. ENVIRONMENTAL REVIEW COMMITTEE (ERC): The Environmental Review Committee as defined by RMC 4-9-070G, is the SEPA Respon- sible Official Authority. The ERC shall consist of three (3) officials designated by the Mayor with concurrence by the City Council. For all proposals for which the City is the lead agency, the ERC shall make the threshold determination and per- form any other functions assigned to the “lead agency” or “responsible official” by the SEPA rules that were adopted by reference in WAC 173-806-020. EROSION: The wearing away of the ground sur- face as a result of the movement of wind, water and/or ice. ESSENTIAL HABITAT: Habitat necessary for the survival of federally listed threatened, endan- gered, and sensitive species and state listed pri- ority species. 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. EXCAVATION: The mechanical removal of earth material. EXISTING LEGAL USE: The use of a lot or struc- ture at the time of enactment of a zoning or other land use regulation. EXOTIC: Any species of plants or animals that are not indigenous to the planning area. EXPRESS TRANSPORTATION SERVICES: Services which provide rapid delivery (i.e., over- night, within an hour, etc.) of air parcels, foodstuff, household and entertainment goods, as well as taxi services. Use is distinguished by space for multiple small delivery vehicles, and typically as- sociated areas for sorting and handling packages 4-11-060 11 - 17 (Revised 8/17) and documents, and accessory administrative of- fices. (Ord. 2820, 1-14-1974; Ord. 3366, 10-15-1979; Ord. 4346, 3-9-1992; Ord. 4351, 5-4-1992; Ord. 4522, 6-5-1995; Ord. 4715, 4-6-1998; Ord. 4716, 4-13-1998; Ord. 4835, 3-27-2000; Amd. Ord. 4963, 5-13-2002; Ord. 5100, 11-1-2004; Ord. 5570, 11-15-2010; Ord. 5839, 6-12-2017) 4-11-060 DEFINITIONS F: FACILITY: (For purposes of aquifer protection area regulations contained in RMC 4-3-050, Crit- ical Area Regulations.) All contiguous land within an APA, structures, other appurtenances, and im- provements on the land and operations therein in- cluding, but not limited to, business, government, and institutional activities where hazardous mate- rials are stored, handled, treated, used or pro- duced in quantities greater than the de minimus amounts specified in RMC 4-3-050C6a(ii)(1), Ac- tivities Exempt from Specified Aquifer Protection Area Requirements. FAMILY: Any number of related individuals, or not more than four (4) unrelated individuals, living to- gether as a single household. FARMERS MARKET: A public market at which farmers and often other vendors sell agricultural produce, which includes the sale of flowers di- rectly to consumers. FAST FOOD RESTAURANT: A restaurant occu- pying a detached structure, identified by a name brand that offers a standard menu, typical busi- ness operation logo, advertising franchise owner- ship or affiliation, and a corporate architectural prototype building. Franchise fast food typically caters to a market area larger than one neighbor- hood and is auto oriented. It may include drive- through service. This definition excludes espresso stands. 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 Man- ual 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 ad- opted as part of a Wellhead Protection Program established under the Federal Safe Drinking Wa- ter Act, or a local code or rule adopted to protect a Critical Aquifer Recharge Area established un- der the State Growth Management Act. FENCE: An outdoor physical and/or visual bar- rier, 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 retain- ing wall. FILL: A deposit of earth material placed by artifi- cial means. FINAL PLAT: See PLAT, FINAL. FIRE CHIEF: The Fire Chief or Chief Administra- tive Officer Of the Renton Regional Fire Authority. FIRE DEPARTMENT: The Renton Regional Fire Authority. 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. FIRE MARSHAL: The City of Renton Fire Mar- shal or his/her designee. FLAT: See DWELLING, ATTACHED. FLOOD or FLOODING: A general and temporary condition of partial or complete inundation of nor- mally dry land areas from: 1. The overflow of inland or tidal waters, and/or 2. The unusual and rapid accumulation of runoff of surface waters from any source. FLOOD CONTROL: Any undertaking for the con- veyance, control, and dispersal of flood waters. FLOOD INSURANCE RATE MAP (FIRM): The official map on which the Federal Insurance Ad- ministration has delineated both the areas of spe- cial flood hazard and the risk premium zones applicable to the community. 4-11-060 (Revised 8/17)11 - 18 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. FLOOD, ONE HUNDRED (100) YEAR: The max- imum flood expected to occur during a one-hun- dred (100) year period. FLOODPLAIN: The area subject to a one hun- dred (100) year flood. FLOODWAY: The channel of river or other water- course and the abutting land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot (1'). FLOODWAY: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) For purposes of determining the jurisdiction of the Shoreline Master Program in conjunction with the definition of “shoreland,” “floodway” means the area as identified in a Master Pro- gram, that either: (i) Has been established in Fed- eral Emergency Management Agency flood insur- ance rate maps or floodway maps; or (ii) consists of those portions of a river valley lying stream- ward from the outer limits of a watercourse upon which flood waters are carried during periods of flooding that occur with reasonable regularity, al- though not necessarily annually, said floodway being identified, under normal condition, by changes in surface soil conditions or changes in types or quality of vegetative ground cover condi- tion. Regardless of the method used to identify the floodway, the floodway shall not include those lands that can reasonably be expected to be pro- tected flood waters by flood control devices main- tained by or maintained under license from the federal government, the State, or a political sub- division of the State. FLOOR AREA, GROSS: The sum of the gross horizontal areas of all floors of a building mea- sured from the exterior face of each wall. 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. FLOOR AREA RATIO: The gross floor area of all buildings on a lot divided by the lot area. FLOWER/PLANTS AND FLORAL SUPPLY: A business involving the retail sale of flowers, house plants, and associated floral supplies. FRANCHISE RETAIL ARCHITECTURE (OR GENERIC OR CORPORATE ARCHITECTURE): Consists of site layout, buildings, and signs for businesses (usually large format, chain, or fran- chise 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. FRONT YARD: See YARD REQUIREMENT. FUEL DEALERS: Wholesale distribution of fuels with associated bulk fuel storage. FUELING STATION, VEHICLE: See VEHICLE FUELING STATIONS. 4-11-070 11 - 19 (Revised 3/17) THE FEDERAL WATER POLLUTION CON- TROL ACT OF 1956 (FWPCA): See RMC 4-6-100. (Ord. 2820, 1-14-1974; Ord. 3541, 5-4-1981; Ord. 4071, 6-1-1987; Ord. 4716, 4-13-1998; Ord. 4851, 8-7-2000; Ord. 4963, 5-13-2002; Ord. 5100, 11-1-2004; Ord. 5124, 2-7-2005; Ord. 5392, 6-23-2008; Ord. 5432, 12-8-2008; Ord. 5450, 3-2-2009; Ord. 5520, 12-14-2009; Ord. 5633, 10-24-2011; Ord. 5676, 12-3-2012; Ord. 5747, 1-12-2015; Ord. 5806, 6-20-2016; Ord. 5828, 12-12-2016) 4-11-070 DEFINITIONS G: GAMING/GAMBLING FACILITIES, NOT-FOR- PROFIT: Facilities operated by a not-for-profit en- tity where any type of gaming or gambling is the primary attraction. GARAGE, PRIVATE: A roofed structure en- closed on three (3) or more sides, without interior parking aisles, for the purpose of storing motor vehicles. GARAGE SALE: All general sales open to the public conducted on a residential premises to dis- pose of personal property, including, but not lim- ited to, all sales entitled “lawn,” “yard,” “attic,” “porch,” “room,” “backyard,” “patio,” “flea market” or “rummage sale.” GARBAGE: See REFUSE. GARDEN STYLE APARTMENTS: See DWELL- ING, ATTACHED. GAS STATION: See FUELING STATION, VEHI- CLE. GEOLOGIC HAZARDS: Areas which may be prone to one or more of the following conditions: erosion, flooding, landslides, coal mine hazards, or seismic activity. Refer to RMC 4-3-050J. GEOTECHNICAL ENGINEER: A State of Wash- ington licensed geologist experienced and knowl- edgeable in engineering geology. GEOTECHNICAL REPORT: A report prepared by a Geotechnical Engineer including an ade- quate description of the geology of the site, con- clusions and recommendations regarding the effect of geologic conditions on the proposed de- velopment. GOLF COURSE: An area designed and used for playing golf, including all accessory uses inciden- tal to the operation of the facility. This definition ex- cludes other outdoor recreational facilities, neighborhood parks, and community/regional parks. GOVERNMENT FACILITIES, CITY: Facilities of any unit of City government. Types of facilities in- clude community centers, public works mainte- nance facilities, courts of law, fire halls, and other types of municipal facilities. This definition ex- cludes city government offices, jails, parks, transit centers, park & rides, sewage treatment plants, municipally owned golf course or airports, and li- braries. GOVERNMENT FACILITIES, OTHER: Facilities of any unit of county, state, federal, or special dis- trict government. Types of facilities include com- munity centers, vehicle and drivers licensing offices, public works maintenance facilities, courts of law, school support facilities, and other types of county, state, school district, special dis- trict, or federal facilities. This definition excludes offices, jails, parks, transit centers, park & rides, sewage treatment plants, schools, municipally owned golf courses or airports, and libraries. GOVERNMENT OFFICES, CITY: See CITY GOVERNMENT OFFICES. GRADE: The vertical location of the ground sur- face. GRADE, EXISTING: The surface level of the ground prior to alteration of the land by grading. GRADE, FINISH: The surface level of the ground after completion of all grading. GRADE PLANE: A reference plane representing the average of existing ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line, or, where the lot line is more than six feet (6') from the building, between the build- ing and a point six feet (6') from the building. 4-11-070 (Revised 3/17)11 - 20 GRADING: An excavating or filling or combina- tion thereof. A. Regular Grading: Any grading that involves five thousand (5,000) cubic yards or less of mate- rial. B. Engineered Grading: Any grading that in- volves more than five thousand (5,000) cubic yards of material. GROUND COVER: Low growing plants such as salal, ivy, ferns, mosses, grasses or other types of vegetation which normally cover the ground. GROUND COVER MANAGEMENT: The mowing or cutting of ground cover in order to create an or- derly appearing property so long as such activities do not disturb the root structures on the plants. Ground cover management shall include the re- moval of vegetative debris from the property. GROUNDWATER: Water below the land surface in the zone of saturation. GROUNDWATER MONITORING PROGRAM: A plan containing procedures to be followed to as- sess ground water quality for concentrations of those chemicals identified in the operating permit. GROUNDWATER MONITORING WELL: A small-diameter well installed for purposes of sam- pling and monitoring ground water. GROUP FAMILY HOUSEHOLD: A group of indi- viduals not related by blood, marriage, adoption or guardianship living together in a dwelling unit as a single housekeeping unit under a common management plan based on an intentionally structured relationship to provide organization and stability. GROUP HOME I (REHABILITATION): A facility or dwelling unit housing persons, unrelated by blood or marriage and operating as a group facil- ity household. A rehabilitative group home may include halfway houses and substance abuse re- covery homes. This definition does not include congregate residential or secure community tran- sition facilities. (Amd. Ord. 4982, 9-23-2002) GROUP HOME II (PROTECTIVE RESIDENCY): A facility or dwelling unit housing persons, includ- ing resident staff, unrelated by blood or marriage and operating as a group family household. Staff persons provide care, education, and participation in community activities for the residents with the primary goal of enabling the resident to live as in- dependently as possible. A protective residency may include disabled (mentally and physically) 4-11-080 11 - 21 (Revised 3/17) persons, foster child care, abused women shelter, orphanages and other uses where residents are deemed vulnerable and/or disabled and are not a threat to self or to public health or safety. This defi- nition does not include congregate residential or secure community transition facilities. (Amd. Ord. 4982, 9-23-2002) GROWTH MANAGEMENT ACT (GMA): A law passed by the Washington State Legislature in 1990 that mandates comprehensive planning in designated counties and cities statewide (chapter 36.70A RCW). (Ord. 2820, 1-14-1974; Ord. 4351, 5-4-1992; Ord. 4636, 9-23-1996; Ord. 4715, 4-6-1998; Ord. 4835, 3-27-2000; Ord. 4851, 8-7-2000; Ord. 4854, 8-14-2000; Amd. Ord. 4963, 5-13-2002; Ord. 5100, 11-1-2004; Ord. 5355, 2-25-2008; Ord. 5474, 7-13-2009; Ord. 5520, 12-14-2009; Ord. 5576, 11-15-2010) 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 In- ternational Fire Code as adopted or amended by the City whether the materials are in usable or waste condition; and any material that may de- grade groundwater quality when improperly used, stored, disposed of, or otherwise mismanaged. Appendix H of the International Fire Code pro- vides further information, explanations, and ex- amples 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 regard- ing hazardous materials at the facility. 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 ex- tremely 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, find- ings of fact and conclusions on such applications. (Ord. 4522, 6-5-1995) HEARINGS BOARD, SHORELINE: The Shore- lines Hearings Board established by the Shore- line Management Act. HEIGHT: See BUILDING HEIGHT or SIGN HEIGHT. 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. 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 pe- destrian interest and exhibits a degree of crafts- manship, building detailing, architectural design, or quality of materials that are not typically found in standard construction. Responds to site condi- tions through its orientation, circulation, and/or in- corporation of special site features. Buildings characterized by standard corporate identity ele- ments (e.g., fast food establishments with signa- ture roofline or facade features) or standard building plans (e.g., stock plans that are unable to adapt to site conditions) are not typically consid- ered high quality design. HIGH RISE: A structure exceeding seventy five feet (75') in height. HILLSIDE: An inclined landform which may in- clude one or more classes of slope: steep (sensi- tive 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. HOLISTIC HEALTH CARE CENTER: A combi- nation of activities intended for improvement or maintenance of health including out-patient and/ 4-11-090 (Revised 3/17)11 - 22 or in-patient care and supporting accessory activ- ities including space for medical practitioners, re- tail sales, educational classrooms and meeting spaces. HOME OCCUPATION: Any commercial use con- ducted entirely within a dwelling or accessory structure and carried on by persons residing in that dwelling unit, but is clearly incidental and sec- ondary to the use of the dwelling as a residence. HOMELESS ENCAMPMENT: See TEMPO- RARY HOMELESS ENCAMPMENT. HOMEOWNERS’ ASSOCIATION: An incorpo- rated nonprofit organization formed or qualified under the laws of the State of Washington, oper- ating 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 maintain- ing 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 designed or used for transient rental for sleeping purposes. Hotel structures are at least two (2) stories in height, with lodging space above the first floor. Lodging space may also be located on the first floor. Individual rooms are typically accessed from a common hallway. A central kitchen and dining room and accessory shops and services catering to the general public may be provided. Not included in this definition are multi-family dwellings, bed and breakfasts, or motels. HOUSEHOLD: A family living together in a single dwelling unit with common access to, and com- mon use of, all living, sanitation facilities, and all areas and facilities for the preparation, consump- tion and storage of food within the dwelling unit. HUMAN SCALE: The perceived size of a building relative to a human being. A building is consid- ered to have good human scale if there is an ex- pression of human activity or use that indicates the building’s size. For example, traditionally sized doors, windows, and balconies are ele- ments that respond to the size of a human body, so these elements in a building indicate a build- ing’s overall size. HUMAN SCALE ELEMENTS: Architectural ele- ments 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 located beneath and abutting streams that contains some portion of surface waters, serves as a filter for nu- trients, and maintains water quality. (Ord. 4517, 5-8-1995; Ord. 4522, 6-5-1995; Ord. 4665, 5-19-1997; Ord. 4716, 4-13-1998; Ord. 4821, 12-20-1999; Ord. 4835, 3-27-2000; Ord. 4851, 8-7-2000; Amd. Ord. 4963, 5-13-2002; Ord. 5124, 2-7-2005; Ord. 5125, 2-28-2005; Ord. 5137, 4-25-2005; Ord. 5570, 11-15-2010; Ord. 5633, 10-24-2011; Ord. 5676, 12-3-2012; Ord. 5748, 1-12-2015; Ord. 5806, 6-20-2016) 4-11-090 DEFINITIONS I: ILLICIT CONNECTION: See RMC 4-6-100. ILLICIT DISCHARGE: See RMC 4-6-100. ILLUMINATION, INTERNAL: A light source that is concealed or contained within a sign and be- comes visible in darkness through a translucent surface. ILLUMINATION, TUBE: A light source supplied by a tube that is bent to form letters, symbols, or other shapes. Tube illumination does not include exposed fluorescent lights. IMPACTS: The effects or consequences of ac- tions. Environmental impacts are effects upon the elements of the environment listed in WAC 197-11-444. IMPERVIOUS SURFACE: A non-vegetated sur- face area that either prevents or retards the entry of water into the soil mantle as under natural con- ditions before development; or that causes water to run off the surface in greater quantities or at an increased rate of flow compared to the flow pres- ent under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roofs, walkways, patios, driveways, parking lots, storage areas, areas that are paved, graveled or made of packed or oiled earthen ma- terials, or other surfaces that similarly impede the natural infiltration of surface water or stormwater. 4-11-100 11 - 23 (Revised 8/17) IMPORTED FILL: Earth material acquired from an off-site location for use in grading on a site. INACTIVE APPLICATION: A submittal for a land use permit in which the applicant has not pro- vided requested documentation within the time period identified through written communication, or there has been no communication or action from the applicant for a period of ninety (90) days. Such time limit shall not apply in the event the de- lay is caused by the City. INCOMBUSTIBLE AND NONCOMBUSTIBLE MATERIAL: Shall be as defined in the Uniform Fire Code. INDUSTRIAL USE: A type of land use character- ized by production, manufacturing, distribution or fabrication activities. INDUSTRIAL USE, HEAVY: A type of land use including manufacturing processes using raw ma- terials, extractive land uses or any industrial uses which typically are incompatible with other uses due to noise, odor, toxic chemicals, or other activ- ities posing a hazard to public health and safety. Examples include marijuana producers and mar- ijuana processors. INDUSTRIAL USE, LIGHT: A type of land use in- cluding small scale or less intensive production manufacturing, distribution or fabricating activi- ties. May also include office and supporting con- venience retail activities. INDUSTRIAL WASTES: See RMC 4-6-100. INFILL: Development that occurs on vacant land within urbanized areas. INFILTRATION: See RMC 4-6-100. INFILTRATION FACILITY: Infiltration facility means a drainage facility designed to use the hy- drologic process of water soaking into the ground (commonly referred to as percolation) to dispose of surface and storm water runoff. INTEGRATED WALKWAY CIRCULATION: Sidewalks and streets constructed and con- nected in such a way as to provide an efficient and safe system for people moving through an area on foot. INTERMITTENT: A condition where water is not present in the channel year-round during years of normal or above normal rainfall. INTERNATIONAL BUILDING CODE: The ad- opted edition of the International Building Code, published by the International Conference of Building Officials. INTERNATIONAL BUILDING CODE STAN- DARDS: The adopted edition of the International Building Code Standards, published by the Inter- national Conference of Building Officials. INTERVAL: An interval is the measure of articu- lation – the distance before architectural ele- ments repeat. (Ord. 3719, 4-11-1983; Ord. 3891, 2-25-1985; Ord. 4577, 1-22-1996; Ord. 4740, 7-19-1999; Ord. 4720, 5-4-1998; Ord. 4821, 12-20-1999; Amd. Ord. 4963, 5-13-2002; Ord. 5124, 2-7-2005; Ord. 5137, 4-25-2005; Ord. 5450, 3-2-2009; Ord. 5478, 8-3-2009; Ord. 5605, 6-6-2011; Ord. 5650, 12-12-2011; Ord. 5707, 3-24-2014; Ord. 5828, 12-12-2016) 4-11-100 DEFINITIONS J: JAILS, EXISTING MUNICIPAL: City-operated and owned facilities that hold criminals serving sentences and/or suspected criminals while they are awaiting the outcome of their trials. (Amd. Ord. 4963, 5-13-2002) 4-11-110 (Revised 8/17)11 - 24 4-11-110 DEFINITIONS K: KENNEL: A commercial facility for the care and/ or breeding of dogs and/or cats, except that a pet day care is not a kennel although a pet day care and a kennel might be housed within the same fa- cility. (See PET DAY CARE.) (Amd. Ord. 4963, 5-13-2002; Ord. 5356, 2-25-2008; Ord. 5676, 12-3-2012; Ord. 5837, 6- 12-2017) 4-11-120 DEFINITIONS L: LABORATORIES, LIGHT MANUFACTURING: A facility in which scientific research, investiga- tion, testing, or experimentation occur. Manufac- turing of and sale of products may also occur. LABORATORIES, RESEARCH, DEVELOP- MENT AND TESTING: A facility in which scien- tific research, investigation, testing, or experi- mentation occur but not including manufacture and sale of products. LAKES: Natural or artificial bodies of water of two (2) or more acres and/or where the deepest part of the basin at low water exceeds two (2) meters (6.6 feet). Artificial bodies of water with a recircu- lation system approved by the Planning/Building/ Public Works Department are not included in this definition. LAND CLEARING: The act of removing or de- stroying trees or ground cover including grubbing of stumps and root mat. LAND-CLEARING WASTE: Stumps, brush, tree branches, and other vegetation associated with land clearing. LAND DEVELOPMENT PERMIT: An approved preliminary or final plat for single family residen- tial project, a building permit, site plan, or prelim- inary or final planned urban development plan. LAND USE DECISION: A land use decision for purposes of a land use appeal under RMC 4-8-110, Appeals, means a final determination by a City body or officer with the highest level of au- thority to make the determination, including those with authority to hear appeals on: 1. An application for a project permit or other governmental approval required by law be- fore real property may be improved, devel- oped, modified, sold, transferred or used, but excluding applications for permits or approv- als to use, vacate, or transfer streets, parks, and other similar types of public property; ex- cluding applications for legislative approval such as area-wide rezones and annexations; and excluding applications for business li- censes; 2. An interpretive or declaratory decision re- garding the application to a specific property of zoning or other ordinances or rules regulat- ing the improvement, development, modifica- tion, maintenance, or use of real property; 3. The enforcement by the City of codes regulating improvement, development, modi- fication, maintenance or use of real property. However, when the City is required by law to enforce the code in a court of limited jurisdic- tion, a petition may not be brought under RMC 4-8-110. LAND USE ELEMENT: A plan designating the lo- cation and extent of use for agriculture, timber production, housing, commerce, industry, recre- ation, open spaces, public utilities, public facili- ties, and other land uses as required by the Growth Management Act. LANDFILL: Addition of soil, sand, rock, gravel, sediment, earth retaining structure, or other mate- rial to an area waterward of the OHWM, in wet- lands, or on shorelands, in a manner that raises the elevation or creates dry land. LANDS COVERED BY WATER: Lands underly- ing the water areas of the state below the ordinary high water mark, including salt waters, tidal wa- ters, estuarine waters, natural watercourses, lakes, ponds, artificially impounded waters, marshes, and swamps. LANDSCAPE ARCHITECT: A professional land- scape architect licensed to practice by the State of Washington. LANDSCAPE BUFFER: An on-site strip abutting a property line which provides a physical, visual, and/or noise buffer and transition between land use of varying compatibilities and/or the street. Landscape buffers consist primarily of natural landscaping and selected hard surface elements, when deemed appropriate by the Community and Economic Development Administrator or Hearing Examiner. 4-11-120 11 - 25 (Revised 5/18) LANDSCAPED VISUAL BARRIER: Evergreen trees, and/or evergreen shrubs providing equiva- lent buffering, planted to provide a year-round dense screen within three (3) years from the time of planting. LANDSCAPING: The installation of lawns, trees, shrubs, flowers, ground cover and similar items to enhance a property’s attractiveness, prevent ero- sion, improve security or for similar purposes. LICENSED ENGINEER: A professional engineer, licensed to practice in the State of Washington. LID BEST MANAGEMENT PRACTICES: LID best management practices are referred to as BMPs. LID BMPs are distributed stormwater man- agement practices, integrated into a project de- sign, that emphasize pre-disturbance hydrologic processes of infiltration, filtration, storage, evapo- ration and transpiration. LID structural BMPs are referred to as flow control BMPs and include, but are not limited to, bioretention, permeable pave- ments, roof downspout controls, dispersion, soil quality and depth, and minimal excavation foun- dations (pursuant to the Surface Water Design Manual). LIGHT DEFINITIONS: The following definitions are utilized in the Exterior Onsite Lighting Regu- lations, RMC 4-4-075, and/or the Urban Design Guidelines, RMC 4-3-100: A. Cutoff: The point at which all light rays emit- ted by a light source are completely eliminated (cut off) at a specific angle above the ground. B. Cutoff Angle: The angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source, above which no light is emit- ted. C. Cutoff Type Luminaire: A unit of illumina- tion with elements such as shields, reflectors, or refractor panels that direct and cut off the light at a cutoff angle less than ninety degrees (90°). D. Downlighting: A direct lighting unit that aims the light downward. Downlighting is glare-free and shielded from the sky and adjacent and abut- ting properties, either through exterior shields and/or through optics within the fixture. E. Light Trespass: The shining of light pro- duced by a light source beyond the boundaries of the property on which it is located. F. Luminaire: The complete lighting unit, in- cluding the lamp, the fixture, and other parts. LIVE-WORK UNIT: A structure or portion of a structure that combines a commercial activity with a residential living space where there is an inter- nal connection between the living and working spaces within the unit. The nonresidential portion of the unit must meet commercial building stan- dards. LOADING AREA: A specially designed off-street place intended to be used by vehicles for depos- iting and/or receiving passengers and goods. LOCAL SERVICE UTILITIES: Public or private utilities normally servicing a neighborhood or de- fined subarea in the City, i.e., telephone ex- changes; sanitary sewer, stormwater facilities; distribution lines, electrical less than fifty five (55) kv, telephone, cable TV, etc. LONG-RANGE WASTEWATER MANAGE- MENT PLAN: See RMC 4-6-100. LOT: A physically separate and distinct property that has been created pursuant to the provisions of this title, or pursuant to any previous laws gov- erning the subdivision, short subdivision, or seg- regation of land. This definition excludes tracts and parcels. See LOT TYPES. LOT COMBINATION: The merger or aggregation of lots via either: 1. The construction of a dwelling unit upon a lot line shared by an abutting lot under com- mon ownership at the time of construction; provided, that upon removal of the dwelling unit, proof that each lot was legally created and that the original lots comply with the cur- rent minimum lot size, width, and depth re- quirements of the applicable zone, the original lots may be recognized as being seg- regated; or 2. A request by the property owner for a permanent merger of two (2) or more lots by the completion, approval and subsequent re- cording of a Declaration of Lot Combination or Lot Line Adjustment. 4-11-120 (Revised 5/18)11 - 26 LOT COVERAGE: The horizontal area measured within the outside of the exterior walls of all prin- cipal and accessory buildings on a lot including all covered decks and porches. LOT, DEVELOPED: (This definition for RMC 4-4-130, Tree Cutting and Land Clearing Regula- tions, only.) A lot or parcel of land upon which a structure(s) is located, which cannot be more in- tensely developed pursuant to the City Zoning Code, and which cannot be further subdivided pursuant to City subdivision regulations. LOT, LEGAL: A lot, which is not necessarily a buildable or developable site, created in compli- ance with any applicable State and local laws in effect at the time, as cited below, and subject to the following: A. The lot was created before June 9, 1937, and it was served by at least one of the following be- fore January 1, 2000: 1. Approved sewage disposal; 2. An approved water system; or 3. A road that was: a. Accepted for maintenance by the King County Department of Transporta- tion; or b. Located within an access easement for residential use or in a road right-of- way and consists of a smooth driving sur- face, including, but not limited to, asphalt, concrete, or compact gravel, that com- plied with the King County road stan- dards in effect at the time the road was constructed. B. Between March 17, 1937, and July 22, 1958, dates inclusive, the lot was created in compliance with State segregation statutes and County codes; or C. The lot was created after July 22, 1958, through a review and approval process of the City, County, or State for the creation of two (2) or more lots or through a process recognized as ex- empt from platting by State law. D. The lot was created before October 1, 1972, and: 1. Conveyed as an individually described parcel to separate, noncontiguous owner- ships through a fee simple transfer or pur- chase; or 2. Recognized as a separate tax lot by the County Assessor. E. The lot was created on or after October 1, 1972, and: 1. Through the subdivision or short subdivi- sion process; or 2. Through the following alternative means of lot segregation provided for by State stat- ute or County code: a. At a size twenty (20) acres or greater, created by a record of survey recorded before January 1, 2000, and not subse- quently merged into a larger lot; b. At a size forty (40) acres or greater created through a larger lot segregation made in accordance with RCW 58.18.010, Assessor’s plat – Requisites, filing, index, etc. – When official plat, ap- proved by King County and not subse- quently merged into a larger lot; c. Through testamentary provisions or the laws of descent after August 10, 1969; d. As a result of deeding land to a public body after April 3, 1977; 4-11-120 11 - 27 (Revised 5/18) F. Each portion of a legal lot created through a process described above subsequently split by a right-of-way under threat of condemnation shall be considered a legal lot. LOT LINE ADJUSTMENT: The alteration of com- mon lot line(s) between abutting legal lots, tracts, or parcels for the purpose of accommodating a transfer of land to rectify a disputed property line location, combine lots, or free such a boundary from any difference or discrepancies without cre- ating additional lots, tracts or parcels. LOT LINES: The property lines bounding a lot; the designation of lot lines (front, rear, and side) shall be based on the yard designations (see YARD REQUIREMENT). LOT MEASUREMENTS: A. Lot Depth: The horizontal distance between the front and rear lot lines, measured from midpoint to midpoint; except in the case of flag lots and irregularly shaped lots. For flag lots, the “flagpole” portion of the lot shall be ignored for the purpose of calculating lot depth. For irregularly shaped lots and lots without an obvious rear lot line, the lot depth shall be measured to the midpoint of an imaginary line at least fifteen feet (15') in length located entirely within the lot and farthest removed and parallel to the front lot line or its tan- gent. B. Lot Width: Width of a lot shall be measured perpendicular to and at the midpoint of the line used to determine lot depth. LOT, PARTIALLY DEVELOPED: (This definition for RMC 4-4-130, Tree Cutting and Land Clearing Regu- lations, only.) A lot or parcel of land upon which a structure is located and which is of sufficient area so as to be capable of accommodating increased development pursuant to the Renton Zoning Code; or which may be subdivided in accordance with the City subdivision regulations. 4-11-130 (Revised 5/18)11 - 28 LOT TYPES: A. Lot, Corner: A lot abutting upon any combi- nation of two (2) or more streets, including private streets (e.g., unit lot drives), access easements, or shared driveways, but excluding alleys, at their intersection, or upon two (2) parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty five degrees (135°) within the lot lines. B. Lot, Flag: A lot with property lines that gen- erally form the outline of a flag and flagpole with access to a public road typically provided through the relatively narrow portion of the lot (i.e., the “flagpole”). C. Lot, Interior: A lot that generally abuts or has frontage on only one street (or other means of access that may be permitted). D. Lot, Through: A lot that has two (2) oppos- ing ends each fronting on a street. E. Lot, Small Cluster: See CLUSTER DEVEL- OPMENT. LOT, UNDEVELOPED: A platted lot or parcel of land upon which no structure exists. LOT, UNIT: A lot created from the subdivision of a parent site, through the unit lot subdivision pro- cess, exclusively for the construction and use of an attached townhouse dwelling and any acces- sory facilities or private yards. LOW IMPACT DEVELOPMENT (LID): A storm- water and land use management strategy that strives to mimic pre-disturbance hydrologic pro- cesses of infiltration, filtration, storage, evapora- tion and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater manage- ment practices that are integrated into a project design (pursuant to the Surface Water Design Manual). LOW IMPACT LAND USE: Land uses which are not likely to have a significant adverse impact on critical areas because of the low intensity of the use, minimal levels of human activity, limited use of machinery or chemicals, site design or ar- rangement of buildings and structures, incorpora- tion of mitigation measures, or other factors. LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfin- ished or flood-resistant enclosure, usable solely for parking of vehicles, building access or stor- age, in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-eleva- tion design requirements of RMC 4-3-050G4d. (Ord. 3891, 2-25-1985; Ord. 4056, 4-30-1987; Ord. 4071, 6-1-1987; Ord. 4351, 5-4-1992; Ord. 4522, 6-5-1995; Ord. 4740, 7-19-1999; Ord. 4351, 5-4-1992; Ord. 4517, 5-8-1995; Ord. 4522, 6-5-1995; Ord. 4660, 3-17-1997; Ord. 4715, 4-6-1998; Ord. 4716, 4-13-1998; Ord. 4751, 11-16-1998; Ord. 4835, 3-27-2000; Ord. 4851, 8-7-2000; Ord. 4854, 8-14-2000; Amd. Ord. 4963, 5-13-2002; Ord. 5100, 11-1-2004; Ord. 5137, 4-25-2005; Ord. 5153, 9-26-2005; Ord. 5469, 7-13-2009; Ord. 5472, 7-13-2009; Ord. 5520, 12-14-2009; Ord. 5633, 10-24-2011; Ord. 5676, 12-3-2012; Ord. 5702, 12-9-2013; Ord. 5728, 10- 20-2014; Ord. 5749, 1-12-2015; Ord. 5818, 10- 17-2016; Ord. 5828, 12-12-2016; Ord. 5867, 12- 11-2017) 4-11-130 DEFINITIONS M: MAIN STREET: A style of urban commercial de- velopment featuring concentrated retail and ser- vice uses along a street designed for use by both pedestrians and vehicles. MAJOR SERVICE UTILITY: Public or private util- ities which provide services beyond the City’s boundaries, i.e., pipelines, natural gas, water, sewer, petroleum; electrical transmission lines fifty five (55) kv or greater; and regional sewer or water treatment plants, etc. MANUFACTURED HOME: A residential struc- ture, transportable in one or more sections, that is 4-11-130 11 - 28.1 (Revised 5/18) built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. This definition also includes mobile homes constructed prior to the enactment of the National Manufactured Home Construction and Safety Standards Act of 1974. If located within a manufactured or mobile home park, recreational vehicles shall be in- cluded in this definition if either (i) the vehicle con- tains at least one internal toilet and at least one internal shower, or (ii) the manufactured or mobile home park provides community showers and toi- lets. MANUFACTURED HOME PARK OR SUBDIVI- SION: A parcel (or contiguous parcels) of land “divided” into two (2) or more manufactured home lots for rent or sale. MANUFACTURED HOME PARK OR SUBDIVI- SION, EXISTING: A manufactured home park subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effec- tive date of adopted floodplain management reg- ulations. MANUFACTURED HOME PARK OR SUBDIVI- SION, NEW: A manufactured home park or sub- division for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the ef- fective date of adopted floodplain management regulations. MANUFACTURING, AIRPLANE: Limited to manufacture of airplanes; sale of airplanes man- ufactured and/or assembled on-site; and re- search, development and testing of airplanes and related components. MANUFACTURING, AIRPLANE ACCESSORY FUNCTIONS: Includes, as secondary functions when dependent upon the primary activity of air- plane production and sales: office; storage; ware- house and distribution; aircraft painting and other associated aircraft painting/sealing activities; trucking terminal, including loading and unload- ing; auto repair and fuel dispensing; hazardous materials storage and distribution; aircraft engine testing; metal processing; food service; retail sales of products related to airplane production; on-site medical and emergency services, such as clinic, fire suppression, and security; barging; rec- lamation; and parking, when designated for em- ployees and visitors. MANUFACTURING AND FABRICATION, HEAVY: The transformation of materials or sub- stances into new products including construction and assembling of component parts, and the blending of materials such as lubricating oils, plastics, resins or liquors. Heavy manufacturing and fabrication are often characterized by the need for large outdoor areas in which to conduct operations, and typically results in environmental (Revised 5/18)11 - 28.2 This page left intentionally blank. 4-11-130 11 - 29 (Revised 3/17) impacts beyond their own sites. This definition in- cludes, but is not limited to: manufacture and fab- rication of automotive vehicles and their parts, cement, brick, lime, gypsum, asphalt, and other manufacturing and fabrication uses as deter- mined by the Community and Economic Develop- ment Administrator. This definition excludes slaughterhouses, manufacture of shellac, varnish or turpentine, paper, pulp, rubber from crude ma- terial, refining and/or manufacturing of petroleum by-products except as an accessory use of less than fifty thousand (50,000) gallons. MANUFACTURING AND FABRICATION, LIGHT: The transformation of materials or sub- stances into new products including construction and assembling of component parts, and the blending of materials such as lubricating oils, plas- tics, resins or liquors. Light manufacturing and fabrication is characterized by the use being con- tained within buildings, and materials or equip- ment used in production not being stored outside. Light manufacturing and fabrication activities do not generate external emissions such as smoke, odor, noise, vibrations or other nuisances outside the building. This definition includes but is not lim- ited to manufacture and fabrication of electronic components, office products, furniture, glass products, and other manufacturing and fabrication uses as determined by the Community and Eco- nomic Development Administrator. This definition excludes slaughterhouses, manufacture of shel- lac, varnish or turpentine, paper, pulp, rubber from crude material, refining and/or manufacturing of petroleum by-products except as an accessory use of less than fifty thousand (50,000) gallons. MANUFACTURING AND FABRICATION, ME- DIUM: The transformation of materials or sub- stances into new products including construction and assembling of component parts, and the blending of materials such as lubricating oils, plas- tics, resins or liquors. Medium manufacturing and fabrication is characterized by need for only very limited areas of outdoor storage and may create minor external environmental impacts during the conduct of operations but most impacts are con- tained on-site. This definition includes but is not limited to manufacture and fabrication of alcoholic products, paints, printing ink, leather goods, and other manufacturing and fabrication uses as de- termined by the Community and Economic Devel- opment Administrator. This definition excludes slaughterhouses, manufacture of shellac, varnish or turpentine, paper, pulp, rubber from crude ma- terial, refining and/or manufacturing of petroleum by-products except as an accessory use of less than fifty thousand (50,000) gallons. MARIJUANA COOPERATIVE: Persons that as qualified patients or designated providers, as de- fined by chapter 69.51A RCW, share responsibil- ity for acquiring and supplying the resources needed to produce and process marijuana in the residence of one of the members. MARIJUANA PROCESSOR: A person or busi- ness entity that is licensed by the Washington State Liquor and Cannabis Board, under RCW 69.50.325 (Marijuana producer’s license) and/or RCW 69.50.328 (Marijuana producers, proces- sors – No direct or indirect financial interest in li- censed marijuana retailers), and related sections of the RCW, as they exist or may be amended, to process, package, and label useable marijuana and marijuana-infused products for sale at whole- sale to marijuana retailers. MARIJUANA PRODUCER: A person or business entity that is licensed by the Washington State Li- quor and Cannabis Board, under RCW 69.50.325 (Marijuana producer’s license), and related sec- tions of the RCW, as they exist or may be amended, to produce and sell marijuana at whole- sale to marijuana processors and other marijuana producers. MARIJUANA RETAIL: A person or business en- tity that is licensed by the Washington State Liquor and Cannabis Board, under RCW 69.50.354 (Re- tail outlets licenses), RCW 69.50.357 (Retail out- lets – Rules), and related sections of the RCW, as they exist or may be amended, to sell useable marijuana and/or marijuana infused products and restrict entry to the premises to persons twenty one (21) years of age and older. MARIJUANA TRANSPORTER: A person or business entity that is licensed by the Washington State Liquor and Cannabis Board, under RCW 69.50.385 (Common carriers – Licensing – State liquor and cannabis board to adopt rules), and re- lated sections of the RCW, as they exist or may be amended, to transport marijuana plants, useable marijuana, and/or marijuana infused products to other marijuana licensees. MARINA: A facility for storing, servicing, fueling, berthing, and securing and launching of private pleasure craft that may include the sale of fuel and incidental supplies for the boat owners, crews, and guests. This definition includes tie-up 4-11-130 (Revised 3/17)11 - 30 for float planes as well as pleasure boats, and other private pleasure craft. MARINA: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) A use providing moorage for pleasure craft, which also may include boat launching facilities, storage, sales, and other related services. MARQUEE: A permanent roof structure, usually incorporating a sign, attached to and supported by the building and projecting over public property. MASTER PLAN: A master plan is intended to show how proposed development will comply with the development standards in the applicable zoning. It also is intended to show compatibility of development within the master plan area, and compatibility of anticipated uses in areas adjacent to and abutting the master plan area. It provides long-term guidance for a smaller area than a con- ceptual redevelopment plan, but a larger area than a detailed site plan. MASTER PROGRAM: The comprehensive shoreline use plan for the City of Renton and the use regulations, together with maps, diagrams, charts or other descriptive material and text, and a statement of desired goals and standards de- veloped in accordance with the policies enunci- ated in Section 2 of the Act. MATERIAL SAFETY DATA SHEET: Written or printed information concerning a hazardous ma- terial which is prepared in accordance with the provisions of 29 CFR 1910.1200. MECHANICAL EQUIPMENT: Includes all motor- ized equipment used for earth moving, trenching, excavation, gardening, landscaping, and general property maintenance exceeding twenty seven (27) horsepower in size. MEDICAL INSTITUTIONS: Facilities providing physical or mental health services, in-patient ac- commodations, and medical or surgical care of the sick or injured. Medical institutions are allowed one helipad as an accessory use, if functionally and architecturally integrated into the primary use, regardless of the treatment of helipads in the un- derlying zoning. This definition includes hospitals, clinics, hospices, holistic health centers, and nurs- ing homes as defined in Group I-2 of the IFC. This definition excludes medical and dental offices, convalescent centers, assisted living, and group homes I and II. MEMBRANE LINER: See RMC 4-5-120G. MINI-MART: A small retail establishment, usually located within or associated with another use, that offers for sale convenience goods such as food items, tobacco, periodicals and household goods. MITIGATION BANK: Sites that, when approved by the City, may be used for restoration, creation and/or mitigation of wetlands altered on a differ- ent piece of property, but located within the same drainage basin. MIXED USE: A building or site with two (2) or more different uses such as residential, office, manufacturing, retail, public or entertainment. MOBILE FOOD VENDING: A temporary use in- volving sale of retail food or beverages to the pub- lic from any vehicle, cart or wagon that is designed to be readily movable. Mobile food vending includes pushcarts, mobile kitchens, hot dog carts, pretzel wagons, or similar uses. MOBILE HOME: See MANUFACTURED HOME. MOBILE VENDOR: Retail sale of goods from a vehicle or mobile cart. MODULATION: A measured and proportioned in- flection or setback in a building’s face that breaks up an otherwise larger flat vertical plane into mul- tiple offset sub-elements so as to reduce the ap- parent bulk. MOORAGE: Any device or structure used to se- cure a vessel for temporary anchorage, but which is not attached to the vessels. Examples of moor- age are docks or buoys. MOTEL: A building or group of detached or con- nected buildings designed or used primarily for providing sleeping accommodations for automo- bile travelers and typically having a parking space adjacent to a sleeping accommodation. This defi- nition excludes multi-family dwellings, bed and breakfasts, and hotels. MOVIE THEATER: An indoor facility for showing movies, including accessory retail sales of food and beverages. This definition excludes adult en- tertainment businesses; entertainment clubs; and cultural facilities. MS4: See RMC 4-6-100. 4-11-140 11 - 31 (Revised 5/18) MULTIPLE-USE: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) The combining of compatible uses within one development, in which water-oriented and non-water-oriented uses are included. MUNICIPAL SEPARATE STORM SEWER SYS- TEM: See RMC 4-6-100. (Ord. 3719, 4-11-1983; Ord. 4071, 6-1-1987; Ord. 4219, 5-4-1992; Ord. 4346, 3-9-1992; Ord. 4577, 1-22-1996; Ord. 4665, 5-19-1997; Ord. 4715, 4-6-1998; Ord. 4716, 4-13-1998; Ord. 4777, 4-19-1999; Ord. 4821, 12-20-1999; Ord. 4835, 3-27-2000; Ord. 4851, 8-7-2000; Amd. Ord. 4963, 5-13-2002; Ord. 5028, 11-24-2003; Ord. 5124, 2-7-2005; Ord. 5125, 2-28-2005; Ord. 5387, 6-9-2008; Ord. 5404, 7-21-2008; Ord. 5432, 12-8-2008; Ord. 5478, 8-3-2009; Ord. 5522, 12-14-2009; Ord. 5570, 11-15-2010; Ord. 5633, 10-24-2011; Ord. 5676, 12-3-2012; Ord. 5707, 3-24-2014; Ord. 5816, 10-3-2016) 4-11-140 DEFINITIONS N: NATIONAL POLLUTANT DISCHARGE ELIMI- NATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT: See RMC 4-6-100. NATIONALLY RECOGNIZED INDEPENDENT TESTING ORGANIZATION: See RMC 4-5-120G. NATIVE GROWTH PROTECTION EASEMENT: A restrictive area where all native, predevelop- ment vegetation shall not be disturbed or removed except for removal pursuant to an approved enhancement program. The purpose of an easement is to protect steep slopes, slopes and/or riparian corridors. NATIVE VEGETATION: Plant species that are in- digenous to the area in question and could rea- sonably be expected to have occurred on site. NATURAL: A Shoreline Master Program land use designation identifying an area as unique and fragile. It is intended to provide areas of wildlife sanctuary and habitat preservation. NATURAL LIGHT: Interior or exterior light from the sun. NATURAL OUTLET: See RMC 4-6-100. NATURAL RESOURCE EXTRACTION/RECOV- ERY: Land used for timber harvesting consistent with the Forest Practices Act or silviculture, min- eral extraction, or natural resource recovery such as mining reclamation or reforestation. This defi- nition excludes Christmas tree farms, nurseries, and agriculture. NATURAL WATER SYSTEM: Any and all parts of the hydrologic cycle independent of size and residence time. The meaning includes “waters of the state” as defined in RCW 90.48.020. NEIGHBORHOOD: A sub-area of the City in which the residents share a common identity fo- cused around a school, park, community busi- ness center or other feature. NEW UNDERGROUND STORAGE FACILITY: See RMC 4-5-120G. NEWS STAND: A use consisting of the retail sale of newspapers and magazines. This definition ex- cludes adult retail uses. NONCONFORMING LOT: An otherwise legal lot that does not conform to the minimum lot area, depth, width, or other lot standards of the zone in which it is located. NONCONFORMING SITE: A lot that does not conform to development regulations related to the characteristics of the site and the facilities pro- vided thereon including, but not limited to, vege- tation conservation, shoreline stabilization, landscaping, parking, screening, driveways, im- pervious surface coverage, pedestrian amenity, and other regulations of the district in which it is located due to changes in code requirements, or annexation. NONCONFORMING STRUCTURE: A lawfully established structure that does not comply with the current development standards (yard set- backs, design standards, height, etc.) for its zone, but which complied with applicable regulations at the time it was established. Such structures may or may not be in compliance with other relevant building codes and regulations. NONCONFORMING USE: A lawfully established use of land that does not comply with the current use regulations (primary, secondary, conditional, etc.) for its zone, but which complied with applica- ble regulations at the time the use was estab- lished. 4-11-150 (Revised 5/18)11 - 32 NONSTRUCTURAL TRIM: The molding, bat- tens, caps, nailing strips, latticing, cutouts or let- ters and walkways which are attached to the sign structure. NON-WATER-DEPENDENT USE: Those uses which are not water-dependent. NON-WATER-ORIENTED USE: Those uses which are not water-dependent, water-related, or water-enjoyment. NO-PROTEST AGREEMENT: A restrictive cove- nant signed by the property owner signifying con- sent to the future formation of a local improve- ment district by the City of Renton or by property owners for constructing and paying for street im- provements. NORMAL RAINFALL: Rainfall that is at the mean or within one standard deviation of the mean of the accumulated annual rainfall record, based upon the water year for King County as recorded at the Seattle-Tacoma International Airport by the graph shown at King County Department of Nat- ural Resources and Parks’ Water and Land Re- sources Division’s Hydrologic Information Center (http://dnr.metrokc.gov/hydrodat/seatacpre- cip.asp). NPDES: See RMC 4-6-100. NURSERIES, HORTICULTURAL: Any land used to raise, store, or sell trees, shrubs, flowers, and other plants for sale or for transplanting. This defi- nition does not include the sale of any of the above for consumption. Associated retail space is allowed as an accessory to this use. (Ord. 3719, 4-11-1983; Ord. 4346, 3-9-1992; Ord. 4351, 5-4-1992; Ord. 4521, 6-5-1995; Ord. 4577, 1-22-1996; Amd. Ord. 4963, 5-13-2002; Ord. 5124, 2-7-2005; Ord. 5137, 4-25-2005; Ord. 5478, 8-3-2009; Ord. 5633, 10-24-2011; Ord. 5759, 6-22-2015; Ord. 5869, 12-11-2017) 4-11-150 DEFINITIONS O: OCCASIONAL BREEDER: An owner/tenant with household pets and/or domestic animals that has a single litter no more frequently than one time ev- ery two years and keeps the offspring no longer than one hundred twenty (120) days. OFF-SITE SERVICES: See SERVICES, OFF- SITE. OFFICE, GENERAL: A place at which the affairs of a business, profession, service, or industry are conducted and generally furnished with desks, ta- bles, files and communication equipment. This definition includes associated accessory uses in- cluding but not limited to exercise rooms and caf- eterias for use by employees and clients. This definition excludes conference centers, medical and dental offices, veterinary offices/clinics, city government offices, other government offices and facilities, service and social organizations, and construction/contractor’s offices. OFFICE, MEDICAL AND DENTAL: Any office used by physicians, dentists, and/or other medi- cal professionals to examine, diagnose, and treat patients, and to administer day-to-day accessory office functions relating to the medical or dental practice. ON-SITE SERVICES: See SERVICES, ON- SITE. OPEN RECORD APPEAL: An administrative ap- peal to a local governmental body or officer, in- cluding the legislative body, that creates the local government’s record through testimony and sub- mission of evidence and information, under pro- cedures prescribed by RMC 4-8-110. OPEN-RUN AREA: An enclosed area that allows domestic animals and/or household pets to move about freely within the confines of the enclosure. Fencing such as residential fencing that is typi- cally located along property lines and encloses residential yards is excluded from this definition. OPEN SPACE: Any physical area that provides visual relief from the built environment for envi- ronmental, scenic or recreational purposes. Open space may consist of developed or undeveloped areas, including urban plazas, parks, pedestrian corridors, landscaping, pastures, woodlands, greenbelts, wetlands and other natural areas, but excluding stormwater facilities, driveways, park- ing lots or other surfaces designed for vehicular travel. OPEN SPACE: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) A land area allowing view, use or passage which is almost entirely unobstructed by build- ings, paved areas, or other manmade structures. 4-11-160 11 - 33 (Revised 5/18) OPEN SPACE, CONTIGUOUS: Land perma- nently set aside as open space located in re- corded tracts. Contiguous open space lands typically exclude critical areas such as wetlands and steep slopes, but may include wetland buf- fers enhanced with amenities such as pedestrian trails and seating areas, as well as stormwater ponds enhanced per the techniques and land- scape requirements set forth in “The Integrated Pond,” King County Water and Land Resources Division. OPEN SPACE, CONTIGUOUS, URBAN SEP- ARATOR: Land permanently set aside as open space located in recorded tracts. Contiguous open space lands may include critical areas, such as wetlands and steep slopes, and wetland buf- fers, as well as stormwater ponds enhanced per the techniques and landscape requirements set forth in “The Integrated Pond, King County Water and Land Resources Division.” OPERATOR: See RMC 4-5-120G. ORDINANCE: See RMC 4-9-070R. ORDINARY HIGH WATER MARK (OHWM): On lakes and streams, that mark found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to veg- etation as that condition exists as of the effective date of regulations, as it may naturally change thereafter, or as it may change in accordance with permits issued by the City or State. The following criteria clarify this mark on lakes and streams: A. Lakes: Where the ordinary high water mark cannot be found, it shall be the line of mean high water. B. Streams: Where the ordinary high water mark cannot be found, it shall be the line of mean high water. For braided streams, the ordinary high water mark is found on the banks forming the outer limits of the depression within which the braiding occurs. OUTDOOR RETAIL SALES AREAS: Specially designed areas for the retail sale of automobiles, small trucks, vans or other similar type motor ve- hicles. It does not generally include commercially licensed motor vehicles such as buses or trucks. OUTSIDE STORAGE: See STORAGE, OUT- SIDE. OWNER: See RMC 4-5-120G. OWNER: (For purposes of the aquifer protection regulations in RMC 4-3-050, Critical Areas Regu- lations, and RMC 4-9-015, Aquifer Protection Area permits, only.) May include a duly autho- rized agent or attorney, a purchaser, fiduciary, and/or a person having vested or contingent inter- est in the property and/or facility in question. (Ord. 4517, 5-8-1995; Ord. 4587, 3-18-1996; Ord. 4716, 4-13-1998; Ord. 4851, 8-7-2000; Ord. 4857, 8-21-2000; Amd. Ord. 4963, 5-13-2002; Ord. 5100, 11-1-2004; Ord. 5132, 4-4-2005; Ord. 5356, 2-25-2008; Ord. 5633, 10-24-2011; Ord. 5749, 1-12-2015) 4-11-160 DEFINITIONS P: PARCEL: A unit of land created specifically for the purpose of tax collection. PARENT SITE: (This definition for RMC 4-7-090, Unit Lot Subdivision, only.) The aggregate of all land (irrespective of existing or future unit lots, tracts, or other distinct properties) within the boundaries of the original lot(s) subject to a unit lot subdivision within which townhouses exist or are proposed, and the land underlying the town- houses subdivided so that each townhouse dwell- ing unit is located on a unit lot. PARK: For purposes of the application of setback requirements for uses regulated by the provisions of RMC 4-3-010, a “park” is defined as a tract of land provided by a unit of government to meet the active and/or passive recreational needs of peo- ple. PARK AND RIDE, DEDICATED: A surface park- ing lot or structured parking garage used for park- ing of vehicles for commuters using any form of transit or ridesharing. This definition excludes commercial or public surface parking and com- mercial or public structured parking garages. PARK AND RIDE, SHARED-USE: A pre-existing parking lot or structured parking garage created for purposes other than commuter parking that has specific numbers of spaces or an entire lot or garage leased to a transit authority to allow com- muters to park their vehicles to use any form of 4-11-160 (Revised 5/18)11 - 34 transit or ridesharing. This definition excludes dedicated park and rides, commercial or public surface parking, and commercial or public struc- tured parking garage. PARK, COMMUNITY/REGIONAL: Larger than neighborhood parks, these are designed for orga- nized activities and sports, although individual and family activities are also encouraged. Where there are no neighborhood parks, the community or regional park can serve this function. Larger parks often include one specific use or feature that makes the park unique. This definition in- cludes but is not limited to community and re- gional parks as defined by the City of Renton Parks Plan, trails for nonmotorized travel, and ac- cessory uses normal and incidental to parks. PARK, NEIGHBORHOOD: A combination play- ground and park designed primarily for nonsuper- vised, nonorganized recreation activities. They are generally small in size. This definition includes but is not limited to community gardens and other accessory uses normal and incidental to parks. PARKING, BICYCLE: An off-street space in- tended for the use of bicycle storage, which in- cludes a bicycle rack or similar facility that allows one to lock a bicycle in place. PARKING GARAGE, STRUCTURED, COM- MERCIAL OR PUBLIC: A building or structure which may be located above or below ground, with stalls accessed via interior aisles, and used for temporary storage of motor vehicles. Struc- tured parking can be a stand-alone use or a part of a building containing other uses. This definition excludes dedicated park and rides, shared-use park and rides, and commercial or public surface parking. PARKING MODULE: A parking area that meets maximum physical dimensions as delineated in the Urban Center Design Overlay regulations. PARKING, OFF-SITE: Parking for a particular land use on land separate from the land on which the use occurs. The use for parking is subject to a lease or other agreement ensuring the perpet- ual use of the off-site land for parking. PARKING SPACE or PARKING STALL: A park- ing space is any off-street space intended for the use of temporary vehicular storage for durations of less than seventy two (72) hours with ingress and egress to the space easily identifiable. In- cluded in this definition are the permanent sur- face, striping, landscaping and other features required by RMC 4-4-080. PARKING, SURFACE, COMMERCIAL OR PUB- LIC: Open lots or grounds with at-grade parking improvements. This definition excludes dedicated park and rides, shared-use park and rides, and commercial and public structured parking ga- rages. PARKING, TANDEM: The parking of one motor vehicle behind another, in a space two (2) car lengths long, but only one car length wide. PARTY OF RECORD: Party of record means: 1. The permit applicant and the owner of property subject to the land use decision; 2. The appellant (if different than the permit applicant); 3. The City (if different than the appellant); or 4. Any person who provided a complete name and address (either physical address or email address) and testified during the open record public hearing, either verbally or in writing, on the application and/or any per- son who submitted written comments during administrative review, excluding persons who have only signed petitions or mechanically produced form letters. PARTY OF RECORD: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) All persons, agencies or organizations who have submitted written comments in re- sponse to a notice of application prior to the close of the public hearing or during the administrative review; made oral comments in a formal public hearing conducted on the application; or notified local government of their desire to receive a copy of the final decision on a permit and who have provided an address for delivery (either physical address or email address) of such notice by mail. PASSIVE RECREATION: See RECREATION, PASSIVE. PAVED: Surfaced with a hard, smooth surface, usually consisting of concrete or asphalt under- lain by a subgrade of crushed rock. 4-11-160 11 - 35 (Revised 5/18) PAVEMENT WIDTH: Width of paved driving and parking surface, including street gutters as mea- sured from face of curb to face of curb, or from edge of pavement where there are no curbs. PEAK DISCHARGE: The maximum surface wa- ter runoff rate (cfs) at point of discharge, deter- mined from the design storm frequency. PEDESTRIAN CORRIDORS: Areas designated in the Comprehensive Plan as primary routes for pedestrian use to connect sub-areas of the City or regional trail systems, and to provide access to public facilities. PEDESTRIAN-ORIENTED DEVELOPMENT/ STREET: Development on a pedestrian-oriented street is encouraged through master planning, building location and design guidelines and typi- cally meets the following criteria: 1) buildings in scale with the street, one to two (2) stories along residential/minor collectors and three (3) or more stories along primary and secondary arterials, 2) buildings located close to the street/walkway, 3) at least one pedestrian entry oriented to the street, and 4) clearly identified sidewalks and/or grade separated walkways. PEDESTRIAN-ORIENTED FACADE: Facades featuring characteristics that make them attrac- tive to pedestrians, including transparent window area or window displays along the ground floor fa- cade, primary building entry, and overhead weather protection along at least seventy five per- cent (75%) of the facade. PEDESTRIAN-ORIENTED SPACE: A publicly accessible space that includes elements such as visual and pedestrian access to abutting struc- tures, paved walking surfaces of either concrete or unit paving, on-site or building-mounted light- ing, and public seating areas. PEDESTRIAN-ORIENTED STREET: See STREET, PEDESTRIAN-ORIENTED. PEDESTRIAN-ORIENTED USE: Businesses typically frequented by and conveniently located for use by pedestrians. PERENNIAL: Waters which flow continuously. PERFORMANCE BOND OR GUARANTEE: That security which may be accepted in lieu of a requirement that certain improvements be made before approval of the final plat, including perfor- mance bonds, escrow agreements, and other similar collateral or surety agreements. PERMIT, SHORELINE: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) Any substantial development, variance, conditional use permit, or revision authorized un- der chapter 90.58 RCW. PERMITTED USES: See USES, PERMITTED. PERSON: Any person, individual, public or pri- vate corporation, firm, association, joint venture, partnership, municipality, government agency, po- litical subdivision, public officer, owner, lessee, tenant, other legal entity, or any other entity what- soever or any combination of such, jointly or sev- erally. PERVIOUS SURFACE: Any surface material that allows stormwater to infiltrate into the ground. Ex- amples include lawn, landscape, pasture, and na- tive vegetation areas. Note for purposes of Surface Water Design Manual (RMC 4-6-030) threshold determination and runoff volume mod- eling for detention and treatment, vegetated roofs and permeable pavements are to be considered impervious surfaces along with lawns, landscap- ing, sports fields, golf courses, and other areas that have modified runoff characteristics resulting from the addition of underdrains. PET DAY CARE: A commercial facility where four (4) or more dogs or other household pet animals are left by their owners for periods of supervision during the hours the facility is open to the public (i.e., business hours). PETS, HOUSEHOLD: Animals that are generally kept as part of a household and for the purpose of companionship. These animals are to include: dogs, cats, rabbits, caged indoor birds, small ro- dents, nonvenomous reptiles and amphibians weighing less than ten (10) pounds, and others of similar size and characteristics as approved by the Planning Director. PIER: A general term including docks and similar structures consisting of a fixed or floating platform extending from the shore over the water. This definition does not include overwater trails. PIPELINE: Buried pipe systems (including all pipe, pipe joints, fittings, valves, manholes, sumps, and appurtenances that are in contact with the substance being transported) utilized for 4-11-160 (Revised 5/18)11 - 36 the conveyance of hazardous materials. Pipe- lines include, but are not limited to, sanitary sew- ers, side sewers, storm sewers, leachate pipelines, and product pipelines. PLANNED UNIT DEVELOPMENT: (This defini- tion for RMC 4-3-090, Shoreline Master Program Regulations, use only.) Special contractual agreement between the developer and a govern- mental body governing development of land. PLANNED URBAN DEVELOPMENT (PUD): Any development approved and developed in ac- cordance with the terms of RMC 4-9-150, includ- ing a subdivision of such land, which develop- ment may occur at one time or in phases. PLANNING COMMISSION: That body as defined in chapters 35.63, 35A.63, or 36.70 RCW as des- ignated by the legislative body to perform a plan- ning function or that body assigned such duties and responsibilities under a city or county charter. PLANNING DIRECTOR: The individual under the direction of the Community and Economic Devel- opment Administrator who plans, organizes, coor- dinates and directs the City’s Planning Division, including the development and adoption of the City’s Comprehensive Plan, zoning, and develop- ment regulations, or designee. Additionally, the Planning Director is responsible for application and enforcement of the City’s zoning, shoreline management, and environmental ordinances, re- view and processing of all land use subdivision permit applications. PLANT ASSOCIATIONS OF INFREQUENT OC- CURRENCE: One or more plant species in a landform type that, because of the rarity of the habitat or the species involved, or both, or for other botanical or environmental reasons, do not often occur in King County. PLAT: A map or representation of a subdivision, showing thereon the division of a parcel of land into lots, blocks, streets, and alleys or other divi- sion and dedications. PLAT, FINAL: The final drawing of a subdivision and dedication prepared for filing for record with the County Auditor and containing all elements and requirements set forth in this Title and chap- ter 58.17 RCW. PLAT, PRELIMINARY: A drawing of a proposed subdivision of land into ten (10) or more individual lots showing the general layout of streets and al- leys, lots, blocks, and other elements of a subdi- vision consistent with the requirements of the City subdivision regulations and chapter 58.17 RCW. The preliminary plat shall be the basis for the ap- proval or disapproval of the general layout of a subdivision. PLAT, SHORT: The division or redivision of land into nine (9) or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease or transfer of ownership. POTABLE WATER: See RMC 4-6-100. POTENTIAL ANNEXATION AREAS: Areas within the Urban Growth Area that have been des- ignated for annexation to the City within the twenty (20) year planning horizon by agreement with King County as required by the Countywide Plan- ning Policies and the Growth Management Act. POTW: See RMC 4-6-100. PREAPPLICATION MEETING: A conference held with a project applicant and City representa- tive(s) in advance of the proposed land use proj- ect application. During the conference, the City representative(s) inform the applicant of applica- ble policies, plans, and requirements as they ap- ply to the proposed development project. PRELIMINARY APPROVAL: The official favor- able action taken on the preliminary plat of a pro- posed subdivision, metes and bounds descrip- tion, or dedication, by the Hearing Examiner following a duly advertised public hearing. PRELIMINARY PLAT: See PLAT, PRELIMINARY. PRESCHOOL: Nursery schools or kindergartens which are engaged primarily in educational work with children and in which no child is enrolled on a regular basis for more than four (4) hours per day. PRESSURE VACUUM BREAKER: See RMC 4-6-100. PRIMARY CONTAINMENT: See RMC 4-5-120G. PRIORITY HABITAT AND SPECIES: Habitats and species of importance and concern as identi- fied by the Washington State Department of Wild- life Priority Habitat and Species Program. “Priority habitats” are habitat types with unique or signifi- 4-11-170 11 - 36.1 (Revised 5/18) cant value to many species. An area classified and mapped as priority habitat must have one or more of the following attributes: 1. Comparatively high fish and wildlife den- sity. 2. Comparatively high fish and wildlife spe- cies diversity. 3. Important fish and wildlife breeding habi- tat. 4. Important fish and wildlife seasonal ranges. 5. Important fish and wildlife movement cor- ridors. 6. Limited availability. 7. High vulnerability to habitat alteration. 8. Unique or dependent species. “Priority species” are fish and wildlife species re- quiring protective measures and/or management guidelines to ensure their perpetuation. PRIVATE HYDRANT: A fire hydrant situated and maintained to provide water for firefighting pur- poses with restrictions as to use. The location may be such that it is not readily accessible for immediate use by the fire authority for other than certain private property. PRODUCT TIGHT: See RMC 4-5-120G. PROJECTION: The distance by which a sign ex- tends over public property or beyond the building line. PROPERTY OWNERS’ ASSOCIATION: See HOMEOWNERS’ ASSOCIATION. PROPONENT: See APPLICANT. PUBLIC ACCESS: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) A means of physical approach to and along the shoreline available to the general pub- lic. This may also include visual approach. PUBLIC AQUATIC LANDS: Land managed by the Washington State Department of Natural Re- sources (DNR) located inside the designated in- ner harbor line. PUBLIC FACILITIES: Publicly owned, operated, or leased land and the public facilities and/or uses contained therein, such as streets, roads, high- ways, sidewalks, street lighting systems, traffic signals, domestic water systems, storm and san- itary sewer systems, park and recreation facili- ties, schools, and public buildings. Public facilities do not include private structures or uses located on or utilizing public land or facilities (e.g., pri- vately owned and operated Wireless Telecommu- nication Facility located on leased public land). PUBLIC INTEREST: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) The interest shared by the citizens of the State or community at large in the affairs of government, or some interest by which their rights or liabilities are affected including, but not limited to, an effect on public property or on health, safety, or general welfare resulting from a use or development. PUBLICLY OWNED TREATMENT WORKS: See RMC 4-6-100. PUBLIC WORKS ADMINISTRATOR: The Ad- ministrator of the Public Works Department or designee. (Ord. 3719, 4-11-1983; Ord. 4007, 7-14-1986; Ord. 4039, 1-19-1987; Ord. 4346, 3-9-1992; Ord. 4351, 5-4-1992; Ord. 4367, 9-14-1992; Ord. 4517, 5-8-1995; Ord. 4521, 6-5-1995; Ord. 4522, 6-5-1995; Ord. 4577, 1-22-1996; Ord. 4827, 1-24-2000; Ord. 4835, 3-27-2000; Ord. 4840, 5-8-2000; Ord. 4851, 8-7-2000; Amd. Ord. 4963, 5-13-2002; Ord. 5028, 11-24-2003; Ord. 5080, 6-14-2004; Ord. 5124, 2-7-2005; Ord. 5137, 4-25-2005; Ord. 5356, 2-25-2008; Ord. 5470, 7-13-2009; Ord. 5478, 8-3-2009; Ord. 5519, 12-14-2009; Ord. 5520, 12-14-2009; Ord. 5529, 3-8-2010; Ord. 5571, 11-15-2010; Ord. 5633, 10-24-2011; Ord. 5675, 12-3-2012; Ord. 5676, 12-3-2012; Ord. 5759, 6-22-2015; Ord. 5818, 10- 17-2016; Ord. 5828, 12-12-2016; Ord. 5837, 6- 12-2017; Ord. 5853, 8-7-17; Ord. 5868, 12-11- 2017) 4-11-170 DEFINITIONS Q: QUALIFIED PROFESSIONAL: A person with ex- perience and training in the pertinent scientific 4-11-180 (Revised 5/18)11 - 36.2 discipline, and who is a qualified scientific expert with expertise appropriate for the relevant subject in accordance with WAC 365-195-905(4). A qual- ified professional must have obtained a B.S. or B.A. or equivalent degree in biology, and profes- sional experience related to the subject habitat or species. (Ord. 5137, 4-25-2005) 4-11-180 DEFINITIONS R: RAILROAD YARDS: An area for the switching, storing, assembling, distributing, consolidating, moving, repairing, weighing or transferring of cars, trains, engines, locomotives, and rolling stock. REAR YARD: See YARD REQUIREMENT. REASONABLE USE: A legal concept that has been articulated by federal and state courts in regulatory takings issues. RECEIVING BODIES OF WATER: Creeks, streams, rivers, lakes, storm sewers, wetlands and other bodies of water into which surface wa- ters are directed, either naturally or in manmade ditches or open and closed systems. RECOGNIZED HIGHER RISK: The handling, processing or storage of flammable, explosive, blasting or toxic agents and their related pro- cesses and/or activities which are generally con- sidered as high hazard occupancy by agencies and/or publications, which include but are not lim- ited to the Washington Surveying and Rating Bu- reau, the American Insurance Association as per its Fire Prevention Code and National Building Code, as the same may be amended from time to time as posing a higher risk on its neighbors and/ or adjacent or nearby properties natural or man- made waterways, or which may tend to endanger environmental qualities before special actions are taken to mitigate adverse characteristics. RECREATION: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) The refreshment of body and mind through forms of play, amusement or relaxation. The rec- reational experience may be active, such as boat- ing, fishing, and swimming, or may be passive such as enjoying the natural beauty of the shore- line or its wildlife. This definition includes both public and private facilities. RECREATION, ACTIVE: Leisure-time activities sometimes requiring equipment and taking place at prescribed places, sites, or fields. Active recre- ation includes such activities as swimming, boat- ing, tennis, fishing, soccer, etc. RECREATION, PASSIVE: Activities that involve relatively inactive or less energetic activities, such as walking, sitting, reading, picnicking, and card, board, or table games. RECREATIONAL FACILITIES, INDOOR: A place designed and equipped for the conduct of sports and leisure-time activities within an en- closed space. Examples include gymnasiums, amusement arcades, health and fitness clubs, in- door tennis and racquetball courts, bowling al- leys, and indoor swimming pools. This definition excludes indoor sports arenas, auditoriums, and exhibition halls. RECREATIONAL FACILITIES, OUTDOOR: A place designed and equipped for the conduct of sports and leisure-time activities with little or no enclosed space. Examples include: private (com- mercial or private club) outdoor tennis courts, pri- vate outdoor swimming pools, batting cages, amusement parks, miniature golf courses, golf driving ranges, and playgrounds. This definition excludes marinas, parks, golf courses and out- door sports arenas. RECREATIONAL VEHICLE: A vehicle that is: 1. Built on a single chassis; and 2. Four hundred (400) square feet or less when measured at the largest horizontal pro- jection; and 3. Designed to be self-propelled or perma- nently towable by a light duty truck; and 4. Designed primarily not for use as a per- manent dwelling but as temporary quarters for recreational, camping, travel, or seasonal use. This definition includes, but is not limited to, motor homes and travel trailers. RECYCLABLES: Newspaper, uncoated mixed paper, aluminum, glass and metal food and bev- erage containers, polyethylene terepthalate (PET #1) plastic bottles, high density polyethylene (HDPE #2) plastic bottles, and such other materi- 4-11-180 11 - 37 (Revised 5/18) als that the City and contractor determine to be recyclable. RECYCLABLES DEPOSIT AREA: In multi-fam- ily residences, commercial, industrial and other nonresidential development, the area(s) where recyclables will be stored. RECYCLING COLLECTION AND PROCESS- ING CENTER: A facility where collected recycla- ble items are brought for sorting, compaction, (Revised 5/18)11 - 38 This page left intentionally blank. 4-11-180 11 - 38a (Revised 8/17) transfer, and/or processing including changing the form of materials. RECYCLING COLLECTION STATION: A con- tainer or containers for the collection of second- hand goods and recyclable materials. REFUSE: A term synonymous with municipal solid waste (MSW) including all accumulations of waste matters discarded as of no further value to the owner, such as kitchen and table waste, wrap- pings and small discarded containers, and small dead animals weighing not over fifteen (15) pounds, but shall exclude all manure, sewage, large dead animals, petroleum products, clean- ings from public and private catch basins, washracks or sumps, bulk waste, recyclables, yard waste and special or hazardous wastes. REGULATED ACTIVITY: (For chapter 4-3 RMC, Critical Area Regulation Use only.) All existing and proposed activities located within a regulated critical area or critical area buffer. REGULATED SUBSTANCES: See RMC 4-5-120G. RELIGIOUS INSTITUTIONS: Churches, syna- gogues, temples and other places where gather- ing for worship is the principle purpose of the use. Typical accessory uses associated with this use include licensed day care facilities, playground, community meeting facilities, and private schools, rectory or convent, and offices for administration of the institution. REMOVAL OF VEGETATION: The actual re- moval or causing the effective removal through damaging, poisoning, root destruction or other di- rect or indirect actions resulting in the death of a tree or other vegetation. RENTAL UNIT: Any dwelling unit which is occu- pied pursuant to a lawful rental agreement, oral or written, express or implied, which was not owned as a condominium unit or cooperative unit on the effective date of RMC 4-9-040, Condominium Conversion Regulations. A dwelling unit in a con- verted building for which there has been no ac- ceptance of an offer of sale as of October 15, 1979, shall be considered a rental unit. REPAIR or MAINTENANCE: An activity that re- stores the character, scope, size, or design of a serviceable area, structure, or land use to its pre- viously existing, authorized and undamaged con- dition. Activities that change the character, size, or scope of a project beyond the original design are not included in this definition. RESEARCH – SCIENTIFIC (SMALL SCALE): The gathering of data, information, and facts for the advancement of knowledge. Small scale re- search is generally sponsored by an organization or government agency. Facilities may consist of temporary offices, sheds, or structures that have a small footprint. The uses have only limited im- pact on the underlying use of the site or environ- ment as determined by the Community and Economic Development Administrator. Such sci- entific research may be conducted in a building or in the field, may include investigation, testing or experimentation for study, research education, mitigation, and demonstration of scientific princi- ples and may be temporary in nature. RESTRICTIVE COVENANT: A restriction on the use of land set forth in a formal binding agree- ment running with the land and binding upon sub- sequent owners of the property. RETAIL, BIG-BOX: An indoor retail or wholesale use in a building no less than seventy five thou- sand (75,000) square feet of gross floor area and typically requires a high parking-to-building area ratio. Big-box retail buildings are typically single- story structures, with a mass that stands more than thirty feet (30') tall. Big-box retail/wholesale sales can include, but are not limited to, member- ship warehouse clubs that emphasize bulk sales, discount stores, and outlet stores. This definition excludes vehicle sales, outdoor retail sales, and adult retail uses. RETAIL SALES: Establishments within a perma- nent structure engaged in selling goods or mer- chandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. This defini- tion includes multi-story retail use buildings greater than seventy five thousand (75,000) square feet that have a minimum of two (2) stories dedicated to retail sales. This definition also in- cludes department stores, retail shops, grocery stores and large format retailers developing using a multi-story format. This definition excludes adult retail uses, vehicle sales, one-story big-box retail, outdoor retail sales, eating and drinking establish- ments, and taverns. RETAIL SALES, OUTDOOR: The display and sale of products and services primarily outside of 4-11-190 (Revised 8/17)11 - 38b a building or structure, including but not limited to garden supplies, tires and motor oil, farmers mar- kets, manufactured homes, burial monuments, building and landscape materials, lumber yards, vending machines, and retail product lockers. This definition excludes adult retail uses, or vehi- cle sales. RETAINING WALL: A wall designed to resist lat- eral earth and/or fluid pressures, including any surcharge, in accordance with accepted engi- neering practice. For the purposes of this Title, a “rockery” or “rock wall” is a type of retaining wall. Structural components of stormwater facilities shall not be interpreted to be a retaining wall. RETAINING WALL HEIGHT: The vertical dis- tance measured from the bottom of the footing to the finish grade at the top of the wall (i.e., upper soil grade). RETAINING WALL HEIGHT, EXPOSED: The vertical distance measured from the finish grade at the bottom of the wall (i.e., lower soil grade) to the finish grade at the top of the wall (i.e., upper soil grade). This height does not include the depth of footing below grade. RIPARIAN AREA: The upland area immediately adjacent to and paralleling a body of water and is usually composed of trees, shrubs and other plants. Riparian functions include bank and chan- nel stability, sustained water supply, flood stor- age, recruitment of woody debris, leaf litter, nutrients, sediment and pollutant filtering, shade, shelter, and other functions that are important to both fish and wildlife. ROADWAY: That portion of a street intended for the accommodation of vehicular traffic, generally within curb lines. ROCKERY: One or more courses of rocks stacked against an exposed soil face to protect the soil face from erosion and sloughing. The bot- tom course of rocks bears on the foundation soils and the upper rocks bear partially or entirely on the rocks below. A rockery is also known as a “rock wall.” ROOFS, PITCHED: A shed, gabled or hipped roof having a slope or pitch of at least one foot (1') rise for each four feet (4') of horizontal distance in the direction of the slope or pitch of the roof. ROUTINE VEGETATION MANAGEMENT: Tree and other vegetation management undertaken as part of a regularly scheduled program of mainte- nance and repair of property. (Ord. 3366, 10-15-1979; Ord. 4346, 3-9-1992; Ord. 4351, 5-4-1992; Ord. 4367, 9-14-1992; Ord. 4426, 11-8-1993; Ord. 4521, 6-5-1995; Ord. 4522, 6-5-1995; Ord. 4835, 3-27-2000; Ord. 4851, 8-7-2000; Amd. Ord. 4963, 5-13-2002; Ord. 5028, 11-24-2003; Ord. 5124, 2-7-2005; Ord. 5137, 4-25-2005; Ord. 5355, 2-25-2008; Ord. 5387, 6-9-2008; Ord. 5432, 12-8-2008; Ord. 5589, 2-28-2011; Ord. 5633, 10-24-2011; Ord. 5676, 12-3-2012; Ord. 5747, 1-12-2015; Ord. 5841, 6-12-2017) 4-11-190 DEFINITIONS S: SALES/MARKETING TRAILERS, ON-SITE: Trailers used for temporary on-site sales and mar- keting of developments and/or construction sites. SALMONID MIGRATION BARRIER: An in- stream blockage that consists of a natural drop (no human influence) with an uninterrupted slope greater than one hundred percent (100%) (forty five (45) degree angle) and a height in excess of eleven (11) vertical feet within anadromous salmon-bearing waters or a height in excess of three (3) vertical feet within resident trout-only bearing waters. Human-made barriers to salmo- nid migration (e.g., culverts, weirs, etc.) shall be considered barriers to salmonid migration by this definition, only if they were lawfully installed; per- manent; present a complete barrier to salmonid passage based on hydraulic drop, water velocity, water depth, or any other feature which would prevent all salmonids from passing upstream; and in the opinion of the Community and Eco- nomic Development Administrator cannot be modified to provide salmonid passage without re- sulting in significant impacts to other environmen- tal resources, major transportation and utility systems, or to the public, and would have signifi- cant expense. For the purposes of this definition, “significant expense” means a cost equal to or greater than fifty percent (50%) of the combined value of the proposed site buildings, structures, and/or site improvements, and existing buildings, structures, and/or site improvements to be re- tained. SCHOOLS/STUDIOS, ARTS AND CRAFTS: Schools and studios for education in various arts 4-11-190 11 - 38c (Revised 8/17) and crafts including but not limited to photogra- phy, dance, music, and language skills. SCOUR: The erosive action of running water in streams, which excavates and carries away ma- terial from the bed and banks. Scour may occur in both earth and solid rock material. SECONDARY CONTAINMENT: See RMC 4-5-120G. SECURE COMMUNITY TRANSITION FACILITY (SCTF): A residential facility for persons civilly committed and conditionally released to a less re- strictive alternative under chapter 71.09 RCW. A secure community transition facility has supervi- sion and security, and either provides or ensures the provision of sex offender treatment services. Secure community transition facilities include but are not limited to the facilities established pursu- ant to RCW 71.09.250 and any community-based facilities established under chapter 71.09 RCW and operated by or under contract with the Wash- ington State Department of Social and Health Services. (Ord. 4982, 9-23-2002) SEGREGATION: Division of land into lots or tracts each of which is one-one hundred twenty eighth (1/128) of a section of land or larger, or five (5) acres or larger if the land is not capable of de- scription as a fraction of a section of land. SENSITIVE AREAS: See CRITICAL AREAS. SEPA: The State Environmental Policy Act of 1971 (chapter 43.21C RCW). SERVICE AND SOCIAL ORGANIZATIONS: An incorporated or unincorporated nongovernmental or private association of persons organized for so- cial, education, literary or charitable purposes. This definition also includes community meeting halls, philanthropic institutions, private clubs, fra- ternal or nonprofit organizations, and social ser- vice organizations. This definition excludes reli- gious institutions and offices, and government facilities. SERVICEABLE: Presently usable. SERVICES, OFF-SITE: Establishments primarily engaged in providing individual or professional services at the customer’s home or place of busi- ness. Examples of off-site services include, but are not limited to, temporary employment ser- vices, janitorial services, and professional house cleaner services. This definition excludes service and social organizations and on-site services. SERVICES, ON-SITE: Establishments primarily engaged in providing individual or professional services within the place of business, such as beauty and barber shops, retail laundry and dry- cleaning including coin-operated, garment alter- ations and repair, photo studios, shoe repair, pet grooming, real estate offices, personal accoun- tants, indoor rental services, and repair of per- sonal or household items, except for vehicle repair. This definition excludes adult retail uses, service and social organizations, and off-site ser- vices. SETBACK: The minimum required distance be- tween the building footprint and the property line and any private access easement or tract. For lots containing private access easements, set- backs are the minimum required distance be- tween the building footprint and the easement. A setback is measured perpendicularly from a lot line or private easement access to the outer wall of the structure. In the case where a structure does not have an outer wall, such as a carport, the measurement shall be to the posts of such structure, unless otherwise determined by the Department of Community and Economic Devel- opment. SETBACK: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) A required open space specified in the Shoreline Master Program, measured horizon- tally upland from and perpendicular to the OHWM. SETBACK LINE, LEGAL: The line established by ordinance beyond which no building may be built. SEWAGE: See RMC 4-6-100. SEWAGE DISPOSAL AND TREATMENT PLANTS: A facility designed for the collection, re- moval, treatment, and disposal of waterborne sewage. This definition excludes disposal facili- ties. SEWAGE TREATMENT PLANT: See RMC 4-6-100. SEWAGE WORKS: See RMC 4-6-100. (Revised 8/17)11 - 38d This page left intentionally blank. 4-11-190 11 - 38.1 (Revised 12/11) SEWER: See RMC 4-6-100. SEWER, BUILDING: See RMC 4-6-100. SEWER, PUBLIC: See RMC 4-6-100. SEWER, SANITARY: See RMC 4-6-100. SHARED PARKING: Use of a parking area for more than one use. SHOPPING CENTER: A group of buildings, structures and/or uncovered commercial areas, or a single building containing four (4) or more in- dividual commercial establishments, planned, de- veloped and managed as a unit related in location and type of shops to the trade areas that the unit serves. SHORELAND or SHORELAND AREAS: Those lands extending landward for two hundred feet (200') in all directions, as measured on a horizon- tal plane from ordinary high water mark; flood- ways and contiguous floodplain areas landward two hundred feet (200') from such floodways; and all marshes, bogs, swamps, and river deltas, as- sociated with streams, lakes and tidal waters which are subject to the provisions of the State Shorelines Management Act. For purposes of de- termining jurisdictional area, the boundary will be either two hundred feet (200') from the ordinary high water mark, or two hundred feet (200') from the floodway, whichever is greater. SHORELINE STABILIZATION: Structural and nonstructural methods to address erosion im- pacts to property and dwellings, businesses, or structures caused by natural processes, such as currents, floods, tides, wind, or wave action. SHORELINES: All of the water areas of the State regulated by the City of Renton, including reser- voirs, and their associated shorelands, together with the lands underlying them, except: 1. Shorelines of statewide significance. 2. Shorelines on segments of streams up- stream of a point where the mean annual flow is twenty (20) cubic feet per second or less and the wetlands associated with such up- stream segments. 3. Shorelines on lakes less than twenty (20) acres in size and wetlands associated with such small lakes. SHORELINES OF STATEWIDE SIGNIFI- CANCE: Those shorelines described in RCW 90.58.030(2)(e). SHORELINES OF THE STATE: The total of all “shorelines” and “shorelines of statewide signifi- cance” regulated by the City of Renton. SHORT PLAT: The map or representation of a short subdivision. See PLAT, SHORT. SHORT SUBDIVISION: See PLAT, SHORT. SIDE SEWER: See RMC 4-6-100. SIDE SEWER STUB: See RMC 4-6-100. SIDE YARD: See YARD REQUIREMENT. SIDEWALK: A concrete walkway separated from the roadway by a curb, planting strip or roadway shoulder. SIGHT TRIANGLE: See CLEAR VISION AREA. 4-11-190 (Revised 12/11)11 - 38.2 SIGN: Any medium, including merchandise, its structure and component parts, that is used or intended to be used to attract attention to the subject matter for advertising purposes. Signs do not include sculptures, wall paintings, murals, collages, and other design features determined to be public art by the City. SIGN, A-FRAME: See SIGN, PORTABLE. SIGN, ANIMATED: A sign with action or motion, flashing or color changes requiring electrical en- ergy, electronic or manufactured source of supply, but not including revolving signs or wind actuated elements such as flags or banners. SIGN AREA: A measurement of the total area of a sign visible from any one viewpoint or direction, excluding the sign support structure, architectural embellishments, or, framework that contains no written copy, or does not form part of the sign proper or of the display. Freestanding letters or characters, where no background is specially pro- vided, shall be measured by determining the smallest rectangle or polygon that encloses the extreme limits of the shapes to be used. SIGN, COMBINATION: Any sign incorporating any combination of the features of pole, project- ing and roof signs. SIGN, ELECTRIC: Any sign containing or utiliz- ing electrical wiring, but not including signs illumi- nated by an exterior light source. SIGN, ELECTRONIC MESSAGE BOARD: Signs whose alphabetic, pictographic, or symbolic infor- mational content can be changed or altered on a fixed display screen composed of electrically illu- minated segments. SIGN, FREESTANDING: A sign wholly sup- ported by a sign structure in the ground. SIGN, GROUND: A type of freestanding sign, other than a freestanding pole sign, in which the sign is in contact with or close to the ground, has a solid base anchor, and is independent of any other structure. SIGN HEIGHT: Measured as the distance from grade, unless otherwise designated, to the top of the sign or sign structure. SIGN, ON-PREMISES: A sign which displays only advertising copy strictly incidental to the law- ful use of the premises on which it is located, in- cluding signs or sign devices indicating the business transacted at, services rendered, goods sold or produced on the immediate premises, name of the business, person, firm or corporation occupying the premises. SIGN, POLITICAL: Signs advertising a candidate or candidates for public, elective office or a politi- cal party, or signs urging a particular vote or ac- tion on a public issue decided by ballot whether partisan or nonpartisan. SIGN, PORTABLE: A sign not permanently af- fixed which is designed for or capable of move- ment, except for those signs explicitly designed for people to carry on their persons or which are permanently affixed to motor vehicles. A. Sign, A-Frame: A nonilluminated type of por- table sign comprised of hinged panels configured in the shape of the alphabetic letter “A.” These signs contact the ground but not are not anchored This figure illustrates the different sign types and is not indicative of permissible type or number of signs. BUILDING FACADE TEMPORARY SIGN MARQUEE MARQUEE SIGN FREESTANDING OR POLE SIGN PROJECTING SIGN FREESTANDING, MONUMENT OR GROUND SIGN WALL SIGN ROOF AWNING SIGN 4-11-190 11 - 38.3 (Revised 12/11) to the ground and are independent of any other structure. SIGN, PRIMARY ENTRY: A type of freestanding sign, other than a pole sign, of ten feet (10') or less in height, in which the sign is in contact with the ground, has a solid base anchor, and is inde- pendent of any other structure and serves the function of directing customers to the main en- trance of a multi-tenant building or multi-building complex. SIGN, PROJECTING: A sign other than a wall sign which projects from and is supported by a wall or a building or structure, and does not ex- tend above any adjacent parapet or roof of the supporting building. SIGN, REAL ESTATE: A sign advertising and/or directing individuals to the sale, rent or lease of property. A. Commercial Real Estate Banner Sign: A sign of any shape made of lightweight fabric or similar material that is mounted to a building by any means, and indicating that the property is for sale, rent, or lease. National flags, state or munic- ipal flags, holiday flags, or the official flag of any institution or business shall not be considered banners. B. Decorative Real Estate Flag: A portion of lightweight fabric or similar material, supported by a vertical or horizontal staff, intended to flutter in the wind, and is used to attract attention to any type of residential development for sale, rent, or lease. National flags, state or municipal flags, hol- iday flags, or the official flag of any institution or business shall not be considered banners. C. Freestanding Real Estate Signs: Any type of nonilluminated freestanding sign, indicating that the property on which it is located, is for sale, rent, or lease. This sign type includes yardarm or ground signs. D. Open House Sign: A nonilluminated type of portable sign comprised of hinged panels config- ured in the shape of the alphabetic letter “A,” no larger than thirty two inches wide by thirty six inches high (32" by 36") per each sign face. The sign text for an open house sign contains the phrase: “open” or “for sale” or “for rent” or “for lease.” E. Real Estate Directional Sign: Any nonillu- minated type of freestanding sign that provides direction to property(ies) for sale, rent, or lease. Within the City Center Sign Regulation Bound- aries (as shown in RMC 4-4-100H3), real estate directional signs may also include portable signs comprised of hinged panels configured in the shape of the alphabetic letter “A.” F. Real Estate Sign Kiosk: A City-approved monument style sign in the public right-of-way or on private property consolidating numerous real estate directional signs and designed to reduce sign clutter. G. Real Estate Sign Kiosk Directional Panel: A sign affixed within an approved real estate sign kiosk indicating direction to various real estate developments. SIGN, ROOF: A sign erected upon or above a roof or parapet of a building or structure. SIGN STRUCTURE: Any structure which sup- ports or is capable of supporting any sign as de- fined in this Title. A sign structure may be a single pole and may not be an integral part of the build- ing. SIGN, TEMPORARY: Any sign, banner, or adver- tising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materi- als, with or without frames, or advertising device intended to be displayed only for a limited period of time including the following types of signs: A. Advertising Device: Balloons, flags, inflat- able statuary and figures, light strings, pennants/ streamers, portable readerboards, searchlights, wind-animated devices, and similar devices of a carnival nature. B. Balloon: A spherical, flexible, nonporous bag inflated with air or gas lighter than air, such as helium, and intended to float in the air. C. Banner: Any sign of lightweight fabric or sim- ilar material that is mounted to a pole and/or build- ing by any means. National flags, state or municipal flags, holiday flags, or the official flag of any institution or business shall not be considered banners. A banner is not defined by shape and may be square, rectangular, round, triangular/ pennant shaped, etc. 4-11-190 (Revised 12/11)11 - 38.4 1. Banner, Pole Hung: A banner attached at its top and bottom to a pole or light stan- dard by extensions from the pole. 2. Banner, Pole/Wall Strung: A banner at- tached at its top and bottom corners strung between buildings, poles, and/or light stan- dards. 3. Banner, Wall Hung: A banner attached to a building and where the banner lies flat against the building surface at all times. D. Devices of a Carnival Nature: All temporary signs, advertising devices, lights, and other means of attracting attention, which are com- monly associated with carnival settings, and which are not otherwise specifically identified in the Renton Municipal Code. Fabric or plastic bunting shall be considered one type of carnival device. E. Flag: A piece of cloth or plastic, supported by a vertical or horizontal staff, which is intended to flutter in the wind. 4-11-190 11 - 39 (Revised 5/08) F. Inflatable Statuary: An advertising device that is inflated and the likeness of an animate or inanimate object or cartoon figure is used to at- tract attention, advertise, promote, market, or dis- play goods and/or services. G. Manual Message Board: Any sign that is designed so that characters, letters, or illustra- tions can be changed or rearranged by hand with- out altering the face or the surface of the sign. H. Pennant/Streamer: An individual object and/or series of small objects made of lightweight plastic, fabric, or other material, which may or may not contain text, which is suspended from and/or twined around a rope, wire, or string. I. Readerboards, Portable: A sign which is self-supporting but not permanently attached to the ground or building and can be moved from one location to another and is typically internally illuminated. Portable readerboards are also known as “trailer signs.” J. Sign, Rigid Portable: A sign which is not permanently affixed and designed for or capable of movement. Those signs explicitly designed for people to carry on their persons or which are per- manently affixed to motor vehicles are considered to be rigid portable signs. A rigid portable sign is not considered to be a portable readerboard or “trailer sign.” K. Sign, Window: Any sign, temporary or per- manent, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window. In- terior display of merchandise for sale, including accessory mannequins and other props, shall not be considered window signs. L. Wind-Animated Object: Any device, e.g., windsocks, pinwheels, whirligigs, etc., whose pri- mary movements are caused by the wind or at- mospheric conditions, attached by a tether. A balloon or inflatable statuary, with or without moveable parts, is not considered a wind-ani- mated object. SIGN, TRADITIONAL MARQUEE: A sign typi- cally associated with movie theaters, performing arts theaters, and theatrical playhouses. The sign is attached flat against and parallel to the surface of a marquee structure. In addition, a changeable copy area is included where characters, letters, or illustrations can be changed or rearranged with- out altering the face or the surface of the sign. SIGN, UNDER MARQUEE: A lighted or unlighted display attached to the underside of a marquee protruding over public or private sidewalks. Under marquee signs may also be called “under awning” or “under canopy” signs. SIGN, WALL: Any sign painted, attached or erected against the wall of a building or structure, with the exposed face of the sign in a plane paral- lel to the plane of said wall. In order to be consid- ered a wall sign, a sign may not extend above any adjacent parapet or the roof of the supporting building. SIGNIFICANT #2 RATING: A rating assigned to wetlands in King County that are greater than one acre in size; equal to or less than one acre in size and having a forested vegetation class; or the presence of heron rookeries or raptor nesting trees. SINGLE-WALLED: See RMC 4-5-120G. SITE PLAN: A detailed plan drawing, prepared to scale, showing accurate boundaries of a site and the location of all buildings, structures, uses, and principal site development features proposed for a specific parcel of land. SLOPE: An inclined ground surface the inclina- tion of which is expressed as a ratio of horizontal distance to vertical distance, which may be regu- lated or unregulated. SLOPE, STEEP: A hillside, or portion thereof, which falls into one of two (2) classes of slope, sensitive or protected. A. Slope, Protected: A hillside, or portion thereof, with an average slope, as identified in the City of Renton Steep Slope Atlas or in a method approved by the City, of forty percent (40%) or greater grade and having a minimum vertical rise of fifteen feet (15'). B. Slope, Sensitive: A hillside, or portion thereof, characterized by: (1) an average slope, as identified in the City of Renton Steep Slope At- las or in a method approved by the City, of twenty five percent (25%) to less than forty percent (40%); or (2) an average slope, as identified in the City of Renton Steep Slope Atlas or in a method approved by the City, of forty percent (40%) or 4-11-190 (Revised 5/08)11 - 40 greater with a vertical rise of less than fifteen feet (15'), abutting an average slope, as identified in the City of Renton Steep Slope Atlas or in a method approved by the City, of twenty five per- cent (25%) to forty percent (40%). This definition excludes engineered retaining walls. SMP: City of Renton’s Shoreline Master Program. SOIL ENGINEER: A licensed civil engineer expe- rienced and knowledgeable in the practice of soil engineering. SOIL ENGINEERING: The application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth or other materials and the inspection and testing of the construction thereof. SOIL ENGINEERING REPORT: A report includ- ing data regarding the nature, distribution, and strength of existing soils, conclusions and recom- mendations for grading procedures and design criteria for corrective measures when necessary, and options and recommendations covering ade- quacy of sites to be developed by the proposed grading. SOLAR ACCESS: Sunlight exposure on land without impairment by other development. SOLID WASTE: Shall be defined as per Minimal Functional Standards for Solid Waste Handling, WAC 173-304-100(73). SPECIFIED ANATOMICAL AREAS: 1. Less than completely and opaquely cov- ered human genitals, anus, pubic region, but- tock, or female breast below a point immedi- ately above the top of the areola; or 2. Human male genitals in a discernibly tur- gid state, even if completely and opaquely covered. SPECIFIED SEXUAL ACTIVITIES: 1. Human genitals in a state of sexual stim- ulation or arousal; 2. Acts of human masturbation, sexual inter- course, sodomy, oral copulation, or bestiality; 3. Fondling or other erotic touching of hu- man genitals, pubic region, buttocks, or fe- male breasts, whether clothed or unclothed, of oneself or of one person by another; or 4. Excretory functions as part of or in con- nection with any of the activities set forth in this definition. SPORTS ARENAS, AUDITORIUMS, AND EXHI- BITION HALLS, INDOOR: A large enclosed facil- ity used for professional, semi-professional spectator sports, arena concerts, expositions, and other large-scale public gatherings. This def- inition includes stadiums, concert halls, auditori- ums, exhibition halls, and accessory eating and drinking establishments. This definition excludes sports arenas or stadiums associated with schools, cultural facilities, movie theaters, and entertainment clubs. SPORTS ARENAS, OUTDOOR: A large outdoor facility used for professional, semi-professional spectator sports, arena concerts, and other large- scale public gatherings. This definition includes but is not limited to stadiums, concert arenas, and accessory eating and drinking establishments. This definition excludes sports arenas or stadi- ums associated with schools, cultural facilities, movie theaters, and entertainment clubs. STABLES, COMMERCIAL: A land use on which large lot domestic animals are kept for sale or hire to the public. Breeding, boarding, or training of large lot domestic animals may also be con- ducted. STACKING SPACE: The space specifically des- ignated as a waiting area for vehicles whose oc- cupants will be patronizing a drive-through business. Such space is considered to be located directly alongside a drive-in window, facility or en- trance used by patrons and in lanes leading up to the business establishment. START OF CONSTRUCTION: Includes substan- tial improvement and means the date the building permit was issued; provided, the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of perma- nent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Perma- 4-11-190 11 - 41 (Revised 8/17) nent construction does not include land prepara- tion, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property as accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STORAGE, BULK: 1. The holding or stockpiling on land of ma- terial and/or products where such storage constitutes forty percent (40%) of the devel- oped site area and the storage area is at least one acre, and where at least three (3) of the following criteria are met by the storage activ- ity: a. In a bulk form or in bulk containers; b. Under protective cover to the essen- tial exclusion of other uses of the same space due to special fixtures or exposed to the elements; c. In sufficient numbers, quantities or spatial allocation of the site to determine and rank such uses as the principal use of the site; d. The major function is the collection and/or distribution of the material and/or products rather than processing; and e. The presence of fixed bulk contain- ers or visible stockpiles for a substantial period of a year. 2. Bulk storage facilities include, but are not limited to: a. Automobile holding and transfer de- pots; b. Brick or tile storage and manufactur- ing; c. Concrete block and products storage and manufacturing; d. Contractor equipment yards; e. Equipment or machinery of the sta- tionary type not in use, not mounted on necessary foundations or connected as required when during use, not designated and used as portable, and not stored in a warehouse. This includes operable motor vehicles or wheeled equipment used only periodically where storage durations ex- ceed those provided for parking lots as defined in RMC 4-4-080, Parking, Load- ing and Driveway Regulations; f. Foundries; g. Fuel yards, wholesale; h. Grain or feed sites, elevators, or the open storage of grain and feed; i. Log, random cut and chipped wood by-products storage; j. Lumber mills and wholesalers; k. Sand and gravel yards including siz- ing, transfer and loading equipment when present; l. Scrap or junk yards and wrecking yards; m. Solid waste holding and disposal ar- eas; n. Tank farms including distribution and loading systems. 3. Bulk storage facilities exclude: a. Land banks, greenbelts, watersheds or public water reservoirs; b. Parking lots or structures for private licensed automobiles; c. Ship yards; d. Warehouses alone or in conjunction with manufacturing on the site and when not including any of the uses listed above in subsection (2)(a) through (2)(n) of this definition; 4-11-190 (Revised 8/17)11 - 42 e. Facilities for storage of petroleum or any of its by-products, for use incidental to the primary use of the property (e.g., heating, boiler or vehicular fuel or lubri- cants); f. Retail service stations; g. Retail sales lots for new or used au- tomobiles. STORAGE, HAZARDOUS MATERIAL, ON- SITE OR OFF-SITE, INCLUDING TREATMENT: A facility engaged in storage of materials, pro- duced on-site or brought from another site, that are inflammable, explosive, or that present haz- ards to the public health, safety, and welfare in- cluding all substances and materials as defined under hazardous materials, hazardous sub- stances, and hazardous waste. STORAGE, INDOOR: A use engaged in the stor- age of goods and/or materials characterized by infrequent pick-up and delivery, and located within a building. The definition excludes hazard- ous material storage, self-service storage, ware- housing and distribution, and vehicle storage. STORAGE, OUTDOOR: The outdoor accumula- tion of material or equipment for the purpose of sale, rental, use on site, or shipping to other loca- tions. This definition excludes hazardous material storage, warehousing and distribution, vehicle storage, and outdoor retail sales. STORAGE, SELF-SERVICE: A building or group of buildings consisting of individual, self-con- tained units leased to individuals, organizations, or businesses for self-service storage of personal property. This definition excludes indoor storage, warehousing, outdoor storage, and hazardous material storage. STORAGE, VEHICLE: An indoor or outdoor area for parking or holding of motor vehicles and boats or wheeled equipment for more than seventy two (72) hours. This definition excludes vehicle sales, vehicle rental, tow truck operation/auto impound- ment yard, auto wrecking yard, outdoor storage, and indoor storage. STORM SEWER and STORM DRAIN: A sewer which carries storm surface water, subsurface water and drainage. See RMC 4-6-100. STORMWATER FACILITY: A constructed com- ponent of a stormwater drainage system, de- signed or constructed to perform a particular function, or multiple functions. Stormwater facili- ties include, but are not limited to, pipes, swales, ditches, culverts, street gutters, detention ponds, retention ponds, constructed wetlands, infiltration devices, catch basins, oil/water separators, and biofiltration swales. They may also include low impact development BMPs/facilities. Also re- ferred to as “Drainage Facility.” STORY: That portion of a building included be- tween the upper surface of any floor and the up- per surface of the floor above, except that the topmost story shall be that portion of a building in- cluded between the upper surface of the topmost floor and the ceiling or roof above, unless such area meets the definition of an attic. If the finished floor level directly above a usable or unused un- der-floor space is more than six feet (6') above grade for more than fifty percent (50%) of the total perimeter or is more than twelve feet (12') above grade at any point, such usable or unused under- floor space shall be considered as a story. STORY, FIRST: The lowest story in a building that qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet (4') be- low grade for more than fifty percent (50%) of the total perimeter, or not more than eight feet (8') be- low grade at any point. STREAM ALTERATION: The relocation or change in the flow of surface water runoff flowing in a natural or modified channel. 4-11-190 11 - 43 (Revised 5/18) STREAM/LAKE CLASS: The stream and lake waters in the City are defined by class as indi- cated in RMC 4-3-050. STREET AMENITIES: See STREET FURNI- TURE. STREET, ARTERIAL: Street intended for higher traffic volume and speed and classified as a prin- cipal or minor arterial on the City of Renton Arte- rial Street Plan. STREET, COLLECTOR: 1. A street providing access with higher traf- fic volumes than a typical residential, com- mercial, or industrial access street. Collector streets are designated by the Public Works Department. 2. A street classified as a collector street on the City of Renton Arterial Street Plan. STREET, COMMERCIAL ACCESS: A non-arte- rial street providing access to commercial land uses. STREET FRONTAGE: The portion of a lot or structure abutting a public or private right-of-way. Structures adjacent yet not adjoining a right-of- way shall be considered abutting if located within twenty feet (20'). STREET FURNITURE: Objects, such as outdoor seating, kiosks, bus shelters, tree grates, trash receptacles, and fountains that have the potential for enlivening and giving variety to streets, side- walks, plazas, and other outdoor spaces open to, and used by, the public. STREET GRID PATTERN, MODIFIED: A street system based upon a traditional grid pattern; however, offset intersections, loop roads, as well as angled or curved road segments may also be utilized on a limited basis. The block pattern is characterized by regular (i.e., rectangular or trap- ezoidal) blocks. STREET GRID PATTERN, TRADITIONAL: A system of platting, or of street design, that fea- tures parallel and perpendicular streets and inter- sections of streets at right angles that form short blocks. STREET, INDUSTRIAL ACCESS: A non-arterial street providing access to industrial land uses. STREET, PEDESTRIAN-ORIENTED: An area with streets and sidewalks specifically designated as such and intended for use by people walking; with special design and spatial treatment of build- ing frontages; built at human scale; with uses of interest to and functional for people on foot; and designed to hold interest for pedestrians by en- couraging walking, browsing, and taking in the scene, as designated via Master Plans or similar documents approved by the City. STREET, RESIDENTIAL ACCESS: A non-arte- rial street providing access to residential land uses, and not designated as a collector street by the Public Works Department. STRUCTURE: That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. STRUCTURE: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) A permanent or temporary edifice or building, or any piece of work artificially built or composed of parts joined together in some definite manner, whether installed on, above, or below the surface of the ground or water, except for vessels. SUBDIVISION: The division or redivision of land into lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership. See also PLAT and PLAT, SHORT. SUBDIVISION: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) A parcel of land divided into two (2) or more parcels. SUBDIVISION, PHASED: A subdivision which is developed in increments over a period of time. Preliminary plat approval must be granted for the entire subdivision and must delineate the sepa- rate divisions which are to be developed in incre- ments. The preliminary plat approval shall be con- ditioned upon completion of the proposed phases in a particular sequence and may specify a com- pletion date for each phase. Final plat approval shall be required for each separate phase of the preliminary plat. SUBDIVISION, UNIT LOT: A division of land (par- ent site), for the purpose of sale, lease, or transfer of ownership, underlying existing or proposed at- tached townhouse dwelling units that creates a unit lot for each dwelling, for which one or more 4-11-200 (Revised 5/18)11 - 44 boundaries of the individual unit lots coincide with the walls of the townhouse structure which sepa- rate individual attached townhouse dwelling units. SUBJECT PROPERTY: The tract of land which is the subject of the permit and/or approval action. SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of re- storing the structure to its before damaged condi- tion would equal or exceed fifty percent (50%) of the market value of the structure before the dam- age occurred. SUBSTANTIAL DEVELOPMENT: Any develop- ment of which the total cost or fair market value exceeds five thousand dollars ($5,000.00) or any development which materially interferes with the normal public use of the water or shoreline of the State. Exemptions in RCW 90.58.030(3)(e) and in RMC 4-9-190C are not considered substantial developments. SUBSTANTIAL DEVELOPMENT PERMIT: The shoreline management substantial development permit provided for in Section 14 of the Shoreline Management Act of 1971 (RCW 90.58.140). SUBSTANTIAL EXISTING IMPROVEMENTS: Physical improvements, such as residential and/ or commercial structures and their accessory structures, that have a reasonable remaining eco- nomic life as indicated by their assessed valua- tion. SUBSTANTIAL IMPROVEMENT: Any repair, re- construction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either: 1. Before the improvement or repair is started; or 2. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition “substantial im- provement” is considered to occur when the first alteration of any wall, ceiling, floor, or other struc- tural part of the building commences, whether or nor that alteration affects the external dimensions of the structure. The term does not, however, include either: 1. Any project for improvement of a struc- ture to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe liv- ing conditions; or 2. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. SUBTENANT: A person in possession of rental unit through the tenant with the knowledge and consent, express or implied, of the owner. SURFACE WATER DESIGN MANUAL: Shall be the 2016 King County, Washington, Surface Wa- ter Design Manual, amended by the City of Renton Amendments to the King County Surface Water Design Manual, dated December 12, 2016. SURVEY STANDARDS: City of Renton Survey Standards as adopted by the Planning/Building/ Public Works Department. (Ord. 2820, 1-14-1974; Ord. 3366, 10-15-1979; Ord. 3719, 4-11-1980; Ord. 4071, 6-1-1987; Ord. 4172, 9-12-1988; Ord. 4346, 3-9-1992; Ord. 4367, 9-14-1992; Ord. 4517, 5-8-1995; Ord. 4521, 6-5-1995; Ord. 4522, 6-5-1995; Ord. 4577, 1-22-1996; Ord. 4636, 9-23-1996; Ord. 4691, 1-6-1997; Ord. 4716, 4-13-1998; Ord. 4720, 5-4-1998; Ord. 4724, 5-11-1998; Ord. 4828, 1-24-2000; Ord. 4832, 3-6-2000; Ord. 4835, 3-27-2000; Ord. 4848, 6-26-2000; Ord. 4851, 8-7-2000; Ord. 4917, 9-17-2001; Amd. Ord. 4963, 5-13-2002; Ord. 5062, 1-26-2004; Ord. 5100, 11-1-2004; Ord. 5124, 2-7-2005; Ord. 5137, 4-25-2005; Ord. 5355, 2-25-2008; Ord. 5356, 2-25-2008; Ord. 5450, 3-2-2009; Ord. 5496, 10-5-2009; Ord. 5526, 2-1-2010; Ord. 5578, 11-15-2010; Ord. 5633, 10-24-2011; Ord. 5639, 12-12-2011; Ord. 5676, 12-3-2012; Ord. 5727, 10-20-2014; Ord. 5757, 6-1-2015; Ord. 5759, 6- 22-2015; Ord. 5818, 10-17-2016; Ord. 5828, 12- 12-2016; Ord. 5839, 6-12-2017; Ord. 5841, 6-12- 2017; Ord. 5868, 12-11-2017) 4-11-200 DEFINITIONS T: TANK VEHICLE: A vehicle other than a railroad tank car or boat, with a cargo tank mounted thereon or built as an integral part thereof used for the transportation of flammable or combustible 4-11-200 11 - 45 (Revised 8/17) liquids, LP-gas, or hazardous chemicals. Tank vehicles include self-propelled vehicles and full trailers and semi-trailers, with or without motive power, and carrying part or all of the load. TAVERN: An establishment used primarily for the serving of liquor by the drink to the general public that holds a Washington State tavern license. Es- tablishments in this category limit their dedicated dining area to less than fifteen percent (15%) of the total establishment and restrict entry to the premises to persons twenty one (21) years of age and older. This definition excludes restaurants, cafes, fast-food establishments, microbreweries with restaurants, and espresso stands. TAX LOT SEGREGATION: The separation of two (2) or more legal lots, as defined in RMC 4-11-120, into individual tax parcels. TAXI STAND: A facility for pick-up and drop-off of taxi patrons, typically characterized by an area for queuing passengers and taxis. TELECOMMUNICATIONS: The transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received. TEMPORARY HOMELESS ENCAMPMENT: A group of homeless persons temporarily residing out of doors on a site with services provided by a sponsor and supervised by a managing organiza- tion. A. Managing Organization, Temporary Homeless Encampment: A group or organiza- tion that has the capacity to organize and manage a temporary homeless encampment. A temporary encampment “managing organization” may be the same entity as the temporary homeless en- campment sponsor. B. Sponsor, Temporary Homeless Encamp- ment: A religious institution which: 1. Owns the property or has an ownership interest in the property, for which a temporary homeless encampment is to be located; and 2. Has an agreement with the temporary homeless encampment managing organiza- tion to provide basic services and support for the residents of a temporary homeless en- campment and liaison with the surrounding community; and 3. Joins with the managing organization in an application for a temporary homeless en- campment permit. A “sponsor” may be the same entity as the man- aging organization. TEMPORARY OR MANUFACTURED BUILD- INGS USED FOR CONSTRUCTION: Construc- tion site buildings housing the office of construc- tion/development management and sales staff for duration of construction. TEMPORARY USE: A use of limited term. Tem- porary uses may be established under special cir- cumstances for some temporary time period. TENANT: Any person who occupies or has a leasehold interest in a rental unit under a lawful rental agreement whether oral or written, express or implied. TERRACE: A relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes. THRESHOLD LIMIT VALUE (TLV): The concen- tration of certain airborne materials representing conditions under which it is believed and adopted by the American Conference of Governmental In- dustrial Hygienists (ACGIH) that nearly all work- ers may be repeatedly exposed day after day without adverse effects. TOE OF SLOPE: A point or line at the low point of a natural slope or slope created through an ex- cavation or cut where the lower surface changes to horizontal or meets the existing ground sur- face. The toe of a slope may be a distinct topo- graphic break in slope gradient or the point in which the lower most limit of a steep slope is in- clined at less than the gradient of that steep slope for a horizontal distance of a minimum of twenty five feet (25'). TOP OF SLOPE: A point or line on the upper sur- face of a natural slope or slope created through an excavation or cut where it changes to horizon- tal or meets the existing ground surface. The top of a slope may be a distinct topographic break in slope gradient or the point in which the upper most limit of a steep slope is inclined at less than 4-11-200 (Revised 8/17)11 - 46 the gradient of that steep slope for a horizontal distance of a minimum of twenty five feet (25'). A. Top of Excavation or Cut: The upper sur- face point where the excavation meets the origi- nal ground surface. B. Top of Embankment: The upper surface point or line to which the side slope changes to horizontal or meets original ground surface. TOW TRUCK: A vehicle equipped for and used in the business of towing or transporting vehicles. All tow trucks must display a valid Department of Licensing permit or decal that indicates the tow truck class. A. Class A: Trucks that are capable of towing and recovery of passenger cars, pickup trucks, small trailers, or equivalent vehicles. B. Class B: Trucks that are capable of towing and/or recovery of medium-size trucks, trailers, motor homes, or equivalent vehicles. C. Class E: Tow trucks designed and intended to transport vehicles entirely on a truck bed. TOW TRUCK OPERATION: A facility that dis- patches tow trucks for hire with no automotive storage area for impounded vehicles. TOW TRUCK OPERATION/AUTO IMPOUND- MENT YARD: A facility that dispatches tow trucks for hire with associated automotive storage area for impounded vehicles. TOXIC SUBSTANCE: Those materials listed and documented by the American Conference of Gov- ernmental Industrial Hygienists (ACGIH). TRACT: An area of land that meets one of the fol- lowing circumstances (wherever in this Title a tract is required to be created, if an applicant is not pursuing a subdivision then an easement shall be interpreted to suffice for a tract): 1. A physically separate and distinct prop- erty created pursuant to the provisions of this title, or pursuant to any previous laws govern- ing the subdivision, short subdivision, or seg- regation of land created expressly to provide a common benefit or public purpose, includ- ing but not limited to land provided for: storm water management, critical areas protection, utilities, recreation, or open space. Such tracts shall be unbuildable, except for the structures and infrastructure necessary to ful- fill the common benefit or public purpose for which the tract was created; or 2. A physically separate and distinct prop- erty that was not created pursuant to the pro- visions of this title, nor pursuant to any previous laws governing the subdivision, short subdivision, or segregation of land. Such tracts shall be unbuildable unless con- verted into a lot pursuant to the provisions of this title. TRADE OR VOCATIONAL SCHOOL: A school that provides post secondary education including industrial and technical processes and may in- clude continuing education courses as an acces- sory use. This definition does not include arts and crafts schools/studios, or other higher education institutions such as colleges, universities, or pro- fessional schools. TRAILER, TRAVEL: See RECREATIONAL VE- HICLE. TRANSIT CENTER: Any facility designed for ac- commodating large numbers of public transporta- tion passengers to wait, board, and disembark at the intersection of multiple transit routes. TRANSPORTATION MANAGEMENT PLAN: A plan developed by the occupant of a building or land use, or by the developer of a proposed proj- ect, designed to provide mechanisms for reduc- ing the vehicle demand generated by an existing or proposed land use. TRANSPORTATION SYSTEM, MULTI-MODAL: A system of transportation consisting of various types of conveyances, for example, light rail train and bus, or ferry and automobile. TREE: A woody perennial usually having one dominant trunk, or, for certain species, a multi- stemmed trunk system, with a potential minimum height of ten feet (10') at maturity. Any trees listed on the Complete King County Weed List shall not qualify as a tree. A. Tree, Dangerous: Any tree that has been certified, in a written report, as dead, terminally diseased, damaged, or otherwise dangerous to persons or property by a li- censed landscape architect, or certified ar- borist. 4-11-210 11 - 47 (Revised 5/18) B. Tree, Landmark: A tree with a caliper of thirty inches (30") or greater. C. Tree, Protected: A significant tree iden- tified to be retained as a condition of approval for a Land Development Permit. D. Tree, Significant: A tree with a caliper of at least six inches (6"), or an alder or cotton- wood tree with a caliper of at least eight inches (8"). Trees qualified as dangerous shall not be considered significant. Trees planted within the most recent ten (10) years shall qualify as significant trees, regardless of the actual caliper. TREE PROTECTION TRACT: A restrictive area where all retained and/or replacement trees are protected, and development, alteration, or distur- bance within the tract, or tree removal, is prohib- ited without the explicit approval of the City. Tree protection tracts may contribute to any required open space. TREE REMOVAL: The removal of a tree, through either direct or indirect actions, including but not limited to: (1) clearing, damaging or poisoning re- sulting in a dangerous tree; (2) removal of more than forty percent (40%) of the live crown; or (3) damage to roots or trunk that is likely to destroy the tree’s structural integrity. TREE TOPPING: The act of removing whole tops of trees, or large branches and/or trunks from the tops of trees, and leaving stubs or lateral branches that result in the disfigurement of the canopy. Tree topping is considered to be tree re- moval. Other common names for the practice in- clude hat-racking, lopping, heading, rounding over, and tipping. TREE TRIMMING: The intentional removal of a tree’s branches in order to reduce the live canopy of the tree by no more than forty percent (40%) during any consecutive twelve (12) months. Trim- ming more than forty percent (40%) of a tree’s canopy during any consecutive twelve (12) months shall be considered “tree topping.” TRUCK TERMINALS: A building or area in which semitrailers, including tractor and/or trailer units and other trucks are parked, stored for seventy two (72) hours or less, and dispatched. This facil- ity may include incidental servicing and washing facilities. (Ord. 2820, 1-14-1974; Ord. 3366, 10-15-1979; Ord. 3746, 9-19-1983; Ord. 4351, 5-4-1992; Ord. 4517, 5-8-1995; Ord. 4835, 3-27-2000; Ord. 4851, 8-7-2000; Amd. Ord. 4963, 5-13-2002; Ord. 5124, 2-7-2005; Ord. 5153, 9-26-2005; Ord. 5304, 9-17-2007; Ord. 5407, 9-15-2008; Ord. 5520, 12-14-2009; Ord. 5570, 11-15-2010; Ord. 5702, 12-9-2013; Ord. 5748, 1-12-2015; Ord. 5841, 6-12-2017) 4-11-210 DEFINITIONS U: UNAUTHORIZED RELEASE: Any spilling, leak- ing, emitting, discharging, escaping, leaching, or disposing of a hazardous material into the air, into groundwater, surface water, surface soils or sub- surface soils. Unauthorized release does not in- clude: intentional withdrawals of hazardous materials for the purpose of legitimate sale, use or disposal; and discharges permitted under Fed- eral, State or local law. UNAUTHORIZED RELEASE, UNDERGROUND STORAGE TANK: See RMC 4-5-120G. UNDERGROUND STORAGE FACILITY: See RMC 4-5-120G. UNDERWRITERS’ LABORATORIES: The Un- derwriters’ Laboratories, Inc. UNIQUE AND FRAGILE AREAS: Those por- tions of the shoreline which (1) contain or sub- stantially contribute to the maintenance of endangered or valuable forms of life and (2) have unstable or potentially hazardous topographic, geologic or hydrologic features (such as steep slopes, marshes). UNIQUE/OUTSTANDING #1 RATING: A rating assigned to wetlands in King County which have species that are listed as endangered or threat- ened, or the presence of critical or outstanding habitat for those species; wetlands having forty to sixty percent (40% to 60%) permanent open water in dispersed patches with two (2) or more vegeta- tion classes; wetlands equal to or greater than ten (10) acres in size and having three (3) or more wetland classes, one of which is open water; or the presence of plant associations of infrequent occurrence. 4-11-210 (Revised 5/18)11 - 48 URBAN: A Shoreline Master Program land use designation identifying an area for high intensity land uses. It is suitable for those areas presently subjected to extremely intensive land use pres- sures, as well as areas planned to accommodate future intensive urban expansion. URBAN CHARACTER: Attributes such as high residential densities and use intensities in multi- story buildings with small setbacks. URBAN EDGE AND URBAN FRINGE: The inter- face between high-density residential/high inten- sity uses and those that have lower density and intensity and are, therefore, more suburban. The urban fringe is the area where the suburban den- sities and uses become noticeably less intense and more rural. URBAN ENVIRONMENT: The combination of buildings, structures, and streetscape that, due to their nature, i.e., multi-storied, continuous facade, zero side setbacks, form a neighborhood or sec- tion of a city or urban place. URBAN GROWTH AREAS: Areas designated by a city and county for urban development over the next twenty (20) years as required by the Growth Management Act beyond which urban growth should not occur. USE: A. Use, Change of: A change of the primary use of a lot, building, or portion of a building to an- other use, as distinguished in RMC 4-2-060, Zon- ing Use Table – Uses Allowed in Zoning Designations. B. Uses, Permitted: Land uses allowed out- right within a zone. Uses accessory to permitted uses are treated in RMC 4-11-010 and 4-2-050. C. Uses, Prohibited: Any such use not specifi- cally enumerated or interpreted as allowable in that district. See RMC 4-2-050. D. Uses, Residential: Developments where persons reside including but not limited to single family dwellings, apartments, and condominiums. E. Uses, Unclassified: A use which does not appear in a list of permitted, conditional, or acces- sory uses, but which is interpreted by the Com- munity and Economic Development Administrator as similar to a listed permitted, con- ditional, or accessory use and not otherwise pro- hibited. See RMC 4-2-050. USED: The word “used” in the definition of “adult motion picture theater” herein describes a con- tinuing course of conduct of exhibiting “specific sexual activities” and “specified anatomical areas” in a manner which appeals to a prurient interest. UTILITIES: Utility lines and facilities related to the provision, distribution, collection, transmission or disposal of water, storm and sanitary sewage, oil, gas, power, and telephone cable, and includes fa- cilities for the generation of electricity. This defini- tion does not include sewage wastewater treat- ment plants, wireless communication facilities, or solid waste disposal/recycling facilities. A. Utilities, Large: Large scale facilities with ei- ther major above-ground visual impacts, or serv- ing a regional need such as two hundred thirty (230) kv power transmission lines, natural gas transmission lines, and regional water storage tanks and reservoirs, regional water transmission lines or regional sewer collectors and intercep- tors. B. Utilities, Medium: Moderate scale facilities serving the City, including subregional switching stations (one hundred fifteen (115) kv and smaller), and municipal sewer, water, and storm water facilities not included in a Council-adopted utility system plan. C. Utilities, Small: Small scale facilities serving local areas within the City, including underground power lines, water, sewer, and storm water facili- ties included within a Council-adopted utility sys- tem plan, fiber optic cable, pump stations and hydrants, switching boxes, and other structures normally found in a street right-of-way to serve abutting properties. Facilities also include electric vehicle infrastructure located on public or private property such as a charging station. UTILITY STANDARDS: For purposes of the aquifer protection regulations contained in RMC 4-3-050, Critical Area Regulations, standard de- sign and construction practices adopted by the Renton Water Utility. (Ord. 3719, 4-11-1983; Ord. 4007, 7-14-1986; Ord. 4346, 3-9-1992; Ord. 4577, 1-22-1996; Ord. 4716, 4-13-1998; Ord. 4851, 8-7-2000; Amd. Ord. 4-11-210 11 - 48.1 (Revised 5/18) 4963, 5-13-2002; Ord. 5124, 2-7-2005; Ord. 5450, 3-2-2009; Ord. 5650, 12-12-2011; Ord. 5676, 12-3-2012; Ord. 5869, 12-11-2017) (Revised 5/18)11 - 48.2 This page left intentionally blank. 4-11-220 11 - 49 (Revised 8/17) 4-11-220 DEFINITIONS V: VARIANCE: A grant of relief via departure from any provision of the requirements of this Title for a specific parcel, except use, without changing the Title regulations permanently or the underly- ing zoning of the parcel. The definition of variance does not include variations to provisions related to “use” including: size limits, units per structure, or densities. VEGETATION TYPES: Descriptive classes of the wetlands taxonomic classification system of the United States Fish and Wildlife Service Classifica- tion of Wetlands and Deepwater Habitats of the U.S. FWS/OBS – 79/31 (Cowardin, et al., 1979). VEHICLE: A. Vehicle, Large: Motor vehicles including, but not limited to, trucks, recreational vehicles, buses, boats, and heavy equipment, and similar size vehicles which have gross vehicle weights greater than ten thousand (10,000) pounds, but excluding aircraft. B. Vehicle, Small: Motor vehicles including, but not limited to, motorcycles, passenger cars, light trucks, vans, and similar size vehicles which have gross vehicle weights less than ten thousand (10,000) pounds. VEHICLE AND EQUIPMENT RENTAL, LARGE: Rental and incidental servicing of motor vehicles including but not limited to limousines, trucks, rec- reational vehicles, buses, boats, and heavy equipment, and similar size vehicles which have gross vehicle weights greater than ten thousand (10,000) pounds, but excluding airplanes or air- craft. This use excludes small vehicle rentals, and large and small vehicle sales. VEHICLE FUELING STATION: An establishment which supplies and dispenses motor fuels at retail as well as ordinary accessory uses, including but not limited to retail sales of food, groceries, and auto accessories, and eating and drinking estab- lishments. This definition includes automotive fuel dispensing facilities as defined in the IFC. VEHICLE RENTAL, SMALL: Rental and inciden- tal storage and servicing of motor vehicles includ- ing but not limited to motorcycles, passenger cars, watercraft, light trucks, vans, and similar size vehicles which have gross vehicle weights less than ten thousand (10,000) pounds. This use excludes large vehicle rentals, and large and small vehicle sales. VEHICLE SALES, LARGE: Sales, leasing, and incidental servicing of motor vehicles including, but not limited to, trucks, recreational vehicles, buses, boats, and heavy equipment, and similar size vehicles which have gross vehicle weights greater than ten thousand (10,000) pounds, but excluding airplanes or aircraft. This use excludes small vehicle sales, and large and small vehicle rentals. VEHICLE SALES, SMALL: Sales, leasing and in- cidental servicing of motor vehicles including, but not limited to, motorcycles, passenger cars, wa- tercraft, light trucks, vans, boats, and similar size vehicles which have gross vehicle weights less than ten thousand (10,000) pounds. This use ex- cludes large vehicle sales, and large and small ve- hicle rentals. VEHICLE SERVICE AND REPAIR: Maintenance of motorized vehicles including exchange of parts, installation of lubricants, tires, batteries, and similar vehicle accessories, minor customiz- ing and detail operations, and body shops, but ex- cluding operations associated with industrial engine or transmission rebuild operations. VEHICLE STORAGE: See STORAGE, VEHI- CLE. VESSEL: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) Ships, boats, barges, or any other floating craft which are designed and used for navigation and do not interfere with the normal public use of the water. VESTING: The establishment of a date that is used to determine which development regula- tions the City of Renton and the City’s Hearing Examiner will apply to the review of a valid and fully complete application or approved and unex- pired development permit. VETERINARY OFFICES/CLINICS: A place where common household pets are given medical care and the accessory indoor boarding of ani- mals is limited to twenty five percent (25%) of the net floor area or no more than five (5) days of short-term care incidental to the hospital use. VOLCANIC HAZARDS: Volcanic hazard areas are those areas subject to a potential for inunda- 4-11-230 (Revised 8/17)11 - 50 tion from post lahar sedimentation along the lower Green River as identified in Plate II, Map D, in the report U.S. Department of the Interior, U.S. Geological Survey (Revised 1998), Volcano Haz- ards from Mount Rainier, Washington. Open-File Report 98-428. (Ord. 4071, 6-1-1987; Ord. 4346, 3-9-1992; Ord. 4715, 4-6-1998; Amd. Ord. 4963, 5-13-2002; Ord. 5137, 4-25-2005; Ord. 5404, 7-21-2008; Ord. 5633, 10-24-2011; Ord. 5639, 12-12-2011; Ord. 5650, 12-12-2011; Ord. 5675, 12-3-2012; Ord. 5837, 6-12-2017) 4-11-230 DEFINITIONS W: WALL PLATE: A horizontal member built into or laid along the top of a wall to support and distrib- ute the pressure from joists, rafters, etc. 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. WAREHOUSING AND DISTRIBUTION: A use engaged in storage and distribution of manufac- tured 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 City of Renton Urban Center. WASTE RECYCLING AND TRANSFER FACILI- TIES: 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 op- erations. 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. WATERCOURSE: See RMC 4-6-100. 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 ter- minals, barge loading facilities, ship building and dry docking, marinas, aquaculture, float plane fa- cilities and sewer outfalls. WATER-ENJOYMENT USE: Referring to a rec- reational use, or other use facilitating public ac- cess 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 char- acteristic of the use and which through the loca- tion, 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-en- joyment 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 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 in- clude, but are not limited to, restaurants, muse- ums, aquariums, scientific/ecological reserves, resorts/hotels, riverwalk developments, and mul- tiple use commercial/office/residential develop- ments; provided, that such uses conform to the above water-enjoyment specifications and the provisions of the Shoreline Master Program. WATER-ORIENTED USE: “Water-oriented” re- fers to a use that is water-dependent, water-re- lated, water-enjoyment, or a combination of such uses. 4-11-230 11 - 50.1 (Revised 5/16) WATER-RELATED USE: Referring to a use or portion of a use which is not intrinsically depen- dent on a waterfront location, but whose eco- nomic viability is dependent upon a waterfront location because: 1. Of a functional requirement for a water- front 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 commer- cial activities and the proximity of the use to its customers makes its services less expen- sive and/or more convenient. Examples in- clude manufacturers of ship parts large enough that transportation becomes a signif- icant factor in the products cost, professional services serving primarily water-dependent activities and storage of water-transported foods. Examples of water-related uses may include warehousing of goods transported by water, sea- food processing plants, hydroelectric generating plants, gravel storage when transported by barge, oil refineries where transport is by tanker, and log storage. WELL: A pit or hole dug into the earth to reach an aquifer. WELL FIELD: An area which contains one or more wells for obtaining a potable water supply. WETLAND BUFFERS or WETLAND BUFFER ZONES: Areas that surround and protect a wet- land 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. Wet- land buffers minimize the short and long term im- pacts of development on properties abutting wetlands, preserve important wildlife habitat, al- low 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. WETLAND CATEGORY: A classification system used for the purpose of regulating wetlands in the (Revised 5/16)11 - 50.2 This page left intentionally blank. 4-11-230 11 - 51 (Revised 5/18) City. The criteria for determining a wetland’s cat- egory are listed in RMC 4-3-050M. WETLAND CREATION (OR ESTABLISH- MENT): The manipulation of the physical, chemi- cal, or biological characteristics present to develop a wetland that did not previously exist on an upland or deepwater site. Establishment re- sults in a gain in wetland acres. WETLAND, DISTURBED: Wetlands meeting the following criteria: 1. Are characterized by hydrologic isolation, hydrologic alterations such as diking, chan- nelization, 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. WETLAND EDGE: The boundary of a wetland as delineated using the Corps of Engineers Wet- lands Delineation Manual. WETLAND, EMERGENT: A regulated wetland with at least thirty percent (30%) of the surface area covered by erect, rooted herbaceous vege- tation as the uppermost vegetative strata. WETLAND ENHANCEMENT: The manipulation of the physical, chemical, or biological character- istics of a wetland (undisturbed or degraded) site to heighten, intensify, or improve specific func- tion(s) or for a purpose such as water quality im- provement, flood water retention or wildlife habitat. Enhancement results in a change in wet- land 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 com- monly associated with the terms “enhancement,” “management,” “manipulation,” and “directed al- teration.” WETLAND, FORESTED: A vegetation commu- nity with at least twenty percent (20%) of the sur- face area covered by woody vegetarian (trees) greater than twenty feet (20') in height. WETLAND, IN-KIND COMPENSATION: To re- place wetlands with substitute wetlands whose characteristics closely approximate those de- stroyed or degraded by a regulated activity. WETLAND, ISOLATED: Those regulated wet- lands 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 hydro- phytic vegetation between the wetland and any surface water. WETLAND, OFF-SITE COMPENSATION: To re- place wetlands away from the site on which a wet- land has been impacted by a regulated activity. WETLAND, ON-SITE COMPENSATION: To re- place wetlands at or adjacent to the site on which a wetland has been impacted by a regulated ac- tivity. 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 is- land. This term also includes activities commonly associated with the term “preservation.” Protec- tion/maintenance does not result in a gain of wet- land acres or function. WETLAND, REGULATED: See RMC 4-3-050. WETLAND RESTORATION: The manipulation of the physical, chemical, or biological characteris- tics of a site with the goal of returning natural/his- toric functions to former or degraded wetland. For the purpose of tracking net gains in wetland acres, restoration is divided into: Re-establishment: the manipulation of the physical, chemical, or biological characteris- tics of a site with the goal of returning natural/ historic functions to a former wetland. Re-es- tablishment results in rebuilding a former wet- land and results in a gain in wetland acres. Rehabilitation: the manipulation of the phys- ical, chemical, or biological characteristics of a site with the goal of repairing natural/his- toric functions of degraded wetland. Rehabil- itation results in a gain in wetland function, but does not result in a gain in wetland acres. WETLAND, SCRUB-SHRUB: A regulated wet- land with at least thirty percent (30%) of its sur- 4-11-230 (Revised 5/18)11 - 52 face area covered by woody vegetation less than twenty feet (20') in height at the uppermost strata. WETLANDS: Areas that are inundated or satu- rated by surface water or groundwater at a fre- quency 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 ar- eas. Wetlands do not include those artificial wet- lands intentionally created from nonwetland sites, including, but not limited to, irrigation and drain- age ditches, grass-lined swales, canals, deten- tion facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wet- lands created after July 1, 1990, that were unin- tentionally created as a result of the construction of a road, street, or highway. Wetlands include ar- tificial wetlands created from nonwetland areas to mitigate the conversion of wetlands. WETLANDS, NEWLY EMERGING: 1. Wetlands occurring on top of fill materi- als; and 2. Characterized by emergent vegetation, low plant species richness, and used mini- mally by wildlife. These wetlands are gener- ally found in the Black River Drainage Basin. WILDLIFE HABITAT: An area characterized by wildlife that forage, nest, spawn, or migrate through in search of food or shelter. WIRELESS COMMUNICATION FACILITIES – TERMS RELATED TO: A. Antenna: Any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio frequency sig- nals. B. 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 mes- sages, wireless experimentation, self-training, and emergency communication. The term “ama- teur” 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 as police and fire), or professional two (2) way radio services (such as maritime, aviation, taxis, etc.). C. Antenna Array: A group of antennas con- nected and arranged in a regular structure to form a single antenna that is able to produce radiation patterns not produced by individual antennas. D. Antenna, Panel: Transmits and receives ra- dio frequency signals in a specific directional pat- tern of less than three hundred sixty degrees (360°). E. Antenna, Vertical Monopole Amateur Ra- dio: A type of amateur radio device consisting of a single vertical element constructed of wire, alu- minum, or fiberglass without any attached hori- zontal antennas. This definition does include associated guy wires attached not more than half- way up the monopole for anchoring purposes. This definition does not include amateur radio an- tennas with any more than a single vertical ele- ment (e.g., tower or lattice-type amateur radio antennas). F. Base Station: A structure or equipment at a fixed location that enables FCC-licensed or au- thorized 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: 1. Equipment associated with wireless communications services as well as unli- censed wireless services and fixed wireless services such as microwave backhaul. 2. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, re- gardless of technological configuration (in- cluding distributed antenna systems (“DAS”) and small cell networks). 3. 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 re- viewed 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 4-11-230 11 - 53 (Revised 5/18) house equipment described in subsections F1 and 2 of this definition. G. Collocation: The mounting of antennas and related equipment on an existing support struc- ture by more than one wireless communications provider. H. Compound: The leased or owned property upon which all elements of a WCF reside, which is demarcated with security fencing. I. Eligible Facilities Request: Any request for modification of an existing tower or base station that does not substantially change the physical di- mensions of such tower or base station, involving: 1. Collocation of new transmission equip- ment; 2. Removal of transmission equipment; or 3. Replacement of transmission equipment. J. Eligible Support Structure: Any tower or base station as defined in this Section; provided, that it is existing at the time the relevant applica- tion is filed with the City. K. Equipment Cabinet: A mounted case with a hinged door used to house equipment for utility or service providers. L. Equipment Shelter: A room or building used to house equipment for utility or service providers (also known as a base station). M. Equipment Structure: A facility, shelter, cabinet or vault used to house and protect elec- tronic or other associated equipment necessary for processing wireless communications signals. “Associated equipment” may include, for exam- ple, air conditioning, backup power supplies and emergency generators. N. FAA: The Federal Aviation Administration, which maintains stringent regulations for the sit- ing, building, marketing and lighting of cellular transmission antennas near airports or flight paths. O. FCC: The Federal Communication Commis- sion, which regulates the licensing and practice of wireless, wireline, television, radio and other tele- communications entities. P. Microcells: A wireless communication facil- ity consisting of an antenna that is either: 1. Four feet (4') in height and with an area of not more than five hundred eighty (580) square inches; or 2. If a tubular antenna, no more than four inches (4") in diameter and no more than six feet (6') in length. Q. 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 struc- ture 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. R. Radome: A plastic housing sheltering the antenna assembly. S. 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. T. Satellite Dish: A microwave dish typically used for receiving television transmissions from at least one orbiting satellite. U. Service Provider: Is defined in accordance with RCW 35.99.010(6). Service provider shall in- clude those infrastructure companies that provide telecommunications services or equipment to en- able the deployment of personal wireless ser- vices. V. Small Cell Facility: A personal wireless ser- vices facility that meets both of the following qual- ifications: 1. Each antenna is located inside an an- tenna enclosure of no more than three (3) cu- bic feet in volume or, in the case of an antenna that has exposed elements, the an- tenna and all of its exposed elements could fit within an imaginary enclosure of no more than three (3) cubic feet; and 2. Primary equipment enclosures are no larger than seventeen (17) cubic feet in vol- ume. The following associated equipment 4-11-230 (Revised 5/18)11 - 54 may be located outside the primary equip- ment enclosure and, if so located, are not in- cluded in the calculation of equipment vol- ume: electric meter, concealment, telecom demarcation box, ground-based enclosures, battery backup power systems, grounding equipment, power transfer switch, and cutoff switch. W. Small Cell Network: A collection of interre- lated small cell facilities designed to deliver per- sonal wireless services. X. Support Structure: A structure used to sup- port wireless communication antennas and re- lated 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. Y. Tower: Any structure built for the sole or pri- mary purpose of supporting any FCC-licensed or authorized antennas and their associated facili- ties, 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 mi- crowave backhaul and the associated site. Types of towers include, but are not limited to: 1. Guyed Tower: A freestanding or sup- ported 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. 2. Lattice Tower: A self-supporting wire- less communication support structure that consists of metal crossed strips or bars to support antennas and related equipment. 3. Monopole I: A freestanding support structure less than sixty feet (60') in height, erected to support wireless communication antennas and connecting appurtenances. 4. Monopole II: A freestanding support structure sixty feet (60') or greater in height, erected to support wireless communication antennas and connecting appurtenances. 5. Stealth Tower: A freestanding support structure that is disguised as a natural or built object typically appearing in the natural or ur- ban landscape and is primarily erected to ac- commodate wireless communication facilities. Examples include, but are not lim- ited to, manmade trees, freestanding signs, flagpoles, light fixtures and clock towers. Z. WCF: See Wireless Communication Facility (WCF). AA. 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 equip- ment, generally contained within a compound. For purposes of this Title, a WCF includes anten- nas, support structures and equipment shelters, whether separately or in combination. BB. Wireless Communication Facility, Cam- ouflaged: 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 build- ing), in a manner that integrates and disguises the WCF with the building by matching architec- tural elements, colors, materials, etc. CC. Wireless Communication Facility, Con- cealed: 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. WRECKING YARD, AUTO: A facility for the dis- mantling or wrecking of used motor vehicles or trailers, or the storage, sale, or dumping of dis- mantled or wrecked vehicles or their parts, includ- ing the repair of wrecked vehicles, consistent with chapter 46.80 RCW. (Ord. 4007, 7-14-1986; Ord. 4346, 3-9-1992; Ord. 4351, 5-4-1992; Ord. 4689, 11-24-1997; Ord. 4716, 4-13-1998; Ord. 4835, 3-27-2000; Ord. 4851, 8-7-2000; Amd. Ord. 4963, 5-13-2002; Ord. 5137, 4-25-2005; Ord. 5241, 11-27-2006; Ord. 5633, 10-24-2011; Ord. 5639, 12-12-2011; Ord. 5675, 12-3-2012; Ord. 5676, 12-3-2012; Ord. 5746, 1-12-2015; Ord. 5757, 6-1-2015; Ord. 5790, 4-25-2016; Ord. 5876, 1-22-2018) 4-11-260 11 - 55 (Revised 5/18) 4-11-240 DEFINITIONS X: (Reserved) 4-11-250 DEFINITIONS Y: YARD: An open space between a building and a lot line. YARD REQUIREMENT: An open space on a lot unoccupied by structures, unless specifically au- thorized otherwise. The Planning Division shall determine the various yard requirements for uniquely shaped lots and flag lots. (See also SET- BACK.) A. Front Yard: The yard requirement that sep- arates the structure(s) from public right-of-way, private access easement, or shared driveway. For through lots, corner lots, and lots without street frontage, the front yard will be determined by the Planning Division Director. B. Secondary Front Yard: The yard require- ment for corner lots and through lots that serves as a second front yard abutting a street right-of- way, private street, or shared driveway. C. Rear Yard: The yard requirement opposite the front yard. Where a lot abuts an alley, the rear yard shall always be the yard abutting the alley. For irregularly shaped lots, the rear yard shall be measured from an imaginary line at least fifteen feet (15') in length located entirely within the lot and farthest removed and parallel to the front lot line or its tangent. D. Side Yard: The yard requirement which is not a front yard, a secondary front yard, or a rear yard. (Amd. Ord. 4963, 5-13-2002; Ord. 4999, 1-13-2003; Ord. 5100, 11-1-2004; Ord. 5702, 12- 9-2013; Ord. 5727, 10-20-2014; Ord. 5798, 4-25- 2016; Ord. 5841, 6-12-2017; Ord. 5867, 12-11- 2017) 4-11-260 DEFINITIONS Z: ZERO LOT LINE: A siting technique which allows single family houses to be built along one lot line. ZIPPER LOTS: A division of property using smaller lots with offset rear lot lines to allow a us- able rear yard. ZONE: A portion of the City to which a uniform set of regulations applies controlling the types and in- tensities of land uses. ZONING, AREAWIDE: Zoning adopted for all properties within a district consistent with the Comprehensive Plan, rather than on a lot-by-lot basis. (Ord. 4523, 6-5-1995; Ord. 4549, 8-21-1995; Ord. 4584, 2-12-1996; Ord. 4587, 3-18-1996; Ord. 4595, 4-8-1996; Ord. 4773, 3-22-1999; Amd. Ord. 4963, 5-13-2002; Ord. 5450, 3-2-2009; Ord. 5519, 12-14-2009) Building fees Index - 1 (Revised 5/18) A Adult retail, entertainment Exceptions 4-3-010B Liability 4-3-010D Measurement of distance requirements 4-3-010C Nonconforming uses 4-3-010F Prohibited where 4-3-010A Violation, penalty 4-3-010E Agricultural lands See Open space, agricultural, timber lands Agriculture sales See Home agriculture sales Airport related restrictions Airport influence area established 4-3-020A map 4-3-020F Federal aviation regulation Part 77, objects affecting navigable airspace 4-3-020G Hazard marking, lighting 4-3-020D Height limits 4-3-020B Noise exposure map 4-3-020H Safety verification, notification 4-3-020E Use restrictions 4-3-020C Alleys See under Street standards Alternate procedures Authority 4-9-250E1 Decision criteria 4-9-250E2 Purpose 4-9-250A4 Record of action 4-9-250E4 Substantiation, proof 4-9-250E3 Animals, keeping Additional animals generally 4-4-010H permit appeals 4-9-100K applicability 4-9-100B authority, responsibility 4-9-100C conditions 4-9-100H decision criteria 4-9-100G lot size requirements 4-4-010H2 maximum number permitted 4-9-100D notification, comment period 4-9-100F purpose 4-9-100A required when 4-4-010G3 requirements, fees 4-9-100E revocation 4-9-100J valid when 4-9-100I review criteria 4-4-010N Applicability 4-4-010B Authority, enforcement responsibility 4-4-010F Beekeeping 4-4-010M Exception 4-4-010C Home occupations 4-4-010I Kennels, stables, review criteria 4-4-010O Nonconforming 4-4-010P Nuisance, disturbance prohibited 4-4-010D Number permitted generally 4-4-010G Prohibited animals 4-4-010E Purpose, intent 4-4-010A Standards animal, food waste 4-4-010J5 barns, stables 4-4-010J2 fencing 4-4-010J3 health, safety 4-4-010J4 kennels, pet day cares 4-4-010K shelter location 4-4-010J1 Appeals See under Hearing examiner Aquifer protection areas See also Critical areas Administrative authority 4-9-015D Appeals 4-9-015I Exemptions 4-9-015C Hazardous materials release reports contents, timing 4-9-015G2 monitoring 4-9-015G3 required 4-9-015B3, 4-9-015G1 Permits closure application following operating permit revocation 4-9-015H4 conditions 4-9-015F2 required 4-9-015B2 submittal requirements 4-9-015F1 operating application following revocation 4-9-015H5 conditions 4-9-015E3 criteria 4-9-015E2 effect 4-9-015E4 reinstatement 4-9-015H2 renewal 4-9-015E5 required 4-9-015B1 revocation 4-9-015H3 submittal requirements, fees 4-9-015E1 suspension 4-9-015H1 transferability 4-9-015E6 Purpose of provisions 4-9-015A Arts commission See under Public art exemption procedures Automall district Applicability 4-3-040B Development standards 4-3-040D Fee waiver 4-3-040E Map 4-3-040G Permitted uses 4-3-040C Purpose of regulations 4-3-040A B Beekeeping See under Animals, keeping Binding site plan See under Subdivisions Boards, commissions See Specific Board, Commission Bonds Building sewer 4-6-040G12 City approval required 4-1-230A Drainage standards 4-6-030L Grading, excavation, mining regulations 4-4-060E Landscaping maintenance 4-4-080H3 Requirements 4-1-230D Shoreline permits 4-9-190G Types accepted generally 4-1-230C public works 4-1-230B Building code See also Buildings; International codes; Uniform codes Adopted 4-5-050A Amendments Section 905.3 4-5-050C1 Section 905.8 4-5-050C2 Section 3002.4 4-5-050C3 Applicability 4-5-050B Dry standpipes 4-5-050C2 Elevator car size 4-5-050C3 Sprinkler requirements 4-5-050D Standpipe requirements 4-5-050C1 Building fees Refunds 4-1-140 Buildings (Revised 5/18)Index - 2 Buildings See also Building code Appeals 4-5-140 Building official duties 4-5-020A Fees See Building fees Record of plat required 4-5-020A1 Violations, penalties 4-5-150 Bulk storage facilities Authority, responsible agency designated 4-4-110C3 Burden of providing data, information 4-4-110C4 Determination of application 4-4-110C2 Development standards 4-4-110D Evaluation criteria 4-4-110C5 Gaseous, particulate emissions control, efficiency rating 4-4-110D13n density of substances 4-4-110D13d during alert 4-4-110D13e existing facilities compliance 4-4-110D13m standards 4-4-110D13l hydroseeding 4-4-110D13f intent 4-4-110D13a location restrictions 4-4-110D13k notification 4-4-110D13i process methods 4-4-110D13b PSAPCA requirements 4-4-110D13c report additional authorized when 4-4-110D13j by developer 4-4-110D13g quarterly required when 4-4-110D13h Hazardous materials additional requirements 4-4-110D12g barrier design 4-4-110D12d separation from fire code dyke 4-4-110D12h combining requirements 4-4-110D12i fire suppression system 4-4-110D12e impervious surfacing 4-4-110D12j intent 4-4-110D12a off-site economic burdens 4-4-110D12b quantities, locations 4-4-110D12f Height of containers, stock piles 4-4-110D1 Higher standards applicable when 4-4-110B Intent 4-4-110A Landscaping, screening higher risk storage 4-4-110D3b intent 4-4-110D3a maintenance 4-4-110D3d other bulk storage 4-4-110D3c Light, glare intent 4-4-110D10a maximum levels 4-4-110D10c measurement method 4-4-110D10b Liquid waste discharges permits 4-4-110D9c regulated 4-4-110D9b sewer system standards 4-4-110D9d disposal schedule 4-4-110D9e intent 4-4-110D9a prevention of odors, gases 4-4-110D9g proof of compliance 4-4-110D9f treatment 4-4-110D9h Odorants intent 4-4-110D11a maximum levels 4-4-110D11b monitoring upon complaint 4-4-110D11d other remedies not impaired 4-4-110D11e testing procedures 4-4-110D11c Permit required 4-4-110C1 Review 4-4-110B Setbacks 4-4-110D2 Signs 4-4-110D4 Sound EDNA classifications 4-4-110D8c extension of restricted hours 4-4-110D8f intent 4-4-110D8a maximum levels 4-4-110D8d reduction due to measurement method 4-4-110D8e WAC regulations adopted 4-4-110D8b Surface drainage design criteria 4-4-110D5c intent 4-4-110D5a standards 4-4-110D5b Toxic substances intent 4-4-110D6a maximum concentrations 4-4-110D6c measurement methods 4-4-110D6d standards 4-4-110D6b Traffic, access control curb cuts 4-4-110D7d emergency vehicles 4-4-110D7c flow patterns 4-4-110D7d intent 4-4-110D7a overpasses 4-4-110D7f paving of routes 4-4-110D7g requirements 4-4-110D7b separation of parking from loading, maneuvering areas 4-4-110D7e setbacks 4-4-110D7d surfacing of storage areas 4-4-110D7h Variances 4-4-110E Bureau of fire prevention See under Fire department C Certificate of occupancy Application prior to excavation 4-4-030G2 Issuance upon request 4-4-030G3 Required 4-4-030G1 City council Authority, responsibilities 4-8-070I Common open space substitutions See Open space substitutions Community and economic development department Administrator 4-8-070D Comprehensive plan Adopted 4-1-060D Amendments authority 4-9-020B initiation 4-9-020C notice, comment period 4-9-020G purpose 4-9-020A review criteria 4-9-020F process 4-9-020E submittal requirements, fees 4-9-020D Consistency with regulations 4-1-070A Description 4-1-060B Elements land use map 4-1-060C3 optional 4-1-060C2 required 4-1-060C1 Instruments of implementation Title 4 4-1-070B1 Title 8 4-1-070B2 Critical areas Index - 3 (Revised 8/17) Title 10 4-1-070B3 Purposes 4-1-060A Conditional use permits See also Land use permits Applicability 4-9-030B Decision criteria adjacent properties, effect 4-9-030D3 compatibility 4-9-030D4 consistency with plans, regulations 4-9-030D1 crisis diversion facilities 4-9-030D10 crisis diversion interim service facilities 4-9-030D10 kennels 4-9-030D9 landscaping 4-9-030D8 live-work units 4-9-030D11 location 4-9-030D2 noise, light, glare 4-9-030D7 parking 4-9-030D5 pet day cares 4-9-030D9 secure community transition facilities 4-9-030D10 traffic 4-9-030D6 wireless communication facilities 4-9-030E Extension See Land use permits Procedures administrative approvals 4-9-030F6 associated permits, timeline 4-9-030F9 decision, conditions 4-9-030F8 generally 4-9-030F1 hearing process, examiner authority 4-9-030F7 notice, comment period 4-9-030F4 preapplication conference 4-9-030F2 public hearing determination 4-9-030F5 submittal requirements, fees 4-9-030F3 Purpose 4-9-030A Review authority 4-9-030C Revisions major 4-9-030G1 minor 4-9-030G2 Condominium conversions Applicability rental units in converted buildings 4-9-040D rental units not yet converted, cooperatives 4-9-040C Authority 4-9-040B Complaints 4-9-040G Consumer protections acceptance of offers 4-9-040F8 certification of repairs 4-9-040F2 delivery of documentation 4-9-040F7 disclosure requirements 4-9-040F3 false, misleading representations 4-9-040F5 inspection, repair, report 4-9-040F1 purchaser’s right to rescind 4-9-040F6 warranty of repairs 4-9-040F4 Tenant protections evictions during notice period 4-9-040E8 no sales on better terms 4-9-040E7 notice filing of conversion declaration 4-9-040E1 prior to sale to public 4-9-040E2 purchase rights availability to other tenants 4-9-040E6 subtenants 4-9-040E5 tenants in possession of units 4-9-040E3 tenants whose units are offered for sale prior to effective date 4-9-040E4 right to vacate 4-9-040E9 Violation, penalties 4-9-040I Waivers 4-9-040H Construction administrative code Appeals 4-5-060R Appendices 4-5-060A4 Applicability 4-5-060B, 4-5-060S Certificate of occupancy 4-5-060K Definitions 4-5-060A3 Demolition 4-5-060Q Design loads 4-5-060F Documents 4-5-060G Emergency measures 4-5-060P Enforcement 4-5-060C Fees 4-5-060I Inspections 4-5-060J Intent 4-5-060A5 Notices, orders 4-5-060N Organization, duties 4-5-060D Permits 4-5-060E Referenced codes 4-5-060A6 Scope 4-5-060A2 Service utilities 4-5-060L Temporary structures, uses 4-5-060H Title 4-5-060A1 Unsafe structures, equipment 4-5-060O Violations 4-5-060M Construction of new structures/use of existing Authorized when 4-4-030H1 Exceptions 4-4-030H2 Construction standards Aquifer protection areas 4-4-030C8 Construction debris 4-4-030C7 Haul hours 4-4-030C2 routes 4-4-030C1 Hydroseeding 4-4-030C6 Temporary erosion control 4-4-030C5 Work hours commercial, multi-family, new single family, other nonresidential 4-4-030C3b emergency extensions 4-4-030C4 single family remodel, addition 4-4-030C3a Crisis diversion facilities See also Zoning Conditional use permit decision criteria 4-9-030D10 Crisis diversion interim service facilities See also Zoning Conditional use permit decision criteria 4-9-030D10 Critical areas Administration, interpretation administrator duties 4-3-050D2 generally 4-3-050D1 other regulations 4-3-050D1a proposal approval 4-3-050D5b review authority 4-3-050D5 Alterations approval authority 4-3-050H2 corrective actions required 4-3-050H5 criteria 4-3-050J public notice required 4-3-050H6 purpose 4-3-050H1 studies required 4-3-050H3 surety, mitigation, monitoring required 4-3-050H4 unauthorized See Violations Appeals 4-3-050M Applicability 4-3-050B Aquifer protection areas See Aquifer protection areas; Wellhead protection areas Cross connections (Revised 8/17)Index - 4 Buffers alterations generally 4-3-050H, 4-3-050I maximum allowed 4-3-050I1 development standards, structure setbacks 4-3-050G2 exemptions 4-3-050C4 Coal mine hazards See Geologically hazardous areas Development, alteration permit requirements 4-3-050C1a Development standards 4-3-050G Enforcement See Violations Erosion hazards See Geologically hazardous areas Exemptions activities buffer areas 4-3-050C4 designated 4-3-050C3 letter 4-3-050C2 permit required 4-3-050C1 Fees 4-3-050F5 Floodways, flood hazard areas administration, interpretation 4-3-050D3 development standards 4-3-050G4 letter of exemption 4-3-050C2a map 4-3-050E3 prohibited activities 4-3-050C5a restoration standards 4-3-050N3a Geologically hazardous areas alteration criteria 4-3-050J1 development standards coal mine hazards 4-3-050G5e, 4-3-050G5i erosion hazards 4-3-050G5c landslide hazards 4-3-050G5b, 4-3-050G5h protected slopes 4-3-050G5f seismic hazards 4-3-050G5d sensitive slopes 4-3-050G5g steep slope types 4-3-050G5a independent review 4-3-050F6b letter of exemption 4-3-050C2a plans, studies required 4-3-050F2a restoration standards 4-3-050N3b review authority 4-3-050D5c Habitat assessment waiver 4-3-050F7a Habitat conservation areas development standards 4-3-050G6 letter of exemption 4-3-050C2a plans, studies required 4-3-050F2b restoration standards 4-3-050N3a review authority 4-3-050D5c Independent review, all areas 4-3-050F6a Landslide hazards See Geologically hazardous areas Maintenance See Mitigation Maps generally 4-3-050E steep slope delineation 4-3-050E4 updates 4-3-050E2 Mitigation monitoring 4-3-050L3 plan required 4-3-050L1 reports, plans required for letter of exemption 4-3-050C2c surety devices 4-3-050L2 Native growth protection areas 4-3-050G3 Nonconforming activities, structures 4-3-050C6 Plans, studies required 4-3-050F2 Preapplication consultation 4-3-050F1 Procedures, fees 4-3-050F Prohibited activities 4-3-050C5 Purpose of provisions 4-3-050A Report requirements, waivers 4-3-050F7 Seismic hazards See Geologically hazardous areas Streams, lakes alteration criteria 4-3-050J2 buffer alterations 4-3-050I2, 4-3-050J2 development standards 4-3-050G7 letter of exemption 4-3-050C2a map 4-3-050E5 mitigation plan 4-3-050L1g plans, studies required 4-3-050F2c waiver 4-3-050F7b prohibited activities 4-3-050C5b review authority 4-3-050D5c Submittal requirements 4-3-050F4 Testing authorized 4-3-050F3 Variances 4-3-050K Violations See also Environmental regulations investigations authorized 4-3-050N4 penalties 4-3-050N5 restoration minimum standards 4-3-050N3 plan requirements, timing 4-3-050N2 stop work order 4-3-050N1 Wellhead protection areas administration, interpretation 4-3-050D4 alteration criteria 4-3-050J3 development standards 4-3-050G8 letter of exemption 4-3-050C2a permit requirements 4-3-050C1b plans, studies required 4-3-050F2d prohibited activities 4-3-050C5c restoration standards 4-3-050N3a Wetlands alteration criteria 4-3-050J4 buffer alterations 4-3-050I3 development standards 4-3-050G9 letter of exemption 4-3-050C2a map 4-3-050E6 plans, studies required 4-3-050F2e waiver 4-3-050F7c prohibited activities 4-3-050C5b restoration standards 4-3-050N3a review authority 4-3-050D5c Cross connections See also Sanitary sewer standards; Water service standards Applicability 4-6-020B Authority 4-6-020C Backflow prevention assemblies installation 4-6-020D types 4-6-020E Inspection, testing 4-6-020G Purpose 4-6-020A Responsibilities owner 4-6-020F3 plan review section 4-6-020F2 water utilities section 4-6-020F1 D Definitions Designated 4-11-010 – 4-11-260 Density bonus review Allowances, review criteria 4-9-065D Applicability 4-9-065B Application submittal, fees 4-9-065C3 Environmental review procedures Index - 5 (Revised 3/17) Community and economic development administrator authority 4-9-065C2 Concurrent review 4-9-065C1 Purpose 4-9-065A Development regulations Adopted 4-1-030, 4-4-030B Intent 4-4-030A Interpretation administrative 4-1-080A conflicts, overlaps 4-1-080B minimum requirements 4-1-080C more restrictive standards to govern 4-1-080D terminology 4-1-080E Liability city officer, employee 4-1-090A disclaimer 4-1-090C owner, builder 4-1-090B Purpose 4-1-020 Revision process applicability 4-9-025C applications evaluation 4-9-025E submission 4-9-025D code interpretation request 4-9-025G coordination authority 4-9-025B notice, comment periods 4-9-025F purpose 4-9-025A Roles, responsibilities 4-1-050 Severability 4-1-120 Title 4-1-010 Title exclusivity, construction 4-1-130 Drainage standards See also Flood hazards under Critical areas Adjustment 4-6-030P Authority 4-6-030B Bonds, insurance construction 4-6-030L1 liability policy 4-6-030L3 maintenance, defect 4-6-030L2 required 4-6-030L Drainage review plan submittal 4-6-030H requirements core 4-6-030E2 special 4-6-030E3 scope 4-6-030E1 when required 4-6-030D Easement, tract creation 4-6-030F Fencing, landscaping 4-6-030G Illicit discharges, connections elimination appeal 4-6-030J4e notice of violation 4-6-030J4a required by 4-6-030J4b, 4-6-030J4c sample, analysis 4-6-030J4d prohibited 4-6-030J1, 4-6-030J2 record retention required 4-6-030J6 remedy 4-6-030J3 reporting requirements 4-6-030J5 Inspection, investigation, sampling 4-6-030O Maintenance of facilities by city 4-6-030M1 landscaping, improvements 4-6-030M4 not accepted by city 4-6-030M2 off-site drainage, separate system 4-6-030M3 other cases 4-6-030M5 retroactivity to city 4-6-030N Plan review, approval additional information 4-6-030K3 fees 4-6-030K2 tests 4-6-030K4 timing, process 4-6-030K1 Purpose 4-6-030A Severability 4-6-030R Stormwater pollution manual adopted 4-6-030I Surface water design manual adopted 4-6-030C Variance 4-6-030Q Violations, penalties 4-6-030S Driveway regulations See Parking, loading, driveway regulations E Electrical code See Renton Electrical Code Energy code See also Building code; International codes Adopted 4-5-051 Enforcement Purpose 4-1-100A Responsibility, authority 4-1-100B Environmental regulations Violations critical areas testing requirements 4-3-120C enforcement officer 4-3-120A penalties 4-3-120B Environmental review committee Authority, responsibilities 4-8-070E Environmental review procedures See also Critical areas Appeals 4-9-070R Applicable authority hydraulic projects 4-9-070E1 successor agencies 4-9-070E2 Authority 4-9-070B Categorical exemptions decision authority 4-9-070G2 effect 4-9-070G7 modifications 4-9-070G1 proposals description 4-9-070G3 exempt, nonexempt actions 4-9-070G5 review criteria 4-9-070G4 statutes adopted by reference 4-9-070G timing for identification 4-9-070G6 Critical areas designated 4-9-070H2 inapplicable SEPA exemptions 4-9-070H3 maps 4-9-070H1 threshold determinations 4-9-070H4 Definitions designated 4-9-070P1 statutes adopted by reference 4-9-070P Environmental checklist additional information 4-9-070I4 lead agency determination 4-9-070I2 preparation 4-9-070I3 required when 4-9-070I1 threshold determination 4-9-070I2 Environmental impact statements additional elements 4-9-070K7 information effect of inadequate 4-9-070K6 required 4-9-070K4 purpose 4-9-070K1 responsibility, preparation 4-9-070K2, 4-9-070K3 staff recommendation 4-9-070K5 Fees (Revised 3/17)Index - 6 statutes adopted by reference 4-9-070K1 Existing environmental documents, statutes adopted by reference 4-9-070N Forms, statutes adopted by reference 4-9-070Q General requirements, statutes adopted by reference 4-9-070C Lead agency city objections 4-9-070F4 determination 4-9-070F1 other agency as lead 4-9-070F3 status, shared duties agreements 4-9-070F2 statutes adopted by reference 4-9-070F Notice, commenting availability of records 4-9-070O6 consolidation 4-9-070O3 costs 4-9-070O4 draft, supplemental EISs 4-9-070O2 of actions 4-9-070O5 statutes adopted by reference 4-9-070O threshold determinations 4-9-070O1 Purpose of provisions 4-9-070A SEPA responsible official authority, responsibility 4-9-070D2 designated 4-9-070D1 SEPA substantive authority basis 4-9-070M2 conditions 4-9-070M3 denials 4-9-070M4 policies, goals 4-9-070M1 recommendation of conditions 4-9-070M5 revising conditions, reconsideration 4-9-070M6 statutes adopted by reference 4-9-070M Threshold determination changed, clarified proposals 4-9-070J4 DNS 4-9-070J5, 4-9-070J6 DS 4-9-070J6 early notice request 4-9-070J11 identification of impacts 4-9-070J1 mitigated DNS authorized, issuance 4-9-070J3 effect 4-9-070J10 notice, comment period 4-9-070J8 mitigation measures, specificity 4-9-070J7 staff recommendation 4-9-070J9 statutes adopted by reference 4-9-070J time limits 4-9-070J2 Environmentally sensitive areas See Critical areas; Environmental review procedures Excavation regulations See Grading, excavation, mining regulations F Fees See also Specific Fee; System development charges Drainage plans review 4-6-030K2 Extra designated 4-1-200 Land use permits 4-8-110C4 Lot line adjustments 4-7-060D Open space, agricultural, timber lands 4-9-140C Public art exemption procedures 4-9-160G4 Refunds, department of community and economic development 4-1-140 Sanitary sewer connections 4-6-040E3 Shoreline permits 4-9-190E3 Signs 4-4-100D1, 4-4-100H9d Street standards construction plan review 4-6-060N2 Underground storage tank secondary containment regulations 4-5-120J5 Utility lines underground installation permit 4-6-090E2 Waiver general 4-1-210A procedures 4-9-250C3 owner-occupied housing incentive zones 4-1-210B rental housing incentive 4-1-210C Fences, hedges, retaining walls Applicability 4-4-040B Commercial, industrial standards barbed wire fences 4-4-040E3 electric fences 4-4-040E2 location, height 4-4-040E1 special provisions 4-4-040E5 Compliance 4-4-040H Height restrictions, review of variation 4-4-040F Purpose 4-4-040A Requirements height, method of measurement 4-4-040C1 retaining walls 4-4-040C2 Residential standards access gate 4-4-040D4 barbed wire fences 4-4-040D5 electric fences 4-4-040D5 height limits corner lots 4-4-040D3 interior lots 4-4-040D2 maximum 4-4-040D1 Special administrative permits clear vision area 4-4-040G4 eligibility, application 4-4-040G1 evaluation criteria 4-4-040G2 measures to meet criteria 4-4-040G3 Fire code See also Building code Adopted 4-5-070B Amendments, additions, deletions 4-5-070C Hydrants accessibility 4-5-070D10 buildings more than 200 feet from street property line 4-5-070D12 commercial, business, industrial, manufacturing areas annexed properties 4-5-070D2c installation 4-5-070D2a number, location 4-5-070D2b contract for multiple uses 4-5-070D5 dead end mains 4-5-070D16 design, installation requirements 4-5-070D11 fire flow requirements 4-5-070D6 fire protection services changes in use requiring increase 4-5-070D19 meter, detector 4-5-070D17 use restrictions 4-5-070D18 violation, penalties 4-5-070D20 installation timing 4-5-070D1b location 4-5-070D9 number required 4-5-070D8 other area 4-5-070D3 plans required 4-5-070D1a prohibited type 4-5-070D15 required 4-5-070D1 residential sprinkling 4-5-070D7 service, testing 4-5-070D14 special locations 4-5-070D4 upgrade to standards 4-5-070D1c water system requirements 4-5-070D13 Purpose 4-5-070A Fire department Duty 4-5-020B Grading, excavation, mining regulations Index - 7 (Revised 5/18) Flood hazard regulations See Critical areas; Drainage standards Fuel gas code See also Building code Adopted 4-5-100 G Garage Location on steep slope, setback alternative 4-9-230 Garage sales Applicability 4-4-050A Conditions 4-4-050B Violations, penalties 4-4-050C Grading, excavation, mining regulations Air, water discharges 4-4-060J7 Appeals 4-4-060T Applicability 4-4-060B1 Application annexed activities 4-4-060B3 existing activities 4-4-060B2 Bond 4-4-060E Compliance with time periods 4-4-060B4 Conformance with state requirements 4-4-060C5 Cuts conformance 4-4-060M1 drainage, terracing 4-4-060M3 slope, maximum 4-4-060M2 Drainage conformance 4-4-060P1 disposal 4-4-060P4 minimum grade 4-4-060P4a overland runoff 4-4-060P5 releases 4-4-060P4b stream acceptance 4-4-060P4c subsurface 4-4-060P3 terrace 4-4-060P2 capacity 4-4-060P2c scouring 4-4-060P2b settling ponds 4-4-060P2d swales 4-4-060P2a Dust, mud control 4-4-060J8 Emergency permits 4-4-060C9 Engineering grading requirements 4-4-060H building division responsibilities 4-4-060H5 civil engineer responsibilities 4-4-060H2 contractors 4-4-060H8 engineering geologist responsibilities 4-4-060H4 fences, gates 4-4-060H6 reports 4-4-060H1 setbacks 4-4-060H7 soil engineer responsibilities 4-4-060H3 Erosion, sediment control standards 4-4-060D Fills compaction 4-4-060N5 conformance, waivers 4-4-060N1 drainage, terracing 4-4-060N7 ground preparation 4-4-060N3 materials 4-4-060N4 slope, maximum 4-4-060N6 slope location 4-4-060N2 Final inspection, approval 4-4-060R4 Hazard restoration required 4-4-060G Hydroseeding 4-4-060C4 Inspection authority 4-4-060F1 entry to be permitted 4-4-060F2 testing, reports 4-4-060I Landscaping 4-4-060C1 Licenses See Permits, licenses Maintenance, appearance 4-4-060J10 Noise levels 4-4-060J5 Notification of changes of responsibility 4-4-060C7 of completion 4-4-060R3 of noncompliance 4-4-060C6 Permits, licenses applicability 4-9-080B exemptions 4-9-080C major activity review process applicability of other requirements 4-9-080F8 authority 4-9-080F1 inspection, enforcement 4-9-080F9 license 4-9-080F3 permit expiration, extension 4-9-080F10 permit required 4-9-080F2 permit review criteria 4-9-080F4 permit transferability 4-9-080F11 plan approval 4-9-080F6 relinquishing jurisdiction 4-9-080F7 reuse of site 4-9-080F5 minor activity review process authority 4-9-080E1 license application 4-9-080E2 license issuance 4-9-080E4 permit revocation 4-9-080E5 work completion 4-9-080E3 required, fees drainage review threshold 4-4-060S2 generally 4-4-060S1 plans, calculations 4-4-060S3 submittal requirements 4-4-060S1 revocation 4-9-080G1 submittal requirements, fees 4-9-080D violations, penalties 4-9-080G Plans, reports as-graded grading 4-4-060R2a construction timing, final approval 4-4-060R1 geologic grading 4-4-060R2c required 4-4-060R2 soil grading 4-4-060R2b Property location, setbacks 4-4-060J4 Purpose 4-4-060A Safety 4-4-060J2 Scope 4-4-060B Screening 4-4-060C2 Slopes clearing, rounding tops 4-4-060J3 generally 4-4-060Q1 maximum permitted 4-4-060J1 other devices, methods 4-4-060Q2 top, toe setbacks 4-4-060L Soil compaction 4-4-060J11 erosion, sedimentation 4-4-060J9 Solid waste fills animal waste 4-4-060O10 applicable requirements 4-4-060O3 building debris, flammable material 4-4-060O8 bulk items 4-4-060O7 cell cover 4-4-060O5 compaction 4-4-060O6 drainage 4-4-060O13 location 4-4-060O4 prohibited activities 4-4-060O16 prohibited materials 4-4-060O12 Hearing examiner (Revised 5/18)Index - 8 reports contents 4-4-060O2 required 4-4-060O1 special requirements 4-4-060O15 stabilization 4-4-060O9 treatment 4-4-060O11 water disposal 4-4-060O14 Stop work order 4-4-060C8 Stream courses 4-4-060C3 Surface water adjacent bank slopes 4-4-060K3 depth of lakes 4-4-060K2 polluted, stagnant 4-4-060K1 Violations, penalties 4-4-060U Work hours 4-4-060J6 Work in progress 4-4-060J H Hazardous materials See Aquifer protection areas; Bulk storage facilities; Critical areas; Fire code Hearing examiner Appeals 4-8-070H4 Authority, duties 4-8-070H1 Interpretation 4-8-070H2 Recommendations 4-8-070H3 Hedges See Fences, hedges, retaining walls Home agriculture sales Applicability 4-4-015B Conditions 4-4-015E Purpose, intent 4-4-015A Right-of-way use 4-4-015D Supervision 4-4-015C Home occupations Applicability 4-9-090C Business license application 4-9-090F1 approval, issuance 4-9-090F3 comment period 4-9-090G3 renewal 4-9-090G4 required 4-9-090E Compliance with conditions 4-9-090F2 Defined 4-9-090A Exemptions 4-9-090C1 Inspection 4-9-090G2 Limitations customer visits 4-9-090G6 hours 4-9-090G7 use 4-9-090G5 Notification to neighbors 4-9-090G1 Prohibited 4-9-090D Purpose 4-9-090B Qualification standards 4-9-090F4 Hydrants See under Fire code I Impact fees Accounts established 4-1-190M1 fees encumbered schools 4-1-190M3 transportation, parks, fire 4-1-190M4 transfer to school districts, RRFA 4-1-190M2 Adjustment for future tax payments, other revenue sources 4-1-190K Administrative fees account established 4-1-190R4 appeals 4-1-190R3 deferred 4-1-190R1 independent calculations 4-1-190R2 refunds, waivers, credits 4-1-190R5 guidelines 4-1-190N Appeals authority 4-1-190L5 decisions 4-1-190L6 payment under protest 4-1-190L3 process and school district, RRFA representation 4-1-190L4 transportation, parks 4-1-190L1 Collection credit documentation required 4-1-190G6 deferral number limited 4-1-190G14 single-family, condominiums, multifamily dwellings 4-1-190G8 subdivisions, short subdivisions, planned unit developments 4-1-190G7 foreclosure by city 4-1-190G11 by school district 4-1-190G12 lien release 4-1-190G10 mixed use 4-1-190G4 payment methods 4-1-190G9 schools 4-1-190G2 timing 4-1-190G5 transportation, parks, fire 4-1-190G1 use, tenancy changes 4-1-190G3 Credits for dedications, improvement construction, past tax payments appeals 4-1-190J5 authority, process 4-1-190J2 criteria 4-1-190J1 past tax payments 4-1-190J4 school, fire impact fee responsibility 4-1-190J3 Debt service 4-1-190P4 Definitions 4-1-190D Exemptions authority 4-1-190I3 schools 4-1-190I1 transportation, parks, fire 4-1-190I2 Existing authority unimpaired 4-1-190S Findings, authority 4-1-190C Independent calculations adjustment 4-1-190H4 appeals 4-1-190H5 by city 4-1-190H1 by feepayer 4-1-190H2 consideration, review 4-1-190H3 Methodology, applicability 4-1-190F Purpose, intent 4-1-190B Rate review, adjustment school, fire 4-1-190Q2 transportation, parks 4-1-190Q1 Refunds, offsets development not constructed 4-1-190O6 failure to expend, encumber 4-1-190O1 interest earned 4-1-190O4 termination 4-1-190O5 time limit 4-1-190O3 timing 4-1-190O2 Required for building permit 4-1-190G13 Service area established 4-1-190E Title 4-1-190A Use 4-1-190P Land use permits Index - 9 (Revised 5/18) Improvement installation procedures deferral Community and economic development approval applicability 4-9-060C1 expiration 4-9-060C6 extension of time 4-9-060C7 plans required 4-9-060C4 waiver 4-9-060C5 record 4-9-060C12 security acceptable forms 4-9-060C8 binding 4-9-060C11 covenant option 4-9-060C9, 4-9-060C10 proceedings against 4-9-060C15 required 4-9-060C3 transferability 4-9-060C13, 4-9-060C14 Temporary occupancy permit applicability 4-9-060B1 expiration 4-9-060B4 extension 4-9-060B5 security required 4-9-060B3 International codes See also Specific Code Adopted 4-5-010A Amendments 4-5-010B K Kennels See also Pet day cares; Zoning Conditional use permit decision criteria 4-9-030D9 L Land clearing See Tree retention, land clearing Land use permits Appeals administrative decisions by hearing examiner 4-8-110E4 hearing format 4-8-110E1 prehearing conference 4-8-110E2 records 4-8-110E3 authority 4-8-110B city council burden of proof 4-8-110F5 decision documentation 4-8-110F8 evaluation criteria 4-8-110F6 final 4-8-110F9 findings, conclusions 4-8-110F7 letters of support 4-8-110F3 notice 4-8-110F3 review procedures 4-8-110F4 standing, parties 4-8-110F1 time to file 4-8-110F2 filing by facsimile 4-8-110C5 form, content 4-8-110C3 judicial review permitted when 4-8-110C11 limit on number 4-8-110C10 motions 4-8-110C6 notice, fee 4-8-110C4 parties 4-8-110C7 public hearing 4-8-110C8 restrictions on subsequent actions 4-8-110C9 scope, purpose 4-8-110A standing 4-8-110C1 time to file 4-8-110C2 Applicability 4-8-020 Applications administrative decision 4-8-100E fees 4-8-060D filing 4-8-060C hearing constitutes hearing by council 4-8-100G2 required 4-8-100G1 rules 4-8-100G3 letter of completeness 4-8-060G additional information 4-8-100C3 expiration 4-8-100C4 extension 4-8-100C5 incomplete 4-8-100C2 timing 4-8-100C1 multiple submittals 4-8-060E notices 4-8-100D purpose 4-8-060A report content 4-8-100F1 timing 4-8-100F2 submittal, filing 4-8-100B submittal waiver 4-8-060F vesting 4-8-060B Classifications procedures 4-8-080G purpose 4-8-080A review based on type 4-8-080B multiple applications 4-8-080C time frames designated 4-8-080E exclusions 4-8-080F Council action 4-8-100M Decision appeals 4-8-100J conditions 4-8-100H4 copies 4-8-100H6 correction 4-8-100H7 expiration 4-8-100K final 4-8-100H5 form, substance 4-8-100H1 jurisdiction termination 4-8-100H8 reconsiderations 4-8-100I time 4-8-100H2 time extension for filing 4-8-100H3 Effect of issuance 4-8-030 Exemptions from state requirements authority 4-8-050A nonproject permits 4-8-050E notification, procedure 4-8-050C, 4-8-050D review process, time limits 4-8-050B Large scale, phased projects 4-8-100L Notice administrative decisions 4-8-090E neighborhood meetings applicability 4-8-090A2 city involvement 4-8-090A9 consideration 4-8-090A8 location 4-8-090A4 notice mailing 4-8-090A5a meeting location sign 4-8-090A5b procedure content 4-8-090A6a materials 4-8-090A6b notes 4-8-090A6d sign-in sheet 4-8-090A6c purpose 4-8-090A1 submittal requirements 4-8-090A7 time 4-8-090A3 city council decision 4-8-090H Landscaping (Revised 5/18)Index - 10 development application applicability 4-8-090D1 notice 4-8-090D3 time 4-8-090D2 failure to receive 4-8-090I hearing examiner decision 4-8-090G public hearing 4-8-090F content 4-8-090F2 time 4-8-090F1 public signs information administrator’s discretion 4-8-090C8 applicability 4-8-090C1 content 4-8-090C5 duration 4-8-090C6 location 4-8-090C4 posting evidence 4-8-090C7 specifications 4-8-090C2 time 4-8-090C3 outreach applicability 4-8-090B2 purpose 4-8-090B1 standards 4-8-090B3 Preapplication meeting 4-8-100A Purpose, intent 4-8-010 Responsibilities of specific bodies 4-8-070B Review authority 4-8-070A Submittal requirements 4-8-120 building applications 4-8-120B definitions 4-8-120D land use applications 4-8-120C public works applications 4-8-120A Types, classifications 4-8-040 Land uses See Zoning Landmark designation, preservation Fee recovery 4-1-260C King County provisions incorporated 4-1-260D Landmarks commission authorized 4-1-260E Nomination approval 4-1-260B Purpose 4-1-260A Landscaping See also Screening of equipment, storage sites; Tree retention, land clearing Applicability 4-4-070B Approval authority 4-4-070E Calculation of required plantings 4-4-070G4 Compliance with standards 4-4-070G1 Conditional use permit decision criteria 4-9-030D8 Damaged 4-4-070Q Deferral of improvements 4-4-070N Description of types 4-4-070H Drainage 4-4-070K Exemptions 4-4-070C Existing landscaping, trees 4-4-070G3 Freeway frontage 4-4-070F7 Hazard avoidance 4-4-070G5 Installation 4-4-070M Irrigation, underground system automatic controller 4-4-070I1 exceptions for drought tolerant plants 4-4-070I2 Maintenance failure 4-4-070P2 required 4-4-070P1 security 4-4-070P3 Parking lot requirements 4-4-070F6 Pervious areas 4-4-070F5 Plans modifications 4-4-070O required, submittal 4-4-070D Plants 4-4-070L Projects abutting less intensive zones, uses 4-4-070F4 Purpose, intent 4-4-070A Requirements 4-4-070G Soil 4-4-070J Storm drainage facilities 4-4-070F8 Street frontage 4-4-070F1 Trees 4-4-070F2, 4-4-070F3, 4-4-070G2 Urban separators 4-4-070F9 Variances 4-4-070R Vegetation preference 4-4-070G6 Licenses Grading, excavation, mining regulations 4-9-080F3 Home occupations 4-9-090E Lighting, exterior onsite Appeals 4-4-075I Applicability 4-4-075B Building lights 4-4-075E1 Enforcement authority 4-4-075D Exemptions 4-4-075C Parking, display lot lighting 4-4-075E2 Purpose 4-4-075A R-10, R-14 zones 4-4-075F Standards modifications 4-4-075G variances 4-4-075H Loading regulations See Parking, loading, driveway regulations M Manufactured, mobile homes, parks Applicability, conformance 4-9-110B Authority, responsibility building official 4-9-110C1 development services division 4-9-110C2 hearing examiner 4-9-110C3 Certificate of occupancy 4-9-110E8 Construction permits required 4-5-030A timing 4-9-110E7 Individual installation insignia 4-5-030B3 permit required 4-5-030B1 requirements 4-5-030B2 License revocation 4-9-110J1 Maintenance general 4-9-110G1 landscaping 4-9-110G2 Plan, application copies, recommendations 4-9-110E2 extension, expiration 4-9-110H modifications 4-9-110E5 notice 4-9-110E3 required 4-9-110E1 transmittal to hearing examiner 4-9-110E4 Purpose 4-9-110A Review procedures 4-9-110E Surety required 4-9-110E6 Violations, penalties 4-9-110J Marijuana businesses Authority 4-1-250B Cooperatives, transporters 4-1-250C License application, issuance 4-1-250F number permitted 4-1-250H requirements 4-1-250E Purpose 4-1-250A Parking, loading, driveway regulations Index - 11 (Revised 5/18) Regulation 4-1-250D Zoning 4-1-250G Master plan review See also Site plan review; Zoning Appeals 4-9-200K Applicability 4-9-200B1 Binding site plan merger 4-9-200G Building permit timing 4-9-200I Decision criteria access, circulation 4-9-200E3d compliance, consistency 4-9-200E3a detail level 4-9-200E2a natural systems 4-9-200E3g off-site impacts 4-9-200E3b on-site impacts 4-9-200E3c open space 4-9-200E3e phasing 4-9-200E3i purpose 4-9-200E1 services, infrastructure 4-9-200E3h stormwater 4-9-200E3j views, public access 4-9-200E3f Exemptions 4-9-200C1 Expirations, extensions nonphased plans 4-9-200J1a phased plans 4-9-200J2a Hearing determination 4-9-200D1 Modifications to approved plan major 4-9-200H1 minor 4-9-200H2 Purpose, intent 4-9-200A Process purpose 4-9-200A2a Submittal, review procedures administrative approvals 4-9-200F8 application circulation, review 4-9-200F6 combined application 4-9-200F3 generally 4-9-200F1 hearing process, examiner authority conditions, plan modifications 4-9-200F9c decision 4-9-200F9b denial 4-9-200F9e hearing date 4-9-200F9a leaving hearing open 4-9-200F9d notice, comment period 4-9-200F5 preapplication conference 4-9-200F2 public hearing determination 4-9-200F7 submittal requirements, fees 4-9-200F4 Mechanical code See also Building code Adopted 4-5-090A Conflicts 4-5-090C Exceptions 4-5-090B Mining regulations See Grading, excavation, mining regulations Mobile homes, parks See Manufactured, mobile homes, parks Modification procedures Application 4-9-250D1 Center office residential 3 zone 4-9-250D3 Decision criteria 4-9-250D2 Purpose 4-9-250A3 N NE 4th business district Applicability 4-3-040B3 Nonconforming uses, structures Animals abandonment 4-10-070D existing legally established 4-10-070A replacement 4-10-070B transfer of rights 4-10-070C Critical areas 4-10-090 Lots 4-10-010 Rebuild approval permits applicability 4-9-120B purpose 4-9-120A Shoreline master program alteration of existing structure, site 4-10-095F continuation of use 4-10-095E sites 4-10-095C structures 4-10-095A uses 4-10-095B Signs 4-10-080 Site development standards 4-10-020 Structures alterations limits 4-10-050A3 enlargement limits 4-10-050A4 exemption due to city acquisition 4-10-050C generally 4-10-050A restoration limits 4-10-050A5 unsafe 4-10-050A2 vacant, abandoned 4-10-050A1 Uses abandonment 4-10-060A adult, amortization 4-10-060G alterations 4-10-060E changes 4-10-060C extension, enlargement 4-10-060D generally 4-10-060 relocation 4-10-060B restoration, reestablishment 4-10-060F Violations, penalties 4-10-100 O Occupancy permits Applicability 4-9-130B Certificate application, issuance 4-9-130D request, issuance 4-9-130C Construction of improvements required 4-4-030E Off-site improvements Design standards 4-4-030D2 Permits 4-4-030D3 Required 4-4-030D1 Open space, agricultural, timber lands Application fees designated 4-9-140C refund 4-9-140D Open Space Taxation Act Rules adopted 4-9-140A Open space substitutions Applicability 4-1-240A Fee-in-lieu 4-1-240B3 Improvements park 4-1-240B2 public trail 4-1-240B1 Overlay districts See also Automall district Violations enforcement officer 4-3-120A penalties 4-3-120B P Parking, loading, driveway regulations See also Street standards Appeals 4-4-080M Applicability 4-4-080B1 Building permit required 4-4-080B5a Permits (Revised 5/18)Index - 12 Buildings, new and additions 4-4-080B1a Business license 4-4-080B5c Calculation of number of spaces distance measurement 4-4-080D2b fractions 4-4-080D2a seat measurements 4-4-080D2c Change in use 4-4-080B1b(iv) Changes in arrangement 4-4-080B4 Conformance 4-4-080B2 Deferral of improvements 4-4-080L Deliveries, shipments 4-4-080B1b(v) Downtown core area outside 4-4-080B1b within 4-4-080B1a Driveways angle 4-4-080I5 grades 4-4-080I6 joint use 4-4-080I9 location 4-4-080I1 number, maximum 4-4-080I4 spacing 4-4-080I2 state highway system, access, connection 4-4-080I10 surfacing 4-4-080I7 two track design 4-4-080I8 width, maximum 4-4-080I3 Enforcement authority 4-4-080D1 Joint use agreement required 4-4-080E3b distance from use 4-4-080E3c shopping center provisions 4-4-080E3d when permitted 4-4-080E3a Landscaping maintenance bond 4-4-080H3 inspection 4-4-080H2 required 4-4-080H1 Loading spaces clear area for doors dock high 4-4-080J4 ground level 4-4-080J5 plan 4-4-080J2 projections into streets, alleys 4-4-080J3 required 4-4-080J1 Location requirements joint use 4-4-080E3 off-site 4-4-080E2 on-site 4-4-080E1 Lot construction requirements drainage 4-4-080G5 marking 4-4-080G3 surfacing parking lots 4-4-080G1 storage lots 4-4-080G2 wheel stops 4-4-080G4 Lot design standards access approval 4-4-080F3 aisle width parallel parking 4-4-080F9a parking (45 degree) 4-4-080F9d parking (60 degree) 4-4-080F9c parking (90 degree) 4-4-080F9b bicycle parking spaces required 4-4-080F11 fire lanes access to existing buildings 4-4-080F6f applicability 4-4-080F6a clearance, turning radii 4-4-080F6e identification 4-4-080F6c modifications 4-4-080F6g surfacing, construction 4-4-080F6d width, clearance 4-4-080F6b lighting 4-4-080F5 linkages 4-4-080F4 maneuvering space, right-of-way use 4-4-080F1 residential parking location requirements R-6, R-8 zones 4-4-080F7b R-10, R-14 zones 4-4-080F7c RC, R-1, R-4 zones 4-4-080F7a RMF zones 4-4-080F7d slopes, maximum 4-4-080F2 stalls accessible 4-4-080F8g compact size, number 4-4-080F8c customer/guest 4-4-080F8f lots, private garages, carports 4-4-080F8a reduced length for overhang 4-4-080F8e structured parking 4-4-080F8b tandem parking 4-4-080F8d Modifications 4-4-080K Number of spaces interpretation 4-4-080F10a joint use 4-4-080F10b(i) modifications 4-4-080F10c required 4-4-080F10d transportation management plans 4-4-080F10b(ii) Occupancy permit 4-4-080B5b Off-site parking additional information 4-4-080E2c agreement required 4-4-080E2b distance to area 4-4-080E2e fees 4-4-080E2d transportation management plan exception 4-4-080E2f when permitted 4-4-080E2a On-site parking boat moorage 4-4-080E1c dwellings 4-4-080E1a multi-family 4-4-080E1b other uses 4-4-080E1d Plans required 4-4-080B3 Purpose 4-4-080A Permits See also Land use permits; Specific Permit Applications, review authority 4-8-070J Aquifer protection areas 4-9-015 Bulk storage facilities 4-4-110C1 Grading, excavation, mining regulations 4-9-080F2 Manufactured/mobile homes, parks construction 4-5-030A individual installation 4-5-030B1 Off-site improvements 4-4-030D3 Railroad, utility line construction 4-9-170B Routine vegetation management permits 4-9-195C Sanitary sewer connections 4-6-040E Sewage disposal 4-6-040I1 Shoreline 4-9-190E2, 4-9-190G Signs 4-4-100D1 Small cell administration 4-9-210B submittal requirements 4-9-210A Special expirations, extensions 4-9-220E location of garages within setbacks 4-9-230 purpose, authority 4-9-220A review, decision criteria 4-9-220D submittal requirements, fees 4-9-220C Subdivision improvements 4-7-100C Underground storage tank secondary containment regulations 4-5-120J1 Puget Drive business district Index - 13 (Revised 5/18) Vesting 4-1-045 Pet day cares See also Kennels; Zoning Conditional use permit decision criteria 4-9-030D9 Pipeline notice requirements Purpose, applicability 4-3-070A Title 4-3-070B Planned urban development regulations Abandonment 4-9-150K2 Appeals of community and economic development administrator decision 4-9-150I Applicability 4-9-150B Building, occupancy permits final plan conformance 4-9-150J1 minor adjustments 4-9-150J2 issuance 4-9-150J3 occupation of structures 4-9-150J4 Common facilities installation 4-9-150E4a maintenance 4-9-150E4b Decision criteria 4-9-150D Development standards 4-9-150E Expiration 4-9-150K1 Final plan review application submittal requirements, fees 4-9-150G2 building permits authorization 4-9-150G7b expiration 4-9-150G8a construction authorized 4-9-150G7b covenants 4-9-150G6a modifications major 4-9-150G5 minor 4-9-150G4 notice 4-9-150G3 phasing 4-9-150G8b property owner’s association 4-9-150G6b review, approval 4-9-150G6 standards superimposed 4-9-150G7a time limits 4-9-150G1 Merger of review 4-9-150H Open space common 4-9-150E1 installation 4-9-150E3a maintenance 4-9-150E3b private 4-9-150E2 Preliminary approval application filing 4-9-150F2 submittal requirements, fees 4-9-150F4 decision 4-9-150F8 effect 4-9-150F9 notice, comment period 4-9-150F5 phasing 4-9-150F6 processing 4-9-150F1 review informal 4-9-150F3 process 4-9-150F7 zoning map revision 4-9-150F10 Purposes 4-9-150A Responsibilities, duties city departments 4-9-150C2 community and economic development department 4-9-150C1 hearing examiner 4-9-150C3 Resuming development of abandoned 4-9-150K3 Violations, penalties 4-9-150L Planning commission Authority, responsibilities 4-8-070G Plumbing code See also Building code Adopted 4-5-110 Procedures, review criteria See also Specific Procedure, Review Criteria Violations, penalties 4-9-260 Property development standards See also Zoning Violations, penalties 4-4-150 Property maintenance code See also Building code Adopted 4-5-130A Amendments 4-5-130B Copy on file 4-5-130C Property tax exemptions Multi-family housing, residential targeted area amendment 4-1-220H application approval 4-1-220F denial 4-1-220G procedure 4-1-220E cancellation 4-1-220L certification annual 4-1-220K extension 4-1-220I final 4-1-220J definitions 4-1-220B duration, limits 4-1-220C eligibility 4-1-220D purpose 4-1-220A sunset 4-1-220M Public art exemption procedures Appeals 4-9-160I to hearing examiner 4-9-160I1 transmittal of file, report 4-9-160I2 Applicability 4-9-160B Application 4-9-160E Arts commission application fee 4-9-160G4 transferal 4-9-160G determination of artist recognition 4-9-160G3 review, recommendation 4-9-160G1 role, duties 4-9-160G2 Certificate 4-9-160D Criteria 4-9-160C Final authority 4-9-160H Review 4-9-160F Public works administrator Authority, responsibilities 4-8-070C Public works fees See also System development charges Equitable share charges latecomer’s fees 4-1-180A segregation criteria administrative determination 4-1-180C2 latecomer’s agreement 4-1-180C3 plat, short plat 4-1-180C1 special assessment district charges 4-1-180A system development charges See System development charges Puget Drive business district Applicability 4-3-040B5 Railroad, utility line construction permit (Revised 5/18)Index - 14 R Railroad, utility line construction permit Grant, decision criteria 4-9-170D Ordinary repairs 4-9-170C Required, applicability 4-9-170B Violations, penalties 4-9-170E Rainier Avenue business district Applicability 4-3-040B4 Recreational vehicles Use as habitation prohibited 4-4-030I Recyclables See Refuse, recyclables standards Refuse, recyclables standards Appeals 4-4-090G Applicability 4-4-090A Approval of screening detail plan 4-4-090C12 Deposit areas, collection points collocation 4-4-090C5 commercial, industrial, nonresidential developments access 4-4-090E2 location 4-4-090E1 containment in zone 1 wellhead protection areas 4-4-090C7 dimensions 4-4-090C1 gate opening, vertical clearance 4-4-090C10 location 4-4-090C2 multi-family residences dispersal 4-4-090D1c distance from building entrances 4-4-090D1e location within structures 4-4-090D1d number 4-4-090D1b obstructing parking 4-4-090D1g, 4-4-090D2d pick-up location 4-4-090D2c screening 4-4-090D2b site plan requirements 4-4-090D1f size 4-4-090D1a storage in required parking spaces 4-4-090D1h, 4-4-090D2e storage location 4-4-090D2a obstruction 4-4-090C4 screening 4-4-090C9 setbacks from residential areas 4-4-090C3 signage 4-4-090C6 size manufacturing, other nonresidential developments 4-4-090E4 office, educational, institutional developments 4-4-090E3 retail developments 4-4-090E5 structure design 4-4-090C8 Exemptions 4-4-090B Modifications 4-4-090F Weather protection 4-4-090C11 Renton Electrical Code See also Building code Adoption 4-5-040 Copy on file 4-5-040 Residential code See also Building code; International codes Adopted 4-5-055 Amendments 4-5-055A Conflicts 4-5-055C Exceptions 4-5-055B Retaining walls See Fences, hedges, retaining walls Rezones Application 4-9-180B Change of zone classification criteria 4-9-180F Procedure when amendment not required 4-9-180D Purpose 4-9-180A Recommendation, adoption 4-9-180C Resubmittal, time limits 4-9-180G Submittal requirements, fees 4-9-180E Routine vegetation management permits Appeals 4-9-195E Applicability 4-9-195C Applications conditions 4-9-195D5 contents 4-9-195D2 review criteria 4-9-195D4 submittal 4-9-195D1 time for review 4-9-195D3 Enforcement authority 4-9-195B Expiration 4-9-195D6 Procedures, review criteria 4-9-195D Purpose 4-9-195A Violations, penalties 4-9-195F S Sanitary sewer standards See also Cross connections; Water service standards Aquifer protection area requirements zone 1 4-6-040J1 zone 2 4-6-040J2 Connections private, public sewer location 4-6-040H1 permit, supervision 4-6-040H2 to private system 4-6-040A1 Connection to city sewer application, fees 4-6-040E3 permit approval options 4-6-040E1 classes 4-6-040E2 required 4-6-040E required 4-6-040A Facilities improvements construction 4-6-040B Private building sewer barricades, safety requirements 4-6-040G10 grease, oil, sand interceptors construction materials, standards 4-6-040G8c maintenance 4-6-040G8d required when 4-6-040G8a type, capacity, location 4-6-040G8b inspection 4-6-040G9 joints, connections 4-6-040G7 lesser slope 4-6-040G4 pipe location, elevation 4-6-040G5 materials 4-6-040G2 restoration of public property 4-6-040G11 separate, independent 4-6-040G1 size, slope 4-6-040G3 surety bond 4-6-040G12 trenching standards 4-6-040G6 Public sewer costs, damages 4-6-040F1 developer extension agreement 4-6-040F8 lift stations 4-6-040F6 manhole requirements connections 4-6-040F5c covers 4-6-040F5b industrial wastes 4-6-040F5d installation location 4-6-040F5a pipe materials 4-6-040F3 standards 4-6-040F2 supervision 4-6-040F7 Shoreline master program Index - 14.1 (Revised 5/18) use of old 4-6-040F4 Septic tanks, privies, cesspools 4-6-040D Service outside city 4-6-040C Sewage disposal standards abandonment requirements 4-6-040I6 discharge prohibition 4-6-040I4 health officer requirements 4-6-040I5 inspection, approval 4-6-040I2 maintenance 4-6-040I4 permit 4-6-040I1 standards, tests 4-6-040I3 Screening of equipment, storage sites See also Landscaping Appeals 4-4-095J Applicability modifications to existing structures 4-4-095B2 new, replacement structures 4-4-095B1 Enforcement authority 4-4-095C Loading areas, outdoor commercial, industrial zones 4-4-095F2 multi-family zones 4-4-095F1 Purpose 4-4-095A Retail sales, outdoor 4-4-095H Roof-top equipment additions to existing buildings 4-4-095E2 new construction 4-4-095E1 Storage, outdoor 4-4-095F3 Surface mounted equipment 4-4-095D Variances 4-4-095I Vehicle storage 4-4-095G Secure community transition facilities See also Zoning Conditional use permit decision criteria 4-9-030D10 Shoreline master program Development standards applicability 4-3-090D1 archaeological, historical, cultural resources access for educational purposes 4-3-090D6e coordination with state agencies 4-3-090D6b detailed cultural assessments may be required 4-3-090D6a required 4-3-090D6c work to stop upon discovery 4-3-090D6d building, development location, shoreline orientation design, performance standards 4-3-090D5b generally 4-3-090D5a density, setbacks, height activities exempt from buffers, setbacks 4-3-090D7d bulk standards 4-3-090D7a city-wide development standards 4-3-090D7b measurement 4-3-090D7c environmental effects burden on applicant 4-3-090D2b critical areas within shoreline jurisdiction 4-3-090D2c development standards for aquatic habitat 4-3-090D2e no net loss of environmental functions 4-3-090D2a wetlands within shoreline jurisdiction 4-3-090D2d private property rights 4-3-090D8 public access criteria for requirement modification 4-3-090D4c development standards 4-3-090D4e physical, visual access required for new development 4-3-090D4a required 4-3-090D4b requirements, by reach 4-3-090D4f site design criteria 4-3-090D4d treaty rights 4-3-090D9 use compatibility, aesthetic effects community disturbances 4-3-090D3c design requirements 4-3-090D3d generally 4-3-090D3a screening required 4-3-090D3e view obstruction, visual quality 4-3-090D3b Nonconforming uses, activities, structures, sites alteration of existing structure, site 4-10-095F continuation of use 4-10-095E sites 4-10-095C structures 4-10-095A (Revised 5/18)Index - 14.2 This page left intentionally blank. Shoreline permits Index - 15 (Revised 4/12) uses 4-10-095B Program elements 4-3-090A Regulated shorelines jurisdictional area 4-3-090B3 shorelines 4-3-090B2 shorelines of statewide significance 4-3-090B1 Shoreline modification dredging 4-3-090F3 flood control 4-3-090F5 landfill, excavation 4-3-090F2 shoreline stabilization 4-3-090F4 stream alteration 4-3-090F6 vegetation conservation 4-3-090F1 Shorelines overlay districts natural environment overlay district 4-3-090C1 shoreline high intensity aquatic shoreline overlay district 4-3-090C6 isolated lands overlay district 4-3-090C5 overlay district 4-3-090C4 single family residential overlay district 4-3-090C3 urban conservancy overlay district 4-3-090C2 Use regulations aquaculture aesthetics 4-3-090E2b no net loss required 4-3-090E2a structure requirements 4-3-090E2c boat launching ramps design to ensure minimal impact 4-3-090E3f impacts on adjacent uses 4-3-090E3c no net loss required 4-3-090E3b shall be public 4-3-090E3a shore facilities required 4-3-090E3h surface materials 4-3-090E3g topography 4-3-090E3e water, shore characteristics 4-3-090E3d commercial and community services over-water structures 4-3-090E4b scenic, aesthetic qualities 4-3-090E4d setbacks 4-3-090E4c use preferences, priorities 4-3-090E4a industrial use discharge not allowed 4-3-090E5e log storage, offshore 4-3-090E5f materials storage 4-3-090E5d non-water-oriented uses, clustering 4-3-090E5b over-water structures 4-3-090E5c scenic, aesthetic qualities 4-3-090E5g use preferences, priorities 4-3-090E5a marinas applicability 4-3-090E6a design requirements 4-3-090E6d Lake Washington 4-3-090E6b location criteria 4-3-090E6c operation requirements 4-3-090E6e piers, docks buoy, float regulations 4-3-090E7f design criteria 4-3-090E7c design standards 4-3-090E7d dimension variance 4-3-090E7g maintenance, repair 4-3-090E7e residential new, expanded docks, criteria 4-3-090E7b use, approval of new, expanded, general criteria 4-3-090E7a recreation allowed when 4-3-090E8a location relative to shoreline 4-3-090E8b over-water structures 4-3-090E8c private 4-3-090E8e public 4-3-090E8d residential development critical areas 4-3-090E9e docks, new private, restricted 4-3-090E9g floating residences prohibited 4-3-090E9h general criteria 4-3-090E9b public access required 4-3-090E9c shoreline stabilization prohibited 4-3-090E9d single family priority use, other residential uses 4-3-090E9a vegetation conservation 4-3-090E9f table 4-3-090E1 transportation aviation 4-3-090E10f general standards 4-3-090E10a parking 4-3-090E10e railroads 4-3-090E10c roads 4-3-090E10b trails 4-3-090E10d utilities criteria 4-3-090E11a local service utilities 4-3-090E11d major utilities 4-3-090E11c pipelines 4-3-090E11b Shoreline permits Administrative appeals 4-9-190H Appeals 4-9-190O Application procedures conditional approval 4-9-190E9 forms, fees 4-9-190E3 information prior to submitting shoreline substantial development permit 4-9-190E1 notification 4-9-190E10 permit required 4-9-190E2 public comment time special 4-9-190E7 standard 4-9-190E6 public notice 4-9-190E5 review guidelines 4-9-190E8 secondary review by independent professionals 4-9-190E4 Enforcement 4-9-190M Exemptions from permit system agricultural drainage, dikes operation, maintenance 4-9-190C11 aquatic noxious weed removal, control 4-9-190C13 construction agricultural 4-9-190C5 Coast Guard authorized 4-9-190C8 emergency 4-9-190C4 irrigation-related 4-9-190C9 noncommercial docks 4-9-190C7 single family residence, accessory buildings 4-9-190C6 exemption certificate procedures application required 4-9-190D1 conditions authorized 4-9-190D3 consistency required 4-9-190D2 permit required if project not exempt in part 4-9-190D4 fish, wildlife habitat, passage improvement projects 4-9-190C15 governor’s certification 4-9-190C1 hazardous substance remediation 4-9-190C16 irrigation operation, maintenance 4-9-190C9 maintenance, repair 4-9-190C3 Sign regulations (Revised 4/12)Index - 16 marking of property lines on state-owned lands 4-9-190C10 permit application activities 4-9-190C12 projects on lands not subject to shoreline jurisdiction prior to restoration 4-9-190C17 projects valued at $5,000 or less 4-9-190C2 watershed restoration projects 4-9-190C14 Moratorium 4-9-190Q Purpose 4-9-190A Rescission final decision 4-9-190N5 noncompliance with permit 4-9-190N1 notice of noncompliance 4-9-190N2 posting 4-9-190N3 public hearing 4-9-190N4 Review criteria additional information 4-9-190F2 basis of review 4-9-190F1 burden of proof on applicant 4-9-190F4 procedural amendments 4-9-190F3 Rulings filed with state 4-9-190K Shoreline development approval approval criteria 4-9-190B7 building permit compliance 4-9-190B9 development compliance 4-9-190B1 land division 4-9-190B6 restoration project relief 4-9-190B10 shoreline conditional use permit 4-9-190B4 shoreline overlay 4-9-190B2 shoreline variance 4-9-190B5 substantial development permit 4-9-190B3 written findings required 4-9-190B8 Surety devices 4-9-190G Time requirements applicability 4-9-190J1 certification of construction commencement 4-9-190J7 construction completion, time allowed 4-9-190J8 not authorized until proceedings completed 4-9-190J12 special allowance 4-9-190J13 filing effective date 4-9-190J9 notification to city of other permits, legal actions 4-9-190J10 permit extension requests 4-9-190J5 processing time 4-9-190J11 time limits discretionary, for shoreline conditional uses, variances 4-9-190J4 discretionary, for shoreline substantial developments 4-9-190J3 unspecified 4-9-190J2 validity period, standard 4-9-190J6 Transferability 4-9-190L Variances, conditional uses authority 4-9-190I2 conditional uses 4-9-190I5 maintenance of permitted uses allowed 4-9-190I3 purpose 4-9-190I1 variances 4-9-190I4 Violations, penalties injunction 4-9-190P2 liability for damages 4-9-190P3 prosecution 4-9-190P1 Sidewalks See Street standards Sign regulations Appeals 4-4-100R Appearance 4-4-100D4 Applicability 4-4-100B1 Business signs permitted where 4-4-100E5a Churches, apartments, subdivisions, signs permitted where 4-4-100E4a City center requirements applicability 4-4-100H2 letter size limitations exemption 4-4-100H6b maximum height 4-4-100H6a map 4-4-100H3 modifications authority, purpose 4-4-100H9a fees 4-4-100H9d review criteria 4-4-100H9b variance 4-4-100H9c nonresidential uses category, type, number permitted 4-4-100H4b purpose 4-4-100H1 size, height, location awning 4-4-100H5e canopy 4-4-100H5e freestanding 4-4-100H5a ground 4-4-100H5b marquee 4-4-100H5e multi-occupancy 4-4-100H5h multiple building complex 4-4-100H5h projecting 4-4-100H5d secondary awning 4-4-100H5g secondary projecting 4-4-100H5g secondary wall 4-4-100H5g under awning 4-4-100H5f under canopy 4-4-100H5f under marquee 4-4-100H5f wall 4-4-100H5c standards awning 4-4-100H4b canopy 4-4-100H4b freestanding 4-4-100H4b ground 4-4-100H4b marquee 4-4-100H4b multi-occupancy building 4-4-100H4b multiple building complex wall 4-4-100H4b projecting 4-4-100H4b secondary awning without illumination 4-4-100H4b secondary projecting without illumination 4-4-100H4b secondary wall without illumination 4-4-100H4b under awning 4-4-100H4b under canopy 4-4-100H4b under marquee 4-4-100H4b wall 4-4-100H4b temporary signs 4-4-100H8 type, number permitted 4-4-100H4 churches 4-4-100H4a residential uses 4-4-100H4a schools 4-4-100H4a Design, construction requirements allowed stresses 4-4-100K5 anchorage 4-4-100K10 approved plastics 4-4-100K13 clearance from fire escapes, exits, standpipes 4-4-100K18 from high voltage power lines 4-4-100K17 clearance, projection 4-4-100K16 combined loads 4-4-100K4 combustible materials restrictions 4-4-100K8 Sign regulations Index - 17 (Revised 5/18) display surfaces 4-4-100K11 electrical wiring 4-4-100K15 generally 4-4-100K1 glass panel size, thickness, type 4-4-100K12 materials 4-4-100K7 nonstructural trim 4-4-100K9 obstruction of openings 4-4-100K19 seismic loads 4-4-100K3 structural supports 4-4-100K6 supports 4-4-100K20 welding 4-4-100K14 wind loads 4-4-100K2 Design standards awning, canopy, marquee signs applicability 4-4-100N1 location 4-4-100N2 UBC requirements 4-4-100N2 electric signs identification of installer, date of installation 4-4-100O3 installation 4-4-100O2 label of testing agency 4-4-100O4 materials 4-4-100O1 projecting signs 4-4-100M under awning, canopy, marquee signs location, size outside city center 4-4-100N3b location, size within city center 4-4-100N3c number 4-4-100N3a Enforcement authority 4-4-100B4 Exemptions 4-4-100B5 Height limits outside city center, urban design sign regulation areas 4-4-100E3c within city center 4-4-100E3a within urban design sign regulation areas 4-4-100E3b Home occupations, signs permitted where 4-4-100E4b Inspections 4-4-100B3, 4-4-100P Large retail centers, signs permitted where 4-4-100E5e Large institution directional, wayfinding signs permitted where 4-4-100E5k Lighting 4-4-100D5 Location limitations 4-4-100E2 Maintenance 4-4-100D3 Marquee signs permitted where 4-4-100E5b Method for calculating area 4-4-100D2 Motor vehicle dealerships outside Automall area, signs permitted where 4-4-100E5g within Automall area, signs permitted where 4-4-100E5f Nonconforming generally 4-4-100D7 permitted where 4-4-100E4a Parks, recreation facilities signs 4-4-100E4d Permits exceptions 4-4-100B6 fees 4-4-100D1 required 4-4-100B2 Permitted 4-4-100E1 commercial, industrial zones 4-4-100E5 residential, commercial, industrial zones 4-4-100E4 Portable See Temporary, portable signs Prohibited 4-4-100C, 4-4-100E1 Projections annual sign permit required 4-4-100L5 identification of installer, date of installation 4-4-100L3 liability insurance 4-4-100L4 right-of-way additional allowances 4-4-100L2c allowed 4-4-100L2 awnings 4-4-100L2c(iii) building canopies 4-4-100L2c(iii) marquee 4-4-100L2b, 4-4-100L2c(iii) projecting 4-4-100L2c(ii) wall 4-4-100L2a, 4-4-100L2c(i) setbacks 4-4-100L1 Public facilities signs 4-4-100E4d Public right-of-way city-sponsored signs 4-4-100I1 directional signs for nonpublic buildings appeal 4-4-100I3b installation 4-4-100I3c request 4-4-100I3a directional signs for public buildings 4-4-100I2 real estate sign kiosks 4-4-100I5 residential open house sign 4-4-100I4 Purpose 4-4-100A Real estate signs See under Temporary, portable signs Removal upon closure of business outside city center 4-4-100D6b outside of city center 4-4-100D6a Requirements 4-4-100D School signs 4-4-100E4d Self-storage uses in FM-F zone 4-4-100E5j Shopping centers, signs permitted where 4-4-100E5d Special requirements for specified uses, signs permitted where 4-4-100E5i Subdivision identification, signs permitted where 4-4-100E5h Temporary, portable signs Accessory home agriculture, agriculture sales display period 4-4-100J7d number, type allowable 4-4-100J7b permit requirements 4-4-100J7a sign location 4-4-100J7e size, maximum 4-4-100J7c A-frame closing business, sign removal required 4-4-100J5g confiscation authorized 4-4-100J5k construction specification, materials 4-4-100J5d insurance, hold harmless agreements 4-4-100J5j landscaping alterations 4-4-100J5f locations 4-4-100J5b maintenance, appearance 4-4-100J5e number 4-4-100J5a permit display 4-4-100J5h, 4-4-100J5i permit validity 4-4-100J5l size 4-4-100J5c cloth signs projection over public property/right-of-way 4-4-100J1c support, perforation 4-4-100J1b display of permit number 4-4-100J1a event signs applicability 4-4-100J6a permit required 4-4-100J6c placement limitations 4-4-100J6e time limitations 4-4-100J6d types allowed 4-4-100J6b garage sale 4-4-100J3 permitted where 4-4-100E4c political location 4-4-100J4a removal 4-4-100J4c Site plan review (Revised 5/18)Index - 18 size 4-4-100J4b real estate 4-4-100J2 requirements 4-4-100J1 Under marquee signs permitted where 4-4-100E5c Urban design area 4-4-100G Variances 4-4-100S Violations compliance required 4-4-100T1 confiscated signs 4-4-100T3 penalty 4-4-100U removal, storage of illegal signs 4-4-100T2 Site plan review See also Master plan review; Zoning Appeals 4-9-200K Applicability 4-9-200B2 Binding site plan merger 4-9-200G Building permit timing 4-9-200I Decision criteria access, circulation 4-9-200E3d compliance, consistency 4-9-200E3a detail level 4-9-200E2a natural systems 4-9-200E3g off-site impacts 4-9-200E3b on-site impacts 4-9-200E3c open space 4-9-200E3e phasing 4-9-200E3i purpose 4-9-200E1 services, infrastructure 4-9-200E3h stormwater 4-9-200E3j views, public access 4-9-200E3f Exemptions 4-9-200C2 Expirations, extensions nonphased plans 4-9-200J1b phased plans 4-9-200J2b Hearing determination 4-9-200D2 Modifications to approved plan major 4-9-200H1 minor 4-9-200H2 Process purpose 4-9-200A2b Purpose, intent 4-9-200A Submittal, review procedures administrative approvals 4-9-200F8 application circulation, review 4-9-200F6 combined application 4-9-200F3 generally 4-9-200F1 hearing process, examiner authority conditions, plan modifications 4-9-200F9c decision 4-9-200F9b denial 4-9-200F9e hearing date 4-9-200F9a leaving hearing open 4-9-200F9d notice, comment period 4-9-200F5 preapplication conference 4-9-200F2 public hearing determination 4-9-200F7 submittal requirements, fees 4-9-200F4 Vesting nonphased plans 4-9-200J1c phased plans 4-9-200J2c Special districts See Overlay districts State Environmental Policy Act (SEPA) See Environmental review procedures Storage lots, outside See also under Zoning Screening fencing 4-4-120A2 landscaping 4-4-120A1 required 4-4-120A Surfacing 4-4-120B Street plan Adopted 4-6-050 Street standards See also Parking, loading, driveway regulations Appeals 4-6-060S Applicability 4-6-060C Approval of improvements 4-6-060L Authority 4-6-060B Complete streets exemptions 4-6-060G2 required 4-6-060G1 Construction plans review cost estimate 4-6-060N3 fees 4-6-060N2 submittal required 4-6-060N1 requirements 4-6-060N2 Dead ends cul-de-sacs 4-6-060H4 limited application 4-6-060H1 secondary access requirement 4-6-060H5 turnaround design 4-6-060H3 types, minimum standards 4-6-060H2 waivers 4-6-060H6 Definitions 4-6-100 Design standards alleys 4-6-060F4 city center planning area 4-6-060F8 curves 4-6-060F7 downtown business district 4-6-060F9 length of improvements 4-6-060F3 level of improvements 4-6-060F1 minimum improvements designated 4-6-060F2 pavement thickness 4-6-060F5 sidewalks 4-6-060F6 state highway system vehicular access, connection 4-6-060F10 urban design districts 4-6-060F8 Driveway, shared covenants, conditions, restrictions 4-6-060J9 easement 4-6-060J5 exception, emergency turnaround 4-6-060J10 improvement timing 4-6-060J6 installation prior to plat recording 4-6-060J6 lot type, orientation 4-6-060J7 maintenance 4-6-060J8 minimum standards 4-6-060J2 permitted when 4-6-060J1 signs 4-6-060J3 tract 4-6-060J4 Exemptions 4-6-060D Half street improvements cul-de-sac modifications for low impact development 4-6-060Q3 dedications for completion 4-6-060Q2c minimum design standards 4-6-060Q2b permitted when 4-6-060Q2a Inspections 4-6-060O Latecomer’s agreements authorized 4-6-060P1 procedure 4-6-060P2 Lighting standards average maintained illumination 4-6-060I3 construction standards 4-6-060I5 design 4-6-060I1 location 4-6-060I2 uniformity ratios 4-6-060I4 Plan drafting, surveying standards 4-6-060M Subdivisions Index - 19 (Revised 5/18) Purpose 4-6-060A Right-of-way dedications amount 4-6-060E2 required 4-6-060E1 waiver 4-6-060E3 Unit lot drives applicability 4-6-060K1 design standards curb 4-6-060K2b landscaping strip, sidewalk 4-6-060K2c roadway width 4-6-060K2a ownership 4-6-060K3 Violations, penalties 4-6-060T, 4-6-110 Subdivisions Administration, authority administrator 4-7-020B community and economic development department 4-7-020A hearing examiner 4-7-020C public works administrator 4-7-020D Application procedures 4-7-050D lot line adjustment 4-7-050B short subdivisions 4-7-050C Binding site plans access See also design standards requirements 4-7-230G alteration 4-7-230Q1 appeals 4-7-230P applicability 4-7-230B application requirements 4-7-230E approval 4-7-230C condominium sites applicability 4-7-230D1 approval 4-7-230D2 design standards dedication statement 4-7-230D3 legal lots 4-7-230D1 shared conditions 4-7-230D5 street access 4-7-230D2 utilities access 4-7-230D4 development agreement merger 4-7-230J effect enforcement 4-7-230N2 legal lots of record 4-7-230N1 expiration extension 4-7-230O3 extension, phased projects 4-7-230O4 period 4-7-230O1 period, merged approvals 4-7-230O2 improvements phasing 4-7-230F2 required 4-7-230F1 permits processing 4-7-230H1 review authority 4-7-230H2 planned urban development 4-7-230D3 purpose 4-7-230A review action 4-7-230K1 approval 4-7-230K2 approval with modifications 4-7-230K3 denial 4-7-230K5 hearing examiner referral 4-7-230K4 reconsideration 4-7-230K6 right-of-way dedication 4-7-230L site plan merger See also Site plan review concurrent 4-7-230I2 previously approved 4-7-230I1 survey, recording approval required 4-7-230M1 filing 4-7-230M2 vacation 4-7-230Q2 Compatibility with existing land use, plan streets 4-7-120A, 4-7-120B trails 4-7-120C Conflicts 4-7-010D Conformance with state regulations 4-7-010E Copies to other agencies 4-7-080G Environmental considerations action not a taking 4-7-130B native growth protection area 4-7-130C2 purpose 4-7-130A streams 4-7-130C4 trees 4-7-130C3 unsuitable lands 4-7-130C1 Exceptions 4-7-040 Expiration, extensions 4-7-080L Final plat application submittal, fees 4-7-110A approval by administrator 4-7-110C copies to other agencies 4-7-110B expiration date 4-7-110F monuments 4-7-110D signing, filing 4-7-110E Health agency recommendation 4-7-080J Hearing notice 4-7-080I2 required 4-7-080I1 Hillside purpose 4-7-220A standards application information 4-7-220C1 erosion control requirements 4-7-220C6 grading 4-7-220C2 lots 4-7-220C5 streets 4-7-220C4 tracts 4-7-220C3 Improvements inspection, acceptance 4-7-100B permits 4-7-100C prior to final recording 4-7-100D required 4-7-100A Industrial, commercial blocks, lots 4-7-180 corners at intersections 4-7-180A side lot lines 4-7-180C size, orientation 4-7-180B Lot line adjustments expiration period 4-7-060H fees 4-7-060D principles of acceptability 4-7-060B purpose 4-7-060A recording 4-7-060F review, decision 4-7-060E submittal requirements 4-7-060C transfer of title 4-7-060G Monuments 4-7-210A Neighborhood meeting 4-7-080E Notification other jurisdictions 4-7-030A state highways 4-7-030B Parks, open space 4-7-140 Sunset business district (Revised 5/18)Index - 20 Plat amendments determination 4-7-080M1 major 4-7-080M2 minor 4-7-080M3 Preapplication meeting materials 4-7-080D required 4-7-050A Preliminary plat application 4-7-080F Principles of acceptability 4-7-080B Public use, service areas 4-7-190 community assets 4-7-190C utilities in tracts 4-7-190B utility easements 4-7-190A Purpose 4-7-010B, 4-7-080A Residential blocks walkways, crosswalks 4-7-160B width 4-7-160A Residential lots access requirements 4-7-170B arrangement 4-7-170A corners at intersections 4-7-170F flag 4-7-170G maximum dimension ratio 4-7-170E size 4-7-170C width 4-7-170D Scope 4-7-010C1, 4-7-080C Segregations approval required 4-7-010C2 calculation 4-7-010C2a Short subdivisions administrative guidelines 4-7-070O appeal 4-7-070I copies to other agencies 4-7-070F expiration period 4-7-070M improvements required 4-7-070J limitations 4-7-070N preapplication meeting 4-7-070D principles of acceptability 4-7-070B public notice 4-7-070G purpose 4-7-070A review, decision 4-7-070H scope 4-7-070C short plat map filing process 4-7-070L submittal requirements 4-7-070K submittal requirements 4-7-070E Street name signs 4-7-210C Street requirements alignment 4-7-150D alley access 4-7-150E5 alternative configurations 4-7-150E6 arterials, intersections 4-7-150C connections 4-7-150E4 cul-de-sacs 4-7-150E7 exceptions 4-7-150E3 extensions, dedications 4-7-150G grid pattern 4-7-150E1 linkages 4-7-150E2 names 4-7-150B relationship to existing system 4-7-150A rights-of-way improvements 4-7-150F Survey standards 4-7-210B Time limitation for approval 4-7-080H Title 4-7-010A Unit lot subdivisions acceptability principles access 4-7-090C2 drainage 4-7-090C4 parent site 4-7-090C1 physical characteristics 4-7-090C3 applicability 4-7-090B density 4-7-090F4 design, open space standards 4-7-090F5 exceptions access 4-7-090E4 existing nonconforming townhouse developments 4-7-090E5 landscaping 4-7-090E2 parking 4-7-090E3 residential development standards 4-7-090E1 homeowners’ association, covenants maintenance of common facilities 4-7-090F6b required before recording of plat 4-7-090F6a parent site 4-7-090F3 plat recording 4-7-090F8 purpose 4-7-090A requirements 4-7-090F1 scope, process short subdivision 4-7-090D1 site plan review 4-7-090D3 subdivision 4-7-090D2 siting 4-7-090F2 timing 4-7-090F7 Utilities installation cable TV conduits 4-7-200E latecomer’s agreements 4-7-200F sanitary sewers 4-7-200A storm drainage 4-7-200B underground utilities 4-7-200D water system 4-7-200C Variances 4-7-240 Violations, penalties 4-7-250 Sunset business district Applicability 4-3-040B2 Sureties See Bonds Surface water See Drainage standards System development charges See also Public works fees Applicability 4-1-180B1 Exemptions 4-1-180B2 T Temporary homeless encampments Conditions 4-9-240K3 Temporary use permits Applicability 4-9-240B Approval conditions 4-9-240M Compliance with fire, building codes 4-9-240N Decision criteria 4-9-240J Exemptions city-sponsored events 4-9-240C2 construction-related activities 4-9-240C1 special sales 4-9-240C3 Expiration, extension 4-9-240O Manufactured homes in medical hardship cases 4-9-240L Mobile food vendors 4-9-240K2 Other uses, structures 4-9-240D Public notice, comment period 4-9-240G Purpose 4-9-240A Removal of evidence of use 4-9-240P Review, approval 4-9-240I Revocation 4-9-240R Security required 4-9-240Q Submittal requirements, fees 4-9-240F Temporary homeless encampments 4-9-240K3 Underground storage tank secondary containment regulations Index - 21 (Revised 5/18) Type determinations 4-9-240E Vehicle sales events 4-9-240K1 Waiver of requirements, fees 4-9-240H Timber lands See Open space, agricultural, timber lands Transportation concurrency requirements Appeal of project application denial 4-6-070H Applicability 4-6-070C1 Authority, purpose 4-6-070A Capacity inquiry 4-6-070I Definitions 4-6-070B Exemptions 4-6-070C2 Reconsideration of test authorized, request 4-6-070G2 notification 4-6-070G1 options to achieve 4-6-070G4 suspension of time limit 4-6-070G5 timing 4-6-070G3 Review process test failure 4-6-070D3 required 4-6-070D1 written finding 4-6-070D2 Written finding expiration 4-6-070F transferability 4-6-070E Travel trailers Use as habitation prohibited 4-4-030I Tree retention, land clearing See also Landscaping Applicability 4-4-130B Authority, interpretation 4-4-130E1 Independent review 4-4-130E2 Modifications 4-4-130I Performance standards conformance required 4-4-130H4 construction requirements 4-4-130H9 critical areas restrictions 4-4-130H7 ground cover retention 4-4-130H8 maintenance 4-4-130H10 plan required 4-4-130H3 protected tree retention 4-4-130H1 review criteria 4-4-130H5 timing 4-4-130H6 tree protection tract 4-4-130H2 Permits required land development 4-4-130F1 routine vegetation management See also Routine vegetation management permits mechanical equipment use 4-4-130F2b process 4-4-130G removal in excess of maximum allowable 4-4-130F2c removal of landmark tree 4-4-130F2d undeveloped properties 4-4-130F2a timber stand thinning 4-4-130F3 Prohibited activities critical areas 4-4-130D3 cutting in advance of permit issuance 4-4-130D1 cutting, maintenance without permit 4-4-130D2 native growth protection areas 4-4-130D4 removal of landmark tree 4-4-130D6 topping 4-4-130D5 Purpose of provisions 4-4-130A Removal activities allowed 4-4-130C Violations damage liability 4-4-130J2 penalties 4-4-130J1 replacement 4-4-130J4 restoration 4-4-130J3 stop work order 4-4-130J5 U Underground storage tank secondary containment regulations Abandonment 4-5-120J3 Applicability 4-5-120D Closure requirements Department of Ecology notification 4-5-120L3c exception 4-5-120L2 fire code compliance 4-5-120L3a permanent applicability 4-5-120L5a compliance 4-5-120L5b demonstration to fire code official 4-5-120L5e standards, requirements for tank abandonment 4-5-120L5d standards, requirements for tank removal 4-5-120L5c proposal 4-5-120L3b required 4-5-120L1 temporary applicability 4-5-120L4a exception 4-5-120L4b inspection 4-5-120L4e modification of monitoring 4-5-120L4d plan required 4-5-120L4f standards, requirements 4-5-120L4c Compliance with fire code 4-5-120C Definitions 4-5-120G Exclusions 4-5-120E Existing installations continuation 4-5-120I1 failure to monitor 4-5-120I6 leaks 4-5-120I2 monitoring standards annual certification 4-5-120I3e fire department approval 4-5-120I3c objective 4-5-120I3b system required 4-5-120I3a system requirements 4-5-120I3d system evaluation criteria 4-5-120I4 tests 4-5-120I5 Fire code official, department authority, responsibility 4-5-120F Inspections, compliance 4-5-120F Intent 4-5-120B New facilities monitoring program 4-5-120H5 response plan content 4-5-120H6b required 4-5-120H6a standards 4-5-120H2 Permits closure procedure 4-5-120J4 conditions monitoring records 4-5-120J6b notification of changes, release 4-5-120J6a expiration 4-5-120J7 fee 4-5-120J5 implementation plan 4-5-120J10 information required 4-5-120J2 inspection 4-5-120J9 required 4-5-120J1 transferability 4-5-120J8 Uniform codes (Revised 5/18)Index - 22 Purpose 4-5-120A Release reporting cleanup reports 4-5-120K4 other releases 4-5-120K1b recording required content of report 4-5-120K2c permit revocation 4-5-120K2e reportable when 4-5-120K2g review, inspection 4-5-120K2d secondary container deterioration 4-5-120K2f time limits 4-5-120K2b release requiring recording defined 4-5-120K2a releases to secondary containers 4-5-120K1a required 4-5-120K1 time limits notification 4-5-120K3a report, contents 4-5-120K3b Standards applicability 4-5-120H1 primary containers, double-walled storage tanks 4-5-120H3 secondary containers 4-5-120H4 Variances 4-5-120M Uniform codes See also Specific Code Adopted 4-5-010A Amendments 4-5-010B City clerk authority, duties 4-5-020C Copies on file 4-5-020C Urban design regulations Administrative authority 4-3-100D2 Appeals 4-3-100I Applicability, conflicts 4-3-100B Buildings architectural design 4-3-100E5 character, massing 4-3-100E5 districts “A” and “B” exceptions 4-3-100G entries 4-3-100E1 ground-level details 4-3-100E5 location, orientation 4-3-100E1 materials 4-3-100E5 roof lines 4-3-100E5 Exemptions 4-3-100C Gateways 4-3-100E1 Lighting 4-3-100E7 Parking access 4-3-100E2 garages, parking structures 4-3-100E2 surface 4-3-100E2 Pedestrian environment amenities 4-3-100E3 circulation 4-3-100E3 Purpose 4-3-100A Recreation areas, common open space, standards 4-3-100E4 Review process 4-3-100D1 Service element location, design 4-3-100E1 Signage 4-3-100E6, 4-4-100G Site design, building location 4-3-100E1 Standards modification 4-3-100F Transition to surrounding development 4-3-100E1 Urban separator overlay Administration 4-3-110D Applicability 4-3-110B Maps 4-3-110C Purpose 4-3-110A Regulations 4-3-110E Utility extensions Across full width of property required 4-6-010B sanitary sewer exception 4-6-010B1 Construction standards, conditions 4-6-010A Oversizing 4-6-010C Utility fees See Public works fees; System development charges Utility lines underground installation Administration 4-6-090B Appeals 4-6-090H Applicability 4-6-090C As-built plans 4-6-090E3 Design standards above-grade installation 4-6-090F7 above-ground installation 4-6-090F6 applicability 4-6-090F1 coordination with other facilities 4-6-090F2 grading of streets 4-6-090F4 joint trenches 4-6-090F5 notice 4-6-090F5c owner responsibility 4-6-090F5b permit issuance delay 4-6-090F5a wheel load requirements 4-6-090F3 Exemptions 4-6-090D Permits fees 4-6-090E2 required 4-6-090E1 Purpose 4-6-090A Variances 4-6-090G Violation, penalty 4-6-090I Utility standards Definitions 4-6-100 Violations, penalties 4-6-110 V Variances Application decision criteria 4-9-250B5 filing 4-9-250B2 public notice, comment period 4-9-250B4 submittal requirements, fees 4-9-250B3 Aquifer protection areas 4-9-250B7 Authority, applicability commercial, industrial land uses 4-9-250B1b critical areas 4-9-250B1c drainage standards 4-9-250B1d residential land uses 4-9-250B1a Critical areas 4-9-250B6 Conditions of approval 4-9-250B16 Expiration 4-9-250B18 Extension 4-9-250B19 Flood hazard areas 4-9-250B8 Hearing, continuation 4-9-250B14 Planning/building/public works administrator findings, decision announcement 4-9-250B15a notice 4-9-250B15b record 4-9-250B15d Purpose 4-9-250A1 Steep slopes, landslide hazards 4-9-250B9 Structures over piped streams 4-9-250B12 Surface water design manual 4-9-250B13 Utilities in critical areas 4-9-250B11 Wellhead protection areas 4-9-250B7 Wetlands 4-9-250B10 Wireless communication facilities Index - 23 (Revised 5/18) Vesting Applicability 4-1-045C Approval duration 4-1-045F Building applications 4-1-045D Generally 4-1-045B Land use permit applications 4-1-045E Modifications 4-1-045G Purpose 4-1-045A Waiver 4-1-045H Violations Appeals 4-1-110F Approval revocation, modification 4-1-110D Illegal 4-1-110A Permit suspension, revocation 4-1-110E Proceedings initiation 4-1-110C Remedies, penalties 4-1-110B W Waiver procedures Application, fee 4-9-250C3 Street improvements authority 4-9-250C2 decision criteria 4-9-250C5 Water service standards See also Cross connections; Sanitary sewer standards Compliance 4-6-080A Connection alternate service 4-6-080E failure 4-6-080C1c notice 4-6-080C1b prior to street paving 4-6-080C1a separate service 4-6-080D to water main 4-6-080C without permission 4-6-080B Meter removal, re-installation 4-6-080J size 4-6-080I Pipe requirements conformance 4-6-080H6 installation depth 4-6-080H3 materials 4-6-080H1 pressure tolerance 4-6-080H4 size 4-6-080H2 sterilization 4-6-080H5 Reporting responsibility to utilities engineer 4-6-080A1 Responsibility of utilities engineer 4-6-080C1 Stub service installation 4-6-080K Supervision of extensions 4-6-080G Use for construction purposes 4-6-080F Wellhead protection areas See Critical areas Wetlands See Critical areas; Environmental review procedures Wireless communication facilities See also Zoning Appeals 4-4-140O Applicability, authority 4-4-140C Application submittal requirements method of attachment, cabling 4-4-140K3 photo simulations 4-4-140K2 technical analysis 4-4-140K1 coverage map 4-4-140K1c justification map 4-4-140K1b noise report 4-4-140K1d site justification letter 4-4-140K1a visual mitigation 4-4-140K4 Camouflaged, standards antennas 4-4-140H3 architectural integration 4-4-140H1 materials 4-4-140H2 concealment 4-4-140H2b mounting hardware 4-4-140H2a paint 4-4-140H3 residential buildings 4-4-140H4 Collocation required existing support structure evaluation 4-4-140D1 provider cooperation 4-4-140D2 reasonable efforts 4-4-140D3 Concealed, standards architectural elements 4-4-140G4 building addition 4-4-140G1 materials 4-4-140G3 related equipment 4-4-140G2 residential buildings 4-4-140G5 Existing support structures major 4-4-140E2 minor 4-4-140E1 concealment 4-4-140E1e entitlement 4-4-140E1f equipment cabinets 4-4-140E1c excavation 4-4-140E1d height 4-4-140E1a width 4-4-140E1b original dimensions 4-4-140E3 review time period 4-4-140E4 Goals amateur radio antennas 4-4-140B2 commercial wireless facilities 4-4-140B1 Modifications 4-4-140N Obsolescence, removal 4-4-140L Permit limitations maintenance required 4-4-140M1 notice to city of change of operation 4-4-140M2 Purpose 4-4-140A Small cells, distributed antenna systems, standards concealment element plan 4-4-140J2 purpose 4-4-140J2b required 4-4-140J2a review initial installations, substantial change colloca- tions 4-4-140J2d nonsubstantial change collocations 4-4-140J2c federal regulatory requirements 4-4-140J5 ground-mounted equipment standards, ADA compliance 4-4-140J4 new poles 4-4-140J3 preferred concealment techniques 4-4-140J1 building attachment 4-4-140J1a parking lot lighting 4-4-140J1c projecting, marquee sign 4-4-140J1b street light, traffic signal poles in urban design districts 4-4-140J1d utility, street light poles exempt from undergrounding 4-4-140J1e Standards, requirements advertising prohibited 4-4-140F8 building standards 4-4-140F9 equipment shelters, cabinets 4-4-140F1 generators 4-4-140F1d location 4-4-140F1a screening 4-4-140F1b size 4-4-140F1c fencing 4-4-140F6 height, maximum 4-4-140F2 monopole I 4-4-140F2a Zoning (Revised 5/18)Index - 24 monopole II 4-4-140F2b rooftop WCF 4-4-140F2d stealth towers 4-4-140F2c utility poles 4-4-140F2e lighting 4-4-140F7 noise levels, maximum 4-4-140F5 radio frequency standards 4-4-140F10 setbacks 4-4-140F4 visual impact 4-4-140F3 Stealth tower standards faux trees 4-4-140I1 authenticity 4-4-140I1c concealment 4-4-140I1d height 4-4-140I1b location 4-4-140I1a flagpoles 4-4-140I2 authenticity 4-4-140I2b concealment 4-4-140I2c location, height 4-4-140I2a freestanding signs 4-4-140I4 concealment 4-4-140I4b sign permit required 4-4-140I4a sports field lights 4-4-140I3 authenticity 4-4-140I3b concealment 4-4-140I3c location, height 4-4-140I3a Z Zoning Accessory dwelling unit permitted where 4-2-060D Accessory structures detached, residential zones 4-2-110B primary, attached, residential zones 4-2-110A Accessory uses established 4-2-050A permitted where 4-2-060Q table 4-2-060 Additional restrictions 4-2-010E Adult day care off-street parking 4-4-080F10d permitted where 4-2-060K Adult entertainment businesses permitted where 4-2-060J Adult family home permitted where 4-2-060D Adult retail uses permitted where 4-2-060I Agriculture permitted where 4-2-060A Airplane hangars, tie-down areas off-street parking 4-4-080F10d Airplane manufacturing permitted where 4-2-060L Airplane manufacturing, accessory functions permitted where 4-2-060L Airplane sales, repair permitted where 4-2-060L Airport-related uses permitted where 4-2-060L Airports permitted where 4-2-060L Antennas permitted where 4-2-060P Arterial commercial zone See CA zone Arts and crafts schools, studios permitted where 4-2-060E Assembly operations permitted where 4-2-060N Assisted living density bonus 4-9-065D off-street parking 4-4-080F10d permitted where 4-2-060D Attached dwellings off-street parking 4-4-080F10d permitted where 4-2-060C Auditoriums, sports arenas off-street parking 4-4-080F10d permitted where 4-2-060J Automobile uses dealership support uses Automall Area A 4-3-040C impound yards permitted where 4-2-060L rental, sales Automall Area A 4-3-040C permitted where 4-2-060L Aviation-related uses permitted where 4-2-060L Banks off-street parking 4-4-080F10d Bed and breakfasts permitted where 4-2-060K Beekeeping permitted where 4-2-060B Bicycle parking off-street parking 4-4-080F10d Big-box retail uses permitted where 4-2-060I Bowling alleys off-street parking 4-4-080F10d Buildings coverage manufactured homes, parks 4-2-110C residential zones 4-2-110A design, residential zones 4-2-110A floor area, maximum commercial zones 4-2-120A residential zones 4-2-110B height, maximum commercial zones 4-2-120A, 4-2-120B industrial zones 4-2-130A manufactured homes, parks 4-2-110C residential zones 4-2-110A, 4-2-110B impervious surface area, residential zones 4-2-110A location, bulk commercial zones 4-2-120A, 4-2-120B residential zones 4-2-110B number of stories, manufactured homes, parks 4-2-110C number, size, residential zones 4-2-110A, 4-2-110B orientation, commercial zones 4-2-120A residential zones 4-2-115 Bulk standards See Miscellaneous uses, modifications Business offices off-street parking 4-4-080F10d CA zone purpose, intent 4-2-020M screening of vehicle storage areas 4-4-095G use tables 4-2-060 Car washes permitted where 4-2-060L Card rooms permitted where 4-2-060J Zoning Index - 25 (Revised 5/18) Caretaker’s residence permitted where 4-2-060D Categories, types established 4-2-050A CD zone density bonus 4-9-065D3 fee waivers 4-1-210 purpose, intent 4-2-020N screening of outdoor retail sales areas 4-4-095H use tables 4-2-060 Cemeteries permitted where 4-2-060G Center downtown zone See CD zone Center village zone See CV zone Churches, synagogues, temples See Religious institutions Circulation See Development standards Clear vision area commercial zones 4-2-120A, 4-2-120B industrial zones 4-2-130A residential zones 4-2-110A, 4-2-110B CN zone purpose, intent 4-2-020K use tables 4-2-060 CO zone density bonus 4-9-065D3 purpose, intent 4-2-020O use tables 4-2-060 Colleges, universities off-street parking 4-4-080F10d Commercial activities off-street parking 4-4-080F10d Commercial arterial zone See CA zone Commercial neighborhood zone See CN zone Commercial office zone See CO zone Commercial office residential zone See COR zone Communications towers See also Wireless communication facilities permitted where 4-2-060O Community health engagement locations permitted where 4-2-060G Comprehensive plan designations 4-2-010A implementing zones 4-2-010D Conditional uses established 4-2-050A table 4-2-060 Conference centers permitted where 4-2-060H Congregate residence permitted where 4-2-060D Construction/contractor’s offices permitted where 4-2-060N Convalescent centers, nursing homes off-street parking 4-4-080F10d permitted where 4-2-060K COR zone density bonus 4-9-065D purpose, intent 4-2-020P use tables 4-2-060 Craft distilleries permitted where 4-2-060N Crisis diversion facilities permitted where 4-2-060G Critical areas See also Critical areas commercial zones 4-2-120A, 4-2-120B industrial zones 4-2-130A manufactured homes, parks 4-2-110C residential zones 4-2-110A, 4-2-110B Cultural facilities permitted where 4-2-060J CV zone density bonus 4-9-065D3 fee waiver 4-1-210 purpose, intent 4-2-020L use tables 4-2-060 Dance halls, cabarets, clubs off-street parking 4-4-080F10d permitted where 4-2-060J Day care centers off-street parking 4-4-080F10d permitted where 4-2-060K Definitions See Definitions Density, area See also Density bonus review housing commercial zones 4-2-120A, 4-2-120B manufactured homes, parks 4-2-110C residential zones 4-2-110A, 4-2-110B park site area manufactured homes, parks 4-2-110C Design standards residential zones 4-2-110A, 4-2-115 Detached dwellings off-street parking 4-4-080F10d permitted where 4-2-060C Development standards commercial zones 4-2-120 conditions, industrial zones 4-2-130B illustrations, residential zones 4-2-110E residential zones 4-2-110, 4-2-115 violations, penalties 4-2-140 Districts established 4-2-010C Diversion facilities See Crisis diversion facilities Downtown core area map 4-4-080C off-street parking 4-4-080F10d Drive-through businesses, services off-street parking 4-4-080F10d permitted where 4-2-060I, 4-2-060K Dumpster/recycling collection area residential zones 4-2-110A, 4-2-115E Duplex See Attached dwellings Eating, drinking establishments off-street parking 4-4-080F10d permitted where 4-2-060I Electrical power generation permitted where 4-2-060O Elementary school off-street parking 4-4-080F10d Engine rebuild permitted where 4-2-060L Equipment rental permitted where 4-2-060K Exception, pre-existing legal lots 4-2-110A, 4-2-110C, 4-2-110D Exhibition halls permitted where 4-2-060J Express transportation services permitted where 4-2-060L Family day care homes permitted where 4-2-060K Fast food restaurants permitted where 4-2-060I Flats See Attached dwellings Fourplex See Attached dwellings Zoning (Revised 5/18)Index - 26 Fuel dealers permitted where 4-2-060L Funeral homes off-street parking 4-4-080F10d Gaming, gambling facilities permitted where 4-2-060J Garbage, refuse, dumpster areas commercial zones 4-2-120A, 4-2-120B industrial zones 4-2-130A residential zones 4-2-110A, 4-2-115E Golf courses permitted where 4-2-060J Golf driving ranges off-street parking 4-4-080F10d Government offices, facilities permitted where 4-2-060G Group homes permitted where 4-2-060D Hazardous materials storage permitted where 4-2-060M Heavy industrial permitted where 4-2-060N Heavy industrial zone See IH zone Height See also Buildings; Development standards Helipads permitted where 4-2-060L High schools off-street parking 4-4-080F10d Home agriculture permitted where 4-2-060A Home occupations permitted where 4-2-060D Horticultural nurseries See Nurseries, outdoor Hospitals, sanitariums, similar uses See also Medical institutions off-street parking 4-4-080F10d Hot tubs, pools, mechanical equipment, residential zones 4-2-110A, 4-2-115E Hotels off-street parking 4-4-080F10d permitted where 4-2-060K IH zone purpose, intent 4-2-020S use tables 4-2-060 IL zone purpose, intent 4-2-020Q use tables 4-2-060 IM zone purpose, intent 4-2-020R use tables 4-2-060 Industrial, storage activities off-street parking 4-4-080F10d Jails permitted where 4-2-060G Junior high schools off-street parking 4-4-080F10d Kennels permitted where 4-2-060B Laboratories permitted where 4-2-060N Landscaping, screening See also Screening commercial zones 4-2-120A, 4-2-120B industrial zones 4-2-130A manufactured homes, parks 4-2-110C residential zones 4-2-110A Laundries, commercial permitted where 4-2-060N Licensing bureau Automall Area A 4-3-040C Light industrial zone See IL zone Live/work units off-street parking 4-4-080F10d permitted where 4-2-060D Loading docks commercial zones 4-2-120A, 4-2-120B industrial zones 4-2-130A Lot dimensions commercial zones 4-2-120A, 4-2-120B configuration, residential zones 4-2-110A, 4-2-115E coverage commercial zones 4-2-120A, 4-2-120B industrial zones 4-2-130A depth commercial zones 4-2-120A, 4-2-120B industrial zones 4-2-130A manufactured homes, parks 4-2-110C residential zones 4-2-110A design, manufactured homes, parks 4-2-110C industrial zones 4-2-130A residential zones 4-2-110A size commercial zones 4-2-120A, 4-2-120B industrial zones 4-2-130A manufactured homes, parks 4-2-110C residential zones 4-2-110A width commercial zones 4-2-120A, 4-2-120B industrial zones 4-2-130A manufactured homes, parks 4-2-110C residential zones 4-2-110A Low income elderly multiple dwellings off-street parking 4-4-080F10d Mail, newspaper boxes, residential zones 4-2-110A, 4-2-115E Manufactured homes, parks off-street parking 4-4-080F10d permitted where 4-2-060C Manufacturing airplane permitted where 4-2-060L airplane, accessory functions permitted where 4-2-060L off-street parking 4-4-080F10d permitted where 4-2-060N Map arterial streets map 4-2-080E boundaries 4-2-030A conflicts with chapter 4-2 RMC 4-2-030C with rezone ordinance 4-2-030D designation of special zoning categories, time limitations 4-2-030E downtown business district 4-2-080D established 4-2-010B street layout 4-2-030B yearly update 4-2-030F Marijuana retail off-street parking 4-4-080F10d permitted where 4-2-060I Marinas off-street parking 4-4-080F10d permitted where 4-2-060J Zoning Index - 27 (Revised 5/18) Medical, dental clinics/offices off-street parking 4-4-080F10d permitted where 4-2-060H Medical institutions See also Hospitals, sanitariums, similar uses off-street parking 4-4-080F10d permitted where 4-2-060K Medium industrial zone See IM zone Micro-breweries permitted where 4-2-060N Miniature golf courses off-street parking 4-4-080F10d Mixed occupancies off-street parking 4-4-080F10d Mobile homes See Manufactured homes, parks Model homes permitted where 4-2-060R Monopole structures permitted where 4-2-060P Motel off-street parking 4-4-080F10d permitted where 4-2-060K Movie theaters See Theaters Multi-family dwellings See Attached dwellings Natural resource extraction/recovery permitted where 4-2-060A Noise See Development standards Number of structures manufactured homes, parks 4-2-110C per lot, residential zones 4-2-110A Nurseries, outdoor off-street parking 4-4-080F10d permitted where 4-2-060I Offices Automall Area A 4-3-040C off-street parking 4-4-080F10d permitted where 4-2-060H Open space, residential zones 4-2-115 Outdoor commercial recreation, entertainment uses off-street parking 4-4-080F10d Outdoor sports areas off-street parking 4-4-080F10d Packaging operations permitted where 4-2-060N Park and ride permitted where dedicated 4-2-060L shared-use 4-2-060L Parking See also Development standards commercial zones 4-2-120A, 4-2-120B industrial zones 4-2-130A manufactured homes, parks 4-2-110C permitted where 4-2-060L public Automall Area A 4-3-040C residential zones 4-2-110A, 4-2-110B Parks permitted where 4-2-060F residential zones 4-2-115E Patio, deck manufactured homes, parks 4-2-110C Pedestrian access commercial zones 4-2-120A, 4-2-120B residential zones 4-2-110A, 4-2-115E Permits See Land use permits Permitted uses established 4-2-050A table 4-2-060 Pet day cares permitted where 4-2-060B Places of public assembly off-street parking 4-4-080F10d Post office off-street parking 4-4-080F10d Processing See Specific Manufacturing Use Prohibited uses established 4-2-050A table 4-2-060 Public/quasi-public activities off-street parking 4-4-080F10d Public use zone See P-1 zone Purpose, intent 4-2-020A R-1 zone density bonus 4-9-065D3 purpose, intent 4-2-020C use tables 4-2-060 R-4 zone purpose, intent 4-2-020D use tables 4-2-060 R-6 zone purpose, intent 4-2-020E use tables 4-2-060 R-8 zone purpose, intent 4-2-020F use tables 4-2-060 R-10 zone density bonus 4-9-065D3 purpose, intent 4-2-020H use tables 4-2-060 R-14 zone density bonus 4-9-065D3 fee waiver 4-1-210 purpose, intent 4-2-020I use tables 4-2-060 Railroad yards permitted where 4-2-060L RC zone purpose, intent 4-2-020B use tables 4-2-060 Recreation area manufactured homes, parks 4-2-110C Recreation facilities permitted where 4-2-060J Recreational, entertainment uses off-street parking 4-4-080F10d Recycling collection center, station industrial zones 4-2-130A permitted where 4-2-060N Religious institutions off-street parking 4-4-080F10d permitted where 4-2-060G Research, scientific permitted where 4-2-060A Residential-1 See R-1 zone Residential-4 See R-4 zone Residential-6 See R-6 zone Residential-8 See R-8 zone Residential-10 See R-10 zone Residential-14 See R-14 zone Residential manufactured home zone See RMH zone Residential multi-family zone See RMF zone Residential uses off-street parking 4-4-080F10d Resource conservation zone See RC zone Zoning (Revised 5/18)Index - 28 Retail sales off-street parking 4-4-080F10d permitted where 4-2-060I RMF zone density bonus 4-9-065D3 fee waiver 4-1-210 purpose, intent 4-2-020J use tables 4-2-060 RMH zone purpose, intent 4-2-020G use tables 4-2-060 Sales/marketing trailers permitted where 4-2-060R Sanitariums See under Hospitals Schools permitted where 4-2-060E Screening commercial zones 4-2-120A, 4-2-120B garbage, refuse, dumpsters commercial zones 4-2-120A, 4-2-120B industrial zones 4-2-130A residential zones 4-2-110A industrial zones 4-2-130A loading, repair, maintenance, work areas commercial zones 4-2-120A, 4-2-120B industrial zones 4-2-130A outdoor storage commercial zones 4-2-120A, 4-2-120B industrial zones 4-2-130A residential zones 4-2-110A recyclables collection, storage commercial zones 4-2-120A residential zones 4-2-110A residential zones 4-2-110A roof-top equipment commercial zones 4-2-120A, 4-2-120B residential zones 4-2-110A surface-mounted equipment commercial zones 4-2-120A, 4-2-120B residential zones 4-2-110A tow truck operations, impoundment yards, industrial zones 4-2-130A Secure community transition facilities off-street parking 4-4-080F10d permitted where 4-2-060G Sensitive areas See Critical areas Service, social organizations permitted where 4-2-060G Service uses permitted where 4-2-060K Services, on-site off-street parking 4-4-080F10d Setbacks See also Development standards animal husbandry related structures, residential zones 4-2-110B freeway frontage commercial zones 4-2-120A, 4-2-120B industrial zones 4-2-130A manufactured homes, parks 4-2-110C residential zones 4-2-110A industrial zones 4-2-130A mobile home parks constructed before 12-3-1969 4-2-110C reciprocal use easements, residential zones 4-2-110A residential zones 4-2-110A, 4-2-110B yards commercial zones 4-2-120A, 4-2-120B industrial zones 4-2-130A manufactured homes, parks 4-2-110C residential zones 4-2-110A, 4-2-110B Sewage disposal, treatment plants permitted where 4-2-060N Shopping centers off-street parking 4-4-080F10d Signs See also Development standards; Sign regulations commercial zones 4-2-120A, 4-2-120B industrial zones 4-2-130A manufactured homes, parks 4-2-110C residential zones 4-2-110A Single family dwellings See Detached dwellings Skating rinks off-street parking 4-4-080F10d Small vehicle sales Automall Area A 4-3-040C Stables permitted where 4-2-060B Stacked flats See Attached dwellings Standards tables See also Specific Standard categories designated 4-2-100B conditions commercial zones 4-2-120C residential zones 4-2-110D established 4-2-100A interpretation 4-2-100C Stealth tower permitted where 4-2-060P Storage uses See also Vehicle storage permitted where 4-2-060M Storage yards permitted where 4-2-060R Street improvements private, manufactured homes, parks 4-2-110C Tables See also Standards tables conditions 4-2-080A established 4-2-050B interpretation accessory use 4-2-050C4 additional conditions 4-2-050C3 applicable requirements 4-2-050C2 conflicts 4-2-050C7 legal nonconforming uses, existing 4-2-050C8 legend 4-2-050C1 prohibited uses 4-2-050C5 unclassified uses 4-2-050C6 permitted uses 4-2-060 Taverns off-street parking 4-4-080F10d permitted where 4-2-060I Taxi stands permitted where 4-2-060L Temporary uses permitted where 4-2-060R Theaters off-street parking 4-4-080F10d permitted where 4-2-060J Tow truck operation permitted where 4-2-060L Townhouses See Attached dwellings Transit centers permitted where 4-2-060L Zoning Index - 29 (Revised 5/18) Transmission rebuild permitted where 4-2-060L Travel trailers See also Travel trailers off-street parking 4-4-080F10d Triplex See Attached dwellings Truck terminals permitted where 4-2-060L UC zone density bonus 4-9-065D3 purpose, intent 4-2-020T use tables 4-2-060 Unclassified uses established 4-2-050A Urban center zones See UC zone Utilities uses permitted where 4-2-060O Vehicle sales, rental off-street parking 4-4-080F10d permitted where 4-2-060I, 4-2-060K Vehicle service, repair off-street parking 4-4-080F10d permitted where 4-2-060L Vehicle storage commercial zones 4-2-120A permitted where 4-2-060M Veterinary offices/clinics permitted where 4-2-060B Warehousing, storage off-street parking 4-4-080F10d permitted where 4-2-060M Waste recycling, transfer facilities permitted where 4-2-060N Wineries permitted where 4-2-060N Wireless communication facilities See also Communications towers; Wireless communication facilities height, building commercial zones 4-2-120A, 4-2-120B industrial zones 4-2-130A residential zones 4-2-110A installation of tower, antenna entire lot considered 4-2-040A1 not considered expansion of nonconforming 4-2-040A2 permitted where 4-2-060P Wrecking yards permitted where 4-2-060L Yards See Setbacks