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Proposed 2001 Title IV Revisions (4/22/2002)
May 13,2002 'toe Renton City Council Minutes � Page 177 secret ballot..." may be part of the Firemen's Pension Board. As the City Code is currently written, it does not include the word "retired". Renton Municipal Code Section 2-6-2, therefore, needs to be updated in order to be in compliance with State law. The Finance Committee recommended that the ordinance regarding this matter be presented for first reading. MOVED BY PARKER, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See later this page for ordinance.) ORDINANCES AND The following resolution was presented for reading and adoption: RESOLUTIONS Resolution#3565 A resolution was read authorizing the Mayor and City Clerk to execute the Solid Waste: 2002-2003 Waste King County Waste Reduction and Recycling Grant interlocal agreement which Reduction&Recycling Grant provides for$103,650 in funding to implement Special Recycling Events, a Agreement, King County Business Recycling Program, and the Natural Yard Care Program. MOVED BY BRIERE, SECONDED BY KEOLKER-WHEELER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinances were presented for first reading and referred to the Council meeting of 5/20/2002 for second and final reading: Budget: 2002 Amendment, An ordinance was read amending the 2002 Budget for the express purpose of Veterans Memorial Park building a Veterans Memorial Park and appropriating the necessary funds in the amount of$389,000 for the construction. MOVED BY NELSON, SECONDED BY PARKER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 5/20/2002. CARRIED. Legal: Firemen's Pension An ordinance was read amending Section 2-6-2 of Chapter 6,Firemen's Pension Board,City Code Amend Board, of Title II(Commissions and Boards) of City Code by allowing retired firemen to serve on the Firemen's Pension Board, pursuant to State law. MOVED BY CLAWSON, SECONDED BY PERSSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 5/20/2002. CARRIED. Special Assessment District: An ordinance was read establishing a Special Assessment District for sanitary 80th Ave S sewer service for properties adjacent to 80th Ave. S., S. 130th St., and S. Langston Rd., and establishing the amount of the charge upon connection to the facilities. MOVED BY BRIERE, SECONDED BY KEOLKER-WHEELER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 5/20/2002. CARRIED. Police: Criminal Code An ordinance was read amending Section 6-10-1 of Chapter 10,Criminal Code, Adoption from RCW of Title VI(Police Regulations) of City Code by adopting portions of the Criminal Code of the Revised Code of Washington (RCW). MOVED BY CLAWSON, SECONDED BY PERSSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 5/20/2002. CARRIED. The following ordinances were presented for second and final reading and adoption: Ordinance#4963 An ordinance was read amending Section 1-3-4A of Chapter 3, Remedies and Planning: Development Penalties, of Title 1 (Administrative), and Chapters 1 through 11 of Title 4 Regulations (Title 4) (Development Regulations) of City Code to reduce and reorganize the City's Revisions Development Regulations in a more user-friendly and less costly to amend Qformat. MOVED BY KEOLKER-WHEELER, SECONDED BY BRIERE, May t3,2002w Renton City Council Minutes , Page 178 COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#4964 An ordinance was read amending Sections 6-6-3, 6-6-4, 6-6-8,and 6-6-11,and Planning: Police Regulations adding a new Section,6-6-12,Wild and Dangerous Animals, of Chapter 6, (Title 6)Revisions(Related to Animals and Fowl at Large, of Title 6(Police Regulations)of City Code by Title 4 Revisions) updating references to Title 4 tables,adding definitions, and adding penalty provisions for unlawful acts. MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Councilman Clawson expressed his appreciation for the additional Police Police: Hardie Ave NW Department traffic enforcement on Hardie Ave. NW. Traffic Enforcement Development Services: Animal MOVED BY CORMAN, SECONDED BY KEOLKER-WHEELER, Keeping Standards COUNCIL REFER THE SUBJECT OF ANIMAL KEEPING STANDARDS IN RESIDENTIAL AND NON-RESIDENTIAL AREAS TO THE PLANNING AND DEVELOPMENT COMMITTEE. CARRIED. ADJOURNMENT MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED. Time: 8:45 p.m. BONNIE I. WALTON, City Clerk Recorder: Michele Neumann May 13,2002 May 6,2002 N... Renton City Council Minutes .,,rr' Page 166 c) The Committee recommended denial of funding for the following project applications, as they do not currently meet the criteria of the Neighborhood Program: 1. Summerwind Homeowners Association—Removal of six large maple trees that line NE Sunset Blvd. and Field Ave.NE on private property at the Sunset entrance into the Summerwind neighborhood. 2. Renton Hill Community Association—Traffic circle rehabilitation located on the cul-de-sac at the east end of SE 7th St. d) The Committee recommended denial of funding for the following administrative(newsletter)application, as it does not currently meet the criteria of the Neighborhood Program: 1. Honey Creek Ridge Homeowners Association—Interactive website and computer to build and host it in a private residence. The Committee further recommended that a Special Presentation be held on May 20, 2002,to award the grant certificates to the grant recipients.* Councilman Corman stated that the Committee discussed the applications that were denied at length and encouraged those neighborhood groups to reshape their projects and apply again for the second round of the 2002 neighborhood project funding. *MOVED BY CORMAN, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ORDINANCES AND The following resolutions were presented for reading and adoption: RESOLUTIONS Resolution#3563 A resolution was read recognizing the sister city relationship between the City Executive: Sister City Cuautla, of Renton,Washington, of the United States, and Cuautla,Jalisco, of the United Jalisco,Mexico Sisterhood Mexican States. MOVED BY NELSON, SECONDED BY PERSSON, Resolution COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution#3564 A resolution was read authorizing the Mayor and City Clerk to execute an Utility: CT Pipeline Wells interlocal cooperative agreement with the State of Washington Department of RW-1 —3 &Park Community,Trade, and Economic Development entitled, "Public Works Trust Improvements,PWTF Loan Fund Construction Loan Agreement Number PW-02-691-045" for construction of the CT Pipeline for Wells RW-1, RW-2,RW-3 and Parks Improvement Project. MOVED BY BRIERE, SECONDED BY CORMAN, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinances were presented for first reading and referred to the Council meeting of 5/13/2002 for second and final reading: Planning: Development An ordinance was read amending Section 1-3-4A of Chapter 3,Remedies and Regulations (Title 4) Penalties,of Title 1 (Administrative), and Chapters 1 through 11 of Title 4 Revisions (Development Regulations)of City Code to reduce and reorganize the City's Development Regulations in a more user-friendly and less costly to amend format. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 5/13/2002. CARRIED. Planning: Police Regulations An ordinance was read amending Sections 6-6-3, 6-6-4, 6-6-8, and 6-6-11, and (Title 6)Revisions(Related to adding a new Section, 6-6-12,Wild and Dangerous Animals, of Chapter 6, Title 4 Revisions) nimals and Fowl at Large,of Title 6(Police Regulations)of City Code by May 6,2002 'sow, Renton City Council Minutes `••' Page 167 updating references to Title 4 tables,adding definitions,and adding penalty provisions for unlawful acts. MOVED BY CLAWSON, SECONDED BY NELSON,COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 5/13/2002. CARRIED. NEW BUSINESS Reporting that the Skate Park has been experiencing problems with dirt in the Community Services: Skate bowl, it was MOVED BY CLAWSON, SECONDED BY PERSSON, Park COUNCIL REFER THE SKATE PARK MATTER TO THE COMMUNITY SERVICES COMMITTEE FOR A BRIEFING. CARRIED. Human Services: Renton Stating that he attended the Renton Youth Day event held on April 27th, Youth Day Councilman Corman commended everyone who contributed to making Renton Youth Day a success. Fire: Staffing MOVED BY CLAWSON, SECONDED BY PERSSON,COUNCIL REFER THE TOPIC OF FIRE DEPARTMENT STAFFING TO THE PUBLIC SAFETY COMMITTEE. CARRIED. EXECUTIVE SESSION MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL RECESS INTO EXECUTIVE SESSION FOR 45 MINUTES TO DISCUSS PROPERTY ACQUISITION AND PENDING LITIGATION. CARRIED. Time: 9:13 p.m. The meeting was reconvened at 9:58 p.m.;roll was called; all Councilmembers present except Keolker-Wheeler,previously excused. ADJOURNMENT MOVED BY PARKER, SECONDED BY BRIERE,COUNCIL ADJOURN. CARRIED. Time: 9:59 p.m. `t i4. CZite t1 BONNIE I. WALTON,City Clerk Recorder: Michele Neumann May 6,2002 May 6,2002 Renton City Council Minutes `✓ Page 163 MOVED BY NELSON, SECONDED BY CORMAN,COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO REMOVE ITEMS 8.b. AND 8.i. FOR SEPARATE CONSIDERATION. CARRIED. Separate Consideration Council President Nelson requested that the Council meeting minutes of April Item 8.b. 22, 2002,be corrected as indicated: Council Meeting Minutes of Page 144, 3rd paragraph, insert Councilwoman Keolker-Wheeler's comments at April 22, 2002 the end of the paragraph as follows: Councilwoman Keolker-Wheeler thanked Representative Jarrett, saying that he is a breath of fresh air in the Legislature and has great creative ideas. She stated that she hopes that he will continue to put forth his fresh ideas and continue to work very hard for this region as he has already done during his term. MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL APPROVE ITEM 8.b. AS CORRECTED. CARRIED. Item 8.i. Finance and Information Services Department requested approval of an Budget: 2002 Amendment, ordinance adjusting the 2002 Budget by transferring fund balances in the Veterans Memorial Park amount of$389,000 for construction of the Veterans Memorial Park. Refer to Finance Committee. Council concur. MOVED BY PARKER, SECONDED BY PERSSON, COUNCIL CHANGE THE ACTION ON ITEM 8.i. TO COUNCIL CONCUR. CARRIED. OLD BUSINESS Responding to Councilman Clawson's inquiry regarding the progress of the Community Services: Pavilion repairs to the Pavilion Building, Chief Administrative Officer Jay Covington Building explained that the City is waiting for a cost estimate to repair the doors and then will proceed with those repairs, as well as with the other needed building repairs. Planning& Development ' Planning and Development Committee Vice Chair Briere presented a report Committee regarding the proposed 2001 Title 4(Development Regulations)revisions to Planning: Development zoning interpretations,use table, use notes and related City Code amendments. Regulations (Title 4) The Committee reviewed the proposed 2001 Title 4 policy docket items on Revisions April 4, and April 8,2002. Issues raised by the Committee were as follows: ?If A. Reference: RMC 4-2-120A—Consistency of residential zone lists. Issue: Found a Code section where abutting and adjacent landscaping width is treated differently by zone. Resolution: Corrected error and double- checked other Code sections to ensure consistency in treating abutting and adjacent to residential zones. B. Reference: RMC 4-2-110F—Nonconforming issue paper. Issue: Language currently only discusses meeting development standards and critical area regulations. Resolution: Add catch-all language that says must meet all applicable City Codes for development of lot. C. Reference: Nonconforming issue paper. Issue: Wanted clarity for what the 50% assessed value applies to(structure?)and at what point the assessment is taken to judge conformance or nonconformance. Resolution: Review of existing language finds that these issues are taken care of in several places (RMC 4-9-120A, RMC 4-10-050A.3.b.,RMC 4-10- 050A.5.b.). No change is proposed since existing language covers structures and uses, and is based upon most recent assessment on property prior to damage. • May 6,2002 ',�, Renton City Council Minutes Page 164 D. Reference: Lighting issue paper—proposed RMC 4-4-075E.3. Issue: Committee asked if park lights currently purchased meet the regulations as written. Resolution: Parks Director stated that park lights do not meet the standards proposed. Ask for parks,trails, and golf course to be placed in the Exemption section since this would create a hardship and safety hazard to people playing sports. Moved parks line to Exemption section. The following items are recommended to be added to the Title 4 amendment ordinance: 1. RMC 4-4-080 Amendments: Parking Requirements Table 2. Title 4,Chapter 2, Screening 3. Title 4, Chapters 2 and 4,Green River Valley Landscaping 4. Consistency of Residential Zone Lists to Apply Stricter Development Standards, as modified in Committee(see A. on previous page) 5. Title 4, Chapter 10,Nonconforming Uses, as modified in Committee(see B. and C. on previous page) 6. Title 4, Chapter 2,Effective Date of Regulations 7. Title 4, Chapter 2, Setbacks 8. Title 4, Chapter 4,Lighting Standards (see D. above) The amendments pertaining to Title 6(Police Regulations)of the Renton Municipal Code have been separated from the overall Title 4 ordinance for reporting purposes. The Committee further recommended that both the Title 4 ordinance and the companion Title 6 ordinance be presented for first reading. MOVED BY BRIERE, SECONDED BY PARKER, COUNCIL CONCUR IN THE COMMITTEE REPORT.* Councilman Corman commended the Committee for all of their work on this matter. *MOTION CARRIED. (See page 166 for ordinances.) Utilities Committee Utilities Committee Chair Briere presented a report regarding the Parkway Utility: Parkway Townhomes Townhomes water quality. The Committee was briefed on the issue and Water Quality recommended that no action be taken at this time. MOVED BY BRIERE, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Community Services Community Services Committee Chair Corman presented a report regarding the Committee proposed South King County off-leash dog park. The Committee Community Services: Off- recommended concurrence in the staff recommendation that the City of Renton Leash Dog Park, South King continue participating on the South King County Task Force for the County(SeaTac) development of the South King County off-leash area dog park. The Committee further recommended that the City not commit funding for the development,maintenance and operations of the South King County off-leash area dog park at this time. Since there is currently no consideration to place an off-leash facility within City limits,the Committee further recommended that this item be removed from the Public Safety Committee at this time. MOVED BY CORMAN, SECONDED BY PERSSON,COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. APPROVED BY CITY COUNCIL Date 5-6 -01DO�. 1 PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT May 6,2002 Proposed 2001 Title 4 Revisions to Zoning Interpretations,Use Table,Use Notes,and Related Code Amendments (Referred January 14, 2002) The Planning and Development Committee reviewed the Proposed 2001 Title 4 Policy Docket Items on April 4th, 2002 and April 8th, 2002. Issues raised by Planning and Development Committee are shown on the attachment. The following items are recommended to be added to the Title 4 Amendment ordinance: 1. RMC 4-4-080 Amendments: Parking Requirements Table 2. Title 4, Chapter 2, Screening 3. Title 4, Chapters 2 and 4, Green River Valley Landscaping 4. Consistency of Residential Zone Lists to Apply Stricter Development Standards, as modified in Committee (see Attachment) 5. Title 4, Chapter 10,Nonconforming Uses, as modified in Committee(see Attachment) 6. Title 4, Chapter 2,Effective Date of Regulations 7. Title 4, Chapter 2, Setbacks 8. Title 4, Chapter 4, Lighting Standards(see Attachment) Those amendments dealing with Title VI of the Renton Municipal Code have been separated from the overall Title IV ordinance for reporting purposes. The Committee further recommends that both the Title IV ordinance and the companion Title VI ordinance be presented for first reading. Kathy Keolker-Wheeler, Chair i Brierjir 11111)111e '- 'mg Parker,Member cc: Sue Carlson,EDNSP Administrator Gregg Zimmerman,P/B/PW Administrator Alex Pietsch,EDNSP Director Neil Watts,Development Services Director P&D Committee Report on 2001 Title 4 Docket may6 changes\ Rev 01/02 bh PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT May 6,2002 Proposed 2001 Title 4 Revisions to Zoning Interpretations,Use Table,Use Notes, and Related Code Amendments (Referred January 14,2002) The Planning and Development Committee reviewed the Proposed 2001 Title 4 Policy Docket Items on April 4th, 2002 and April 8th, 2002. Issues raised by Planning and Development Committee are shown on the attachment. The following items are recommended to be added to the Title 4 Amendment ordinance: 1. RMC 4-4-080 Amendments: Parking Requirements Table 2. Title 4, Chapter 2, Screening 3. Title 4, Chapters 2 and 4, Green River Valley Landscaping 4. Consistency of Residential Zone Lists to Apply Stricter Development Standards, as modified in Committee (see Attachment) 5. Title 4, Chapter 10,Nonconforming Uses, as modified in Committee(see Attachment) 6. Title 4, Chapter 2, Effective Date of Regulations 7. Title 4, Chapter 2, Setbacks 8. Title 4, Chapter 4,Lighting Standards(see*ttachment) ""/2/04,4' .1 - tt.)L2t)24,L__ Kathy eolker-Wheeler, Chair Terri Briere,Vice Chair King Parker,Member cc: Sue Carlson,EDNSP Administrator Gregg Zimmerman,P/B/PW Administrator Alex Pietsch,EDNSP Director Neil Watts,Development Services Director new P&D Committee Report on 2001 Title 4 Docket\ Rev 01/02 bh ISSUES RAISED'`$N PLANNING & DEVELOPMENT COMMITTEE POLICY DOCKET ITEMS Reference Issue Resolution RMC 4-2-120A Found a code section where Corrected error and double- Consistency of residential abutting and adjacent checked other code sections to zone lists landscaping width treated ensure consistency in treating differently by zone. abutting and adjacent to residential zones. RMC 4-2-110F Language currently only Add catch-all language that Nonconforming Issue Paper discusses meeting says must meet all applicable development standards and city codes for development of critical area regulations. lot. Nonconforming Issue Paper Wanted clarity for what the Review of existing language 50%assessed value applies to finds that these issues are (structure?)and at what point taken care of in several places the assessment is taken to (RMC 4-9-120A,RMC 4-10- judge conformance or 050A.3.b.,RMC 4-10- nonconformance. 050A.5.b.). No change proposed since existing language covers structures and uses, and is based upon most recent assessment on property prior to damage. Lighting Issue Paper Committee asked if Parks Leslie Betlach states that Proposed 4-4-075E.3. lights currently purchased Parks lights do not meet the meet the regulations, as standards proposed. Ask for written. Parks,trails,and golf course to be placed in the"Exemption" section since this would create a hardship and safety hazard to people playing sports. Moved Parks line to Exemption section. 1 05/06/2002 , >April 22,2002 Renton City Council Minutes -••+' Page 147 successful statewide funding ballot measure. She indicated that Sound Transit's next steps are as follows: 1)Work with WSDOT to identify a viable project; 2) Provide staff support to City re-evaluation efforts; 3)Await the Rainier Ave. planning study;and 4)Await the I-405 Corridor south-end HOV improvement identification. In conclusion,Ms. Govern stated that Sound Transit will continue to make cost effective HOV efforts in Renton. Responding to Council inquiry,Ms. Govern explained that the Sound Transit Board has adopted a policy of sub-area equity, which means that any money raised in a particular sub-area will remain in that sub-area. Council discussion ensued regarding the Sound Transit feasibility study on the potential acquisition of Burlington Northern right-of-way; partnering Sound Transit efforts with the I-405 Corridor Program; the authority of sub-areas to issue bonds;the lending of money from one sub-area to another; and the need for the N. 8th St. interchange. Concern was also expressed that the taxes collected for Sound Transit projects are not being spent to improve the transit needs in the City of Renton. RECESS MOVED BY KEOLKER-WHEELER,SECONDED BY CORMAN, COUNCIL RECESS FOR FIVE MINUTES. CARRIED. Time: 8:57 p.m. The meeting was reconvened at 9:06 p.m.;roll was called; all Councilmembers present. PUBLIC HEARING This being the date set and proper notices having been posted and published in Planning: Development accordance with local and State laws,Mayor Tanner opened the public hearing Regulations (Title 4) to consider the proposed 2001 Title 4(Development Regulations)revisions to Revisions zoning interpretations, use table,use notes and related City Code amendments. Gil Cerise,Senior Planner,explained that the goals of amending Title 4 are as follows: • Create a more user-friendly zoning code. • Eliminate duplication in the land use tables. • Clarify conflicting regulations. • Reduce codification costs. He pointed out that the revisions were designed to retain the regulatory intent of the zones,remove obsolete uses,and consolidate similar uses under new titles. Undefined uses were defined to close gaps and eliminate overlap in definitions. Mr. Cerise pointed out that whenever substantive issues were raised,they were placed on a docket of issues to be taken up in future work programs. Mr. Cerise stated that the majority of changes were made to two Chapters in Title 4: Chapter 2—Land Use Districts (zoning districts, use tables and development regulations), and Chapter 11 —Definitions. He reviewed the issues discussed in the Planning &Development Committee which related to accessory use interpretations,and existing and new commercial laundries. Mr. Cerise pointed out that Title 4 sections concerning "wild and dangerous animals" were moved to Title 6, Police Regulations, and he noted that Title 6 amendments will be included in a separate ordinance. In conclusion,Mr. Cerise detailed additional proposed changes to Title 4 which affect: lighting standards,residential zone lists, setbacks, screening, April 22,2002 Renton City Council Minutes Page 148 nonconforming uses, Green River Valley administrative determination, effective dates in development standard tables, and the parking use table. Responding to Council President Nelson's inquiry,Mr. Cerise affirmed that the proposed changes do include regulations for residential nuisance lighting,and that the regulations can be applied to existing situations. Audience comment was invited. Bob Raphael,co-owner of Service Linen Supply,Inc., 903 S.4th St.,Renton, 98055, said that he appreciated being included in discussions regarding the Title 4 revisions concerning commercial laundries,and that he supported the changes that were made. In addition, he announced that the Service Linen building expansion project was recently completed, and he thanked the Council and City staff for their assistance throughout that process. There being no further audience comment, it was MOVED BY PARKER, SECONDED BY CORMAN,COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. ADMINISTRATIVE Chief Administrative Officer Jay Covington reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2002 and beyond. Items noted included: * The Renton float,featuring elements of a Farmers Market,debuted at the Tacoma Daffodil Parade on Saturday,April 20th,and received a 2nd Place award in the category of cities and communities over 10,000 in population. * The Renton Youth Symphony Orchestra will perform a classical music concert at Carco Theatre on Sunday,May 5th,at 7:00 p.m. * According to Tukwila's project manager for the S. 180th St./SW 43rd St. project,business logo signs were to be installed on April 15th; however, this was not accomplished due to a technical problem encountered at the King County sign shop. The City has been informed that the signs will be installed this week. AUDIENCE COMMENT Sandel DeMastus,Highlands Community Association(HCA)President, 1137 Citizen Comment: DeMastus— Harrington Ave. NE,Renton,98056,announced that HCA is hosting a meeting Highlands Community on Thursday,April 25th,at the Renton Housing Authority,consisting of a Association forum panel of community services representatives, including Senator Margarita Prentice. Ms. DeMastus stated that the meeting is open to the public, and she invited everyone to attend. Citizen Comment: Rosemary Quesenberry, 3609 SE 18th Ct.,Renton, 95058, thanked the City for Quesenberry—Renton Youth the use of Carco Theatre for the Renton Youth Day event on Saturday, April Day 27th, and she expressed her appreciation to the community and the City for the supporting this event. Citizen Comment: Hardy— Dave Hardy, 19235 108th Ave. SE,#206,Renton, 98055, stated that he is a Caring About Our Rich member of an environmental awareness organization called Caring About Our Environment,Environmental Rich Environment(CARE)that was originally established in the City of Awareness Organization Snoqualmie. Mr.Hardy described how the organization is administered, and asked that Council support CARE's efforts. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. ,k( Y O Ore, ♦ � PUBLIC HEARING HANDOUT April 22,2002,City Council Chambers,7:30 PM APPLICATION NAME: TITLE IV REVISIONS TO CHAPTERS 1 TO 11 &TITLE VI, CHAPTER 6 PROJECT DESCRIPTION: The City proposes to revise Title IV Development Regulations with the goals of: • creating a more user-friendly zoning code; • eliminating duplication in the land use tables; • clarifying conflicting regulations; and • reducing codification costs. These Title IV revisions were designed to retain regulatory intent of the zones,remove obsolete uses,and consolidate similar uses under new titles. Undefined uses were defined to close gaps and eliminate overlap in definitions. Wherever substantive issues were raised,they were placed on a docket of issues to be taken up in future work programs. Among the changes that were made to the Title IV Use Table and definitions were: • modified Use Note#4, restricting expansion of commercial laundries within the CD zone; • an improved definition of Veterinary Office/Clinics; and • splitting bed&breakfast houses into"accessory"and "professional"categories that reflect industry standards. Proposed Development Standard changes were made to: • clarify existing code requirements; • eliminate inconsistencies; • improve poorly-written text; and • consolidate subject matter. Sections of code dealing with"wild and dangerous animals"that are presently contained in Title IV are moved to Title VI. Title VI modifications are presented in a separate ordinance. IOW Nei This proposal also reflects modifications made in the Planning& Development Committee with regards to the following areas: • clarified approach to accessory use interpretation; • refining the Use Note that restricts commercial laundry expansion in the Center Downtown; • restricts new commercial laundries to the Employment Area Valley(EAV); and • modifications to some definitions to add clarification and not overly restrict uses. The Planning&Development Committee also reviewed the following issues and are recommending adoption within a separate ordinance: • making the parking use table consistent with changes to the use table and definitions outlined above; • lighting regulations that discourage light trespass beyond property boundaries; • consistent screening standards for surface mounted equipment,rooftop equipment, and outdoor loading and maintenance areas near residential zones; • implementation of an administrative determination on use of planted drainage swales to meet the needs of the 2% landscaping requirement for properties located within the Green River Valley; • application of consistent residential zone lists when applying stricter standards for commercial and industrial zones abutting and adjacent to residential zones; • revisions to the nonconforming use section of code that restores sections of code erroneously deleted in the past and adding clarifying language on this subject; • providing more consistent effective dates for regulations in the development standards tables where possible; and • clarifying and making setback requirements more consistent among zones. RECOMMENDATION: Council adopt the Title IV revisions, as presented. TITLE IV REVISIONS PUBLIC HEARING Commercial Laundry in the Center Downtown (CD) Zone Note#4 Shown in Committee of the Whole Meetings (December 2001) These uses shall be permitted only as a continuation of an existing commercial laundry use for purposes of rebuilding upon unintentional destruction of property, or necessary renovations to continue the use within its existing building footprint. However, the use shall not be allowed to expand within this zone. Revised Note#4 Existing commercial laundry uses may be continued and may be re-established for purposes of rebuilding upon unintentional destruction of property. Existing commercial laundry uses may not expand beyond their existing building footprint plus abutting easements, loading, or parking areas. Renovations 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 42 feet, 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 may not be expanded beyond their existing building footprint. 1 04/22/2002 .r Proposed Title 4 Revisions to Zoning Interpretation.`Use Table, Use Notes, and Related Code Amendments City Council Public Hearing Presentation April 22, 2002 Goals of Amending Title 4 • Create a more user-friendly zoning code • Eliminate duplication in the land use tables • Clarify conflicting regulations • Resulting in reduced codification costs • Where significant policy issue exists,the issue was placed on a docket for future Proposed Title 4 Revisions to Zoning Interpretation, Use Table, Use Notes, and Related Code Amendments 1 1111116. 40110 firtent of Code Format Changes • Retain regulations • Remove obsolete uses i.e.;Remove Coal Yard.Telegraph,etc. • Consolidate similar uses under new titles • Create more logical grouping of uses • Consolidate undefined uses under new, defined use types xSeuraair1tar:yy Proposed Chapter 2 Code Changes • Purpose and Intent of Zoning Districts modified to clarify how zones are intended to work. • Consolidate use types by removing "Secondary"use and treating as"Permitted" subject to conditions. • Unclassified Use added with process to determine how a use that does not neatly fit in Use Table is to be treated. .Smnnnrary of Proposed Development Standard Changes Changes made to: • clarify existing requirements • eliminate inconsistencies • improve poorly-written text • consolidate subject matters Proposed Title 4 Revisions to Zoning Interpretation, Use Table, Use Notes, and Related Code Amendments 2 • Summary Chapter /l: Definitions • Remove definitions no longer used or found in Code • Remove definitions for terms used in State law(i.e.,SEPA terms) • Add definitions for all undefined terms used in I.Jse Table • Add definitions for use types(Accessory Use,etc.) Issues Discussed in Planning& Derelopnaent Committee • Accessory use interpretation is clarified Accessory uses treated as Permitted or through a Conditional Use based upon adverse community impacts or intensity of the proposed Accessory Use. Relies on administrative interpretation. Issues Discussed in Planning& Development Committee • Existing Commercial laundries: Modify language to restrict expansion in the CD zone • New Commercial laundries. Restrict to Industrial zones in the Employment Area Valley(EAV) Proposed Title 4 Revisions to Zoning Interpretation, Use Table, Use Notes, and Related Code Amendments 3 AVIMENIONW Title o Amendments • Propose elimination of a conflict with animal husbandry regulations in Title 4 Use Table • Move prohibition of keeping wild or dangerous animals from Title 4 to Title 6 • Defines"Wild or Dangerous Animals" Additionca1 Proposed Atnendnzents to Title 4 (i n Lighting Standards • Limit light trespass across property lines `�• Regulate residential light nuisances • Regulate building lighting to avoid lighting above roofline • Regulate parking/display lot light standards to a height of 25 feet and require full cut-off shields • Exempt holiday lights,signage,right-of- way lighting,official government flags,and parks&stadiums Proposed The 4 Revisions to Zoning Interpretation, Use Table, Use Notes, and Related Code Amendments 4 +rw r.r Consistency of Residential Zone Lists • Special standards for abutting/adjacent zones-lists of residential ,' ' -., zones not consistent tinris � • Include RC and RIVE ''ien- - zones,except: 6 '^ RM-U zone when adjacent to CD zone RC zone when abutting CO,IL,Ill.or IH zones - Add RC zone to trigger screening of outdoor storage/maintenance&work areas ..„ k , Setbacks • Arterial/Freeway setbacks Eliminate in residential zones since they have larger setbacks required anyway - Retain as freeway setbacks for commercial and industrial zones • Front Yard vs..Street Side Yard • Intrusions into Setbacks --, • Clarify measurement of setbacks ,i Screening • Surface Mounted Equipment z f s • Rooftop Equipment ,� 1�, �s�,�;�s�, cam? • Outdoor,Loading,Repair, z,e ; ,, Maintenance and Work Areas . :�' • Thresholds for Compliance Proposed Title 4 Revisions to Zoning Interpretation, Use Table, Use Notes, and Related Code Amendments 5 Nonconforining Lies • Allow Single-Family to be restored even if nonconforming prior to 1993 • Restore prohibition against expansion of nonconforming uses • Changing to different nonconforming use • Alterations to legal nonconforming use Cannot be improved above 50%unless Rebuild Approval Permit is issued Other Zisites Discussed • Green River Valley —Implement an administrative determination • Effective Dates in Development Standard • Tables Make consistent where possible ,, • Parking Use Table A `; Make consistent with proposed uses in Use Table �, A iftA• • Proposed Title 4 Revisions to Zoning Interpretation, Use Table, Use Notes, and Related Code Amendments 6 `SY O Cis: ' �`N1TO� PUBLIC HEARING HANDOUT April 22,2002,City Council Chambers,7:30 PM APPLICATION NAME: TITLE IV REVISIONS TO CHAPTERS 1 TO 11 & TITLE VI, CHAPTER 6 PROJECT DESCRIPTION: The City proposes to revise Title IV Development Regulations with the goals of: • creating a more user-friendly zoning code; • eliminating duplication in the land use tables; • clarifying conflicting regulations; and • reducing codification costs. These Title IV revisions were designed to retain regulatory intent of the zones,remove obsolete uses, and consolidate similar uses under new titles. Undefined uses were defined to close gaps and eliminate overlap in definitions. Wherever substantive issues were raised, they were placed on a docket of issues to be taken up in future work programs. Among the changes that were made to the Title IV Use Table and definitions were: • modified Use Note#4,restricting expansion of commercial laundries within the CD zone; • an improved definition of Veterinary Office/Clinics; and • splitting bed&breakfast houses into"accessory" and "professional" categories that reflect industry standards. Proposed Development Standard changes were made to: • clarify existing code requirements; • eliminate inconsistencies; • improve poorly-written text; and • consolidate subject matter. Sections of code dealing with "wild and dangerous animals"that are presently contained in Title IV are moved to Title VI. Title VI modifications are presented in a separate ordinance. This proposal also reflects modifications made in the Planning& Development Committee with regards to the following areas: • clarified approach to accessory use interpretation; • refining the Use Note that restricts commercial laundry expansion in the Center Downtown; • restricts new commercial laundries to the Employment Area Valley (EAV); and • modifications to some definitions to add clarification and not overly restrict uses. The Planning&Development Committee also reviewed the following issues and are recommending adoption within a separate ordinance: • making the parking use table consistent with changes to the use table and definitions outlined above; • lighting regulations that discourage light trespass beyond property boundaries; • consistent screening standards for surface mounted equipment,rooftop equipment, and outdoor loading and maintenance areas near residential zones; • implementation of an administrative determination on use of planted drainage swales to meet the needs of the 2% landscaping requirement for properties located within the Green River Valley; • application of consistent residential zone lists when applying stricter standards for commercial and industrial zones abutting and adjacent to residential zones; • revisions to the nonconforming use section of code that restores sections of code erroneously deleted in the past and adding clarifying language on this subject; • providing more consistent effective dates for regulations in the development standards tables where possible; and • clarifying and making setback requirements more consistent among zones. RECOMMENDATION: Council adopt the Title IV revisions, as presented. Sean O'Neill — Bob Raphael 4- David Halinen 575 High Avenue South P.O.Box 957 Halinen Law Offices,P.S. Renton,WA 98055 Renton,WA 98057 2115 North 30th, Suite 203 Tacoma, WA 98403 Tom Hainsley Jeff Weber 144 Railroad Avenue,Suite 217 Buck&Gordon Edmonds,WA 98020 1011 Western Avenue#902 Seattle,WA 98104 oilte Oit c.i1 a '�r' of 3/Zc/ZCO2- rr CITY OF RENTON NOTICE OF PUBLIC HEARING RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 22nd day of April, 2002, at 7:30 p.m. as the date and time for a public hearing to be held in the seventh floor Council Chambers of Renton City Hall, 1055 S. Grady Way,Renton, WA 98055, to consider the following: Proposed 2001 Title 4 (Development Regulations)revisions to zoning interpretations,use table,use notes and related City Code amendments. All interested parties are invited to attend the hearing and present written or oral comments regarding the proposal. Renton City Hall is in compliance with the American Disabilities Act, and interpretive services for the hearing impaired will be provided upon prior notice. For information,call 425-430-6510. 6071444e.a Zeial&Y`- Bonnie I. Walton City Clerk Published South County Journal April 12, 2002 Account No. 50640 CITY OF RENTON NOTICE OF PUBLIC HEARING RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 22nd day of April, 2002, at 7:30 p.m. as the date and time for a public hearing to be held in the seventh floor Council Chambers of Renton City Hall, 1055 S. Grady Way, Renton, WA 98055, to consider the following: Proposed 2001 Title 4 (Development Regulations) revisions to zoning interpretations, use table, use notes and related City Code amendments. All interested parties are invited to attend the hearing and present written or oral comments regarding the proposal. Renton City Hall is in compliance with the American Disabilities Act, and interpretive services for the hearing impaired will be provided upon prior notice. For information, call 425-430-6510. & t/fldL \i Z a1 Bonnie I. Walton City Clerk Published South County Journal April 12, 2002 Account No. 50640 March 25,2002 Renton City Council Minutes ' Page 104 Planning&Development Planning&Development Committee Chair Keolker-Wheeler presented a report Committee regarding the proposed 2001 City Code Title 4 revisions to the zoning Planning: Development interpretations,use table, use notes,and related City Code amendments. The Regulations (Title 4) Committee reviewed the proposed revisions on February 7,and March 21, Revisions 2002. The issue of how to review accessory uses has been resolved as recommended in Option#1 in the staff materials dated February 7,2002. In addition,the Committee raised a number of issues, which will result in an edit to the document, or referral to the docket of Title 4 issues. The Committee recommended that the proposed Title 4 revisions be referred to the City Attorney for preparation of an ordinance and that a public hearing be schedu for April 22,2002. MOVED BY KEOLKER-WHEETFR, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Utilities Committee Utilities Committee Chair Briere presented a report regarding granting an Technical Services: Utilities easement to the developer of the Kensington Crest Condominium project Easement,Kensington Crest located at 1400 SE Royal Hills Dr. for storm water facilities. The City required Condo Project the developer to install a storm water drainage pipeline for this project across City of Renton property. The facility has been installed and approved. The storm water facility will be maintained by the condominium association; therefore,the developer needs an easement from the City for this pipeline. The Committee recommended concurrence in the recommendation of the Planning/Building/Public Works Department that Council approve the easement and authorize the Mayor to execute it and have it recorded. MOVED BY BRIERE, SECONDED BY KEOLKER-WHEELER,COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Solid Waste: Local Hazardous Utilities Committee Chair Briere presented a report recommending concurrence Waste Mgmt Program in the recommendation of the Planning/Building/Public Works Department that Contract Amend,Dept of Council approve Amendment#7 to the Memorandum of Understanding Public Health,CAG-95-060 between the Seattle-King County Department of Public Health and the City (CAG-95-060). The memo of understanding authorizes the City's Solid Waste Utility to receive$36,176 in funding from the Local Hazardous Waste Management Plan in Seattle-King County for household hazardous waste recycling and education projects implemented in 2001. The Committee further recommended that the resolution regarding this matter be presented for reading and adoption. It is understood that a new contract with updated language is expected for 2003. This contract should resolve issues that the City has with some of the disposal requirements imposed by the Department of Public Health. MOVED BY BRIERE, SECONDED BY KEOLKER- WHEELER,COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 107 for resolution.) Finance Committee Finance Committee Chair Parker presented a report recommending approval of Finance: Vouchers Claim Vouchers 202161 —202602 and three wire transfers totaling $2,146,782.20;and approval of Payroll Vouchers 37042—37276, one wire transfer and 548 direct deposits totaling$1,657,303.91. MOVED BY PARKER, SECONDED BY CLAWSON,COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Human Resources: Probation Finance Committee Chair Parker presented a report regarding the establishment Officer,Establish at Grade al8 of a grade for the new Probation Officer position. The new position was included in the 2002 Budget,however no grade was assigned. Therefore,the Committee recommended the establishment of grade a18,pending AFSCME APP VED BY 1 CIV COUNCIL Date 3-2s-aaoa'a PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT March 25, 2002 Proposed 2001 Title 4 Revisions to Zoning Interpretations,Use Table,Use Notes,and Related Code Amendments (Referred January 14,2002) The Planning and Development Committee reviewed the Proposed 2001 Title 4 Revisions to Zoning Interpretations, Use Table, Use Notes, and Related Code Amendments on February 7th and March 21S`,2002. The issue of how to review accessory uses is resolved as recommended in Option#1 in the staff materials dated February 7, 2002. In addition, the Planning and Development Committee raised a number of issues, as outlined on the attachment,which will result in an edit to the document, or referral to the docket of Title 4 issues. It is recommended that the proposed Title 4 Revisions be referred to the City Attorney's Office for preparation of an ordinance and that a public hearing be scheduled for April 22,2002. Kathy :•lker-Wheeler, Chair �/II� ,/� ice Chair 0410' ing Par er,Member cc: Sue Carlson,EDNSP Administrator Gregg Zimmerman,P/B/PW Administrator Alex Pietsch,EDNSP Director Neil Watts,Development Services Director P&D Coml\ Rev O1/02 bh ISSUES RAISED PLANNING & DEVELOPML`" T COMMITTEE Reference Issue Resolution RMC 4-2-030A Unclear if code means Review Text in this Section centerlines of streets, or for clarity and revise. centerline of streets and alleys. RMC 4-2-030E Planned Unit Developments Docket (PUD)? Questions whether or not we should still have this in our Code. Staff stated that this was a necessary tool until something was in place to replace the PUD. RMC 4-2-040A.2. Found this language to be Docket confusing as to intent. Neil explained it is intended to allow co-location to continue at nonconforming locations. RMC 4-2-050C.4. Discussed Accessory Use Replace Subsection of Code Interpretations. Committee with language attached to concurred with staff March 18t memo. recommendation to replace language with suggested language implementing "Option#1." Development Services concurred. RMC 4-2-050C.6. Questions "....if applicant Docket notification issues,in does not concur..." Why not general. general public? Wants more Immediate action: Revise review of notification issues. language to say"...if party does not concur..."or similar language. RMC 4-2-060D. Home Occupations. No action necessary. Questioned why they were present in commercial zones. Staff explained that they are allowed in all zones that allow residences. RMC 4-2-080A.4. Existing Commercial Staff will draft language as Laundries note. Need to add noted. Coordinate with Jeff language allowing added Weber to ensure comfort. height for purposes of continuing necessary business. Allow for intensification within building footprint, subject to ordinary SEPA. No change to additional parking. RMC 4-2-080A.20. What is the Suburban Centers No action needed. Residential Bonus District? Staff explained that name of Suburban Centers Residential Demonstration District 1 ISSUES RAISED ( PLANNING & DEVELOPMZ&T COMMITTEE Reference Issue Resolution changed to bonus district language above. RMC 4-2-110A Minimum May want to look at raising Docket Housing Density for R-8 the exemption from minimum density from lots 'V2 acre in size to something larger. RMC 4-2-110B Rear Yards in Investigate this regulation with Docket. Look at South R-8 regards to back out space Renton issue. required,improved right-of- way requirements,etc. where parking is accessed from the rear lot. RMC 4-2-110D.4. What happens to these items Docket that are allowed to project into the front yard when you treat a rear yard? Are they prohibited from projecting into rear yard? RMC 4-4-030B Adoption by Reference. Make Text Changes as Remove specific dates and add Appropriate language that refers to"other documents or studies..." RMC 4-4-030D.2. Design standards for off-site Street Width Work Program improvements. Currently allows P/B/PW Administrator to specify street width standards for construction. Question whether this is appropriate. RMC 4-4-070D.6. Green River Valley This is on the Existing Policy Landscaping Requirements. Docket to be reviewed by P&D. Hold until that discussion. RMC 4-4-070H.2. Where is penalties for Failure Investigate this issue. Most to Maintain Landscaping? Violations and Penalties Sections are at the end of each Chapter. RMC 4-4-080F.10.e. Wants to docket the issue of Docket parking spaces. RMC 4-4-090 Have Solid Waste look at this Send Code Section to Solid Code section to make sure it is Waste and ensure this meets still up-to-date. their approval. Only changes are in adding former Development Standards applicable to some commercial/industrial zones to this Code section. Development Standards Look at ways to more clearly Staff will look at different Tables distinguish which tables cover ways to format. primary structures and which 2 • ISSUES RAISED PLANNING & DEVELOPML vT COMMITTEE Reference Issue Resolution ones cover detached accessory structures. Appeal Sections/Language In Check to ensure that all Docket. Already identified Code Appeal language is current, some inconsistent appeal consistent,and has correct language. "legalize." Center Residential Do a word search to ensure Staff will perform word search Demonstration District that this term has been in this document. language in Code changed consistently to Center Residential Bonus District. RMC 4-8-070H Hearing Need a way to get at the issues Docket Hearing Examiner Examiner Responsibilities that the Hearing Examiner Issues. Will use outcome keeps bringing up. management and P&D referral letter from Fred Kaufman to try to bring up issues the Hearing Examiner has and deal with them in a constructive manner. RMC 4-11-010 ADJACENT How are easements treated in Easements are treated as part the ADJACENT definition? of the property. Therefore, two properties separated by an easement would be considered to be"ABUTTING." Look at adding clarifying language in these two definitions. RMC 4-11-010 ALLEY How are easements treated in Add this to the Street Width the definition of ALLEY? work program. Potentially modify ALLEY defmition through this process, or potentially have a definition for"old alleys" and"new alleys." RMC 4-11-020 BED AND Example of a B&B on Renton Modify definition to allow BREAKFAST HOUSE, Hill where the owner lives in owner/proprietor to live in ACCESSORY neighboring home. B&B is a B&B or on contiguous small(1-bedroom?)home. properties. CONGREGATE Would not think to look up Add Boarding House: See RESIDENCE(BOARDING Congregate Residence when Congregate Residence cross- HOUSE) thinking of Boarding House. reference. GARAGE SALE No catch-all language for Add language to definition something that essentially is a garage sale,but goes by a different name. All residential-type definitions Need to go through the Docket: Do a matrix to cover process of comparing all these these uses and compare them. definitions to ensure that everything is covered,yet all definitions are distinct. RMC 4-11-140 Does there need to be a No Action. This term is not 3 ISSUES RAISED_ PLANNING & DEVELOPML vT COMMITTEE Reference Issue Resolution definition for referenced in Code. "NEIGHBORHOOD ASSOCIATION?" RMC 4-11 Parks Definitions Do these match the most Staff will check with Parks recent Parks Department Depai tinent to ensure these definitions? definitions match. RMC 4-11 Planned Unit Noted that there are 2 Shoreline Program Update. Development definitions: one applicable to Staff will consolidate all Shorelines, and another duplicative Shoreline generic. definitions when the Shoreline Program is updated. Freeway Setbacks in A number of Freeway Setbacks are on the Policy Development Standards,RMC Setbacks are outlined in the Docket. Will revisit 4-2 (4-2-110A,for example) Development Standards. May recommendation to eliminate want to revisit those setbacks freeway setback for residential in consideration of WSDOT's in light of the I-405 I-405 project? discussion. GENERAL zones and Comp Do we want this many zones Comp Plan Discussion will Plan designations(RMC 4-2- and Comp Plan amendments? discuss these issues. OIOE) RMC 4-2-1 l0A(R-8 Zone) Do we really want a minimum Docket density in the R-8? "Demonstrations"and Ensure that there are criteria Future work programs will "Demonstration"Districts and evaluation processes set include criteria/evaluation. up for these in the future. Functions of Boards and Question the number, Staff found that several Commissions function,etc. of Boards and commissions/boards are Commissions in the City. Are required by state law,and they working the way that they required by state law to be are intended? Should some be separate entities. consolidated? 4 ACCESSORY USE INTERPRETATION OPTIONS For Planning & Development Committee Discussion: February 7,2002 The issue of interpretation of accessory uses is a complex one. The definition of accessory use, as proposed is: ACCESSORY USES: Uses customarily incidental and subordinate to the principal use and typically located upon the same lot occupied by the principal use. Some accessory uses are specifically listed,particularly where a use is only allowed in an accessory form,whereas other accessory uses are determined by the Development Services Division on a case by case basis per RMC 4-2-050C.4 and C.6, Accessory Use interpretations and Unclassified Uses. In reviewing Accessory Use interpretations resulting from December's Committee of the Whole discussion, staff found that the interpretation section(RMC 4-2-050C.4.a.1.) for Accessory Uses can be interpreted in several different ways. Staff wants to ensure that this proposal reflects the Council's policy direction. Therefore,this paper attempts to clearly outline some different options for interpretation of Accessory Uses. OPTION#1 Accessory form of a Use determined to be permitted outright or needing a conditional use based upon adverse community impacts or intensity of the proposed Accessory Use. This method of interpreting Accessory Uses relies upon Development Services Division to interpret when an Accessory Use becomes intense enough to require extra review. An example of how this works is the following two scenarios outlined below for a glass art gallery in the Center Downtown(CD)zone. In the two examples,the glass art gallery contains a primary use of a gallery area where glass art is displayed for sale(retail sales),and an accessory use area where glass art is created(light manufacturing and fabrication)is being added: a. Example 1: In this example,the accessory glass art production area is being added to allow the gallery owner to produce his creations on-site instead of hauling them in from an off-site production facility. The expansion does not result in more employees or additional traffic. The owner spends more time at the gallery and stores raw materials as well as finished products in the gallery store room. However,there are no external impacts to the neighborhood. This expansion would be treated as permitted outright due to its small impact,even though light manufacturing and fabrication uses would require a hearing examiner conditional use. b. Example 2: The glass art production area is being expanded significantly in order to provide additional ovens and space for additional artists. The expansion is significant enough to employ additional artists and apprentices in the production of glass art, increasing traffic trips and allowing the facility to send its art pieces to other galleries. This expansion would be considered an expansion of intensity and added impacts upon the neighborhood. Therefore,the proposed expansion would go through a Hearing Examiner Conditional Use process as though the accessory glass production facility was a primary use. 1 02/07/02 OPTION#2 Accessory form of a Use follows the same permit type as the primary form of the Use within a zone. Under this form of interpretation, a Use may exist as a principal use(i.e., any glass- blowing production facility) or as an accessory(i.e.,a glass-blowing facility within a glass art gallery). If the glass-blowing facility(defined as light manufacturing and fabrication in the use table)is permitted through a hearing examiner conditional use,as it is in the Center Downtown (CD)zone,then the accessory form is also permitted through a hearing examiner conditional use permit. Therefore, if a glass art gallery were to add a glass-blowing facility within the CD zone, that would be treated as a Hearing Examiner Conditional Use(H)even though the art gallery itself(defined as retail sales in the use table)would be permitted outright(P)in that zone. OPTION#3 Accessory form of a Use follows the same permit type as the primary use it is associated with within a zone. Under this form of interpretation,uses exist in principal and accessory forms (as in#1 above). Using the same example as above,the glass-blowing facility would be permitted through a Hearing Examiner Conditional Use(H)in the CD zone as a primary use. However, if an art gallery was to add a glass-blowing facility,even though it is an accessory to the art gallery use,it would permitted outright(P)because the art gallery itself is permitted outright. None of these options affect the remaining portions of the attached Accessory Use Interpretation section shown on the following page. Therefore,these options do not account for locational use note restrictions, or if the use is shown as a"blank"in the cell on the use table. Recommendation: Staff recommends that option #1 be used as the method for interpreting accessory uses. This method ensures that a reasonable review and determination is made as to the accessory use's impacts on the neighborhood and external environment. It is also the closest to the current way that Development Services makes accessory use interpretations. Options #2 and #3 are seen as too restrictive and narrowly construed. Staff will use direction that Planning &Development Committee gives it to draft code language changes to the Title IV proposal for RMC 4-2-050C.4.a. governing accessory use interpretations. 2 02/07/02 TEXT OF PROPOSED ACCESSORY USE INTERPRETATION SECTION (RMC 4-2-050C) 4. Accessory Use Interpretations: The Development Services Division Director may determine if an unclassified use or a classified use, even if not specifically listed as accessory (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 allowed as an accessory use utilizing the rules of interpretation in subsection "a". If the applicant does not concur with the interpretation of whether a use is accessory or 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 detail, shall incorporate"accessory use" interpretations upon approval by the legislative authority. a. Rules of Interpretation for Accessory Uses: To determine whether a use is permitted as accessory, the Development Services Division Director shall utilize the following rules of interpretation: If a use is allowed or conditionally-allowed in a zone as a "permitted" use, aaccessory uses associated with the primary form of the use that are determined to be incidental, necessary and commonly found with the permitted use may be permittedallowed with the same permit type as the primary use, unless specifically stated otherwise. , pr many fo m f the „se reg„ires a Hearing Examiner Conditional I 1 .,.,.� .,may,.....,.. .. ..�.,... .� _.._......_. __.._..._.._. ___ D r 't tte accesson.form of the „se also requires a Hearing_Examiner ii. If a use is permitted or conditionally permitted as a primary use, subject to location restrictions, the listed use, even as an accessory fermi-of the use, is also subject to the same location restrictions as the primary use, unless specifically stated otherwise. For example, if a use is restricted to a location within the Employment Area Valley (EAV) land use designation, then the accessory form of the use is only permitted in the EAV, unless specifically stated otherwise. , accessory uses or structures in R Required parking, required site utilities/facilities, and other development standards required in order to establish or operate a use on a site according to the RMC are considered accessory. 3 02/07/02 RECEIVED 1..rtr( 1 8 2002 CITY OF RENTON ECONOMIC DEVELOPMENT RENTONCMTOUNCL NEIGHBORHOODS, AND STRATEGIC PLANNING MEMORANDUM DATE: March 18, 2002 TO: Kathy Keolker-Wheeler, Chair Planning&Development Committee FROM: Gil Cerise, Senior PlannerA SUBJECT: Title IV Revision Issues for Discussion The Committee of the Whole reviewed the Title IV revision work program encompassed in the yellow notebook entitled, "Proposed Title IV Revisions to: Chapters 1 to 11 &Title 6, Chapter 6" in three sessions this winter (December 17, 2001; January 7, 2002; and January 14, 2002). At the end of these sessions, Council forwarded the issue of accessory use interpretations to the Planning and Development Committee for resolution prior to bringing this work program back to Council for a public hearing. Accessory Use Interpretation. Staff provided Planning and Development Committee with an "Accessory Use Interpretation Options" paper for the February 7, 2002 Planning and Development Committee meeting. The issue paper (copy attached to this memo) outlines three methods of interpretation, and makes a recommendation for which methodology to use. Staff intends to focus the discussion on March 21St on this issue in order to achieve resolution and forward this work item on to the City Council for a public hearing. Existing Commercial Laundries in the CD Zone. In addition to the one outstanding issue, citizen comment is anticipated on one of the more substantive policy changes from this yellow notebook. Service Linen is expected to testify on the Use Note associated with "Existing Commercial Laundries"in the Center Downtown(CD)zone. For your information,the change in the note is outlined on the attachment entitled"Commercial Laundry Use Note Comparison." As was mentioned at the Committee of the Whole meetings, the changes to this Use Table Note will allow Service Linen to continue as a legally existing conforming use within the CD zone. However, it would not allow further expansion of the commercial laundry use within the CD zone. Staff has determined that the Use Table Note, as currently written in the existing Code, may be interpreted to allow future expansion, above and beyond that recently completed, of the commercial laundry use within the City's Downtown. Additional Issues. If Committee members have additional issues to discuss at the March 21St meeting, please contact Rebecca Lind or Gil Cerise prior to the March 21st Committee meeting. Staff will develop additional issue papers for Council review. cc: Jesse Tanner,Mayor Renton City Councilmembers Jay Covington,Chief Administrative Officer Sue Carlson,EDNSP Administrator Gregg Zimmerman,P/B/PW Administrator \\CENTRAL\SYS2\DEPTS\FINANCE\EDNSP\Title IV\Multiple Zone Amends\TITLE IV 2001\Planning&Development\Mar21 memo.doc\cor Nose ACCESSORY USE INTERPRETATION OPTIONS For Planning & Development Committee Discussion: February 7, 2002 The issue of interpretation of accessory uses is a complex one. The definition of accessory use, as proposed is: ACCESSORY USES: Uses customarily incidental and subordinate to the principal use and typically located upon the same lot occupied by the principal use. Some accessory uses are specifically listed,particularly where a use is only allowed in an accessory form, whereas other accessory uses are determined by the Development Services Division on a case by case basis per RMC 4-2-050C.4 and C.6, Accessory Use interpretations and Unclassified Uses. In reviewing Accessory Use interpretations resulting from December's Committee of the Whole discussion, staff found that the interpretation section (RMC 4-2-050C.4.a.1.) for Accessory Uses can be interpreted in several different ways. Staff wants to ensure that this proposal reflects the Council's policy direction. Therefore,this paper attempts to clearly outline some different options for interpretation of Accessory Uses. OPTION#1 Accessory form of a Use determined to be permitted outright or needing a conditional use based upon adverse community impacts or intensity of the proposed Accessory Use. This method of interpreting Accessory Uses relies upon Development Services Division to interpret when an Accessory Use becomes intense enough to require extra review. An example of how this works is the following two scenarios outlined below for a glass art gallery in the Center Downtown (CD)zone. In the two examples, the glass art gallery contains a primary use of a gallery area where glass art is displayed for sale (retail sales), and an accessory use area where glass art is created(light manufacturing and fabrication)is being added: a. Example 1: In this example, the accessory glass art production area is being added to allow the gallery owner to produce his creations on-site instead of hauling them in from an off-site production facility. The expansion does not result in more employees or additional traffic. The owner spends more time at the gallery and stores raw materials as well as finished products in the gallery store room. However, there are no external impacts to the neighborhood. This expansion would be treated as permitted outright due to its small impact,even though light manufacturing and fabrication uses would require a hearing examiner conditional use. b. Example 2: The glass art production area is being expanded significantly in order to provide additional ovens and space for additional artists. The expansion is significant enough to employ additional artists and apprentices in the production of glass art, increasing traffic trips and allowing the facility to send its art pieces to other galleries. This expansion would be considered an expansion of intensity and added impacts upon the neighborhood. Therefore,the proposed expansion would go through a Hearing Examiner Conditional Use process as though the accessory glass production facility was a primary use. 1 03/18/2002 • '41110' "NNW OPTION#2 Accessory form of a Use follows the same permit type as the primary form of the Use within a zone. Under this form of interpretation,a Use may exist as a principal use(i.e., any glass- blowing production facility) or as an accessory(i.e., a glass-blowing facility within a glass art gallery). If the glass-blowing facility(defined as light manufacturing and fabrication in the use table)is permitted through a hearing examiner conditional use,as it is in the Center Downtown (CD)zone,then the accessory form is also permitted through a hearing examiner conditional use permit. Therefore,if a glass art gallery were to add a glass-blowing facility within the CD zone, that would be treated as a Hearing Examiner Conditional Use(H)even though the art gallery itself(defined as retail sales in the use table)would be permitted outright(P)in that zone. OPTION#3 Accessory form of a Use follows the same permit type as the primary use it is associated with within a zone. Under this form of interpretation,uses exist in principal and accessory forms (as in#1 above). Using the same example as above, the glass-blowing facility would be permitted through a Hearing Examiner Conditional Use(H) in the CD zone as a primary use. However, if an art gallery was to add a glass-blowing facility, even though it is an accessory to the art gallery use, it would permitted outright(P)because the art gallery itself is permitted outright. None of these options affect the remaining portions of the attached Accessory Use Interpretation section shown on the following page. Therefore, these options do not account for locational use note restrictions, or if the use is shown as a "blank"in the cell on the use table. Recommendation: Staff recommends that option #1 be used as the method for interpreting accessory uses. This method ensures that a reasonable review and determination is made as to the accessory use's impacts on the neighborhood and external environment. It is also the closest to the current way that Development Services makes accessory use interpretations. Options #2 and #3 are seen as too restrictive and narrowly construed. Staff will use direction that Planning & Development Committee gives it to draft code language changes to the Title IV proposal for RMC 4-2-050C.4.a. governing accessory use interpretations. 2 03/18/2002 TEXT OF PROPOSED ACCESSORY USE INTERPRETATION SECTION (RMC 4-2-050C) 4. Accessory Use Interpretations: The Development Services Division Director may determine if an unclassified use or a classified use, even if not specifically listed as accessory (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 allowed as an accessory use utilizing the rules of interpretation in subsection "a". If the applicant does not concur with the interpretation of whether a use is accessory or 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 detail, shall incorporate"accessory use" interpretations upon approval by the legislative authority. a. Rules of Interpretation for Accessory Uses: To determine whether a use is permitted as accessory, the Development Services Division Director shall utilize the following rules of interpretation: If a use is allowed or conditionally-allowed in a zone as a "permitted" use, an-accessory uses associated with the primary form of the use that are determined to be incidental, necessary and commonly found with the permitted use may be tedallowed with the same permit type as the primary use, unless specifically stated otherwise. For example, -the Permit Oho accessory form of the use also req res a Hearing C a in ii. If a use is permitted or conditionally permitted as a primary use, subject to location restrictions, the listed use, even as an accessory form of the user is also subject to the same location restrictions as the primary use, unless specifically stated otherwise. For example, if a use is restricted to a location within the Employment Area Valley (EAV) land use designation, then the accessory form of the use is only permitted in the EAV, unless specifically stated otherwise. the use may be allowed as an accessory use if the use is determined to accessory uses or structures in RMC 4 11. Provided that outdoor iiii. Required parking, required site utilities/facilities, and other development standards required in order to establish or operate a use on a site according to the RMC are considered accessory. 3 03/18/2002 4-2-080 COMMERCIAL LAUNDRY USE NOTE COMPARISON For Discussion at Planning & Development Committee on March 21, 2002 4-2-080 CONDITIONS ASSOCIATED WITH ZONING USE TABLES: A. SUBJECT TO THE FOLLOWING CONDITIONS: [EDITOR'S NOTE: EXISTING CODE LANGUAGE FOR USE NOTE NUMBER 18 (NEW NOTE#4)] 18. These uses shall be permitted only as a continuation of an existing commercial laundry use. Existing use of this type may be expanded on existing properties, contiguous properties, or on properties a portion of which is within one hundred feet (100') of existing buildings, subject to site plan review. These uses shall not be expanded on the ground floor along street frontage in the "Downtown Pedestrian District" except for those supportive office and sales uses. Along property lines adjacent to residential uses, there shall be a fifteen foot (15') wide continuous landscaped buffer. [EDITOR'S NOTE: NEW NOTE NUMBERING SYSTEM FOR FORMER USE NOTE NUMBER 18] 4. These uses shall be permitted only as a continuation of an existing commercial laundry use for purposes of rebuilding upon unintentional destruction of property, or necessary renovations to continue the use within its existing building footprint. However, the use shall not be allowed to expand within this zone. commercial laundry comparison.doc 1 03/18/2002 RECEIVED I.3 0 6 ZUUZ CITY OF RENTON ECONOMIC DEVELOPMENT RENTONCITYC©UNCLL NEIGHBORHOODS, AND STRATEGIC PLANNING MEMORANDUM DATE: February 6, 2002 TO: Kathy Keolker-Wheeler, Chair Planning&Development Committee FROM: Gil Cerise, Senior Planner SUBJECT: Title IV Revision Work Program Items Attached to this memo, you will find two requested discussion items for the 2001 Title IV Revision project. 1. Example Zone Cross Reference (Residential-8 Zone): This is an attempt to create a user- friendly cross-reference ,possibly to assist citizens who want to know all the sections of Title IV that may commonly apply to their property in a given zone. A special conditions within a zone section follows. The Use Table for uses allowed within that zone are on pages 3-4 of the hand-out. 2. Accessory Use Interpretation Options: This hand-out discusses several different ways of accessory use interpretation in hopes of coming to a conclusion about how accessory uses should be interpreted for Title IV of the Renton Municipal Code. cc: Jesse Tanner,Mayor Renton City Councilmembers Jay Covington,Chief Adminstrative Officer Sue Carlson,ENSP Administrator Gregg Zimmerman,PB/PW Administrator \\CENTRAL\SYS2\DEPTS\FINANCE\ECON_DEV\New H Drive Folders\Title IV\Multiple Zone Amends\TITLE IV 2001\Planning &Development\Feb7 cover memo.doc\cor RESIDENTIAL-8(R-8)ZONE SECTION OF CODE PAGE REFERENCE ON SUBJECT WHERE INFORMATION CHANGES-ACCEPTED CAN BE FOUND HANDOUT Purpose of the Zone 4-2-020E 4-2-7 through 4-2-8 Uses allowed in Zone (see 4-2-060 A— R 4-2-15 through 4-2-21 page 2 for individual listing) Notes for special conditions 4-2-080 4-2-22 through 4-2-28 associated with uses in the Zone Property development 4-2-110A 4-2-29 through 4-2-32 standards for houses and attached garages, including yard setbacks, maximum height restrictions, and maximum building coverage. Property development 4-2-110B 4-2-33 through 4-2-34 standards for detached garages and sheds, including setbacks, maximum size and height of structure. Notes for special conditions 4-2-110D 4-2-40 through 4-2-41 associated with all property development standards mentioned above. Standards for on-site 4-4-080 4-4-13 through 4-4-15 parking and driveways (portions of code that have been changed) Tree cutting and routine 4-4-130, 4-9-195 4-4-20 through 4-4-23, 4-9- vegetation management 12 through 4-9-14 (trimming, etc) Building regulations for 4-5 (Chapter 5) (not affected by proposal) upgrades to electrical, plumbing, mechanical, and fire protection systems within a structure. Definitions within Renton 4-11 (Chapter 11) 4-11-1 through 4-11-54 Municipal Code. Helpful as a reference for all subjects relating to single-family zones. SPECIAL CONDITIONS WITHIN ZONE Properties that contain 4-3-050 (Not affected by proposal) steep slopes, wetlands, flood plains, aquifer protection zones, seismic hazard zones, coal mine hazards, and/or critical wildlife habitat. R-8 zone.doc 1 02/05/2002 440 RESIDENTIAL-8 (R-8)ZONE SECTION OF CODE PAGE REFERENCE ON SUBJECT WHERE INFORMATION CHANGES-ACCEPTED CAN BE FOUND HANDOUT Property located near 4-3-090, 4-9-190 (not affected by proposal) shorelines (particularly Lake Washington, Cedar River, May Creek, Springbrook Creek, or Black River). Hobby Kennel requirements 4-4-010G, 4-8-080G-H, 4-9- 4-4-6, 4-8-7 through 4-8-8, for residents who want to 100 4-9-11 through 4-9-12 keep more than 3 dogs and/or cats older than 4 months of age. Standards for construction 4-4-030C 4-4-8 through 4-4-10 within residential areas, including hours of operation and other construction impacts on neighbors. Home-based businesses 4-9-090 (not affected by proposal) (home occupations) and their requirements. Special permits allowing 4-9-230 (not affected by proposal) garages on steep slopes to be located within front or side yard setbacks. Permit processes and 4-8 4-8-1 through 4-8-9 types, general submittal (portions affected by requirements, and appeals. proposal) Who has authority to review a permit. Specific permit 4-9 4-9-1 through 4-9-19 requirements for uses (portions affected by requiring an administrative proposal) or hearing examiner conditional use, environmental review procedures, home occupations, hobby kennel licenses, nonconforming uses/structures, occupancy permits, routine vegetation management, shoreline permits, site plan review, temporary use permits, and variances R-8 zone.doc 2 02/05/2002 RESIDENTIAL-8(R-8) ZONE USES: TYPE: AGRICULTURE AND NATURAL RESOURCES Natural resource extraction/recovery H ANIMALS & RELATED USES Animal husbandry(20 or fewer small animals per acre) P#51 Animal husbandry (4 or fewer medium animals per acre) P#51 Animal husbandry(maximum of 1 large animal per acre) P#51 Greater number of animals than allowed above H#36 Beekeeping P#35 Kennels,hobby AC#37 Pets, common household, up to 3 per dwelling unit or business AC establishment RESIDENTIAL Detached dwelling P#19 Flats or townhouses,no greater than 2 units total per building (existing legal) Manufactured Homes Manufactured homes, designated P#19 OTHER RESIDENTIAL,LODGING AND HOME OCCUPATIONS Adult family home P USES: TYPE: Group homes II for 6 or less P Group homes II for 7 or more H Home occupations AC#6 SCHOOLS K-12 educational institution(public or private) H#9 K-12 educational institution(public or private), existing P#9 PARKS Parks,neighborhood P Parks,regional/community,existing P Parks,regional/community,new AD OTHER COMMUNITY &PUBLIC FACILITIES Community Facilities Cemetery H Religious institutions H Service and social organizations H Public Facilities City government offices AD City government facilities H Other government offices and facilities H RETAIL Eating and drinking establishments P#1 R-8 zone.doc 3 02/05/2002 , f 14401 *if RESIDENTIAL-8 (R-8) ZONE USES: TYPE: Horticultural nurseries H ENTERTAINMENT AND RECREATION Entertainment Cultural facilities H Recreation Golf courses(existing) P Golf courses(new) H SERVICES Services, General Bed and breakfast house,accessory AD Day Care Services Adult day care I AC Adult day care II H Day care centers H#25 Family day care AC Healthcare Services Medical institutions H UTILITIES Communications broadcast and relay towers H Utilities, small P Utilities,medium AD Utilities,large H WIRELESS COMMUNICATION FACILITIES Macro facility antennas AD#46 Micro facility antennas P Mini facility antennas P#44 Minor modifications to existing wireless communication facilities P#49 Monopole I support structures H#45 GENERAL ACCESSORY USES Accessory uses per RMC 4-2-050 and as defined in RMC 4-11,where AC not otherwise listed in the Use Table TEMPORARY USE Model homes in an approved residential development: one model P#10 home on an existing lot Sales/marketing trailers, onsite P#10 Temporary or manufactured buildings used for construction P#10 Temporary uses P#53 R-8 zone.doc 4 02/05/2002 ACCESSORY USE INTERPRETATION OPTIONS For Planning & Development Committee Discussion: February 7,2002 The issue of interpretation of accessory uses is a complex one. The definition of accessory use, as proposed is: ACCESSORY USES: Uses customarily incidental and subordinate to the principal use and typically located upon the same lot occupied by the principal use. Some accessory uses are specifically listed,particularly where a use is only allowed in an accessory form,whereas other accessory uses are determined by the Development Services Division on a case by case basis per RMC 4-2-050C.4 and C.6,Accessory Use interpretations and Unclassified Uses. In reviewing Accessory Use interpretations resulting from December's Committee of the Whole discussion, staff found that the interpretation section(RMC 4-2-050C.4.a.1.) for Accessory Uses can be interpreted in several different ways. Staff wants to ensure that this proposal reflects the Council's policy direction. Therefore,this paper attempts to clearly outline some different options for interpretation of Accessory Uses. OPTION#1 Accessory form of a Use determined to be permitted outright or needing a conditional use based upon adverse community impacts or intensity of the proposed Accessory Use. This method of interpreting Accessory Uses relies upon Development Services Division to interpret when an Accessory Use becomes intense enough to require extra review. An example of how this works is the following two scenarios outlined below for a glass art gallery in the Center Downtown (CD)zone. In the two examples,the glass art gallery contains a primary use of a gallery area where glass art is displayed for sale(retail sales), and an accessory use area where glass art is created(light manufacturing and fabrication)is being added: a. Example 1: In this example,the accessory glass art production area is being added to allow the gallery owner to produce his creations on-site instead of hauling them in from an off-site production facility. The expansion does not result in more employees or additional traffic. The owner spends more time at the gallery and stores raw materials as well as finished products in the gallery store room. However, there are no external impacts to the neighborhood. This expansion would be treated as permitted outright due to its small impact, even though light manufacturing and fabrication uses would require a hearing examiner conditional use. b. Example 2: The glass art production area is being expanded significantly in order to provide additional ovens and space for additional artists. The expansion is significant enough to employ additional artists and apprentices in the production of glass art, increasing traffic trips and allowing the facility to send its art pieces to other galleries. This expansion would be considered an expansion of intensity and added impacts upon the neighborhood. Therefore,the proposed expansion would go through a Hearing Examiner Conditional Use process as though the accessory glass production facility was a primary use. 1 02/06/2002 `'fir✓ `' I OPTION#2 Accessory form of a Use follows the same permit type as the primary form of the Use within a zone. Under this form of interpretation, a Use may exist as a principal use(i.e., any glass- blowing production facility)or as an accessory(i.e., a glass-blowing facility within a glass art gallery). If the glass-blowing facility(defined as light manufacturing and fabrication in the use table)is permitted through a hearing examiner conditional use, as it is in the Center Downtown (CD)zone,then the accessory form is also permitted through a hearing examiner conditional use permit. Therefore, if a glass art gallery were to add a glass-blowing facility within the CD zone, that would be treated as a Hearing Examiner Conditional Use(H)even though the art gallery itself(defined as retail sales in the use table)would be permitted outright(P)in that zone. OPTION#3 Accessory form of a Use follows the same permit type as the primary use it is associated with within a zone. Under this form of interpretation,uses exist in principal and accessory forms (as in#1 above). Using the same example as above,the glass-blowing facility would be permitted through a Hearing Examiner Conditional Use(H)in the CD zone as a primary use. However, if an art gallery was to add a glass-blowing facility, even though it is an accessory to the art gallery use,it would permitted outright(P)because the art gallery itself is permitted outright. None of these options affect the remaining portions of the attached Accessory Use Interpretation section shown on the following page. Therefore,these options do not account for locational use note restrictions,or if the use is shown as a"blank"in the cell on the use table. Recommendation: Staff recommends that option #1 be used as the method for interpreting accessory uses. This method ensures that a reasonable review and determination is made as to the accessory use's impacts on the neighborhood and external environment. It is also the closest to the current way that Development Services makes accessory use interpretations. Options #2 and #3 are seen as too restrictive and narrowly construed. Staff will use direction that Planning & Development Committee gives it to draft code language changes to the Title IV proposal for RMC 4-2-050C.4.a. governing accessory use interpretations. 2 02/06/2002 Ifr/ c� /��a�� e62.6 TITLE IV COMMITTEE OF THE WHOLE ERRATA Definition of Dance-related uses DANCE CLUB: Any facility, restricted to adults over 21 years of age, at which dancing occurs, as a primary form of entertainment. This definition excludes adult entertainment businesses, entertainment clubs, and gaming/gambling facilities, dance halls and other establishments 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 Title V of the Renton Municipal Code and require a license to operate. This definition excludes adult entertainment businesses,dance clubs, entertainment clubs,and gaming/gambling facilities. (from RMC 5-13-1) PUBLIC DANCE: Any dance that is open to the public and which: 1)is conducted for a profit, direct or indirect; or 2)requires a monetary payment or contribution from the persons admitted. The term"public dance"does not include a banquet, party or celebration conducted for invited guests which is not open to the public. The term"public dance"does not apply to an establishment bearing a general license to serve alcoholic beverages issued by the Washington State Liquor Control Board, such as a Class H license. The term"public dance"does apply to an establishment, group or individual holding a single-event or short duration liquor license such as a banquet permit,when otherwise falling within the definition of"public dance". (Ord.4391,2- 22-93) Newly Proposed Definition of VETERINARY OFFICES/CLINICS Strike-through version VETERINARY OFFICES/CLINICS: A place where animals are given medical care and the accessory indoor boarding of animals is limited to shn-care incidental to the clinic hospital-use. Changes-accepted version VETERINARY OFFICES/CLINICS: A place where animals are given medical care and the accessory indoor boarding of animals is limited to care incidental to the clinic use. 1 01/10/2002 • *air "NNW' • :)/ z,•03 Ct T-itie - tiii(i Committee of the Whole Presentation January 7, 2002 e want to knovs. from Committee of the Whole: Arc there any niajor issues with this proposal that are del\inn too fir into ' Arc thereareas that should tic docket issues rather than part ol this os ct all anl..riLlt-nent Arc therewitch can he resoled\\ iii furt work 1 Plan11111.,',&Del C1011111C1't Committee? The environmental review of this proposal is being dc‘eloped,giving approxiniately 6 weeks prior to public, hearing Proposed The 4 Revisions to Zoning Interpretation, Use Table, Use Notes, and Related Code Amendments 1 C.ioai:,, of 1/13,,';titing, Title 4 . Create a more user-friendly zoning code Eliminate duplication in the land use tables a Clarify conflicting regulations . Resulting in reduced codification costs Intern of'Code Format Changes m Retain regulations • Remove obsolete uses i.e..Rcmo%e Coal Yard.Telegraph.etc. • Consolidate similar uses under new titles • Create more logical grouping of uses s Consolidate undefined uses under new, defined use types . Definition of uses to close gaps and eliminate overlap Cultural, Entertainment, etc. (1).-11.1 it};I!..r.0.J1) • Parks,neighborhood& Parks, mac_- regional/community,existing: ,' —allo‘Ned in RMMH zone " iii ® Parks,regional.'community,new: Administramc Conditional Use,as may impact neighbors(light glare,noise,trallic) 11 s Marinas added in R-1 to allow existing marina at Coulon Park Proposed Title 4 Revisions to Zoning Interpretation, Use Table, Use Notes, and Related Code Amendments 2 , Cultural, Entertainment, etc. • Recreational facilities,indoor: A '„`�..$ —Consolidation remov es a r,, former limitation of 5,000 sy ft. t%,., on anscmcnt arcades in CN zone � amusement j Ho\\e\er,CN zone general size --'` restrictions remain • Recreational facilities,outdoor: —Eliminate from CD ;„ —Restrict to EAV in CO zone (some former uses allowed outside of EAV) Cultural, Entertainment, etc. (p.7 t lv17‘ei:ie pact..,) • Retain distinction between existing and new golf courses: Allow golf courses in R-8,R\IH,and COR per purpose and intent of those zones a . Caltar°al, Entertainment, etc. (p. , l I<t 7 u!n, packed • Sports arenas,auditoriums,etc.,: —Indoor added as permitted to CA and CD zone per purpose intent —Outdoor added as conditional use in CA zone per purpose intent —Planning Commission removed EAV note on outdoor in IL zone for Renton Stadium t r I Proposed Title 4 Revisions to Zoning Interpretation, Use Table, Use Notes, and Related Code Amendments 3 • Cultural, IErrt=:,tr.ari;u.mf, etc. fr- I1.i tis ,}_t) • Split categories of"dance hall"and"dance club"to distinguish under-age dance facilities vs.2l-and-over clubs Dance hall references licensing restrictions for underage dance facilities —Treats both categories the same in all zones —Remov e allo‘sunce of"dance-ty pe facilities in ., 'CN zone because of past issues vv ith dance 4 , IV— r clubs in that tone Cultural, Entertainment, etc. (p.7 t t y 17 n hit:pacL.t) • Gaming/gambling facilities,not-for-profit: —Further restricts these operations in the 1\1 zone to only the Employment:area\'alley avv ay from 1-405 frontage i 0441frid Office and Conference (p.+Jim-t,.'.it, pacl.a) • Conference Centers: Previously only allowed as accessory in CD& CDR -Added as Permitted uses in CO ii Medical and dental offices: -Defined as distinct from n Rena al offices _ �l ' Added to CS and CD zones L' r .y' Proposed Title 4 Revisions to Zoning Interpretation, Use Table, Use Notes, and Related Code Amendments 4 Office and Conference 1s 9 • Offices,general: Consolidation of prev ious office categories -Note Hli in Industrial zones Imtits offices to administram e headquarters outside of EAV Office and Conference (is.9 11.v17 e,znt3p:.Kat) • Veterinary offices,'clinics: -Defined to include indoor kennels only Made ADCL''P in CN zone same as medical'dental offices tOe -Added to COR tone %•4 SCI V CeS p.1))11,17 • Bed&Breakfast Planning Commission recommendation: -break up into tit o nc\o ly defined categories based upon size of establishment Removal of limitation of4 rooms per establishment(professional) 11 • Other features of Bed& Breakfast: Adds to CC tone through conditional use -Eliminates from COR zone Proposed Title 4 Revisions to Zoning Interpretation, Use Table, Use Notes, and Related Code Amendments 5 ices (P 'r,Lf' 1':rk,a) • Made Hotel permitted in CS zone,instead of ADCUP since Motel is permitted • Crcate a new use category for off-site services(i.e.,Janitorial services, temporary!allot contractors) °cam eht'ices (�. 1!)11x1?whit,packLt) • On-Site services: ° —consolidation of a number of repair and personal service-type uses Propose limiting these uses to EAV in Industrial zones Propose eliminating specific list of uses allowed in COR and creating similar to Retail Specific list of on-site den ices retained in CC and CV/ones Services )1; .;J .:h.r!.aU • "Vehicle rental,small"is treated the same as"Vehicle sales,small"in It tone: removes a former restriction to EAV • "Vehicle and equipment rental, large Consolidates sev eta'specifie types of large vehicle Limits to EAV outside of 1-405 frontage Proposed Title 4 Revisions to Zoning Interpretation, Use Table, Use Notes, and Related Code Amendments 6 vrr+ "ar✓ A Family Day Core: Make definition more consistent kith State definition Make accessory use by definition and treat as such in all zones(formerly"Permitted"in sonic zones) ® Day Care Center Make these facilities permitted if accessory to a public or quasi-public use in residential zones. including church SCPt'1 ces tP-tolk17vvhitep ,� , Adult Day Care Adds ordinance change to this use in the I\1 Vehicle-Related Actit'ities Body Shop , —Staff recommended requiring • operations to be conducted entirely • indoors in IL zone Planning Commission extended to Iy1 and IH zones V'elricic-Related Activitles 1211v I'm .hiteiaci ti 3 ® Car Washes: Remo e from CO and COR zones Treat as accessory to parking establishments in CD.CO.and COR zones ° Express Transportation Services: \oxly defined as use;mole ing car go and sorting —Remo s ed from CD zone and added to CA through conditional use Proposed Title 4 Revisions to Zoning Interpretation, Use Table, Use Notes, and Related Code Amendments 7 vrr✓ I �l11Clc' /?Ci act]Actty hies • Industrial engine or transmission rebuild: Staff proposed limitin to indoor operations in IL zone Plannin_Commission extended limitation to I\1 and III/ones - Parl:in�e structured,commercial or public: Less restrictive in Industrial zones and CO �1oved from conditional use to permitted Eliminate restriction to E AV in Industrial zones Pre hick-ReIuteri Activities (). 1-2 tt. • Taxi Stand: Ne\‘ly defined limn Based on new definition,eliminate from IL and I41/ones,add to CO lone 1 • Tow truck'auto impound: —Eliminates in I\1 area along 1-405 frontage • "Vehicle service and repair, large"made more restrictive in IL V Vehicle-Related Activities 12 I I y 17 hacl.al • Airport,and airport-related uses treatedasi per recent rcemeht • Hazardous material storage _ eliminated from CD • Remove outdoor storage a � a, from CO as permitted use �� �, ` Proposed Title 4 Revisions to Zoning Interpretation, Use Table, Use Notes, and Related Code Amendments 8 St0 g e ® Vehicle Storage Allow Od and defined per recent ordinance `"": hi(h.IS ti ICI#t 0 Assembly and or Packaging Operations Change front accessory to permitted in Industrial zones-Change from permitted to accessory in CA. CD,CO,and COR Industrial (p.15 11x17 ntihtta p.:cketi • Commercial laundries: ggam, Distinguish bemeen existing and new Add tolH Include restriction in CD for existing to proem further expansion • \lanufaeturing and Fabrication, Light: —Consolidates sev oral former categories that formerly treated in IL and some IM zones —Allows some broader categories in CD and CO (by HECUP) Itiilu trial (p.tJ 11Y1'lits: • Manufacturing and Fabrication,Medium: Consolidation of sc%eral uses that tended to be allowed in 111 Removed use front IL,CD.and CO m Waste recycling and transfer facilities: Added as permitted use in IH to accommodate Stoncway mom e S 8- Proposed Title 4 Revisions to Zoning Interpretation, Use Table, Use Notes, and Related Code Amendments 9 incltrstrial p. • Recycling collection and processing center: Planning Commission recommended!nutting to C A ut E aV due to impacts on neighboring residential areas RUnoA ed from CD and CO/ones per purpose intent • Recycling collection station: —Consolidates temporary and permanent stations Treated as accessory in residential zones and permitted in commercial'industrial 1'trl)lic Facilities (p. 1- 11v17tchitep%.1..0 • K-12 educational institution: —Remo yed floor RC A '= • Trade or vocational school U1$,:10/6:d Consolidation of several trade `j�� 00 or vocational type school categories" Permit in IL to allow Renton Technical College • City government offices ;pow category for city offices treated same as former uovernmcnt office facilities category Planning Commission removed from RC U/i/li.✓C s' , • Electrical power generation and cogeneration: —Acwly defined and moscd from a fanner accessory eateLtory Treated through!caring Examiner in Industrial and Commercial zones,except when 100' from residential&limited in site • Mini-and Macro-facility antennas: Eliminate minimum 1-acre requirement in favor of regulating through setbacks Proposed Title 4 Revisions to Zoning Interpretation, Use Table, Use Notes, and Related Code Amendments 10 ]' y c UN Model homes in an approved residential de%eiopment: .Allo\tcd in all/ones xchere consistent a ith construction permit Temporary use needed for multiple model homes on a plat not yet approved a Sales marketing trailers —Treated the same as temporary buildings Proposed L)cvclo ment ;St i dard Aiiieirtlriici1ts Summary off)/()p osc d' cvcftipiidcii .S miu aI'(d Changes Chances made to: • clarify existing requirements eliminate inconsistencies • improve ritten text • consolidate subiect matters Where sienitteant police issue exists, the issue W.as placed on the docket for future Ex. Whether clear v ision area applies to alleys,prig ate roads,etc. Proposed Title 4 Revisions to Zoning Interpretation, Use Table, Use Notes, and Related Code Amendments 11 Detail o/ PI'opro`.'se' t o :S{E.u! as d Legal Lots: "Pre-Existing Legal Lot"' provisions modified to address iniiastructure requirementsðical area regulations it t p,: 4.2 2, tt R-1 Zone-Construction on Lange Lots: Remove vA hich appears to require shadow platting despite the fact that minimum density does not apply:in R-I /one(ltlro 4'l)i( :'v-'-9ni • R-5 Zone Lot Dimensions: Recommend single set of minimum standards for lot width lot depth rear card 1,'wr prtg + _ .55) • Residential Zones- Detached Accessory Structures: Amend allo ances for animal husband'v agricultural buildings based on Use Table allowances (relluu prig('1- -91) • Mobile Home Park Access: Remove major and secondary road access requirement li.=Moir prr;c 4-2-1 D0, Suitable locations for Ntanufactured Home Parks are determined through rezone process • Single Family and R-10 Modification Process for Front Setback Remo modification process for front setback along existing streets as front yard averaging is alloNred t 11'ro 4-_-I131 Proposed Title 4 Revisions to Zoning Interpretation, Use Table, Use Notes, and Related Code Amendments 12 • R-14 Zone-Setbacks: Remote alien ance for detached or semi- attached Jo ellin-s oo ith parking accessed from front or side to he set hack 15 feet instead of standard IS feet Duplicatiie and conflicting setbacks are amended R-14 Zone-Commercial Occupancy Permit Remove requirement that 75? of residential portion must be occupied prior to occupancy pennit for commercial portions being issued (cclloir page-1-2-11 it • R\l-U Setback Landscaping allow hardscape as part of the o‘erall landscaping requirement similar to CD zone dior paec 4-2-120 ce 4-2-133) • CC Zone-Office Uses: Allow office uses to eNceed the 3,000 sq. ft. limitation through a conditional use pennit(no greater than 5.000 sq. ft.) (ra/Lu pm -1-2-I36; Commercial Zone Heights abutting Multi- Family Zones: Commercial zone heights are intended to be loik.cr ov hen abutting residential zones Since some commercial zones hav e heights similar to residential zones.the manner in vo hich this section is currently 1v ritten alto s commercial de t elopment greater height rather than l000er height oohen abutting some residential zones Proposed Title 4 Revisions to Zoning Interpretation, Use Table, Use Notes, and Related Code Amendments 13 Commercial Zone Heights- P-Suffix l-lciuht in the CD,CO,CUR Zones Maintain P-Sulhix height allowances in all zones cycept CD,CO and COR vncere. substantial heights(95-250 ft.)are already al losv cd 1' _.4 :4 2-147.@ I-2-1 55) CUR Zone Standards Replace"N.a"vo ith"To he determined through Site Plan Rev ie\C to give customer a better idea that ultimate setback or other requirement may be more than/CFO O.>Ilou paLfs 4 2-141 i/4o:,0 4 2-1491 Clear Vision;1rea: Make requirement for clear'.ision area more prominent by adding a line to each Table referencing definition in RMC4-11 E.yception is CD zone where zero setbacks are allowed in some cases to promote and retain pedestrian-oriented,urban character -Docket item is to research uhcther clear vision area should be applied to driv cu s.alleys and:'or ptitate streets Screening Requirements 11osc certain screening requirements from Development Standards Table to proposed RMC4-4-o')i. Requirements are generally as listed in table format v+ith the loliovi inp eyeeptions SCrecnin_rcq,iiremcnt;,ih0;to all rnu!ti-I,unilc zun,:s,not iu>r R-14 Shccial;Cr2enin,rcyuircnIcnt. Connn�iial or Industrial 7on"abut tin resid:nGal cone(including ItC and I:0I runes) Q c1in.r pa;'1-4-19i Proposed Title 4 Revisions to Zoning Interpretation, Use Table, Use Notes, and Related Code Amendments 14 Refuse and Ree. elin2 Standards: \-lose 50'sethacklocation requirement(near sing le familti zones)foot Commercial lndustnal Tahlcs to the Rcfusc and Recycling reculations in R\IC 4-4-U90 \s amended.this proposal makes U.sethaci: rcyuirentent applicahl;.to all Conunerciul Indusniai zones Propose applyin 4 g>arhaac and recr�cling standards to the III zone lr�r„,rp, „M'1 r Density Bonus Revietr: R-14 and COR-1 and COR-2 density bonus allowances are nosed and consolidated to a new,section of code at R\IC 9-065 Clarifies the decision process for appros al of density bonuses-indicating that generally Density Bogus Rey ien‘occurs vv ith rev ieo of Primacy application authorizing approval of de\clopntent No chances to density bonus criteria or bonus levels (R:I/nor P. 4 9-/I • Height and Size Variability-Commercial and Industrial Zones: Use Table section of Miscellaneous Uses. indicating permit types for changes in height. bulk.and building size,is moted to Development Standards Tables instead.and reconciled cohere there are diffcr;nccs Staff proposal essentially retain.current permit process except for resolsing conflicts Docket: standardizin r resiewe procedures Proposed Title 4 Revisions to Zoning Interpretation, Use Table, Use Notes, and Related Code Amendments 15 1 dditional Proposed 111?e11Clllle1lt9 to Title 4 .?;iIC,1-3: Environmental Regulations & Overlay Districts • Move Suburban& Neighborhood Center Residential Bonus District section to 4-3- 095 to put in alphabetical order (stunnt}L'flu /}G' -1-3-)) R?t-IC, 4-4: C"iti•-if idc 'roper t)' Development Standards • RMC 4-4-010 (r�llo,i pc,e 4-4-)tin .;11 4-a- —Standardize language and prosisions in section consistent oo ith use table and new use definitions Hoke ooild a dan_erous animals to Title 6 —Add beekeeping regulations • R1 1C 4-4-030 4 4-12) Move prohibition of travel trailer habitation front Use Table to this Code section Proposed Title 4 Revisions to Zoning Interpretation, Use Table, Use Notes, and Related Code Amendments 16 r..r RMC 4-4-060 Grading, Excavation& Mining 11 P,01,pog.4-4-121 -Add cross-reference to permitting process for clarity RMC 4-4-070 Landscaping (� "A,pag-s 4-4-13 rlirr>:, Ir 1-4-141 Make Green Rig er Valley Landscaping language consistent w i th Deg elopment Standards Table Modify"Failure to Alaintain Landscaping" section to reflect existing practices • RMC 4-4-080 Parking, Loading& Driveway Orllon paves 4-4-1,S.4-4-16) I\4ove parking requirements from Dev elopment Standards Table to Parking Use Table Add section of code requiring v ehicle queuing spaces on-site for di ix e-through uses • RMC 4-4-100 Sign Regulations O Ilion pages 4-4-20&-1-4-2 1) N1oxe sign regulations from Use Table to Sign regulations • RMC 4-4-130 Tree Cutting and Land Clearing (rellon page°4-4-25&4-9-/-') —Nlo‘e Routine Vegetation Management Permit Rey iew Process to Chapter 9 • New RMC 4-4-150: Violations (r,.imt pa; 4-4-21/ - Code section formerly codified under\\ireless Communications subsection ooas meant to apply to all of Chapter 4 Proposed Title 4 Revisions to Zoning Interpretation, Use Table, Use Notes, and Related Code Amendments 17 ., R IC' -1-7." \Iov c concept of requiring SCvv crs in the R-5 zone from the purpose statement of the zone to Subdivision reuulations Ivellow page 4-7-J/ • I??1V[ -1-8: Permits - General and Appeals • 4-8-070 Authority and Responsibilities (r2(lou throsgfz 4-8-(� Move roles and responsibilities section from R`IC 4-1 to this section to consolidate • 4-8-080,4-8-110 (rellou pages 4-8-7 flu ooi;h 4-8-8) Add Hobby Kennel to Land Use Permit Procedures,Recicw Processes and Appeal sections RiMMC 4-9: Permits - Specific • 4-9-065: Density Bonus Review (rc(ioir pa.;cs 4-9-7 t i'ooeh -9-11) Mlovc from Development Standards Tables Notes. Procedures codify basic pracnce of re ic'v no density bonus ss ith primary permit for a development • 4-9-100: Hobby Kennel License Process e/Io�rp{c• 1-'J-II I'll 1 9-I2) —Codify notification and comment process similar to Home Occupation process Clarify aspects of Hobby Kennel License Proposed Title 4 Revisions to Zoning Interpretation, Use Table, Use Notes, and Related Code Amendments 18 • 4-9-200: Site Plan Review 0 c'llun'nag.s 4-9-14 rlr:'o?,;,;4-9-1.-1 Modify Site Plan Recievv applicability in light of removing Secondary Uses Add certain types of uses N%hich require Site Plan Res iew in notes Modify common exemptions Consolidate R-10 and R-14 conditions for Site Plan Re%iess • 4-9-240: Temporary Use Permits (,ellou pages 4-9-240 through 4-9-19) Add language for exemptions in Temporary Use category to reflect proposed Use Table changes to allow for common temporary uses Mo%e some uses from Use Table to Temporary Use Pennit regulations and implement administrati%c determination on Model homes Make use of common public notification process rather than specific process for Temporary Uses • 4-9-240: Temporary Use Permits lcontrnt,:il) Inllon peg 4-9-19 4-9-20) —Add special criteria for temporary manufactured home for medical hardship Clarify and standardize Expiration and Extension section Proposed Title 4 Revisions to Zoning Interpretation, Use Table, Use Notes, and Related Code Amendments 19 urr *ow vigio /L.i 1(.' -1-11: (u'iluirprr;cs 4-I1-3 ii i ur ii J-11- 1) o Remove definitions no longer used or found in Code • Remosc definitions for terms used in State laic(i.e.,SEPrA terms) • Add definitions for all undefined terms used in L se Table Add definitions for use types(accessory use,etc.) Proposed Title 4 Revisions to Zoning Interpretation, Use Table, Use Notes, 20 and Related Code Amendments TITLE IV POLICY DOCKET ITEMS DECEMBER 18, 2001 CITY OF RENTON MEMORANDUM DATE: December 18,2001 TO: Title 4 Policy Team FROM: Gil Cerise, Senior Plannef ,.. SUBJECT: Policy Team Docket Items The following is an attempt to summarize the Policy Team docket item recommendations in order to keep our Policy Team meetings moving. Lighting Standards Proposed code amendments would be consistent with many of the example regulations cited in the issue paper. In summary the recommendations are to: • Limit light trespass across property lines • Regulate residential light nuisances • Regulate building lighting to avoid lighting above a roof line • Regulate parking/display lot light standards to a height of 25 feet and require full cutoff shields • Exempt holiday lights, official government flags, right-of-way lighting, stadiums, and signage(Sign Code has some regulation of lighting and temporary grand opening lighting) • Include a modification process,provided that light trespass does not occur. CD and RM-U Zone Densities • Whether the density bonuses should be allowed for desired public benefits or whether the public benefits should be provided by the City or required of development? No changes are proposed at this time. • How should bonuses be matched to public benefits, and should this have a bearing upon the development review process selected? Add criteria specific to the density bonus request in addition to relying on the Administrative Conditional Use Permit criteria. The additional criteria would address that bonuses can be achieved in return for providing,passive public recreation opportunities,public art, and public parking, consistent with Downtown Element policies. However,since the policy primarily gives \\CENTRAL\.SYS2\DEPTS\FINANCE\ECON_DEV\New H Drive Folders\Title IV\Multiple Zone Amends\TITLE IV 2001\Docket Items\policy team docket summary.doc\cor 1 examples (and does not have a limitation)of public benefits in exchange for density, other "benefit criteria" are proposed: provision of ground floor retail space and condominium housing, high priority features that the City has established as evidenced by fee waivers for projects with ownership units,the future construction of public parking intended in part to support downtown retail, and other actions. • Whether the density level of 150 dwelling units per acre should be: 1)permitted; 2)permitted with bonuses allowed administratively subject to specific criteria, or 3) allowed subject to criteria and a discretionary permit(i.e. Administrative Conditional Use Permit)? The Technical Team recommends retaining the Administrative Conditional Use Permit process with the addition of criteria specific to the bonus request. Screening • Surface Mounted Equipment. Extend screening requirements for surface-mounted equipment to all zones. Add an exemption for surface-mounted equipment in industrial zones that are located more than 100 feet from residentially zoned properties or public streets. Standards are proposed to define what"screened"means. • Rooftop Equipment. Require screening of rooftop equipment in all zones, including single- family, since nonresidential uses are allowed in residential zones(e.g.,churches, etc.)and since screening from public view and residential areas is desirable. Differences in screening requirements for new construction and retrofitting existing roof structures are suggested. • Outdoor,Loading,Repair,Maintenance and Work Areas. It is recommended that the screening requirements be extended to all Commercial and Industrial Zones including CD and IH. The requirements only apply when the properties abut or lie adjacent to residential zones; there is flexibility in the requirements that may be imposed by the Reviewing Official; and variation of the requirements is possible through Site Plan Review or modification. • Thresholds for Compliance: New or replacement equipment/outdoor activities would be required to meet standards. The Renton Parking threshold and the North Bend/Issaquah thresholds are presented as options to address when screening requirements need to be met in the case of existing equipment/outdoor activities. R-10 Dwelling Unit Mix and Short Plats • Exempt 4-lot short plats from dwelling mix requirements of the R-10 zone instead of 9-lot short plats. Green River Valley Landscaping • The Technical Team recommends codifying the administrative determination now. The proposal itself calls for allowing drainage swales planted with vegetation suitable for habitat and not sloped or fenced to inhibit their use by wildlife to count towards the 2% additional landscape requirement within the Green River Planning Area. \\CENTRAL\SYS2\DEPTS\FINANCE\ECON_DEV\New H Drive Folders\Title IV\Multiple Zone Amends\TITLE IV 2001\Docket Items\policy team docket summary.doc\cor 2 Consistency of Residential Zone Lists to Apply Stricter Development Standards The basic recommendation is as follows: • Include the RC zone and the full range of RM zones as zones receiving special standards from adjacent/abutting zones, except: - Do not add RM-U to the list of zones that benefit from special standards when adjacent to the CD zone. If the RM-U zone is already listed,then retain. - Do not add the RC zone to the list of zones that benefit from greater yards or landscaping when abutting the CO, IL, 1M, or IH zones, since in most cases, the RC zone is separated by steep topography from these zones, consists of a wetland bank, and/or is publicly owned. Therefore future development is unlikely, and if it occurs, can be addressed through site plan review. However, the RC zone is added to the list of zones that trigger screening of outdoor storage/maintenance and work areas since there may be public use of the natural areas for education or conservation. These areas should be screened from public view. • Where appropriate, clarify that the special setback or landscaping requirements are applied to the portion of the lot that is adjacent or abutting, and not to all sides/portions of the lot. • As a future docket item, address special height requirements and whether the special height standards should apply to the whole lot or just the portion abutting/adjacent. To date, it has generally been interpreted that the special height standards apply to the whole lot. This may be an issue for larger developments. Nonconforming Uses • Rename the "Conditional Approval Permit" to "Rebuild Approval Permit" to avoid confusion with the more common Conditional Use Permit. • Allow single family residences destroyed by fire to be restored even if they became nonconforming prior to 1993: Proposed amendments move the applicable provisions from the Rebuild Approval Permit regulations in Chapter 4-9 to Chapter 4-10 to provide broader applicability. • Restore the prohibition against expansion of non-conforming uses inadvertently removed from Renton's Code several years ago: The prohibition against expanding is restored. Additional language is added to"qualify"what is meant by no expansion or extension. - The use cannot be extended or enlarged or transferred to occupy additional land area on the same or any other lot or parcel. • ` '_ Provided a use is not intensified or production levels are not increased, a nonconforming use housed in part of a single-tenant building may be extended throughout the building, but the building cannot not be enlarged or added to. \\CENTRAL\SYS2\DEPTS\FINANCE\ECON_DEV\New H Drive Folders\Title IV\Multiple Zone Amends\TITLE IV 2001\Docket Items\policy team docket summary.doc\cor 3 ANEW - A nonconforming use in a multi-tenant building cannot be expanded into space vacated by other tenants. - No additional building,whether temporary or permanent, can be erected upon a property with a nonconforming use for purposes of expanding a nonconforming use. Additional development must be associated with conforming uses. • In addition to addressing expansion, address a related issue of use alterations: Alterations to a legal nonconforming use are only permitted when they do not expand or enlarge a use consistent with the above provisions, do not increase production levels, and do not intensify the nonconforming activity.The modification cannot increase the nonconformance of the use, nor create a new type of nonconformance. Improvements to a building housing a nonconforming use cannot be improved above 50% of assessed value unless a Rebuild Approval Permit is issued. • Restore the 50% damage threshold for nonconforming uses: The language allowing nonconforming uses to be restored if they are damaged by less than 50% of the appraised value is clarified. • Implement the interpretation that expansion of legal non-conforming use with a modular structure is not permissible (e.g. Diamond Lil's interpretation): Language is added to clarify that no additional building,whether temporary or permanent, can be erected upon a property with a nonconforming use for purposes of expanding a nonconforming use. • Address what kind of structure should be allowed on a preexisting legal lot in the R-14 zone: In the single family zones, the only allowed residential structure on a nonconforming lot is a single family dwelling, but in the RM zone a duplex is allowed. What type of structure should be allowed in a zone that is intended to promote townhouse and small-scale multi- family? The proposal limits the residential use to a single family dwelling since the zone elsewhere indicates only one residential structure is allowed per lot. If more than one lot cannot be created,it is unlikely that density limits can be met. Effective Date of Regulations Based on the potential changes in benefits, the likely development levels between 1993 and 1995 in R-8 versus R-10 and R-14 zones, and balancing the need for ease of interpretation, the following recommendations are made: • For the R-10 dwelling mix exemption for lots maximum of 1/2 acre in size, change the effective date from March 13, 1995 to March 1, 1995 to standardize. This is based on the discussion with Staff that they do not recall subdivisions in the R-10 zone between 1993 and 1995. If after staff completes it research, some 1/2 acre lots were created between March 1 and March 13, 1995, do not implement this recommendation. • For minimum lot sizes/widths/depths, insert the effective date of the Interim Zoning Ordinance - July 11, 1993, as this Ordinance largely set up the zoning system of the current Code. Although different than the March 1, 1995 date for several of the identified effective dates, it is more permissive, and based on the original zoning framework. Inserting an effective date, even if different will assist in code interpretation. \\CENTRAL\SYS2\DEPTS\FINANCE\ECON_DEV\New H Drive Folders\Title IV\Multiple Zone Amends\TITLE IV 2001\Docket Items\policy team docket summary.doc\cor 4 • • Change the street setback threshold date from September 1, 1995 to March 1, 1995. This standardizes the date with many of the effective dates in the Development Standards Tables, is not too different than the current date,and applies the lesser setbacks to more streets. • Maintain different R-14 zone dates since these are based on specific vested developments. Setbacks • Arterial/Freeway Setbacks: - Eliminate the requirement for an Arterial/Freeway setback in the Single Family, Multifamily, and Mobile Home Park zones. Most front and street side setbacks in these zones exceed 10 feet, particularly Single Family Zones, and in the case of the Multifamily or Mobile Home Parks, setbacks could be addressed through Site Plan Review and Manufactured Home Park review processes. - Require a Freeway Frontage Setback in the Commercial zones of 10 feet from the property line, and eliminate complicated language of 20 feet from the back of the sidewalk. Special landscaping would continue to be required along all streets, including arterials,but can be reduced through Site Plan Review procedures in most zones. - In the Industrial Zones, make the Arterial setback standard consistent with Minimum Arterial Landscape Width, and amend the Arterial/Freeway Frontage setback to be a Freeway setback only, at a minimum of 10 feet, eliminating complicated language of 20 feet from the back of the sidewalk. - Where still incorporated in the Industrial Zones, the Arterial setback should be required from Principal Arterials only,which be consistent with a Development Services Division Code Interpretation that it is only required along Primary Arterials. Where the Principal Arterial setbacks are still applied(Industrial Zones), continue to exempt Central Business District streets. • Front Yard vs. Street Side Yard: The definition of Front Yard is that it is the yard that separates the main structure from public rights-of-way which means that a Front Yard Setback should apply to both street frontages of a corner lot, unless specified otherwise. In the Residential Zone, a difference is noted between a Front Yard and a Side Yard along a Street. In the Commercial Zones,the Maximum Front Yard applies to the "primary" street as determined by the Reviewing Official. - General measurement of yards is clarified to state that measurement is from the lot line perpendicular to the outside wall of the building, or to the posts in the case of a structure without an outer wall(e.g. carport). - The definition of Front Yard should be amended to indicate that in the case of a corner lot,the setback from the Primary Street is considered the Front Yard. A Primary Street is considered to be a street where the primary face of the building is oriented, and where the primary building entrance is located. - A definition of a Side Yard along a Street should be added and defined as the setback required from the Secondary Street. The Secondary Street is one to which the building \\CENTRAL\SYS2\DEPTS\FINANCE\ECON_DEV\New H Drive Folders\Title IV\Multiple Zone Amends\TITLE IV 2001\Docket Items\policy team docket summary.doc\cor 5 does not principally orient itself, although additional entrances may be located on that side of the building. All zones now have a line to indicate the side yard along a street, and match the requirements in effect today(considering current definitions and notes). - The note applied to the CC, CN, CS, and CA zones clarifying the required maximum setback for a Primary versus Secondary Street should be eliminated with the revised yard definitions and the addition of a"Side Yard Along a Street" category. • Intrusions into Setbacks: Remove the word"porch" from the list of structural items that can intrude into setbacks, since by definition, a porch would have a protective covering. Uncovered stairs and decks suffice to convey the intent of the code. Make R-14 intrusions (eaves and decks) similar to R-10 and R-14 for ease of interpretation - this would result in a more permissive front deck allowances and a more restrictive eave intrusion allowance. • Measurement: A note is added to setback standards in the R-10 and R-14 zones to ensure "shadow lots"have setbacks measured the same as conventional subdivisions. This allows the differentiation between public and private streets in the R-10 zone to be eliminated. • R-5 and R-8 street side yard setback: Increase the Side Yard Setback Along a Street to 20 feet when there is a side access garage to avoid cars extending over sidewalks. This is consistent with the R-10 zone, and similar to the R-14 zone. • R-5 Zone Streets Created Before 1995: For the front yard setback, eliminate the distinction between streets created before or after 1995, but to address infill situations, retain ability to use average of abutting front yards. • R-8 Alley Setbacks: In the R-8 zone, front yard setbacks are reduced when alley access is provided for parking. The proposed amendments remove the requirement that the street/alley be public to recognize the Liberty Ridge interpretation where reduced setbacks were allowed from Private "alley-like" features. Title 4 Development Regulation Amendment Process Develop a minimal annual Development Regulation Amendment process modeled on the Comprehensive Plan Amendment process to allow some flexibility in how to process and amend the development regulations. Creates an exemption section which still allows development regulation amendments outside of the annual process outlined in this new code section. Parking Use Table Amendments Recommendation: Suggested amendments include: • Making land uses,where applicable, consistent with the new land use categories in the Zoning Use Table in Chapter 2. • Moving the"mixed-use occupancies"and"uses not specifically identified"sections to the top of the table for ease of use. • Making language and formulas as consistent as possible in the table. \\CENTRAL\SYS2\DEPTS\FINANCE\ECON_DEV\New H Drive Folders\Title IV\Multiple Zone Amends\TITLE IV 2001\Docket Items\policy team docket summary.doc\cor 6 • Moving information on tandem parking requirements out of the"Parking Spaces Required Based on Land Use"table and locating them in RMC 4-4-O8OF8, "Parking Stall Types, Sizes, and Percentage Allowed/Required." • Removal of optional recreational vehicle parking language as unnecessary. • Consolidation of shopping center requirements vs.non-shopping center requirements. cc: Rebecca Lind Jennifer Henning Laureen Nicolay Lisa Grueter \\CENTRAL\SYS2\DEPTS\FINANCE\ECON_DEV\New H Drive Folders\Title IV\Multiple Zone Amends\TITLE IV 2001\Docket Items\policy team docket summary.doc\cor 7 Title IV Policy Docket Items Table of Contents 1. Cluster Subdivisions 2. Title 4, Chapter 4,Lighting Standards 3. Title 4, Chapter 2,CD and RM-U Zone Densities 4. Title 4,Chapter 2, Screening 5. Title 4, Chapter 2,R-10 Dwelling Unit Mix and Short Plats 6. Title 4, Chapters 2 and 4, Green River Valley Landscaping 7. Consistency of Residential Zone Lists to Apply Stricter Development Standards 8. Title 4,Chapter 10,Nonconforming Uses 9. Title 4, Chapter 2,Effective Date of Regulations 10. Title 4, Chapter 2, Setbacks 11. Title 4 Development Regulation Amendment Process 12. RMC 4-4-080 Amendments: Parking Requirements Table DOCKET ITEM TITLE 4, CHAPTER 2 CLUSTER SUBDIVISIONS DESCRIPTION/PURPOSE The Renton Municipal Code contains a complex and outdated Planned Unit Development ordinance, which is a typical vehicle to encourage flexible development regulations and achieve development that provides significant common open space and environmental protection. The trade off for these "improved" developments is typically a density bonus. To avoid a complicated process and achieve cluster development, the City's regulations provide for cluster standards allowable in the R-1 and R-5 zone. With these standards, developments must comply with the same maximum densities as standard developments, but may utilize smaller lot sizes to protect environmentally sensitive areas, provide more open space, and allow for efficient utility service, such as sewer. Through general code review, City staff have identified several issues that limit the usability of the cluster regulations. First, Renton's cluster regulations do not provide enough direction regarding distance between clusters. Second, the amount and quality of open space is not specified and it appears that credit is given to areas that are required to be protected already. Third, the "residential cluster" definition does not seem to match the intent of the R-1 and R-5 cluster approach, and assumes a condominium style development in which there may be individual plots, but that all open space is in common ownership. Also, some developers in Renton's Potential Annexation Area are weighing whether to apply for `"' subdivisions in King County which for a similar density has lesser standards (below the Renton cluster standards), or whether to apply in Renton which has a faster permit process time, but higher standards. In the interest of a more streamlined process for cluster development that achieves the City's desired objectives for the R-1 and R-5 zones, this Docket report addresses the R-1 and R-5 cluster requirements. A separate work program will involve a review of the City's Planned Unit Development regulations, as they may be applicable to a wider range of zones. BACKGROUND/ISSUES Benefits of"Cluster" Development Several communities have begun to redefine "cluster" developments as open space developments or conservation developments avoiding the implications that these developments lead to clumping or high density developments. Instead these redefined "cluster" developments allow the usual number of homes on a parcel of land while downsizing lots and altering the typical lot plan to gain greenways and other open space. Studies comparing clustered developments to standard conventional developments have shown that cluster developments result in lower municipal and public service costs, and the homes typically show a higher resale value as a result of the better "feel" of the subdivision. (Biver and Bohlen 1994) R-1 and R-5 Standard and Cluster Regulations The City of Renton allows cluster development in two zones with different purposes (purpose statements shown as they are proposed to be amended in the Title 4 Update): • The Residential-1 Dwelling Unit Per Acre Zone (R-1) is established to provide and protect suitable environments for suburban estate single-family residential dwellings, at a maximum density of one Docket Cluster 12-14-01.doc 1 December 14, 2001 2 dwelling unit per net acre and allow for hobby farming associated with residential use. It is further intended to protect open space and critical areas, provide separation between neighboring jurisdictions, and prohibit the development of incompatible uses that are detrimental to the residential or open space environment. No minimum density is required. • The Residential-5 Dwelling Units Per Acre Zone (R-5) is established to promote urban single-family residential neighborhoods of intermediate density, serviceable by urban utilities and containing amenity open spaces. The Residential-5 Dwelling Units Per Acre Zone (R-5) will allow a maximum net density of five (5)dwelling units per acre. No minimum density is required. The R-5 designation serves as a transition between rural designations and higher density and more intense zones. It is intended as an intermediate density residential zone; applied to Residential Single Family (RSF) areas within one-half (1/2) mile of the King County Urban Growth Area Line and to Residential Rural (RR) areas with no significant environmental constraints. Traditional or cluster development is allowed, with clustering used to create open spaces that protect critical areas as well as extend open space amenities available to the residents. The clustering of development may also be allowed to meet objectives such as the provision of sewer service. There are several key features of Renton's current cluster regulations. First the density requirements do not change regardless of the lesser lot size. •Second, the cluster developments are limited to a maximum of 6 lots in a cluster. Third, the minimum lot sizes are lower at 4,500 s.f., the minimum lot size of the R-8 zone. Fourth, in the case of the R-1 zone, the lower lot dimensional standards of the R-8 zone apply in the R-1 zone, although this same allowance is not extended to the R-5 zone. As stated previously, there are some gaps and vagueness in the regulations, including how many clusters can a development contain? Should clusters be separated? Since the City utilizes a net density system, sensitive areas are already protected - what kind of open space should the City require in exchange for v flexible lot standards? The following chart compares the standard lot and building coverage requirements and the standards that apply in the case of cluster subdivisions: RENTON STANDARD AND CLUSTER REGULATIONS REQUIREMENT R-1 CLUSTER R-1 R-5 CLUSTER R-5 STANDARD STANDARD (Title 4 Update (Title 4 Update Proposal) Proposal) Maximum Density 1 du/ac 1 du/ac 5 du/ac 5 du/ac Minimum lot size 1 ac 4,500 s.f. 7,200 s.f. 4,500 s.f. Minimum lot width 75 ft. interior 50 ft., interior 60 ft. interior Same as 85 ft. corner 60 ft., corner 70 ft. corner standard (remove 140 ft (remove for agriculture distinction lots) between lots 1 acre or less or more) Minimum lot depth 85 ft. 65 ft. 70 ft. Same as (remove 200 ft. (remove standard for agriculture distinction lots) between lots 1 acre or less or more) Docket Cluster 12-14-01.doc 2 December 14, 2001 REQUIREMENT R-1 CLUSTER R-1 R-5 CLUSTER R-5 STANDARD STANDARD (Title 4 Update (Title 4 Update Proposal) Proposal) Minimum front yard 30 ft. Streets created Street created Same as after September after 1995: 15 ft, standard 1, 1995: 15 ft, primary, 20 ft for primary, 20 ft for attached attached garages front garages front access; with access; with alley access alley access garage 10 ft for garage 10 ft for primary. primary. Street created Street existing prior to 1995, in 1995, 20 ft. average of abutting front yard; if indeterminate, no less than 20 ft. Minimum side yard along a street 20 ft. 15 ft. 15 ft. Same as standard Minimum side yard 15 ft. 5 ft. 5 ft. Same as standard Minimum rear yard 25 ft. 20 ft. 25 ft. Same as standard Maximum building coverage 35% Lots > 5,000 Lots > 5,000 Same as s.f., 35% or s.f., 35% or standard 2,500 s.f. 2,500 s.f. whichever is whichever is greater greater Lots </= 5,000 Lots </= 5,000 s.f., 50°/0 s.f., 50% Note: The Title 4 Update proposes selecting one set of standards for the R-5 zone which currently distinguishes between lots greater than 1 acre and lots less than 1 acre. It is not clear if the lots have to be 1 acre prior to or after platting. The standards selected are the higher ones that recognize the distinction between the R-5 and R-8 zone. Alternative Approaches to Cluster Development What is Clustering? The definition of clustering indicates indirectly a jurisdiction's goals for cluster regulations: • American Planning Association, Planning Advisory Service Report 491/492, A Glossary of Zoning, Development and Planning Terms: - Cluster Development: A development design technique that concentrates buildings in specific areas on a site to allow remaining land to be used for recreation, common open space, or the preservation of historically or environmentally sensitive areas features. (Omaha, Nebraska) - Cluster Development: A residential use that divides the land into not more than the number of lots permissible in a conventional subdivision of the same property in the same zone, but where Docket Cluster 12-14-01.doc 3 December 14, 2001 the size of individual lots may be reduced in order to gain common open space. (Deering, New Hampshire) *4400 - Cluster Subdivision: A subdivision in which the lot sizes are reduced below those normally required in the zoning district in which the development is located, in return for the provision of permanent open space. (Muskegon, Michigan) - Cluster Subdivision: A wholly or principally residential subdivision that permits a reduction in lot area, setback, or other site development regulations, provided there is no increase in the overall density permitted for a conventional subdivision in a given zoning district, and the remaining area is used for common space. (Omaha, Nebraska) • Natural Lands Trust, Randall Arendt (summarized from material presented at a Cluster Developments Workshop in Skamania County, WA, November 8, 2001): Recommend concept of "clustering" give way to"conservation design." A conservation subdivision is a residential development with flexible lot dimensions, minimizing impacts on natural and cultural resources, and designed around those site features deemed to be the most significant to conserve, as prioritized in official guidelines and as determined through an on-site evaluation of priority features. Additionally, the greatest extent practicable, conservation subdivisions include improvement of existing site conditions by rehabilitating degraded habitat, augmenting vegetative screening, removing invasive exotics, re-establishing native species, and restoring wetlands. Conservation subdivisions may incorporate existing dwellings and accessory structures, and other agricultural buildings into their layouts. • Redmond: Clustering is a technique that allows for the on-site transfer of density so that lots are concentrated in one portion of a site leaving the remaining portion of the site as open space. • Renton: The placement of more than one building envelope on a single lot or parcel of land for the purpose of constructing single family residential dwelling units in either attached or detached construction arrangement, and where the property ownership outside the building envelopes is commonly held by all single family dwellings on that lot or parcel of land. *44110 As noted previously, Renton's Residential Cluster definition does not seem to match the intent of the R-1 and R-5 cluster approach, and appears to assume a condominium style development in which there may be individual plots, but that all open space is in common ownership. Redmond's and the American Planning Association Glossary definitions seem to better match Renton's R-1 and R-5 cluster concept as it stands today. The Natural Lands Trust goes further into detail about areas protected and enhanced. Cluster Regulations/Procedures There are several common elements of cluster regulations, depending on the focus - rural or non-rural: • Open Space Required: The required amount of open space should be based on community specific objectives. Generally, communities' objectives for open space in rural cluster developments is well over 50 percent, with 70 to 80 percent being the most common. (Corser 1994) Planned unit developments (PUD's), which are similar to cluster developments, often include an open space requirement. Renton's PUD regulations require 35% of a gross site to be in common open space. Through PUD regulations, Kent also requires 35% of a gross site to be in common open space, and Bellevue requires 40% of the gross site be dedicated to common open space. An example open space requirement for cluster developments in a community that already requires sensitive area protection is in West Bloomfield Township which requires that 17 percent of preserved open space in a cluster development consist of areas not otherwise protected. (Biver and Bohlen 1994) A method that does not specifically prescribe an open space standard, aside from protecting sensitive areas, is promoted by the Natural Lands Trust. Randall Arendt of the Trust has written several books including Designing Open Space Subdivisions and Growing Greener. With Arendt's approach there Docket Cluster 12-14-01.doc 4 December 14, 2001 are four basic steps in a conservation subdivision design that would apply and work with a given zoning district's allowed density: 1. Identify land that should be permanently protected called Primary Conservation Areas (e.g. wet, floodprone, steep), and those features that are noteworthy and typically unprotected called Secondary Conservation Areas (e.g. mature woodlands, greenways, trails, prime farmland, historic sites, viewsheds). "Greenline" the conservation areas, with the remainder showing as the Potential Development Area. Place a conservation easement on the conservation areas. 2. Locate sites of individual houses within the Potential Development Area so that their views of the open space are maximized. The number of houses is a function of the density permitted in the zoning district(no lowering of density- transfer of density from areas not being developed). 3. Connect the "dots"with streets and informal trails. 4. Draw in the lot lines. A local example of an open space requirement that does not specify a percent is found in Redmond. The City of Redmond allows up to 100 lots to be clustered but has no spacing or grouping requirement. The size of open space must correspond to the gross area reduction proposed for all lots below the average lot size required. Open space must be held in common, managed, and protected (if sensitive). Open space tracts are to be located and configured to protect sensitive areas, provide recreation, provide urban separators, open space, corridors, or greenbelts. A maximum of 30 percent of the total open space area set aside can consist of community meeting rooms, swimming pools, and other recreational facilities. Lot area reductions of between 20 to 40 percent the required average lot size are allowed, with the larger reductions in the lowest density zones. If the average lot size equals or is similar to the average lot size of another zone, the similar ... zone lot requirements are to be followed except for density or impervious surface. Side/interior setbacks are allowed to be reduced to three feet, and minimum building separations reduced to 6 feet, only on a subdivision's interior lots. • Distance between Clusters: Separating the project's dwelling units into groups of four to eight homes, each surrounded by 100 to 300 feet of vegetated buffers, has also been recommended to create a clustered development pattern consistent with traditional rural farmsteads. (Corser 1994) King County allows rural cluster developments of 8 units with a 120 foot separator. • Cluster Incentives: Some jurisdictions require clustered development, some require that both a standard and a cluster development be submitted allowing the agency to choose the one that best meets the community's objectives, and some make it voluntary utilizing incentives to attract applicants. Some incentives can include speedier permit processing or density bonuses. Some density bonuses use a sliding scale by parcel size. Other density bonuses may include receiving density credit for protecting wetlands and critical areas. (Corser 1994) Similar to Renton, Redmond does not offer density bonuses for clustering, but reduces the lot sizes and alters development standards, to allow flexible site design as described further above. • Procedures: Cluster regulations may be located in a government's zoning regulations, subdivision regulations, or site plan review regulations, or in separate cluster regulation chapters. (Corser 1994) RECOMMENDATIONS Short Term Recommendations To respond to development interest in the Potential Annexation Area (PAA), allow for developments that have standards closer to Renton's, and encourage annexation, a short-term solution has been prepared. A longer-term list of issues is provided should time permit additional code amendments to be prepared. It Docket Cluster _12-14-01.doc 5 December 14, 2001 is recommended that the City utilize the following approach in its cluster regulations for the R-1 and R-5 zones to improve clarity and results: • Definition: Redefine Residential Cluster as Residential Conservation Subdivision or Short Plat. This definition meets better the intent that lot sizes or other standards are reduced in exchange for open space conservation and does not preclude or require a concentration of development. • Standards - R-1 Zone: Maintain R-1 maximum density, 4,500 s.f. lot size, and use of R-8 lot dimensions and development standards. Maintain the 6-unit cluster requirement, but require a vegetated-separation of clusters of a minimum of 100 feet (critical areas can be located in the separator areas). Beyond protecting Critical Areas, require that an applicant provide open space in the net developable area (areas not excluded for critical areas and roads), including all areas not identified as lots or surface water control features. • Standards - R-5 Zone: Maintain R-5 maximum density, 4,500 s.f. lot size, but allow use of R-8 lot dimensions and development standards. Do not maintain the 6-unit cluster requirement, as this is a rural type of standard, and likely promotes the use of cul-de-sacs. Require that an applicant provide open space in the net developable area (areas not excluded for critical areas and roads), including all areas not identified as lots or surface water control features. At a minimum, require that 390 square feet of exterior recreation space per dwelling unit be provided. The 390 s.f. per unit is based upon a King County recreation standard applied to any single family or townhouse development (not necessarily clustered) of 5 or more dwellings, and on a per unit basis is a little more square feet per unit than the 1/2 acre park (22,190 s.f.) provided for 63 units in The Orchards Cherrywood development (equals 352 s.f. per unit).' This amount of open space would be in addition to the area protected as critical areas that are deducted for purposes of net density calculations. Currently, the City's park fee mitigation approach is adopted by Resolution and allows the possibility of partial credit if onsite park area is provided meeting identified needs, and the Resolution does not distinguish between public and private park area. Under the proposed Conservation Subdivision regulations, if the open space area is large enough that the City would accept dedication, then partial credit towards the parks mitigation fee would be specifically allowed. Leslie Betlach, City Parks Director, has indicated that the City has accepted some dedications, but it is not automatic and is based on how the facility would meet identified needs (personal communication, November 30, 2001). Based on comments provided by David Halinen in late November, representing a developer preparing an application in a Potential Annexation Area, provisions are included to allow area in trails to count towards the area per unit size requirement. King County regulations allow for trails to be counted in a similar manner. • Surface Water Facilities: The City has docketed the issue of general surface water detention landscaping and fencing standards. In the meantime, as a trade-off for smaller lot standards, the proposed Conservation Subdivision requirements reference a King County manual that identifies methods to improve the appearance and integration of these facilities in developments. If an applicant proposes an equivalent method, it would be considered as well by the Reviewing Official. Comments provided by David Halinen on behalf of a developer of a future subdivision have requested that enhanced surface water facility fencing/landscaping "count" towards open space. At this time the recommendation is to not count enhanced surface water fencing/landscaping as it is an aesthetic King County does not have a minimum private park standard, but indicates that the County may require a fee-in-lieu instead of the 390 s.f. per unit park area. A publicly dedicated park has to be a minimum of 20 acres. King County also requires playground equipment of 400 s.f. be provided. Unlike King County's park area requirement which applies to all single family and townhouse developments of 5 or more units, Renton's will only apply to conservation subdivisions/short plats, and the Reviewing Official will determine the acceptability of the"public benefit"open space feature. Docket Cluster 12-14-01.doc 6 December 14, 2001 improvement which ultimately the City would like to apply in more cases than Conservation Subdivisions, and it does not serve the same purpose as an accessible open space. However, if the surface water facility were designed for both recreation and surface water management, such as with a gentle grade and recreation amenities, it may be possible to count such a multi-purpose facility towards a portion of the park/trail area requirement, but not the full requirement. King County allows up to 50°/0 of a multi-purpose surface water/recreation facility to count towards onsite open space standards if meeting certain design requirements. It is recommended that this issue be addressed further as a longer-term docket issue. • Procedural Requirements: In the R-5 zone, require mandatory preapplication to review the conservation subdivision and the proposed open space. Since there would be fewer lots and fewer cluster developments likely in R-1, mandatory preapplication is less of an issue. • Incentives: Do not provide density bonuses for cluster subdivisions as these would conflict with adopted policies and Comprehensive Plan land use designations. Assume that the lower lot sizes and more flexible development standards will result in cost savings for utilities, efficient development pattern, higher value per unit, and less cost for site development (e.g. less road pavement to serve more concentrated development). Since in Renton's definition of Net Density critical area buffers of any kind are not deducted although they cannot be developed, the smaller lot sizes and lot dimensions will allow for a more efficient lot pattern in the developable areas. Longer Term Recommendations As time permits additional code amendments issues to consider include: • Open Space Amount: In the R-5 zone in particular, should the City require a specific percent of the net developable area to be in open space, or require a per lot amount related to the lot size reduction, with a portion required to be an aggregated park/recreation area? Should a reduction in the amount of open space required be granted for improvement of publicly dedicated park areas (e.g. add sport courts, trail improvements, etc.)? Should a reduction in the amount of open space required be allowed for restoring/enhancing wetlands or increasing wetland or stream buffers? • Park Sizes and Minimum Development Sizes: Should there be a minimum park size, or minimum conservation subdivision development size to assure a reasonable sized park? A minimum size park required could determine the size of development that will qualify for the conservation subdivision reduced lot requirements. The City has identified typical sizes of parks in the 1992 Comprehensive Parks, Recreation, & Open Space Plan (currently under revision):Tot Lots are less than 1 acre in size and not recommended for City ownership/maintenance. Neighborhood Parks are generally 5-10 acres serving a half-mile radius. A stand alone Neighborhood Park should not be less than 5 acres for a stand-alone Neighborhood Park with generally 50% of the site being flat and usable to provide space for both active and passive uses. Leslie Betlach, City Park Director, has indicated a City preference for dedications of at least 5 acres, meeting the Neighborhood Park requirement, and would have to consider individually sizes between 1 and 5 acres, particularly the maintenance burden. Although the City has public parks and open space areas less than 2 acres in size, a size of 3 to 3 1/2 acres is better for maintenance efficiencies (personal communication, November 30, 2001). Options for park size discussion are as follows: - If the minimum size park is no less than the minimum lot size for the zone, 4,500 square feet, then a property would need to support 12 units (roughly 3 net developable acres). However, if not sited in an appropriate location, it may be uncomfortable for residents to use the space that may be located in between two other lots. King County does require playground improvements of at least 400 square feet in size, and no dimensions smaller than 20 feet. This may fit within such as small lot. Docket Cluster 12-14-01.doc 7 December 14, 2001 - If the minimum size park is 1/4 acre, a property would need to support about 16 units (roughly 4 net developable acres), to meet a 1/4 acre park requirement, or smaller properties where the IWO developer is willing to provide a 1/4 acre park area for fewer units could qualify. - If the minimum size park is 1/3 acre (a standard for privately dedicated parks in Irvine, California, a new town with greenbelts), a property would need to support about 38 units (roughly 8 acres of net developable area) to meet a 1/3 acre park requirement, or smaller properties where the developer is willing to provide a 1/3 acre park area for fewer units could qualify. - If the minimum size park is 1/2 acre2. a property would need to support at least 56 units (roughly 12 acres of net developable area) to meet a 1/2 acre park requirement, or smaller properties where the developer is willing to provide a 1/2 acre park area for fewer units could qualify. - If the minimum size park is 1 acre (a National Recreation and Park Administration Standard for a Mini Park/tot lot/play structure, and the Renton Tot Lot threshold), a property would need to support about 112 units (roughly 23 acres of net developable area) to meet a 1 acre park requirement, or smaller properties where the developer is willing to provide a 1 acre park area for fewer units could qualify. - Assuming 5 acres is the minimum for a dedicated neighborhood park, a development would need to support 559 dwellings on roughly 112 net developable acres, or smaller properties where the developer is willing to provide a 5 acre public park area for fewer units could qualify. • Open Space Qualities: Should the City provide more direction regarding the quality of open space provided beyond critical area protection and park space. For example, should the City provide incentives or require that the open space resulting from conservation subdivisions have one or more of the following qualities: critical areas regulated in RMC 4-3-050 but not deducted for net density (e.g. aquifer protection areas Zones 1 or 2, certain geologic hazard areas, sensitive slopes, etc.), heritage trees and significant tree stands as determined by an arborist, public view corridors, and historic or cultural resources? • Phasing: If the development is phased, when should the open space and park facility be provided, and what happens if later phases are not constructed? • Surface Water Facilities: Should the City count part of the Surface Water facilities as Open Space when they are designed to allow for recreation at least part of the year? Also, what are some minimum standards for landscaping and fencing that should apply in every zone, and what sort of landscaping and fencing requirement should be applied in addition as a "trade-off' for conservation subdivisions? • Incentives: If the City wishes to promote conservation subdivisions more actively, potentially allow construction during winter period if a development would conserve erodible soils, if not likely to affect habitat, and if best management practices are followed. Areas with erosion are not restricted from development currently, although the Renton Municipal Code requires studies and landscaping. • REFERENCES Arendt, Randall G. (November 1997). Growing Greener. Natural Lands Trust Inc. Media, Pennsylvania. Biver, Dan and Bohlen, Sarah (October 1994). "Planning for Open Space Developments." Zoning News. American Planning Association. Chicago, Illinois. 2 A 1/2 acre size recreation area is generally consistent with the private parks provided at The Orchards Cherrywood Development and in Windsong in Renton. Docket Cluster 12-14-01.doc 8 December 14, 2001 *NowCorser, Susan Ernst (July 1994). "Preserving Rural Character through Cluster Development." PAS Memo. American Planning Association. Chicago, Illinois. Davidson, Michael and Dolnick, Fay, eds. (December 1999). A Glossary of Zoning, Development, and Planning Terms. Planning Advisory Service Report Number 491/492; American Planning Association. Chicago, Illinois. • • Docket Cluster 12-14-01.doc 9 December 14, 2001 RMC 4-2 AMENDMENTS ' 4-2-110.A DEVELOPMENT STANDARDS FOR SINGLE FAMILY RESIDENTIAL ZONING DESIGNATIONS (Primary and Attached Accessory Structures) R-1 R-5 Minimum Lot Size for lots 1 Acre. 7,200 sq. ft. created after the effective date hereof( , 19 ) 4,500 sq. ft. for cluster 4,500 sq. ft. for cluster development.2- development.3 4-2-110D CONDITIONS ASSOCIATED WITH DEVELOPMENT STANDARDS TABLE FOR SINGLE FAMILY RESIDENTIAL ZONING DESIGNATIONS • a. Cluster developments shall be limited to a maximum of 6 dwelling units in 1 cluster. b. The maximum net density requirement of 1 dwelling unit per acre shall not be exceeded. (R 8) shall apply. JNote: Old language combined with 3. New language refers to provisions not subject to variance like densities.] a" 3. o sear �—�4.kkai,r= may be allowed .'_ -_ � . in Ci fi gte1 , n� .,: to meet objectives such as preserving significant natural features, providing neighborhood open space, or facilitating the provision of sewer service, an 1:b }e l; the following standards are. et: a. n •" O'; e> 4L 8 ,)-z) i,c)ibiArk ®s .. . i= . shall be limited to a maximum of 6 lots in one Arai, oblrg-t. ® tt: 8 �r ryas �:: s :ZL� eerfit�tJ 2t:ai�~ a �.idie e Na ^,k!^acowi., R.cq,`„d'.BRF'J</+3.j.R.am«A&PF.RF<sA.' <R..tfl.'.'�F't'.^.k.v R^•AZC..f.FRM1..iF'AAA^.tF:\`6@.r$ Iv.eRF.4..A7s;.4:..0.8,.-.k'as.r+°`.-'LwA'.�Aa%�':w'AA7.}.^.S,F.£".YA.R9`Tye.- ✓°M\`-R..t:,: <?m.A'"k; fEditor's Note: Sentence addressed in definition of Conservation Subdivision.) :` f9ex- .�a en ® . � i , �• �� ��_�� The area of individual lots shall not be less than 4 500 s• ft b 0' 3 " r atillit t a i . e ,ep Ywq waif TIT 73.117- -..p 6A-i >. .,at itz=§6.v rce. ®, ornparab(e approac e ; gybed tft l 'e i ci Offi ia1 open' pa R. xa R S '.o•'e's *0/000 Docket Cluster 12-14-01.doc 10 December 14, 2001 — r e -c��. c e �t �a e _ a of a- a�tia e . 1 it . ��A .t . f; €`°I ,..6T 3 1_. __. t w ' f� � C .i P."""° Lea, 4.d°� .A of L'h �ca �°s� . 0_4, �& ..1' a . i� 1 . a ' c- a .ia F ak. aa -. t4_W., - _tea.41.-_. b s ti . � :3 2 a oar, - i.6.. 66 tvvr" ` ,, , i�t," ; s a14 `iva xj`, e® o . ! '- . c Ys , l llm "., 4 Is 7. • � «^ : a l : YW- , ` 1,l ':} il. =L l ( a1- ali -=':lk i ti t .S Ia__ :f r5 _ _ - je 'Li a 4`Hr0.iIka 0'r3f k # ?,Sara. U ialdil L—ISit 44 - ,,,_:l] . ^ .. t . , f t e ;lima1� {kI�l ; R:t ��ay� b�1 -� � maI p„��yl"yS4 w�a Ay '-aV � �iy :wk' 'Ya t�Y , y,, - ° flry . r aog„, a ll± ;r�s � :. � ' T K-11''e-J '' 5 w.&ea . . . e , li=a=/ e e �uC 3 ' .Fi,,i t7. , ,.ff .,�„ h au R..&� 99 ta.��au.' ® a. .�- `y .�. Na 1a 1-,0 ,..g!.,, ,a ® ® 'c t oI r® .. a C a r "'ets ifi;10 '.--V a a ,a- fi- Sd a 0 ID.,0 0 r 1 jEditor's Note: Combines Notes 2 and 3. ''r► [Editor's Note: The unshaded edits above are consistent with the City Council Title IV packet. The shaded edits are newly proposed as a result of this docket item.1 11 December 14, 2001 Docket Cluster 12-14-01.doc RELATED RMC TITLE 4 AMENDMENTS 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 earl date in order to become familiar with the re•uirements of this Chapter. 4-11-030 DEFINITIONS C: a- �� ....ca°.s`.,Wi a� sa€ ts s•� ���swd vi �r ti �r � "'''�.reSAx-I 6w :-��JYR� .�c�..n,as c ;» �,.h,.n�-„,,�.w a,�.M,� *.A"sa�+'xz`:h.��-s�, !.�P g�q.Ry. il��ce` "' °61+'i$�t8 d' .� !�!, lYa"` t"1,zd':V� "'" ''ao.,;""°`3""'Y '"`�' �`Y°' ' '�S'"4�" s tcat se aR. k �� Rrr, e� da " • g pp k K.:: � per a � � ts� ��� • d hs q,'.. tt `�, •r - e i . -..� e " "`aafi.a e o CRITICAL AREAS :Wetlands, aquifer recharge areas, fish and wildlife habitat, frequently flooded and geologically hazardous areas as defined by the Growth Management Act. CRITICAL AREAS: .d , w `a.... Areas determined by the City to be not suitable for development and which are subject to the City's critical areas regulations including very high landslide hazard areas, protected slopes, wetlands, or floodways. (Amd. Ord. 4835, 3-27-2000) 4-11-040 DEFINITIONS D DENSITY, NET: A calculation of the number of housing units and/or lots that would be allowed on a property after critical areas and public rights-of-way and legally recorded private access easements, serving three (3) or more dwelling units, are subtracted from the gross area (gross acres minus streets and critical areas multiplied by allowable housing units per acre). Required critical area buffers and public and private alleys shall not be subtracted from gross acres for the purpose of net density calculations. 4-11-150 DEFINITIONS 0: OPEN SPACE: Any physical area which provides visual relief from the built environment for environmental, scenic or recreational purposes: Open space may consist of developed or undeveloped areas, including urban plazas, parks, pedestrian corridors, landscaping, pastures, woodlands, greenbelts, and other natural areas, but excluding driveways, parking lots, or other surfaces designed for vehicular travel. fEditor's Note: Wetlands are a critical area, and no other critical areas are specifically identified.) 4-11-1650 DEFINITIONS P: PARKS, NEIGHBORHOOD: A combination playground and park designed primarily for nonsupervised, 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. (Ord. 4840, 5-8- 2000) Docket Cluster 12-14-01.doc 12 December 14, 2001 'Editor's Note: The unshaded edits above are consistent with the City Council Title IV packet. The shaded edits are newly proposed as a result of this docket item.l • Docket Cluster 12-14-01.doc 13 December 14, 2001 DOCKET ITEM TITLE 4, CHAPTER 4 LIGHTING STANDARDS PURPOSE Exterior lighting is regulated in many codes to address visibility, aesthetics/environment, energy conservation, and safety. The City of Renton contains general parking lot lighting requirements in RMC 4-4-080.F with no specific standards, and City staff have raised the issue to address lighting of parking and display lots in particular. More recently, a citizen comment has been received regarding light trespass (Sean and Cathy O'Neil, October 2001). The purpose of this docket item is to present proposed regulations that balance the need for security and illumination with avoidance of light trespass, particularly in residential settings. BACKGROUND/ISSUES Some municipalities have created City lighting plans and regulations to address regulation of private property lighting as well as street light maintenance, the most comprehensive of which are Kennebunkport, Maine, and Tuscon, Arizona, as well as others. Common elements in light ordinance provisions are to prohibit light trespass and address light standard spacing, height, shielding, and illumination. The Subdivision and Site Plan Handbook (Center for Urban Policy Research, 1989) as quoted in a Zoning News article includes the following recommendations (Dolnick, 1995): • Spacing - equal to approximately four times the height of the standard • Height maximum - no taller than the maximum building height or 25 feet, whichever is less • Shielding to provide proper lighting without hazard to drivers or nuisance to residents. Regulators in Kennebunkport, Maine similarly recommend regulating the height and setback of a luminaire (light standard)which avoids having to measure illumination levels (e.g. foot candles) with light- calibrating equipment. Kennebunkport, Maine allows light standards to be increased up to 25 feet depending on their setback, and also requires a full cut-off shade allowing no light above a horizontal plane. The maximum 25-foot height and full cut-off shielding requirements can also be found in the Redmond,Washington regulations. Similarly, the City of North Bend, Washington limits light standards to 18 feet in height in commercial zones with lesser heights in residential zones, and requires control of horizontal and vertical light trespass. Bellevue, Washington does not regulate the height of standards, but does require parking/driveway lighting to incorporate cutoff shields. The following graphic illustrates the use of shielding. luminoire - total:cutof luminoire ford cutoff '" candle n l✓weak v� . cQacej� ` •�_ \co ndi NO CUTOFF LUMINAIRE. - LUMINAIRE WITH LESS THAN'90°CUTOFF 90 CUTOFF LUMINAIRE The amount of cutoff provided in a lightfeture protects against excessive glare and light trespass.A cutoff luminaire fright)ensures-that no light is emitted above a horizontal line parallel to the,ground.:A•luminaire with a cutoff Hof Less than 90 degrees (middle)completely shields the light source from an observer five feet above the ground at the point where the cutoff angle intersects the ground. Source:October 1995 Zoning News article "Shedding Light on the Urban Landscape" Docket_Lighting_Dec.doc 1 December 17, 2001 Further examples of light standards for the purposes of avoiding light trespass and glare, and saving Neid ,energy can be found at the following web links: http://www.darksky.org/ida/mu-media.html, http://www.scn.org/darksky/slideshow/s1d001.htm. The slide show provides examples from around the Seattle area, and can be viewed on the computer screen. RECOMMENDATIONS Proposed code amendments would be consistent with many of the example regulations cited above. In summary the recommendations are to: • Limit light trespass across property lines • Regulate residential light nuisances • Regulate building lighting to avoid lighting above a roof line • Regulate parking/display lot light standards to a height of 25 feet and require full cutoff shields • Exempt holiday lights, official government flags, right-of-way lighting, stadiums, and signage (Sign Code has some regulation of lighting and temporary grand opening lighting) • Include a modification process, provided that light trespass does not occur. REFERENCES Dolnick, Fay (October 1995). "Shedding Light on the Urban Landscape." Zoning News. American Planning Association. Chicago, Illinois. 41210 Docket_Lighting_Dec.doc 2 December 17, 2001 1-3-4 DEFINITIONS: A. Definitions: As used in this Chapter, unless a different meaning is plainly required: 8. "Nuisance" (also referred to herein as"violation"or"nuisance violation") means: a. A violation of any City of Renton development, land use, or public health ordinance; b. Doing an act, omitting to perform any act or duty, or permitting or allowing any act or omission, which annoys, injures, or endangers the comfort, repose, health or safety of others, is unreasonably offensive to the senses, or which obstructs, disrupts or interferes with the free use of property by any lawful owner or occupant; or c. The existence, without limitation, of any of the following conditions: (1) Trash Covered Premises: Any premises containing trash, debris or abandoned materials, except that kept in garbage cans or containers maintained for regular collection, see RMC 8-1-4.B; (2) Dangerous Structures: Any dangerous, decaying, falling or damaged dwelling, fence, or other structure; (3) Potential Vermin Habitat Or Fire Hazard: Any accumulation of material or debris on a property including, but not limited to, animal matter, ashes, bottles, boxes, broken stone, building materials which are not properly stored or neatly piled, cans, cement, crates, empty barrels, dead animals or animal waste, glass, litter, mattresses or bedding, old appliances or equipment or any parts thereof, furniture, iron or other scrap metal, inoperable machinery or equipment, packing cases, packing material, plaster, plastic, ''ow rags, wire, yard waste or debris or other objects which endanger property or public safety, or constitute a fire hazard or vermin habitat; provided, that nothing herein shall prevent the temporary retention of waste in approved, covered receptacles; (4) Junk Or Abandoned Vehicles: Any wrecked, inoperable, abandoned or disassembled trailer, house trailer, boat, tractor, automobile or other vehicle, or any parts thereof. A junk vehicle includes apparently inoperable, immobile, disassembled or extensively damaged vehicles. Evidence of inoperability and damage includes, but is not limited to, a buildup of debris that obstructs use, a broken window or windshield, a missing wheel, a flat tire, a nonfunctional motor or transmission, missing bumpers, or missing license plates; provided nothing herein shall prevent the keeping or storage of any vehicle on private property within a building where it is not visible from the street or other public or private property. For further definitions and procedures see Chapter 6-1 RMC; (5) Attractive Nuisances: Any attractive nuisance which may prove detrimental to children whether in or on a building, on the premises of a building, on an occupied or unoccupied lot, which is left in any place exposed or accessible to children. This includes unused or abandoned refrigerators, freezers, or other large appliances or equipment or any parts thereof; abandoned motor vehicles; any structurally unsound or unsafe fence or edifice; any unsecured or abandoned excavation, pit, well, cistern, storage tank, open crawl space, or shaft; and any lumber, trash, debris or vegetation which may prove a hazard for minors; (6) Obstructions To The Public Right-Of-Way Or Illegal Use Of Public Property: Use of property abutting a public street or sidewalk or use of a public street, undeveloped right- of-way, or sidewalk which causes any obstruction to vehicular or pedestrian traffic or to .., open access to the streets or sidewalks, including working on vehicles in the public right- of-way except for emergencies and then only for such time as reasonably necessary to solve such emergency and illegal parking of commercial vehicles on public right-of-way in Docket_Lighting_Dec.doc 3 December 17, 2001 which all of the adjacent structures are occupied as residential dwellings on the same14110 side of the right-of-way as the area for parking, per RMC 10-10-13; provided, that this subsection shall not apply to events, parades, or the use of the streets or public rights-of- way when authorized by the City. This section includes the existence of drainage onto or over any sidewalk, street or public right-of-way, and the existence of any debris or plant growth on sidewalks adjacent to any property. This section applies to camping on public property except in a designated camping area; (7) Vegetation: Any noxious or toxic weed or uncultivated plant, weeds or grass which may be a fire hazard, or any tree which is in danger of falling and creates a substantial risk of damage or injury; (8) Illegal Dumping: Dumping of any type by any person on public or private property not registered as a legal dump site; (9) Dumping in Waterways: Dumping, depositing, placing or leaving of any garbage, ashes, debris, gravel, earth, rock, stone or other material upon the banks, channels, beds or bars of any navigable water, or the felling of any tree or trees, so that the same shall in whole or in part project within the high water bank of any navigable watercourse, or the casting, placing, depositing or leaving of any logs, roots, snags, stumps, or brush upon the banks or in the bed or channel of any navigable stream, except when part of habitat enhancement under auspices of a governmental agency; (10) Operation of premises where there is illegal manufacture of liquor, or is maintained as a place for drunks, operated as an illegal gambling house or as a drug house per Chapter 7.43 RCW, or which constitutes a moral nuisance or house of prostitution; (11) Animal Nuisances: Maintaining, harboring or keeping animals which by frequent or loriO habitual howling, yelping, barking or making of other noises, annoy or disturb a neighbor, keeping of types or numbers of animals in violation of law, permitting the accumulation of animal waste that is unhealthful or which creates obnoxious odors, keeping of animals in conditions that are unhealthy to the animals, humans or maintaining pests such as caterpillars, vectors, vermin or wildlife on one's property, or allowing dogs to run at large per RMC 6-6-5.C; (12) Beekeeping: The existence of any bees, Africanized honey bees, yellow jackets, hornets, or wasps that harbor in colonies, hives, apiaries or nests which are not authorized by ordinance or statute and are not in full compliance with Chapter 15.60 RCW or Chapter 16-602 WAC; (13) Odors: The existence of any strong or offensive odor at the property line including but not limited to rotting or decaying fish or animals, rotting garbage, animal manure or strong chemical smells; (14) Installing, creating or maintaining graffiti; (15) Anything defined by RCW 7.48.140, Public Nuisance, Chapter 7.48A RCW, Moral Nuisance, or which constitutes a misdemeanor under RCW 9.66.010 or RMC 6-18-11; (16) Operating a business without the requisite state or local license or business license or operating in violation of code requirements for that license, see RMC 5-5-3.G.5, 5-8-4, and 6-15 6; (17) Violations of the Aquifer Protection Ordinance, RMC 4-9-015; (18) Violation of harbor regulations, Chapter 9-3 RMC; Docket_Lighting_Dec.doc 4 December 17, 2001 (19) Violation of noise level regulations, Chapter 8-7 RMC. (20) Violations of Exterior, Onsite Lighting Regulations in RMC 4-4-075. (21) Installing, maintaining and/or using an outdoor visible light or other source of illumination which is on private residential property and produces direct illumination across an abutting residential property of such intensity that it creates a nuisance or unreasonably interferes with the use or enjoyment of the abutting residential property. [Editor's Note: based on nuisance lighting regulations from Wichita, Kansas, focusing particularly on residential situations.) 4-4-075 LIGHTING, EXTERIOR ONSITE: [Note: The proposed lighting standards below are based on North Bend Zoning Code and Redmond Design Guidelines, as well as Zoning News, October 1995.) A. PURPOSE: The purpose of these regulations is to provide for ample, but not excessive illumination levels, promote the general public health, welfare, and safety, and discourage light trespass beyond the boundaries of the property on which the light is located. B. APPLICABILITY AND AUTHORITY: 1. Applicability: The standards of this section shall apply to the addition or replacement of light �...- fixtures. Additionally, the standards of this section apply to remedy existing residential lighting that creates nuisances to abutting properties per RMC Title 1-3, as defined in RMC 1-3- 4A.8.c(21). 2. Exemptions: The following are exempt from the provisions of this Section: a. Signage. b. 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. c. Official Government Flags: Display lights are permitted when providing illumination of official government flags, provided there is no light trespass beyond property boundaries. d. Rights-of-Way Lighting. e. Lighting of Stadiums: Lights installed, maintained and used in connection with the use and operation of a legally established outdoor stadium. 3. Authority: During Development Permit Review, the Responsible Official shall determine compliance with the provisions of this section. Conditions of approval may be applied to achieve compliance. The Development Services Division Director or designee shall enforce the provisions of this section to applicable properties. C. STANDARDS: No use or activity shall cause light trespass beyond the boundaries of the property lines. Docket_Lighting_Dec.doc 5 December 17, 2001 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 roofline 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 25 feet above the ground to minimize the impact onto adjacent and abutting properties. All fixtures shall be fitted with a cutoff type luminaire as exemplified below. total cutoff luminaire Peel, .., cob, ' Volver 44.04 Cutoff Type Luminaire D. MODIFICATIONS TO STANDARDS: Lighting which does not meet the standards in subsection C above, may be permitted by the Development Services Division Director as follows: Alternative shielding of lights, or lighting visible above the roofline may be permitted via the Site Plan Review process for applications requiring such review or via a modification approved by the Development Services Division Director in accordance with RMC 4-9- 250.D for applications which do not require Site Plan Review. In any case, no use or activity shall cause light trespass beyond the boundaries of the property lines. E. VARIANCES TO STANDARDS: A variance to standards, pursuant to RMC 4-9-250, is required to alter any other requirements of this Section that are not allowed to be altered in accordance with Subsection D, Modifications to Standards. F. APPEALS: See RMC 4-8-110. Docket_Lighting_Dec.doc 6 December 17, 2001 4-4-080 PARKING, LOADING AND DRIVEWAY REGULATIONS: F. PARKING LOT DESIGN STANDARDS: 5. Lighting: Any lighting on a parking lot shall illuminate only the parking lot and shall be designed and located so as to avoid undue glare or reflection of light pursuant to RMC 4-4-075, Exterior Onsite Lighting. Light standards shall not be located so as to interfere with parking stalls, stacking areas and ingress and egress areas. 4-11-120 Definitions L: LIGHT DEFINITIONS: The following definitions are utilized in the Exterior Onsite Lighting Regulations, RMC 4-4-075 Cutoff: The point at which all light rays emitted by a light source are completely eliminated (cut off) at a specific angle above the ground. 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 emitted. Cutoff Type Luminaire: A unit of illumination with elements such as shields, reflectors, or refractor panels that direct and cut off the light at a cut off angle less than 90 degrees. Light Trespass: The shining of light produced by a light source beyond the boundaries of the property on which it is located. Luminaire: The complete lighting unit, including the lamp, the fixture, and other parts. Docket_Lighting_Dec.doc 7 December 17, 2001 DOCKET ITEM TITLE 4, CHAPTER 2 CD AND RM-U ZONE DENSITIES DESCRIPTION/PURPOSE The Renton Downtown Element establishes an objective for the Renton Downtown to "create a balance of land uses which contribute to the revitalization of downtown Renton while fulfilling the requirements of an Urban Center as defined by Countywide Planning Policies." Policies encourage a mix of uses having an urban level density and intensity (Policy DT-3). Incentives are promoted for residential uses to create a mixed use environment (Policy DT-24). Policies also indicate that a range of 25-100 dwelling units per acre should be allowed, with a potential for a density bonus allowing up to 150 dwelling units per acre (Policies DT-24 and DT-25). Density bonuses are to be contingent upon design review (Policy DT-25). Density bonuses may be granted for providing or contributing to a public amenity such as passive recreation, public art, or public parking (Policy DT-26). The Center Downtown (CD) and Residential Multifamily — Urban (RM-U) Zones implement the Comprehensive Plan's designated Urban Center and Center Downtown land use designation. Although the zones implement the Comprehensive Plan's Urban Center boundary and the Center Downtown land use designation, the CD and RM-U zones have differing maximum densities (dwelling units per acre): • The CD maximum density is 100 dwelling units per net acre with potential for 150 dwelling units per net acre with approval of an Administrative Conditional Use Permit. • The RM-U minimum density is 25 dwelling units per net acre, and the maximum density is a range of 25-150 dwelling units per acre dependent upon design review. Design review criteria applicable to the CD and RM-U zones are contained in RMC 4-3-100, and contain some minimum standards and many guidelines. The City docketed the issue of density to determine if the RM-U maximum density should be amended to be similar to CD zone, i.e. capped at 100 with bonus possibilities, and also to determine appropriate review processes for density bonuses in the CD Zone, and RM-U Zones if added: 1) permitted; 2) permitted with bonuses allowed subject to specific criteria, or 3) subject to Administrative Conditional Use Permit. The RM-U zone is being reviewed with the South Renton Plan which is still under consideration by the Renton Planning Commission. Preliminary Commission direction regarding RM-U zone densities is as follows: • A portion of South Renton (bordered by Houser, Burnett, South 7th St., and Shattuck) is proposed as a new zone (RM-T) with a maximum density of 35 du/acre. The minimum density is also proposed to be lowered. • The remaining RM-U would retain the 25 dwelling units per acre minimum density and have a maximum density of 75 dwelling units per acre. • Neither the RM-U nor the RM-T, as they currently stand in this proposal are proposed to have bonus densities. Multi-family developments will have to go through design review in both zones per RMC 4-3-100. Docket_CD_Density_Dec.doc 1 December 14, 2001 Since the RM-U zone density is under review with the South Renton plan, the issue of the minimum and maximum densities in the zone will be addressed through that process. Therefore, the focus of this issue paper is the CD Zone. BACKGROUND/ISSUES Zoning incentive systems began to be instituted in the late 1950s and early 1960s. Cities sought amenities from developers to improve City appearance and function without spending public dollars. Chicago was the first City to adopt a zoning incentive system in 1957. In exchange for additional density, developers were to provide public plazas and arcades. New York City began to offer zoning incentives in 1961, and continues to have one of the most extensive systems. New York City's bonuses focus on two areas: street level amenities (e.g. public plazas, arcades, and shopping galleries) in high-density residential and commercial areas, and neighborhood character preservation (e.g. theater districts). Affordable housing incentives, including mandatory or voluntary bonuses for affordable housing, also began in the early 1960s to ameliorate in part exclusionary zoning practices that were impeding the ability of low-income households and minorities from obtaining housing in a community. (summarized from Morris 2000) Establishing a Bonus System The first issue to address when considering an incentive program is whether the desired amenity or use should be provided by the local government, required outright from new development, or whether the desired amenity should be encouraged and left to chance (or strength of the private market) as to when it will be provided. If determining that the amenity or use should be encouraged through an incentive system, the following issues should be considered (Morris 2000): • Establish the purpose for providing the incentives such as providing open space, mitigating the impacts of development, etc., and recognize which amenities should be provided by government and *440 which should be required of the developer. • • Select the desired amenities to meet the community's objectives. • Determine the bonuses to be granted, and match the appropriate bonus to each amenity. In general, the value of the bonus (e.g. additional dwelling units or floor area) should be proportionate to the cost to the developer of providing the amenity. If the cost of the amenity exceeds the value of the bonus, there will not be much use of the system. Also, if the incentives result in densities that do not match what the private market is demanding, the program may not be used. Manipulating the "base" densities to create an incentive for using the incentive program is not recommended since it could be challenged on the basis of "artificially lowering development" and almost coercing participation in an otherwise voluntary program. With regard to matching bonuses to amenities, there are several numeric methods that can be used: - Equivalent Land-Cost Model: Compares the costs of providing the amenity to the cost a developer would incur by purchasing additional land. Seattle and Bellevue have used this method to determine the size of bonuses. - Equivalent Development Rights Model: Considers what a developer would have to pay to acquire additional development space or rights on the open market and not merely additional land acquisition costs. New York City uses this method to determine its low income housing bonus. - Marginal Cost-to-Profit Approach: Reviews the marginal profits derived from bonus office space to the cost of the amenity the developer chooses to provide, which requires cost per square foot data and projected developer revenues to accurately price the amenity. This approach was used *1010 by San Francisco when it had a bonus program. Docket_CD_Density_Dec.doc 2 December 14, 2001 • Administering the Bonus Program. The central issue is whether to grant bonuses as of right or to use a discretionary negotiation system. As-of-right bonuses spell out the precise elements of each bonus feature and its corresponding density gain. King County's system is an "as-of-right"system' whereas, Renton's density bonus system is discretionary. Issues for the CD zone bonus system include: • Whether the density bonuses should be allowed in return for desired public benefits, or whether the public benefits should be provided by the City, or required of development? • How should bonuses be matched to public benefits, and should this have a bearing upon the development review process selected? • Whether the density level of 150 dwelling units per acre should be: 1) permitted; 2) permitted with bonuses allowed administratively subject to specific criteria, or 3) allowed subject to criteria and a discretionary permit (i.e. Administrative Conditional Use Permit). Bonuses in Renton The City of Renton allows density bonuses through a discretionary process, primarily. That is, if criteria are met, additional density may be achieved, but the number of bonus units for providing the amenity is not known up-front: • R-14 Zone: Density, height, or structure length bonuses may be achieved by meeting specific criteria: alley and rear access parking, civic uses, 5% of the developable area as open space, enhanced architectural design, active common recreation areas, and others. Density may be increased from 14 dwelling units per acre to 18 units per acre. A specific review process is not ,— required to achieve the bonuses. However, the typical review process for a R-14 development would either be through the site plan review process (which may or may not require a public hearing) and/or subdivision process. • • CN and CS Zones: Within the Residential Density Demonstration Overlay Districts, a maximum of 60 units per net acre instead of 15 units per net acre may be achieved if the following are provided: (a) mixed use projects where there is a minimum depth of 30 feet of commercial use on the ground floor facing the arterial, and (b) parking enclosed under or enclosed within the first floor of the primary structure with either side or rear access. A specific review process is not required to achieve the bonuses. However, development large enough to required environmental review within the CN and CS zones are required to apply for site plan approval. Depending on the number of dwellings, the approval process may be administrative or via the Hearing Examiner. • COR Zone: The COR-1 zone applicable to the Stoneway Concrete vicinity offers density bonuses (not more than 5 du/ac) provided there is a balance of height, bulk and density established through a floor area ratio system at the time of site plan review. The COR-2 zone applicable to the Port Quendall property allows not more than 2 dwelling units per acre bonus for each possible public benefit category provided there is a balance of height, bulk and density. Public benefits that may achieve a bonus include: continuous pedestrian access to the shoreline, an additional 25 ft. setback beyond the setback required by the Shoreline Management Act, establishment of view corridors, and provision of water-related uses. Although not directly a density bonus, additional height may be allowed in the COR-1 zone for providing public benefits including, continuous pedestrian access to the shoreline, provision of 5 affordable dwelling for every 50 units, an additional 25 ft. setback beyond the setback required by the Shoreline Management Act, or establishment of view corridors. Development review, including bonus requests, is through the site plan review process. ' In the King County system,the review of the bonuses is through the primary permit request for a development(e.g.subdivision or conditional use permit). If the development proposing the density bonus does not require either of these permits,then the density bonus is reviewed through an administrative conditional use permit process. Docket_CD_Density_Dec.doc 3 December 14, 2001 Comparison of Bonuses Offered in Other Jurisdictions While jurisdictions may utilize various methods to match bonuses to amenities, it is apparent that more highly sought features are awarded higher bonuses, as is shown in Table A. Also, some ordinances specify that a certain percentage of a bonus area should be related to a certain item (e.g. 75 percent of a bonus to be achieved through housing). TABLE A COMPARISON OF BONUSES OFFERED AMENITY/USE BELLEVUE KING COUNTY— SEATTLE (DOWNTOWN) COUNTYWIDE (DOWNTOWN) Arcade 4 to 8 s.f. of bonus area per 1 s.f. of arcade Awning 0.5 to 1 s.f. of bonus area per 1 s.f. of awning Child Care 8 s.f. of bonus area per 1 s.f. of bonus area per 1 s.f. of day care 0.000127 of child care slot Energy Conservation 0.15 bonus unit per unit that saves maximum space heat energy or provides non-electric heat source. 10 %above base density for developments within '/< mile of high frequency transit routes Hillclimb Assist, 0.5 FAR for each shopping corridor, or feature, regardless of transit tunnel station size Historic Preservation .5 bonus units per acre of historic site or 1,000 s.f. of building restored Housing 1 bonus market rate unit .75 to 1.5 bonus units 1 s.f. of bonus floor area for 1 affordable unit, up for each affordable unit per 0.19 to 0.076 s.f. of to 15% above the affordable housing maximum density Higher bonus for Very Low permitted in the Income,or Owner underlying zoning Occupied Moderate district. Income Households Market Rate Bonus Downtown Districts: 4 s.f. of bonus area per 1 s.f. of residential use. Landmark Performing 12 s.f. of bonus area for Arts Restoration and each 1 s.f. of performing Preservation arts theater space rehabilitated , 4160 Landscape 2 s.f. of bonus area per Improvements 1 s.f. of landscaping Docket_CD_Density_Dec.doc 4 December 14, 2001 AMENITY/USE BELLEVUE KING COUNTY- SEATTLE (DOWNTOWN) COUNTYWIDE (DOWNTOWN) 8 s.f. of bonus area per 1 s.f. of landscape feature (focal point and visual landmark) Marquee 2 to 4 s.f. of bonus area per 1 s.f. of marquee Non-Profit Social 4 s.f. of bonus area for 1 7 s.f. of bonus area per Services s.f. of social service 1 s.f. of human service space feature Open Space, Trails Public-3 to 8 s.f. of .5 to 2.5 bonus units per 15,000 s.f. per open and Parks bonus area per 1 s.f. of acre of park or open space amenity park. space or mile of trail (minimum of 5,000 s.f. in size) Private -4 s.f. of bonus Highest bonus for multi- area per 1 s.f. of active purpose trail. recreation area for tenants, or residential entry courtyard. Parking Underground -0.5 to 3 0.5 to 1 FAR(not Applicants may request s.f. of bonus area per 1 density)bonus for that gross floor area s.f. of underground structured parking below grade and parking accessory parking be exempt from FAR Under Residential calculations. Structure- 1 to 4 s.f. of bonus area per 1 s.f. of under structure parking Pedestrian-Oriented 100 to 200 s.f. of bonus Street Frontage area per 1 linear foot of Pedestrian Oriented Street Frontage Performing Arts Space 10 s.f. of bonus area per 1 s.f. of Performing Arts Space Plaza 4 to 8 s.f.of bonus area per 1 s.f. of plaza 2 to 10 s.f. of bonus area per 1 s.f. of enclosed plaza Public Meeting Rooms 2 s.f. of bonus area per 1 s.f. of meeting room Public Restrooms 4 to 8 s.f. of bonus area 7 s.f. of bonus area per per 1 s.f. of public 1 s.f. of restroom restroom Retail Food 2 s.f. of bonus area for 1 s.f. of retail food area Sculpture 5 s.f. of bonus area per 1 s.f. of sculpture `r- display area Docket CD_Density_Dec.doc 5 December 14, 2001 In Bellevue and Seattle, minimum sizes of bonus feature are often established, for instance, a minimum of 10,000 s.f. of park area must be donated to the City of Bellevue to obtain the bonus. RECOMMENDATIONS • Whether the density bonuses should be allowed for desired public benefits or whether the public benefits should be provided by the City or required of development? This is a policy issue. Existing policies direct that the City should provide an incentive system through bonuses. No changes are proposed at this time. It is worthwhile to note that the City has also provided numerous downtown amenities for the community including the Piazza and will be providing a public parking structure (currently in the construction bidding process). • How should bonuses be matched to public benefits, and should this have a bearing upon the development review process selected? The bonus maximum is already set through policies at 150 dwelling units per acre. The bonus process in other Renton zones does not precisely identify the square foot of a benefit in relationship to the number of additional dwelling units, and to do this would take a precise economic study as suggested in the background discussion above. The CD zone bonus system is proposed to be consistent with bonus systems in other zones. However, as a submittal requirement for projects requesting a bonus, the City could ask for an analysis of the cost of the providing the benefit versus the net potential revenue gain for additional dwellings. In any case, criteria specific to the density bonus request should be in addition to relying on the general Administrative Conditional Use Permit criteria. The criteria would address that bonuses can be achieved in return for providing, passive public recreation opportunities, public art, and public parking, consistent with Downtown Element policies. However, since the policy primarily 14.00 gives examples (and does not have a limitation) of public benefits in exchange for density, other "benefit criteria"are proposed:provision of ground floor retail space and condominium housing, high priority features that the City has established as evidenced by fee waivers for projects with ownership units, the future construction of public parking intended in part to support downtown retail, and other actions. • Whether the density level of 150 dwelling units per acre should be: 1) permitted; 2) permitted with bonuses allowed administratively subject to specific criteria, or 3) allowed subject to criteria and a discretionary permit(i.e. Administrative Conditional Use Permit)? Ideally, the bonus review system should be made consistent with the review system in other zones— the permit review process for the basic proposal (e.g. site plan review) would be the vehicle for reviewing the bonus request. However, there is the potential that through the site plan review process, the ability to limit the number of dwelling units within the range may not be possible since the purpose of site plan review is to basically review the arrangement of development on a site rather than address the use of a property. If there is a concern that the City would like the ability to deny the bonus density (as a use issue), the administrative conditional use process should be retained, with the suggested bonus criteria added as special administrative conditional use criteria for CD density bonus requests. The Technical Team recommends retaining the Administrative Conditional Use Permit process with the addition of criteria specific to the bonus request. A future docket item is recommended to address consistency of review procedures for similar permit requests across all types of requests. Docket_CD_Density_Dec.doc 6 December 14, 2001 REFERENCES Morris, Marya (September 2000). Incentive Zoning: Meeting Urban Design and Affordable Housing Objectives. Planning Advisory Service Report 494. American Planning Association. Chicago, Illinois. 4441100. Docket_CD_Density_Dec.doc 7 December 14, 2001 PROPOSED CODE AMENDMENTS *4410 4-2-120.B DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS: DEVELOPMENT STANDARD TABLE REVISIONS EXCERPT DOCKET ITEM -CD DENSITY DENSITY REQUIREMENT CD Minimum Housing Density 25 dwelling units per net acre.1-0 The minimum density requirements shall not apply to the subdivision, short plat and/or development of a legal lot 1/2 acre or less in size as of March 1, 1995. Maximum Housing Density 100 dwelling units per net acre.�� Density may be increased to 150 dwelling units per net acre subject to aAdministrative GConditional Use ap•roval Wilt. e 4-2-120.0 CONDITIONS ASSOCIATED WITH DEVELOPMENT STANDARDS TABLES FOR COMMERCIAL ZONING DESIGNATIONS: 10. 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 specifically authorized, the modification of building size, units per structure, or densities requires a legislative change in the code provisions and/or a Comprehensive Plan Amendment/Rezone. JEditor's Note: The unshaded edits above are consistent with the Policy-Team reviewed Development Standards Tables packet. The shaded edits are newly proposed as a result of this docket item.l 4-9-030 CONDITIONAL USE PERMITS: S, zs 8tr C3 6 f x` r4t i kz r ze x p „,k� 7 .. :. �.,..,.... a�kA.€.�..,kkL�,rxS�"S..cs, .,�k?v�. 9,.x......�..a..�Y��� _ ..,... ... 5..�_ .. s.�e....��'�, ,..�A.o.. • • ti >1 DECISION AND CONDITIONS: The governing authority may grant, with or without conditions, or deny the requested conditional use permit. The Zoning Administrator or Hearing Examiner shall have authority to grant the conditional use permit upon making a determination, in writing, that the use is consistent with subsection G of this Section, Decision Criteria. (Ord. 4404, 6-7-1993)The Zoning Administrator or Hearing Examiner may limit the term and duration of the conditional use permit. Conditions imposed by the Zoning Administrator or Hearing Examiner shall reasonably assure that nuisance or hazard to life or property will not develop. (Ord. 4584, 2-12-1996) Docket_CD_Density_Dec.doc 8 December 14, 2001 ..- 14L. CONDITIONAL USE PERMIT TO BE COMBINED WITH SITE PLAN REVIEW: Where a use or development requires review under RMC 4-9-200, Site Plan Review, the site plan review and administrative conditional use permit shall be combined. (Ord. 4404, 6-7-1993) '. FINALIZATION: (Reserved) Mhi EXPIRATION AND EXTENSION: See RMC 4-8-100H and I. 1,461 MODIFICATIONS TO APPROVED PLAN: (Reserved) 4-9-065 DENSITY BONUS REVIEW: (Editor's Note: Section D moved from Development Standards Tables/Notes. Procedure would largely codify basic practice of reviewing density bonus with primary permit for a development.1 A. PURPOSE: The purpose of the Density Bonus Review is to provide a procedure to review requests for density bonuses authorized in the Comprehensive Plan and Zoning Regulations. Density Bonuses are offered to meet the intent of the Comprehensive Plan policies, including but not limited to Land Use and Housing Element policies and the purpose and intent of the Zoning Districts. B. APPLICABILITY: 1. The Density Bonus Review is applicable in the Zones which specifically authorize density %N ' bonuses in RMC Chapter 4-2. 2. This Subsection of Chapter 4-9 contains Density Bonus Process regulations for the following zones: a. R-14; b. COR Zones 1 and 2; and C. REVIEW PROCESS: 1. Concurrent Review: Density Bonus Review shall occur concurrently with any other required land use permit that establishes the permitted densit and use of a site, including subdivisions, -8 1 " site plan review, and conditional use permits. ��'G u�r.�, ���. -� , � ` 1)A =` olav ar3r :• o establish the permitted density of a site, but includes a Density Plan Bonus request, the development proposal shall be reviewed under Administrative Site Review requirements. 2. Reviewing Official: The Reviewing Official for the required land use permit that establishes the `y- permitted density and use of a site shall also determine compliance with the Density Bonus Process. Docket_CD_Density_Dec.doc 9 December 14, 2001 3. Submittal Requirements and Fees: An applicant shall submit applications and fees in accordance with the requirements for the primary development application per RMC 4-8. D. REQUIREMENTS BY ZONE: The following table lists the conditions under which additional density or alternative bulk standards may be achieved. ZONE BONUS ALLOWANCES/REQUIREMENTS 1. R-14 Zone a. Density and Unit Size Bonus-Purpose The bonus provisions are intended to allow greater flexibility in the implementation of the purpose of the R- 14 designation. Bonus criteria encourage provision of aggregated open space and rear access parking in an effort to stimulate provision of higher amenity neighborhoods and project designs which address methods of reducing the size and bulk of structures. Applicants wishing such bonuses must demonstrate that the same or better results will occur as a result of creative design solutions that would occur with uses developed under standard criteria. b. Bonus Densities: Dwelling unit density may be increased from 14 units per net acre to a range of 15 to 18 units per net acre. Densities of greater than 18 units per net acre are prohibited. c. Bonus Dwelling Unit Mix/Arrangement: Dwelling units permitted per structure may be increased as follows: i. Dwellings Limited to 3 Attached:A maximum of 4 units per structure,with a maximum structure length of 100'. ii. Dwellings Limited to 6 Attached:A maximum of 8 units per structure with a maximum structural height • of 35',or 3 stories and a maximum structural length of 115'. d. Bonus Criteria: Bonuses may be achieved independently or in combination.To qualify for one or both bonuses the applicant shall provide either: i. Alley and/or rear access and parking for 50%of detached,semi attached,or townhouse units, or ii. Civic uses: • Community meeting hall, • Senior center, • Recreation center,or • Other similar uses as determined by the Zoning Administrator,or 141110 iii. A minimum of 5%of the net developable area of the project in aggregated common open space. Common Docket_CD_Density_Dec.doc 10 December 14, 2001 • ZONE BONUS ALLOWANCES/REQUIREMENTS open space areas may be used for any of the following purposes: • Playgrounds,picnic shelters/facilities and equipment,village greens/square,trails,corridors or natural. • Structures such as kiosks, benches,fountains and maintenance equipment storage facilities are permitted provided that they serve and/or promote the use of the open space. To qualify as common open space an area must meet each of the following conditions: • function as a focal point for the development, • have a maximum slope of 10%, • have a minimum width of 25',except for trails or corridors, • be located outside the right-of-way, • be improved for passive and/or active recreational uses, • be improved with landscaping in public areas, and • be maintained by the homeowners association if the property is subdivided,or by the management organization as applied to the property if the property is not subdivided. iv. Developments which qualify for a bonus shall also incorporate a minimum of 3 features selected from the improvements options as described below: • Architectural design which incorporates enhanced building entry features(e.g., varied design materials,arbors and/or trellises, cocheres, gabled roofs). • Active common recreation amenities such as picnic facilities,gazebos,sports courts, recreation center, pool,spa/iacuzzi. • Enhanced ground plane texture or color(e.g., stamped patterned concrete,cobblestone,or brick at all building entries,courtyards,trails or sidewalks). • Building or structures incorporating bonus units shall have no more than 75%of the garages on a single facade. • Surface parking lots containing no more than 6 `4411.0" parking stalls separated from other parking areas by landscaping with a minimum width of 15'. Docket_CD_Density_Dec.doc 11 December 14, 2001 ZONE BONUS ALLOWANCES/REQUIREMENTS • Site design incorporating a package of at least 3 amenities which enhance neighborhood character, such as coordinated lighting (street or building), mailbox details,address and signage details,and street trees as approved by the Reviewing Official. (Amd. Ord.4773,3-22-1999) 2. COR ZONES 1 AND 2 a. General Provisions Where included, affordable units must meet the provisions of housing element of the Comprehensive Plan. For COR 2, if a significant public benefit above City Code requirements can be provided for a portion of the property which may be contaminated,a transfer of density may be allowed for other portions of the site. b. COR-1 Bonus Density(Generally the Stoneway Bonus in COR 1:A bonus density of not more than 5 Concrete Site): dwelling units per acre may be allowed; provided there is a balance of height, bulk and density established through a floor area ratio system and/or a master plan to be decided at the time of site plan review. c. COR-2 Bonus Density(Generally the Port Bonus in COR 2:A bonus density of not more than 2 Quendall Site): du/acre for each provision may be allowed; provided there is a balance of height, bulk and density established addressing the following public benefits: i. Provision of continuous pedestrian access to the shoreline consistent with requirements of the Shoreline Management Act and fitting a circulation pattern within the site, ii. Provision of an additional 25'setback from the shoreline above that required by the Shoreline Management Act, iii. Establishment of view corridors from upland boundaries of the site to the shoreline, iv. Water Related Uses. If the applicant wishes to reach these bonus objectives in a different system,a system of floor area ratios may be established for the property to be determined at the time of site plan review as approved by Council. (Ord.4773, 3-22-1999) 410 Docket_CD_Density_Dec.doc 12 December 14, 2001 • ZONE BONUS ALLOWANCES/REQUIREMENTS t7 -r'i es i" .hver1 Pro St 3 f)tt' mi'itttt"ttr7 tt ugh BrAdte e: a t'avo i r it acre, • i?t'oy in $ ereatlorl T a tunttles rifilia 'Editor's Note: The unshaded edits above are consistent with the City Council Title IV packet. The shaded edits are newly proposed as a result of this docket item.1 • Docket_CD_Density_Dec.doc 13 December 14, 2001 DOCKET ITEM `... TITLE 4, CHAPTER 2 SCREENING DESCRIPTION/PURPOSE Renton requires that surface mounted equipment and roof top equipment be screened in all commercial zones and the R-14 Zone, presumably because some commercial uses are allowed in the R-14 Zone. The proposed Title 4 Development Standards Amendments currently under review by the City Council include extending these requirements to all multifamily zones, since surface mounted and rooftop equipment may be included in residential developments, or nonresidential uses allowed in the zone. However, there are two major zoning categories that are omitted: Single Family and Industrial zones. Outdoor loading, repair, maintenance and work areas are required to be screened in the R-14 Zone, and Commercial/Industrial zones except the CD and IH zones. The proposed Title 4 Development Standards Amendments currently under review by the City Council include extending these requirements to all multifamily zones since there may be nonresidential uses allowed in the zones where this requirement would be appropriate. It is understandable that in the CD zone where standards encourage full property utilization for structures and the lots are small, that there would be less chance of outdoor work areas associated with the permitted uses. On the other hand, in the IH zone where the purpose of the zone is allow for intensive industrial and manufacturing uses with potentially large outdoor areas, screening of these areas where they are in proximity to Residential zones may be appropriate. Renton's Site Plan Review criteria promote "effective" screening, but the review criteria are broad and apply to larger developments in certain zones. Developments in Single Family zones and the IH zone are typically exempt from Site Plan Review. While there are several larger issues that have been docketed with regard to screening, such as outdoor storage screening requirements, this docket report focuses on the following: 1. Should all zones be subject to screening requirements for surface mounted utility equipment? 2. Should screening of outdoor loading, repair, maintenance and work areas be required in the CD and IH zones where it is currently not required? 3. What does "screening" mean for surface mounted and rooftop equipment? COMPARISON OF REQUIREMENTS Many zoning codes contain performance standards for screening of equipment and outdoor work or service areas. The purpose is to reduce visibility of the equipment/areas from offsite locations, and to reduce noise. The City of Sumner, Washington requires in every residential, commercial and industrial zone that air conditioners, heaters, ventilating equipment, and other mechanical devices be screened from surrounding properties and operated to not disturb peace and quiet of neighboring residents. Specific methods of screening are not listed and are determined by the Reviewing Official on a case by case basis. The City of Redmond applies screening requirements for service areas (i.e. utility vaults, mechanical equipment, and waste receptacles) Citywide. General requirements are to locate these items/areas behind buildings, in the back of properties and away from highly visible areas. There are few specific requirements, except for rooftop mechanical equipment which is required to be screened from view by methods such as roof wells, clerestories, or parapets. Docket_Screening_Dec.doc 1 December 14, 2001 Bellevue applies mechanical equipment screening requirements Citywide. The City requires that mechanical equipment at grade be placed in the rear or side yard unless abutting residentially zoned *4110 property. At grade or rooftop equipment is required to be visually screened by a solid nonreflective visual barrier that equals or exceeds the height of the equipment. Depending on the location of the equipment, the City indicates that the visual barrier may consist of: • Architectural features such as parapets or mechanical penthouses • Walls or solid fencing • Vegetation and/or vegetation/fence combinations where the vegetation will be dense and provide full screening within two years. • Natural topography Where screening from above is needed, the City requires a solid, nonreflective roof (vents are possible) or painting of equipment to match or approximate the background against which the equipment is viewed. The Bellevue, Redmond and Sumner codes summarized above often apply standards based on the equipment type/activity, and are silent regarding the thresholds that trigger compliance for existing equipment/activities that do not meet the screening standards. Other regulatory provisions offer some guidance. For instance, Renton's parking regulations must be met for expansions of uses/buildings by 1/3. North Bend and Issaquah apply landscape regulations when a structure is being remodeled or expanded up to 50% of its value, but they exempt interior remodels. RECOMMENDATIONS • Surface Mounted Equipment: Because surface mounted utilities may be proposed in any development in any zone and screening from public view and residential areas is appropriate, it is recommended that the surface mounted screening requirement be extended to all zones. With regard to the industrial zones, an exemption would apply if the equipment is more than 100 feet from residentially zoned properties or public streets. Standards are proposed to define what "screened" means: 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. • Rooftop Equipment It is recommended that rooftop equipment in all zones be regulated including single family since nonresidential uses are allowed in the residential zones (e.g. institutional, religious, etc.), and since screening from public view and residential areas is desirable. For new construction, the range of screening options would include: Roof wells, clerestories, or parapets, walls, solid fencing, or other similar solid, nonreflective barriers or enclosures. For 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, "screening" may consist of painting the equipment to match the approximate color of the background against which the equipment is viewed, or an equivalent nonstructural method to reduce visibility. • Outdoor Loading, Repair, Maintenance and Work Areas It is recommended that the screening requirements be extended to all Commercial and Industrial Zones including CD and IH. The requirements only apply when the properties abut or lie adjacent to residential zones; there is flexibility in the requirements that may be imposed by the Reviewing Official; and variation of the requirements is possible through Site Plan Review or modification. • Thresholds for Compliance: New or replacement equipment/outdoor activities would be required to meet standards. The Renton Parking threshold and the North Bend/Issaquah thresholds are presented as options to address when screening requirements need to be met in the case of existing equipment/outdoor activities. Docket_Screening_Dec.doc 2 December 14, 2001 'Editor's Note: The unshaded edits below primarily move current screening requirements from the Development Standards Tables, and are consistent with the City Council Title IV Packet. The shaded edits are newly proposed as a result of this docket item.l 4-4-095 SCREENING: [Editor's Note: Relocates Use Table and Development Standard Requirements into one location.l A. PURPOSE: The purpose of this section is to provide standards for mechanical equipment and outdoor service and storage areas to reduce visibility, noise, and related impacts while allowing accessibility for providers and users. B. AUTHORITY AND APPLICABILITY: . a.J11."As 'Y^r' P �Y s r?8 iS Y aw 5a .:,�sx.�bl :Ste *s .�r3 x s '6 a ia•. e: BAN�w s° '? ¢R , " (,..' s ro', x ... aM ,? .. , shall determine compliance with these standards concurrently with any development permit review. 2. Uses and Activities Sub'ect to Standards: The uses and/or activities that are subject to these standards include surface mounted e•ui•ment, roofto• e•uipment, outdoor stora e, loadin re air, maintenance and work areas Specific applicability of the standards is indicated in Subsections C through F. 'ray ti a`�$L t" }P 3 e 1; 3 3 ..S ., ti p .71). r sL Oyyu .,„,„ 3 F Ftt'S a g; �y. F ,..m.,s...,..s:.. } p'' f.....,:. .da_..,L -z`..�.g .£_.�.. ,w� _....�.r,.,...),.,se ....t..k.... .�:.L�a£.�.��.,A�"..e�.. .dZ..��3.A # ��a6�.�..i.��S`.�a,..§ L�.�� } Ft2„✓:a.. wi.�d �,:�.�x,�' Y �..{�,..�,zL� s %; ; bpi.,k ._R 3 b .,...�,e..&A{,< .c.. 2 .:.Sa3. 1 E as f } a k t p Ei ffi �e �. � �i*.tt"l;; �'�� .�.�..�. $..�., .�' we39�. f�✓ <�`.CG �a° •.F .,, � �"' ��r�I���5� ��k}� } :l j{ :„; -s s` ' Docket_Screening_Dec.doc 3 December 14, 2001 C. SURFACE MOUNTED EQUIPMENT - "d"-=5 tq "? N1° '9Yr v ` 6 *400 • €° • 3 Ei`: All on-site surface mounted utility equipment shall be screened from public view <! t 3 r 'a 'r „+... lea rF '* a a 5 • e „e.a_ 6+. 2? ?I"!. 41)1 16 Y Yta 1 ' Id A 9 �,� 8,t � i.\:F2-.E- Y Sr:.?is k p �5 d Y?✓ \,�4gy✓ .4 anti. Y C K 3 YL n r P a:Y" fit_ P "s...3t"8.•Yi d"'t'Y"'Y i. Fa'l-v,K Sx n9�w n.„ hsw e..0.�t 1..t..a 4..".'i. _ a...x r:.P�,tV'..-"•'S,' Ae PflCt',Ft nJ,:.9.r .-R.,m_R�M..A:S" Ck,4zd.,.S Hrt.'.A'—",,ri D. ROOF-TOP EQUIPMENT :� -�'� �� z` ��' � � • All operating equipment located on the roof of any building shall be enclosed so as to be shielded from view, excludin• telecommunications equipment. � d �xt � .:a ::.> r.s a{6 ` .P a ,I`.: P a .�1A9 r ,g - w ._..�a. .t°tr.is 1...1• ��:4 `Lv i.:.$.`.d`°.4<�_• ,a i .d...c,� ..,� ..}.-,Z` E � �t�' k. w �..F..�...� 51C.•a�R�..:d. f.4 ^ `w i 0,2 $„' q fiL�FA yf �L b�S q �1&E h d` at9.cda ��� v v �l Yz rat r� �� Yc��dt Yit§t xd�t � �ty r 2 .3aai -` 4 r R,Lad>J:s"A,RA ,'?�@ ApA&..G`s f�,h:.RF�`?'Art-A-A13 •1R:e�'+�.;,.ts.M.,fla .ext^4.R...,1.,f 'mL-k ntR ti.h:R^4A.:As�3;•at'1.sx.:@es A`4F�Se.�e�'�,i9sadd:Ao.�. E. OUTDOOR STORAGE, LOADING, REPAIR, MAINTENANCE AND WORK AREAS: 1. • Multi-Family Zones. When permitted by the underlying zone, loading areas shall be *060 screened by a solid barrier fence or landscaping, or some combination thereof as determined by the Reviewing Official, through the site plan review process. [Editor's Note: General measure would now apply in all multi-family zones, not just R-14. Limited to loading since outdoor storage/repair not specifically allowed in residential zones.l 2. Outdoor Loading, Repair Maintenance and Work Areas — Commercial and Industrial Zones : When uses are permitted by the underlying zone, screening is not required, except when the subject commercial or industrial lot abuts or is adjacent to a residential-zoned lot i.e. RC R-1 R-5 R-8 R-10 R-14 RM then a fence, or landscaping, or a landscaped berm, or a combination thereof is required as determined by the Reviewing Official to achieve adequate visual or acoustical screening. These provisions may be modified by the Reviewing Official through the site plan review process, or the modification process for site-plan exempt proposals, where the applicant can show that the same or better result will occur because of creative desi•n solutions unisue as•ects or use, dam ttg e etc: that cannot be full antics•ated at this time. . ���,,I .�� 3.i"5?=•1' a7 -»-.�. Stid"i dYaai l'a "Y�.l Ytt a'"4..;�"e3d.3 .�-'?.,y Y-Y.n �S4 1 { d f@'?°'ck .� d" u ✓' '3 1.' 1 IDV;11:1al .3' A'. ..."¢ i&.^d»�..65...,kR'v.1 R.S.. Yai a^-:r.aa,2,141 _�✓�.rYv':e'E s�cea�.. z.�v t..•01,1x� `_�$Y .r v�3'3�... ay ' '•8t`.°rv: '�.�dk�..aa.eb...A...P.dXeCA...�8adk..ea.A.,sz.S.Ex.dR'Az.�..,,&a.szt....t.,.. III PbA.k m �6-' TY.W.d i:Lgtiill A.:Rmd7.d.^..I-.kdSd.6r.G.,t6A%�.:d. ...1.. t�Se 3. Outdoor Storage — Commercial or Industrial Zones. When permitted by the underlying zone, outdoor storage must be screened from adjacent or abutting prgperties and public rights-of-way. Outdoor storage uses shall provide fences, berming, and/or landscaping as determined by the Reviewing Official to achieve adequate visual or acoustical screening. Products or materials covered by buildings with roofs but without sides shall be considered outside storage and subject to the screening provisions of this Section. Exterior sales of autos, boats and motorcycles are not considered outdoor storage. [Editor's Note: This Docket_Screening_Dec.doc 4 December 14, 2001 general measure will apply to outdoor storage where it is permitted in the Use Table. Additional specific requirements are further listed below. Address Outdoor Storage standards as a docket item generally.) a. Special Accessory Outdoor Storage Requirements, Industrial Zones: In addition to the screening outlined in subsection "3", screening shall consist of an existing structure, a solid wall or sight-obscuring fence a minimum of six feet(6') in height up to a maximum of ten feet (10') or as required by RMC 4-4-110, Bulk Storage Facilities. Outside storage shall not be permitted in any required setback area. [Editor's Note: Moved from Use Table Note 87.1 b. Special Non-Accessory Outdoor Storage Requirements, Industrial Zones: In addition to the screening outlined in subsection limited to fifteen feet (15') in height or one stor .. Editor's Note: Moved from Use Table Note 263. a .,..F."wq i .eft F4 9xoo• f • •A c. Vehicle Storage Screening, CA Zone: Fencing, berming, enclosing walls and landscaping, as determined by the Reviewing Official, sufficient to achieve substantial visual and acoustical screening, shall be provided to screen adjacent and abutting properties, public rights-of-way and limited right-of-ways. [Editor's Note: Recently adopted Vehicle Storage Screening requirements.) F. 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. [Editor's Note: Moved Note 181 from Use Notes.) G. VARIANCES: A variance to standards that are not otherwise allowed to be altered '# . in accordance with Subsection C through F _ = r,._r ma be sought pursuant to RMC 4-9-250. d H. APPEALS: See RMC 4-8-110. 4-9-200.F. ADDITIONAL REVIEW CRITERIA FOR LEVEL I SITE PLANS: 1. Review of Impacts to Surrounding Properties and Uses: a. Mitigation of undesirable impacts of proposed structures and site layouts that could impair the use or enjoyment or potential use of surrounding uses and structures and of the community; b. Mitigation of undesirable impacts when an overscale structure, in terms of size, bulk, height, and intensity, or site layout is permitted that violates the spirit and/or intent of the Zoning Code and impairs the use, enjoyment or potential use of surrounding properties; c. Provision of a desirable transition and linkage between uses and to the street, utility, walkway, and trail systems in the surrounding area by the arrangement of landscaping, fencing and/or other buffering techniques, in order to prevent conflicts and to promote coordinated and planned benefit from, and access to, such elements; d. Consideration of placement and scale of proposed structures in relation to the natural "m' characteristics of a site in order to avoid overconcentration of structures on a particular Docket_Screening_Dec.doc 5 December 14, 2001 t portion of a site such that they create a perception of greater height or bulk than intended under the spirit of the Zoning Code; e. Effective location, design and screening of parking and service areas in order to promote efficient function of such facilities, to provide integrated facilities between uses when beneficial, to promote "campus-like" or "park-like" layouts in appropriate zones, and to prevent unnecessary repetition and conflict between uses and service areas or facilities; f. Mitigation of the unnecessary and avoidable impacts of new construction on views from existing buildings and future developable sites, recognizing the public benefit and desirability of maintaining visual accessibility to attractive natural features and of promoting"campus-like"or"park-like" settings in appropriate zones; g. Provision of effective screening from public streets and residential uses for all permitted outdoor storage areas (except auto and truck sales), for surface mounted utility equipment, for rooftop equipment, and for all refuse and garbage containers, in order to promote a "campus-like" or "park-like" setting where appropriate and to preserve the effect and intent of screening or buffering otherwise required by the Zoning Code; h. Consideration of placement and design of exterior lighting in order to avoid excessive brightness or glare to adjacent properties and streets. 4-11-040 DEFINITIONS D: DEVELOPMENT PERMIT: Written permission after appropriate review for type of application from the appropriate decision-maker authorizing the division of a parcel of land, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure, utility, or any use or extension of the use of the land. (Ord. 4835, 3-27-2000) 11.00 4-11-120 DEFINITIONS L: 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 reviewing official. (Ord. 4854, 8-14-2000) LANDSCAPED VISUAL BARRIER: Evergreen trees, and/or evergreen shrubs providing equivalent buffering, planted to provide a year-round dense screen within three (3) years from the time of planting. (Ord. 4715, 4-6-1998) LANDSCAPING: The addition-to landinstallation of natural lawns, trees, shrubs, flowers, rockeries ground cover and similar items to enhance a property's its-attractiveness and/or prevent erosion. (Ord. 4517, 5-8- 1995) • ;w/et Docket_Screening_Dec.doc 6 December 14, 2001 DOCKET ITEM TITLE 4, CHAPTER 2 R-10 DWELLING MIX AND SHORT PLATS DESCRIPTION/PURPOSE In the R-10 zone, a mix of dwelling types is required. One detached or semi-attached (attached at non- living space portions of the buildings) unit must be provided for each attached dwelling allowed. Up to four dwellings may be attached in a single structure. Only one structure is allowed per lot. The maximum density equals 10 units per acre when there is a mix of attached, semi-attached and detached structures, but a density of 13 dwelling units per acre is allowed if all units are detached. Exemptions from the dwelling mix requirement are allowed for lots less than 1/2 acre or for short plats. Short plats are typically defined as plats with 4 or fewer lots, but Renton modified the short plat threshold consistent with State law to 9 or fewer lots. The exemption of short plats from dwelling mix requirements was in place in Ordinance 4502 dated March 13, 1995, while the change in the number of lots qualifying as a short plat was changed in Ordinance 4522 dated June 9, 1995. Although the ordinances were adopted relatively close in time, staff questions whether the issue of the R-10 dwelling mix exemption was considered when the short plat threshold was changed. The purpose of this docket report is to evaluate the R-10 dwelling mix exemption in light of the short plat threshold of up to 9 lots. ISSUES ..- The R-10 zone implements the Residential Options Comprehensive Plan land use designation. Policies promote a variety of structure types, detached, townhouse, and multi-family, compatible with a single- family character (Policy LU-41). The 50% cap on attached units is also referenced in Policy LU-54, but no exceptions are specifically listed. The intent behind exempting small lots and short plats was likely to encourage infill development, allow for a mix of dwellings in an already developed higher density single family or commercial area, and to recognize that some small R-10 properties are located in areas where a predominant land use pattern consists of multi-plex dwellings (e.g. duplex)such as in the Highlands. Reviewing the worst-case scenario, with a 9-lot short plat and the dwelling mix exemption, it may be possible to achieve 36 attached dwellings assuming 4 attached dwellings per lot. A total of 3.6 net acres would be needed to meet density requirements. If the dwelling mix requirements applied to short plats greater than 4 lots in size, and 9 lots were proposed, only 16 attached units would be possible. Allowing 36 dwellings in a single R-10 development would not meet the intent of the zone to provide a mix of dwelling types and protect single-family character. RECOMMENDATIONS • Exempt 4-lot short plats from dwelling mix requirements instead of 9-lot short plats. Now Docket R10 Mix Dec.doc 1 December 14, 2001 DWELLING UNIT MIX R-10 General Existing development: None required. For parcels which are a maximum size of 1/2 acre as of the effective date hereof(3-13-1995), 'n Mort plats of 4alotso°r';tess: None required. Full subdivisions and/or development on parcels greater than 1/2 acre, `, rsf Each development of new ..^^^1,, i bets which are greater than 1/2 acre: A minimum of 50% to a maximum of 100% of detached or semi-attached dwelling units. A minimum of one detached or semi-attached dwelling unit must be provided for each attached dwelling unit (e.g., townhouse or flat)created within a proposed development. A maximum of 4 units may be consecutively *4404 4,4-9 attached• Notes: 4. 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 specifically authorized, the modification of building size, units per structure, or densities requires a legislative change in the code provisions and/or a Comprehensive Plan Amendment/Rezone. The environmental, aquifer, and airport regulations and site plan review residential building. JEditor's Note: The original condition applies in any case. The added language clarifies that"variances" are not considered for"use" items.' 19. The goal of the R 10 Zone is to permit a range of detached, semi attached and attached dwelling A maximum of 4 units may be (Amd. Ord.4773, 3-22-1999) 'Editor's Note: First two sentences are found in purpose of Zone. Last sentence moved to table.' 'Editor's Note: The unshaded edits are consistent with the City Council Title IV packet. The shaded edits are newly proposed as a result of this docket item.' Docket R10 Mix Dec.doc 2 December 14, 2001 DOCKET ITEM TITLE 4, CHAPTERS 2 AND 4 GREEN RIVER VALLEY LANDSCAPING DESCRIPTION/PURPOSE The Renton Municipal Code requires that any development in the Green River Valley (map in RMC 4-4- 070) provide 2%of the total site area for landscaping suitable for wildlife habitat; this is in addition to other required landscaping. The requirement is based on a negotiated mitigation agreement between the City and the Federal Soil Conservation Service (now called Natural Resources Conservation Service). This agreement was included in the code in 1983 according to the Renton Municipal Code Ordinance Table although the agreement was probably reached several years prior. It may be possible that due to the habitat areas set aside to date and the preparation of the recent East Side Green River Watershed Plan, the City may be able to terminate the older agreement. Issues to review in a future work program include whether the City has met the prior agreement terms, whether the City requires the current agreement or a new agreement in order to obtain Natural Resource Conservation Service funding, etc. (personal communication, Ron Straka, November 21, 2001). However, in the meantime the 2% requirement remains. In 1994, an applicant asked if it was possible to count drainage swales towards the 2% Green River Valley landscaping requirements. In a memo dated February 10, 1994, Gregg Zimmerman, Planning/Building/Public Works Administrator determined that: Although a drainage swale's primary purpose is the disposal of stormwater, it may also be able to provide valuable wildlife habitat, if areas on the swale can be planted with vegetation suitable for habitat. The determination was based upon three factors: the King County Surface Water Design Manual allows/encourages swales to be planted with wetland vegetation, drainage swales if designed properly do not result in pockets of standing "contaminated"water, and in any case, wildlife can thrive in areas where clean water is stored or processed (e.g. City of Everett wastewater lagoon oxidation ponds). The determination was intended to be codified, and, therefore, this Docket report addresses the issue. ISSUES The primary issues relate to timing of the proposed code amendment: Should the provision be codified or remain an administrative determination because 1) the determination relates to a specific type of landscape feature, and potentially, there may be other landscape features serving multiple purposes; 2) the City will be amending its Critical Area Regulations in light of the Endangered Species Act, and this amendment could be postponed to be included with a broader set of code amendments; 3) a new agreement may be negotiated with the Natural Resource Conservation Service which either terminates or amends the prior agreement? RECOMMENDATIONS • The administrative determination is simple to codify, and a proposal is presented for consideration. In early November 2001, the Title 4 Technical Team met to discuss the recommendations, and concurred with proposing the amendments now. Docket Green River Dec.doc 1 December 14, 2001 RMC 4-2-120A, 120B, and 130A, Applicable to CA, CO, IL, IM, and IH zones Special Requirements for Properties Located within the Green River Valley Planning Area In the Green River Valley, an additional 2% of natural landscaping is shall-be required for developed sitcs as per the Soil Conservation Service Environmental Mitigation Agreement. These areas should not be dispersed throughout a site, but should be aggregated in one portion of the •ro•ert . Where sossible, the required 2% landsca•in• for adjacent •ro•erties should be contiguous. °ud Ci'6Yra e�4L I cd� )c . ' 't 6 )e) e atioa e 1 t, ti 946Aliff, �' �' 5` U, Y4',.40 t4 'G1.C;c�€ 01 ,': & .6^Zffi �. ��t m�0 It, `¢ls ( ,,. �iG1pee",`c 9 " ae)e' e'+1�",i"®� .�.a� � _ See RMC 4-4-070.D.6, Green River Valley Landscaping Requirements. RMC 4-4-070 6. Green River Valley Landscaping Requirements: Any development in the Green River Valley shall provide a minimum of two percent (2%) of the total site for landscaping suitable for wildlife habitat. These areas should not be dispersed throughout a site, but should be aqqreqated in one portion of the property. Where possible, the required 2% landscaping for adjacent properties should be contiguous. This landsca•in• is in addition to an other landsca•in• re•uirements b this Section or an other re•ulation 9a1. J. Sys 131 a i v e ee c � • :4n •. �'��'���'.��.� a fe al � �'� � �v -�y ��f. �.�i6al� .�` � � 't '���.o ������a� p i` a ®c e wF'.FA:LLU, ➢0 a 6tr .a tle. .L . '.0 . d :...; SIVAPEa6'. ..,'Sz°,"Y`.d' ...'�.�i.".f.a'.& e(16...,'" a G e R 0, &f i".`.r 1 1 e?•;1 -9 he ` : ,e " 0 0: e 0>j:* , e : r ;_ The following map depicts the boundaries of this area. 'MAP IN CODIFIED VERSION' !Editor's Note: The unshaded edits are consistent with the December 11, 2001 Title IV document being presented to the City Council. The shaded edits are newly proposed as a result of this docket item.' AVIO Docket Green River Dec.doc 2 December 14,2001 TITLE 4 DOCKET CONSISTENCY OF RESIDENTIAL ZONE LISTS TO APPLY STRICTER DEVELOPMENT STANDARDS PURPOSE/ISSUES When a development standard, such as greater landscaping/setbacks or lesser height, is applied due to presence of abutting (shared property lines)or adjacent(across street or alley) residential zones, the "list" of zones varies at times. Usually the Resource Conservation (RC) and Residential Multifamily (RM) zones are not fully listed. Therefore the special "compatibility" standards do not apply. Some residential zones may have been omitted intentionally, or perhaps did not abut or lie adjacent from the subject multifamily/commercial/industrial zones at the time the regulations were prepared. However, through rezones this may change over time. At issue is how to address the compatibility of higher intensity multifamily, commercial, or industrial development with single family or multi-family uses: through direct standards or site plan review. In most cases, the recommendations of this report include extending the modified setback, landscaping, and height development standards to the RC and all RM zones. The key issue with regard to adding the RC zone to the "special compatibility list" is that much of RC property is publicly owned or is separated from the higher intensity zones (particularly CO, IL, IM, IH). Given the limited ability to develop, it may not always make sense to add the RC zone to the list of residential zones that receive greater"protection". However, screening of outdoor storage and repair and loading docks may be appropriate when the RC zone abuts or lies adjacent, if there would be public ,,•,, views from or public use of the RC property. It may also be appropriate to add the RC zone when abutting or adjacent to commercial zones since the RC zoned land is not always publicly owned, nor separated by topography. With regard to the RM zones, the key concern is whether modified setback, landscaping, or height requirements should be applied to the commercial or industrial zones that abut or lie adjacent to the RM- N, RM-C, and RM-U zones since these higher density multifamily zones are intended to be more urban in character, particularly RM-U, and to support the mixed-use centers. Within the mixed use centers (CD, CN, CS) there may be mixed residential and commercial projects, and the residential development in these centers would be expected to be more urban in character than even the surrounding multifamily only zones (RM-U, RM-C, RM-N). Although the RM-U, RM-C, and RM-N zones support the mixed use centers, they are intended to provide a more residential atmosphere than the centers themselves. RECOMMENDATIONS The basic recommendation is as follows: • Include the RC zone and the full range of RM zones as zones receiving special standards from adjacent/abutting zones, except: - Do not add RM-U to the list of zones that benefit from special standards when adjacent to the CD zone. If the RM-U zone is already listed, then retain. - Do not add the RC zone to the list of zones that benefit from greater yards or landscaping when abutting the CO, IL, IM, or IH zones, since in most cases, the RC zone is separated by steep topography from these zones, consists of a wetland bank, and/or is publicly owned. Therefore future development is unlikely, and if it occurs, can be addressed through site plan review. However, the RC zone is added to the list of zones that trigger screening of outdoor Docket Residential Zone Dec.doc 1 December 14, 2001 storage/maintenance and work areas since there may be public use of the natural areas for education or conservation. These areas should be screened from public view. • Where appropriate, clarify that the special setback or landscaping requirements are applied to the portion of the lot that is adjacent or abutting, and not to all sides/portions of the lot. • As a future docket item, address special height requirements and whether the special height standards should apply to the whole lot or just the portion abutting/adjacent. To date, it has generally been interpreted that the special height standards apply to the whole lot. This may be an issue for larger developments. Table A summarizes the various requirements that are modified when residential zones abut the higher intensity multifamily, commercial or industrial zones. Recommendations are included. Tables B and C list which residential zones currently abut or lie adjacent from the various higher intensity multifamily, commercial, and industrial zones. 'wry NIS Docket Residential Zone Dec.doc 2 December 14, 2001 TABLE A CONSISTENCY OF ZONES REQUIREMENTS BASED ON ADJACENT OR ABUTTING RESIDENTIAL ZONES REQUIREMENT RMC ZONE RESIDENTIAL LIST RECOMMENDATION TITLE 4 UPDATE FOR DOCKET PROPOSAL 1. Minimum Front 4-2-110.F R-14 Greater setback for primary No change to list.' and Side Yard structure when adjacent to Relates to lower "lower intensity residentially intensity zones. zoned property" (interpretation in Title 4 Update- RC, R-1, R- 5, R-8, and R-10). 2. Minimum Rear 4-2-110.F RM-U Greater setback when abutting No change—range is Yard single family zones RC, R-1, comprehensive with R-5, R-8, and R-10. regard to single family zones. Although the RM-U zone currently does not abut single family zones, if it should in the future, the requirement would be appropriate. 1 3. Landscaping 4-2-110.F RM Wider landscaping when No change; continue abutting RC, R-1, R-5, R-8, Title 4 proposal.' and R-10 (in Title 4 Proposal - Relates to single interpreted to be abutting, not family zones. R-14 is a adjacent). multifamily zone. RM setbacks required to be landscaped except RM-U. RM setbacks (except RM-U) are greater than or equal to R-14 setbacks. 4. Minimum Rear 4-2-120.A CC, CN, CS, Wider yard when adjacent or Add RC. Add all RM or Side Yard CA abutting R-1, R-5, R-8, R-10, zones, not just RM-I. R-14, or RM-I. All RM zones have yard requirements, whereas many of the commercial zones do not. The particular commercial zones are not urban in character like CD zone, but their heights equal or exceed the heights of most RM zones (except RM-U), and some activities allowed may be intrusive (e.g. outdoor retail in CA Nos, zone).' Docket Residential Zone Dec.doc 3 December 14, 2001 REQUIREMENT RMC ZONE RESIDENTIAL LIST RECOMMENDATION TITLE 4 UPDATE FOR DOCKET PROPOSAL 5. Minimum 4-2-120.A CC, CN, CS, Wider when adjacent to Add RC. Add all RM Landscape CA property zoned residential, R- zones, not just RM-I. Width 1, R-5, R-8, R-10, R-14, or See analysis above RM-I. (#4).' 6. Maximum 4-2-120.A CS (after Lower height when abutting Consider adding RMH, Building Height Title 4 lots zoned R-8 or R-10. R-14, RM-I, and RM-C changes are which abut the CS made, only zone. Height applicable difference is 5 feet less zone) than regular standard, and would promote compatibility. 7. Maximum 4-2-120.A CN, CS, CA CUP criteria for additional Add RC and all RM Building Height height-when a building in zones. If asking for excess of the maximum height additional height, is proposed adjacent to or these zones should be abuts a lot designated R-1, R- considered as well. 5, R-8, R-10, R-14 or RM-I then greater setbacks required. 8. Minimum 4-2-120.A CC, CN, CS, Screening required when Continue Title 4 Screening (Moved to CA abutting or adjacent to lots proposal to add RC Required for proposed 4- zoned RC, R-1, R-5, R-8, R- and all RM zones. Outdoor, 4-095 in Title 10, R-14, or RM (Title 4 Outdoor work areas Loading, 4 Update) proposal adds RC and all RM should be screened Nod Repair, zones in comparison to from all residential Maintenance or current code). properties. Work Areas 9. Loading Dock 4-2-120.A CC, CN, CS, Not permitted when adjacent Add RC zone. Location CA or abutting property zoned R- Consider adding all 1, R-5, R-8, R-10, R-14, or RM zones, unless RM-I. adjacent across alley in RM-U.' 10. Minimum Rear 4-2-120.B CD Required when CD lot is No change to list.' Yard adjacent to a lot designated Translate Residential on the City Comprehensive Plan Comprehensive Plan (as list to zoning list for zoning is applied, then R-8; ease of interpretation. RM-U not zoned residential on Comprehensive Plan -all Center Downtown) 11. Minimum Rear 4-2-120.B CO None required except when Although RC zone or Side Yard abutting or adjacent to R-1, R- abuts or lies adjacent, 5, R-8, R-10, R-14, or RM-I. no change is proposed because the RC zone is separated from the CO zone by steep topography, consists of a wetland bank, and/or is publicly owned. Therefore future development is Docket Residential Zone Dec.doc 4 December 14, 2001 REQUIREMENT RMC ZONE RESIDENTIAL LIST RECOMMENDATION TITLE 4 UPDATE FOR DOCKET PROPOSAL unlikely, and if it occurs, can be addressed through site plan review. Add all RM zones, since CO zone is more intensive than even RM-U.' 12. Minimum 4-2-120.B CO Required when adjacent to .Although RC zone lies Landscape property zoned R-1, R-5, R-8, adjacent, no change is Width R-10, R-14, or RM-I. proposed as is noted above(#11). Consider adding all RM zones. CO zone is more intensive than even RM-U.1 13. Minimum 4-2-120.B CD When abutting property zoned The CD zone does not Landscape R-1, R-5, R-8, R-10, R-14, currently abut the RC, Width RM-I or RM-U. RM-N or RM-C zones, but add them to the list for consistency. 1 14. Minimum 4-2-120.B CO When abutting property zoned Although RC zone Landscape R-1, R-5, R-8, R-10, R-14, or abuts, no change is Width RM-I. proposed as noted above (#11). Consider %No adding all RM zones. CO zone is more intensive.' 15. Maximum 4-2-120.B CD, CO When a building is abutting Add RM-U when Building Height (changed to abutting instead abutting CO zone due of adjacent in the Title 4 to CO zone intense update)a lot designated as development Residential on the City standards. Don't add Comprehensive Plan the RM-U to CD zone list building height is reduced - since has the same interpreted to include property height as the CD zone. zoned RC through R-8, R-10, Translate R-14, RM-I, RM-N, RM-C Comprehensive Plan (excludes RM-U designated list to zoning list for Center Downtown in ease of interpretation. Comprehensive Plan). 16. Maximum 4-2-120.B CD CUP criteria for additional No change. CD and Building Height height-when adjacent to a lot RM-U intended to be designated residential on the urban with minimal City Comprehensive Plan, setbacks. RM-U height then setbacks shall be same as the CD zone. equivalent to the requirements Translate of the adjacent residential Comprehensive Plan zone (as zoning is applied, list to zoning list for then R-8; RM-U not zoned ease of interpretation. residential on Comprehensive Plan - all Center Downtown) Docket Residential Zone Dec.doc 5 December 14, 2001 REQUIREMENT RMC ZONE RESIDENTIAL LIST RECOMMENDATION TITLE 4 UPDATE FOR DOCKET PROPOSAL 17. Minimum 4-2-120.B CO Required when property abuts Continue with Title 4 Screening (Moved to or is adjacent to a residential- proposal. Regardless Required for proposed 4- zoned lot RC, R-1, R-5, R-8, of the ownership of the Outdoor 4-095 in Title R-10, R-14, or RM (RC and all RC property that abuts Loading, 4 Update) RM proposed in Title 4 or lies adjacent, these Repair, Update). areas should be Maintenance or screened. There may Work Areas be public use of the natural areas for education or conservation. These areas should be screened from public view.' 18. Loading Dock 4-2-120.B CO Not permitted when adjacent Regardless of the Location (Moved to or abutting property zoned R- ownership of the RC proposed 4- 1, R-5, R-8, R-10, R-14, or property that abuts or 4-095 in Title RM-I. lies adjacent, loading 4 Update) dock location should be considered. There may be public use of the natural areas for education or conservation. These areas should be *SO screened from public view. Add all RM zones, unless adjacent (across alley)from RM-U.' 19. Minimum Front 4-2-130A IL, IM Greater width when adjacent Add RMH since it Yard or abutting lots zoned R-1, R- abuts IL zone. RC 5, R-8, R-10, R-14, or RM-I zone also abuts or lies adjacent to IL and IM zones, but not proposed for addition since the RC zone is separated from the zones by steep topography, consists of a wetland bank, and/or is publicly owned. Therefore future development is unlikely, and if it occurs, can be addressed through site plan review. Add all RM for consistency.' NistO Docket Residential Zone Dec.doc 6 December 14, 2001 REQUIREMENT RMC ZONE RESIDENTIAL LIST RECOMMENDATION TITLE 4 UPDATE FOR DOCKET PROPOSAL 20. Minimum Rear 4-2-130A IL, IM, IH Greater width when adjacent Add RMH since it and Side Yards or abutting lots zoned R-1, R- abuts IL zone. RC 5, R-8, R-10, R-14, or RM-I. zone also abuts or lies adjacent from all industrial zones, but not proposed for addition as noted above (#19). Add all RM for consistency.' 21. Minimum 4-2-130A IL, IM When abutting property zoned Add RMH since it Landscape R-1, R-5, R-8, R-10, R-14, or abuts IL zone. RC Width RM-I. zone also abuts or lies adjacent to IL and IM zones, but not proposed for addition as noted above (#19). Add all RM for consistency.' 22. Minimum 4-2-130A IH When abutting property zoned No change to list.' Landscape RC, R-1, R-5, R-8, R-10, R- Width 14, or RM. 23. Minimum 4-2-130A IL, IM When adjacent to property RC zone lies adjacent Landscape zoned R-1, R-5, R-8, R-10, R- to IL and IM zones, but Width 14, or RM-I not proposed for addition as noted above (#19). Add all RM for consistency. 24. Minimum 4-2-130A IL, IM Required when property abuts Continue with Title 4 Screening (Moved to or is adjacent to a residential- proposal, plus add Required for proposed 4- zoned lot RC, R-1, R-5, R-8, RMH. Regardless of Outdoor 4-095 in Title R-10, R-14, or RM (RC and all the ownership of the Loading, 4 Update) RM proposed in Title 4 RC property that abuts Repair, Update). or lies adjacent, these Maintenance or areas should be Work Areas screened. There may be public use of the natural areas for education or conservation. These areas should be screened from public view.' 25. Loading Docks 4-2-130A IL, IM Not permitted adjacent to or Add RMH since it (Moved to abutting a residential zone, R- abuts IL zone. Add RC proposed 4- 1, R-5, R-8, R-10, R-14, or zone. Regardless of 4-095 in Title RM-I the ownership of the 4 Update) RC property that abuts or lies adjacent, these areas should be screened. There may be public use of the natural areas for education or Docket Residential Zone Dec.doc 7 December 14, 2001 REQUIREMENT RMC ZONE RESIDENTIAL LIST RECOMMENDATION TITLE 4 UPDATE FOR DOCKET *4100 PROPOSAL conservation. These areas should be screened from public view. Add all RM unless across alley from RM-U.1 26. Special Sign 4-4-100.E.5.i CO (also Within One Hundred (100) Add RC and all RM Requirements some uses in Feet of a Lot Zoned R-1, R-5, zones. The sign for Specified IL, IM, IH) R-8, R-10, R-14, and RM-I. requirements are Uses intended to reflect that certain commercial/ service uses primarily support the employees in the office/industrial uses. Reduced signage is appropriate, even towards public RC properties which may be publicly accessible in parts. 27. Site Plan 4-9-200.D Commercial A hearing is required when Intended to address Review any commercial property the primarily single development is adjacent to or family zones. No abuts the following residential change proposed. zones: RC, R-1, R-5, R-8 and *40 R 10. 28. Definition of 4-11, All applicable RESIDENTIALLY ZONED No change proposed Wireless Definitions W PARCEL: Any parcel or to retain intent of Communication property with one of the wireless Facilities- following zoning designations: communication Terms Related Resource Conservation (RC), regulations crafted to to Residential-1 DU/AC (R-1), balance need for Residential-5 DU/AC (R 5), facilities in more Residential-8 DU/AC (R-8), intensely developed Residential-10 DU/AC (R-10), multifamily, and Residential-14 DU/AC (R commercial and 14). industrial zones. Note: ')As a general rule,ensure that it is clarified that the special requirement is applied to the portion of the lot (e.g.the yard)that is adjacent or abutting the listed zones. IMO Docket Residential Zone Dec.doe 8 December 14, 2001 P ce U z U > > W z O N 0 J 2 > `I, > > > > > > ON H z W _ r-. at U) I c6 .at > > 0 U z Q N 17-m » > N m Q c(I) 'wr W N 0 mIII Z 0 o H 0 7 > > > > > > > > > > N . W �... L) D .� o x ce » » » » » > a 2 o 0 0 z a U, Q C > N U L. e W 2 _ L » 'd 0 u_ U 0 d _ a� Q � �I » o, o c c N I o N - 0 o o b H Z 14. D U m 4I a ficececta000UUUUJ _ = z 110 P Ng > >I.I. U E > > > > ce z w > > z C4 0 N J '8 1-• 2 ) > > » » > oN z Q w o N O N w I C o ce ca N U U 1- Q Z Q) w .:ii > > Cl) U O C w Q N *4601 O Jm w C N < Z > > » > , > N `.- w P IO , n U 2 > > ii -d Q 4O U C) N co 1 o c N C N ` I— o z W W .N QO co -, N CO < T2222ZcnoOQOU o 0 ri w ce re Q Q Q Q Q U 0 U J g = Z DOCKET ITEM TITLE 4, CHAPTER 10 NONCONFORMING USES DESCRIPTION/PURPOSE Zoning ordinances regulate the dimensions, locations, and types of uses in a community. Uses that do not conform to the zoning class system impede the goals of zoning regulations. However, uses or structures that were legally established in accordance with the development regulations in effect at the time they were constructed or instituted have a vested right to continue as nonconforming uses. There is a continuum of regulatory approaches addressing how a nonconforming use may change, expand, or rebuild. (Dennison 1997) The purpose of this Docket report is to propose amendments to the Renton Municipal Code that address the following nonconforming structure and use issues: • Allow single family residences destroyed by fire to be restored even if they became nonconforming prior to 1993 (Council decision regarding the Repp appeal). • Restore the prohibition against expansion of non-conforming uses inadvertently removed from the code several years ago. • Restore the 50% damage threshold for nonconforming uses. • Implement the interpretation that expansion of legal non-conforming use with a modular structure is �,.. not permissible (e.g. Diamond Lil's interpretation). • Address what kind of structure should be allowed on a preexisting legal lot in the R-14 zone. While the larger issue of"what is a legal lot" will be addressed in a future docket, this clarification in the R- 14 zone would allow for consistent interpretation of what kind of structure can be built on a nonconforming lot. ISSUES In 1996, the City prepared ordinances addressing the alteration or restoration of nonconforming structures or uses and the thresholds under which uses may remain or be required to become conforming. The result was a conditional use approval process that, if approved for a nonconforming use or structure, would allow the subject structures or uses to be restored or altered up to 100 percent of their current value. This is useful for the property or business owners to obtain financing and insurance. This docket proposal does not revisit the conditional approval process in substance, but focuses on the docket items at hand. The description of the docket amendments appears clear - implement determinations and decisions regarding nonconforming uses or restore prior code inadvertently deleted. However, implementing determinations or restoring concepts regarding changing or expanding nonconforming uses raises issues when regulatory code language is prepared including: • Can a nonconforming use change and keep its vested nonconforming use status? Renton's regulations indicate that a nonconforming use cannot change to a different nonconforming use. What does "different" mean -not identical or not similar? Some ordinances proscribe a new nonconforming use, or one of a different character. Based on case law from around the United States, to qualify as a continuation of an existing nonconforming use the "proposed" nonconforming use should be similar in nature, character, degree, and effect (on surroundings)as the original nonconforming use. (Dennison 1997) Docket_nonconforming_Dec.doc 1 December 17, 2001 Examples of how a nonconforming use may be changed to a similar nonconforming use include: 104 - Bellevue, WA: No change to a different use classification can be made unless the change conforms with the code. - King County, WA: A discontinued nonconforming use can be re-established if the nonconforming use which previously existed is not expanded, a new nonconformance is not created, and the prior use was not discontinued for more than 12 months. - Sumner, WA: If no structural alterations are made, any nonconforming use of a structure or premises can be changed to another nonconforming use if the hearing examiner finds that the proposed use is more appropriate to the zone than the current nonconforming use. - San Bernardino, CA: A nonconforming commercial or industrial use may be replaced by a similar nonconforming use if it can be shown that the use is similar to the original use, will not adversely affect surrounding properties, and the prior use has not been abandoned. - Zoning Provisions Guidebook: A nonconforming use can be changed to a use in a more restrictive zoning classification, but not to a use in a less restrictive zoning classification. Several ordinances also allow for changes in ownership, tenancy or management of a nonconforming use or structure without deeming that a change of nonconforming use (e.g. Bellevue, San Bernardino, sample regulations in the Zoning Provisions Guidebook). Options are to 1) allow no changes to a similar but not identical use, 2) allow a change if similar in character and degree or if more appropriate than the preexisting nonconforming use, or 3) allow a change in use classification if it is a use in a more restrictive zoning classification. When selecting an option, it is appropriate to consider case law regarding similar but not identical uses, the degree to which a change makes a use more conforming, and the degree to which market factors will eventually spur a change to a conforming use. • • Should an ordinance absolutely prohibit an expansion of a nonconforming use? Renton's regulations address (when original language is restored) that a nonconforming use may not be extended or enlarged. As is noted in the Zoning News article written by Mark S. Dennison (March 1997), zoning regulations seldom contain an absolute prohibition against all expansions of nonconforming uses. Permissible expansions typically include an increase in business volume that does not include an enlargement of the size of a nonconforming building or an extension of a nonconforming use within the confines of the same lot or building. Examples of the range of nonconforming use alterations allowed in codes include: - Bellevue, WA: A nonconforming use may be expanded by Administrative Conditional Use Permit if the expansion is not more than 20 percent or 20,000 square feet, which ever is less, or by Conditional Use Permit if the expansion is over these limits. - King County, WA: A nonconformance can be increased to a cumulative total of 10%, including building square footage, impervious surface, parking or building height. Once the cumulative cap is reached, no additional expansions are allowed. Additionally findings need to be made that the modification or expansion provides the same level of protection and compatibility with adjacent land uses as the existing nonconforming use. A special use permit or conditional use permit is required to expand a nonconformance beyond these limits. - Sumner,WA: A nonconforming use cannot be moved in whole or in part to another portion of the lot or parcel. Nonconforming multifamily, commercial and professional service uses may expand Docket_nonconforming_Dec.doc 2 December 17, 2001 up to 25 percent of their square footage by conditional use permit, but may not purchase additional property to accommodate the expansion. No additional dwelling units may be added. - San Bernardino, CA: A nonconforming use may be minimally expanded if the expansion or change is minimal, does not adversely affect surrounding properties, allows for a relief of overcrowded conditions or for modernization in order to properly operate the use, and the use has not been abandoned. The expansion allowances requires a public hearing and findings that the criteria have been met. - Zoning Provisions Guidebook: A nonconforming use cannot be expanded or extended into another part of a lot. A nonconforming use cannot be expanded or extended into any other portion of a conforming building or changed, except to a conforming use. Alternatively, another example allows a nonconforming use to be extended throughout the building, but the building cannot be enlarged or added to. Options are to 1) allow no expansions or extensions either on a property or building, 2) allow expansions or modifications up to a certain percentage, e) allow expansions or extensions in a building as long as the building is not expanded; allow expansions of a nonconforming use on its property, but not on property in common ownership. When selecting an option, it is appropriate to consider case law regarding lawful and unlawful expansions, the level of enforcement resources, and the degree to which market factors will eventually spur a change to a conforming use. RECOMMENDATIONS • Rename the "Conditional Approval Permit" to "Rebuild Approval Permit" to avoid confusion with the more common Conditional Use Permit. • Allow single family residences destroyed by fire to be restored even if they became nonconforming. . prior to 1993: Proposed amendments move the applicable provisions from the Rebuild Approval Permit regulations in Chapter 4-9 to Chapter 4-10 to provide broader applicability. • • Restore the prohibition against expansion of non-conforming uses inadvertently removed from Renton's Code several years ago: The prohibition against expanding is restored. Additional language is added to "qualify"what is meant by no expansion or extension. - The use cannot be extended or enlarged or transferred to occupy additional land area on the same or any other lot or parcel. - Provided a use is not intensified or production levels are not increased, a nonconforming use housed in part of a single-tenant building may be extended throughout the building, but the building cannot not be enlarged or added to. - A nonconforming use in a multi-tenant building cannot be expanded into space vacated by other tenants. - No additional building, whether temporary or permanent, can be erected upon a property with a nonconforming use for purposes of expanding a nonconforming use. Additional development must be associated with conforming uses. • In addition to addressing expansion, address a related issue of use alterations: Alterations to a legal nonconforming use are only permitted when they do not expand or enlarge a use consistent with the above provisions, do not increase production levels, and do not intensify the nonconforming activity. The modification cannot increase the nonconformance of the use, nor create a new type of nonconformance. Improvements to a building housing a nonconforming use cannot be improved above 50% of assessed value unless a Rebuild Approval Permit is issued. Docket_nonconforming_Dec.doc 3 December 17, 2001 • Restore the 50% damage threshold for nonconforming uses: The language allowing nonconforming uses to be restored if they are damaged by less than 50% of the appraised value is clarified. • Implement the interpretation that expansion of legal non-conforming use with a modular structure is not permissible (e.g. Diamond Lil's interpretation): Language is added to clarify that no additional building, whether temporary or permanent, can be erected upon a property with a nonconforming use for purposes of expanding a nonconforming use. • Address what kind of structure should be allowed on a preexisting legal lot in the R-14 zone: In the single family zones, the only allowed residential structure on a nonconforming lot is a single family dwelling, but in the RM zone a duplex is allowed. What type of structure should be allowed in a zone which is intended to promote townhouse and small-scale multi-family? The proposal limits the residential use to a single family dwelling since the zone elsewhere indicates only one residential structure is allowed per lot. If more than one lot cannot be created, it is unlikely that density limits can be met. REFERENCES Dennison, Mark S. (March 1997). "Changing or Expanding Nonconforming Uses." Zoning News. American Planning Association. Chicago, Illinois. Vitt Docket_nonconforming_Dec.doc 4 December 17, 2001 4-2-110F R-14 LEGAL LOT R-14 EXCEPTIONS Pre-Existing Legal Lots Nothing herein shall be determined to prohibit the construction of a Effarg AVM dwelling -I ,= and its accessory buildings on a pre-existing legal lot provided that all setback, lot coverage, height limits, infrastructure, and parking requirements all development standards for this Zone can be satisfied, and provisions of RMC 4-3-050, Critical Area_scan be met. fEditor's Note: The above changes without shading are included in the Title IV City Council packet. The shaded amendments are proposed with this docket. At issue are what type of residential structure should be allowed on a nonconforming lot. In the single family zones, the only allowed residential structure on a nonconforming lot is a single family dwelling, but in the RM zone a duplex is allowed. What type of structure should be allowed in a zone which is intended to promote townhouse and small-scale multi- family? The above proposal states a single family dwelling. Preexisting structure regulations are moved to Chapter 4-10. Future Docket item —determine if pre-existing regulations should be moved to Chapter 10 or remain here. Determine definition of legal lot.1 Docket nonconforming_Dec.doc 5 December 17, 2001 TABLE 4-8-120C [Editor's Note: The change to submittal requirements moves the requirements from 4- 9-120.D to Chapter 4-8.1 LAND USE y A] APPLICATIONS a a 0 H < 5 < - C zz �z Lc; e u SUBMITTAL 6-) . REQUIREMENTS F. Colored Display Maps 1 Draft Restrictive Covenants,if 4 4 any Elevations,Architectural 5 5 Existing Covenants(recorded 5 5 copy) Justification for the Conditional 5 Rebuild Approval Permit (nonconforming structure) Justification for the Conditional 5 Rebuild Approval Permit (nonconforming use) 41.10 Legal Description 5 5 List of Surrounding Property 2 2 Owners Mailing Labels for Property 2 2 Owners Master Application Form 5 5 Neighborhood Detail Map 5 5 Nonconformity Relationship 5 5 and Compatibility Narrative Parking,Lot Coverage and 5 5 Landscaping Analysis Plan Reductions(PMTs) 1 1 Postage x x Preapplication Meeting 5 5 Summary,if any Project Narrative 5 5 Screening Detail, 12 Refuse/Recycling Service Area Map(for wireless 5 communication facilities only) Site Plan,Land Use Review 12 4-8 120.D DEFINITION OF TERMS USED IN SUBMITTAL REQUIREMENTS FOR BUILDING, PLANNING AND PUBLIC WORKS PERMIT APPLICATIONS: 14. Definitions N: Nonconformity Relationship and Compatibility 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. Include studies or reports that support the Docket nonconforming_Dec.doc 6 December 17, 2001 • applicant's contention that the existing nonconforming use or structure is compatible with the surrounding area and its uses. 19. Definitions S: Site Plan, Land Use Review, Level I: 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 established; on a separate sheet, identify the subject property, abutting lots and buildings and list adjacent and abutting land uses. Docket nonconforming_Dec.doc 7 December 17, 2001 4-9-120 NONCONFORMING USES/STRUCTURES REVIEW CONDITIONAL REBUILD APPROVAL PERMITS: A. PURPOSE OF PERMIT: The purpose of this-a eeaditionalRebuild aApproval pPermit is 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 zoning districts where they would normally be prohibited 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. [Editor's Note: For a future docket review, discuss whether uses established prior to 1993 should be eligible for a Rebuild Approval Permit.1 B. APPLICABILITY: The owner of Aany existing building or structure that was legally established and has been continuously occupied, or a use that has been continuously in existence on the site but is now nonconforming because of a change in City Codes in June 1993 or thereafter, may apply for a conditienalRebuild aApproval pPermit. Uses or structures that cannot substantiate that they were legal at the time they were established shall not be eligible for this permit. 1. Exceptions: a. Damag ° and/or structures where the costs associated with re establishing the use and/or structure do not a e, arc allowed to be rc established or rebuilt as a matter of right. b. Single Family Dwellings: Any legally established single family dwelling damaged by fire or an [Editor's Note: The RAP is a voluntary permit, and the existing "exceptions" cloud this. Anyone can apply for a RAP regardless of whether damaged or not. The nonconforming regulations in Chapter 10 allow for uses damaged less than 50% of their value to be restored as of right; an owner could avoid a RAP process and restore the structure/use, or they could decide to apply for the RAP. The allowance to rebuild a single family has been moved to Chapter 4-10 to make it generally apply to legal nonconforming residences irregardless of year; they would have no need to apply for a RAP.1 C. AUTHORITY: The Hearing Examiner shall hear all requests for conditienalRebuild aApproval pPermits for nonconforming uses. The Planning/Building/Public Works Administrator shall make determinations regarding ConditionalRebuild Approval pPermit applications for nonconforming structures-shall-typically unless such applications are coupled with ConditionalRebuild Approval pPermit applications for nonconforming uses that are being heard by the Hearing Examiner or City Council. [Editor's Note: Decision is by Hearing Examiner which can be appealed to a closed record hearing with the City Council.l D. 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. VollO and the exact sizes and locations of existing structures and uses, whether damaged or net. It shall also Docket_nonconforming_Dec.doc 8 December 17, 2001 its uses. Any other relevant information requested by the Planning/Building/Public Works Department shall be included in the application. (Editor's Note: Move submittal requirements to Chapter 4-8.1 E. GENERAL DECISION CRITERIA: The Reviewing Official may issue a Rebuild Approval Permit only when the continuance of the use or structure is determined to be in the public interest and such uses/structures are: (1)found to be compatible with other existing and potential uses/structures in the general area; or (2) can be made to be compatible with the application of appropriate conditions. F. ADDITIONAL REVIEW CRITERIA FOR NONCONFORMING USES: The Hearing Examiner and/or City CouncilReviewinq Official shall consider the following factors-among all other relevant information, when considering a request for a seaditienalRebuild aApproval pPermit for a nonconforming use. In order to grant the permit, at least three (3)four (4) of these factors shall be complied with. (Editor's Note: By breaking out criteria, need to change meeting 3 of 5 requirements to 4 of 6, i.e. majority.1 1. Community Need: proposed use at its present location. In the determination of community need, consideration shall be given to the following factors, among all other relevant information: a. There shall be a community need for the proposed use at its present location. ..r b. The continuance of the nonconforming use should not result in either the detrimental overconcentration of a particular use within the City or within the area surrounding the site. 2. Location: That the The existing location is or can be made suitable for the existing use. fEditor's note: the location issue seems distinct from a community need issue.' 23. Effect on Adjacent Property: The existing nonconforming use has not resulted in undue adverse effects on adjacent properties from noise, traffic, glare, vibration, etc., (i.e., does not exceed normal levels in these areas emanating from surrounding permitted uses). 34. Historical Significance: The existing use was associated with a historical event or activity in the community and as a result has historical significance. 45. Economic Significance: The existing use provides substantial benefit to the community because of either the employment of a large number of people in the community, the generation of considerable retail and/or business/occupation tax revenues to the City, or it provides needed affordable housing. 56. Timeliness with Existing Plans and Programs: Because of the anticipated market timing for permitted uses in the zone, retention of the existing nonconforming use would not impede or delay the implementation of the City's Comprehensive Plan. G. ADDITIONAL REVIEW CRITERIA FOR NONCONFORMING STRUCTURES: The Planning/Building/Public Works Administrator or his or her designee shall consider the following factors, , when considering a request for a senditionalRebuild aApproval pPermit for a nonconforming structure. In order to grant the permit, he/she shall find that at least three (3) of the following criteria have been satisfied: Docket nonconforming_Dec.doc 9 December 17, 2001 1. Architectural and/or Historic Significance: The damaged structure represents a unique regional or national architectural style or an innovation in architecture because of its style, use of1100 materials, or functional arrangement, and is one of the few remaining examples of this. [Editor's Note: Once can apply prior to damage occurrinq.l 2. Architectural Compatibility with Surrounding Uses: The nonconforming building or structure was part of a unified streetscape of similar structures that is unlikely to be replicated unless the subject structure is rebuilt per, or similar to, its original plan. 3. Potential of Site for Redevelopment: Redevelopment of the site with a conforming structure is unlikely either because the size of the existing lot may be too small to be economical, or because the characteristics of adjacent permitted uses (that might normally be expected to expand to such a site) currently might preclude their expansion. Typically, economic hardship would not be considered for a variance, but is a consideration here. 4. Condition of Building/Structure: If nonconforming as to the provisions of the City's Building Code, the building or structure and surrounding premises have generally been well maintained and is not considered to be a threat to the public health, welfare, or safety, or it could be retrofitted so as not to pose such a threat. 5. Departure from Zoning-CedeDevelopment Regulations: If nonconforming with the provisions of the City's development regulations, the building or structure does not pose a threat to the public health, welfare or safety, or could be modified so as not to pose such a threat. H. DECISION OPTIONS: The approving body may grant, with or without conditions, or deny a requested conditieealRebuild Approval pPermit. Such a permit, if granted, typically would carry conditions with it pertaining to how the a *40044 damaged structure would be allowed to redevelop. The approving body may, for example, limit the term and duration of the poRd-itionalRebuild aApproval pPermit as well as impose conditions. I. CONDITIONS OF APPROVAL: Conditions imposed by the approving body shall reasonably assure that nuisance or hazard to life or property will not develop. A conditionaiRebuild aApproval pPermit for a nonconforming use and/or structure may, for example, be conditioned upon the provision and/or guarantee by the applicant that necessary public improvements, facilities, utilities and/or services needed to support the use/structure will be provided, or the provision of other features that would make the use/structure more compatible with its surroundings. J. EXPIRATION: Conditions imposed relating to the duration of a permit for a use or structure should also reflect reasonable amortization periods for any substantial upgrades to the premises that are required by City Code. K. EXTENSIONS: (Reserved) [Editor's Note: The duration of a RAP is determined by the Reviewing Official. Extensions have not been requested to date. Determine if extensions are a Docket issue for the future.l L. APPEALS: The final decision of the Hearing ExaminerReviewing Official on a conditionalRebuild aApproval pPermit application will bcis appealable to the City Council within fourteen (14) days pursuant to RMC 4-8-110. vie (Ord. 4584, 2 12-1996) [Editor's Note: Consolidate appeal provisions in Chapter 4-8.1 Docket_nonconforming_Dec.doc 10 December 17, 2001 • 4-10 LEGAL NONCONFORMING STRUCTURES, USES AND LOTS 4 10 010 COMPLET —AND RESTORATION -F EXIST, NG (CONFORMING U€€€T A4-10-010. NONCONFORMING LOTS: (Reserved) 4-10-020. NONCONFORMING SITE DEVELOPMENT STANDARDS: (Reserved) B4-10-030. PENDING PERMITS VALID: Nothing herein contained shall require any change in the plans, construction, or designation or intended use of a building for which a building permit has heretofore been issued, or which has been submitted to the Building Official before the effective date of amendments to the development regulations. 4-10-0340 CHANGE OF OWNERSHIP: Change of ownership, tenancy. or management of a nonconforming structure or use shall not affect its legal nonconforming status provided the provisions of this Chapter are met. [Editor's Note: Proposed to be added for clarity as this provision matches the current application of the code. Sample language is from the City of San Bernardino, CA code./ C4-10-050. NONCONFORMING STRUCTURES: A. R-10 and R-14 Zone Residential Structures: Residential structures that exist or that were developed in accordance with vested land use permits prior to the effective date of this section (6- 17-1996) shall be considered to be conforming structures. Such structures may be replaced, renovated, and/or expanded pursuant to theprovisions of the R-14 Zone. (Editor's Note: Moves provision from the Development Standards Tables to Chapter 4-10. Expands applicability to the R-10 Zone to address Village on Union, a demonstration proiect.l B. Structures other than R-10 or R-14 Residential Structures Vested Prior to June 17, 1996: Any legally established building or structure legally existing at the time of enactment of this Code may remain, although such structure does not conform with the provisions of this Code, provided the following conditions are met: 1. Not Vacant,— or Left Abandoned, : The structure is not The Nnonconforming buildings or structures whisk►-do not have historic significance, and have not been vacant for two (2) or more years, or have not been abandoned, or are sufficiently old at the time that they are severely damaged co as to have had sufficient time to amortizo most or all of their initial [Editor's Note: Damaged structures are addressed in alteration and restoration regulations below. The percent of value damaged would determine if they can restore or alter.l 2. Unsafe Structures: The structure is kept in a safe and secure condition. Nothing in this jEditor's Note: Allowing strengthening or restoration to address safety conditions has been moved to alteration and restoration regulations below./ -,,. 3. Alterations: A legal nonconforming structure shall not be altered beyond the limitations specified below: Docket_nonconforming_Dec.doc 11 December 17, 2001 a. Structures with Gerd-itionnalRebuild Approval Permits: The cost of the alteration shall generally not exceed an aggregate cost of one hundred percent (100%) of the value of the building or structure, unless: (1) the building or structure is made conforming by the alterations; or (2) the alterations were imposed as a condition of granting a conditionalRebuild aApproval pPermit, or (3) alterations are necessary to restore to a safe condition any portion of a building or structure declared unsafe by a proper authority. Alterations shall not result in or increase any nonconforming conditions unless they were specifically imposed as a condition of granting a conditionalRebuild aApproval pPermit, pursuant to RMC 4-9-120. b. Other Legal Nonconforming Structures: The cost of the alterations of shall not exceed an aggregate cost of fifty percent (50%) of the value of the building or structure, based upon its most recent assessment of-or appraisal, unless the amount over fifty percent (50%) is used to make the building or structure more conforming, or is used to restore to a safe condition any portion of a building or structure declared unsafe by a proper authority. Alterations shall not result in or increase any nonconforming condition. (Editor's Note: Allowing strengthening or restoration to address safety conditions has been moved to alteration and restoration regulations from Subsection 2 above.) 4. Extension: The structure shall not be extended enlarged unless the extension enlargement is conforming or it is consistent with the provisions of a conditionalRebuild aApproval pPermit issued for it. The extension of a lawful use to any portion of a this Code (Editor's Note: Separate structure issue from use issue. The stricken sentence is understood.) a. Towers and Antennas: Towers that are constructed, and antennas that are installed, in accordance with the provisions of this Title shall not be deemed to constitute the expansion of a nonconforming use or structure. 5. Restoration: Nothing in this Chapter shall prevent the reconstruction, repairing, rebuilding and continued use of any nonconforming building or structure to its same size, location and height when damaged by fire, explosion, or act of God, subsequent to the date of these budding-regulations and subject to the following conditions: a. Legal Nonconforming Structures with ConditionalRebuild Approval Permits: 100%) of) the-latest_ap . da age o uried-_rRestoration or reconstruction work exceeding one hundred percent (100%) of this value shall ether be allowed if it is: (1) a condition of granting the conditionalRebuild aApproval pPermit pursuant to RMC 4-9-120, and/or(2) necessary to allow the structure to be rebuilt to its condition prior to the damage considering construction costs, and/or (3) required to strengthen or restore to a safe condition any portion of a building or structure declared unsafe by a proper authority, and/or (4) necessary to conform to the regulations and uses specified in this Title. b. Other Legal Nonconforming Structures: The work shall not exceed fifty percent (50%) of the latest assessed or appraised value of the building or structure at the time such damage occurred, otherwise any restoration or ;,ry reconstruction shall conform to the regulations and uses specified in this Title. Docket_nonconforming_Dec.doc 12 December 17, 2001 c. Single Family Dwellings: Any legally established single family dwelling damaged by fire or an act of God may be rebuilt to its same size, location, and height on the same site, subject to all relevant fire and life safety codes. Restoration improvements shall commence within two years of the damage, and shall continue in conformance with approved building or construction permits, otherwise the structure shall lose its restoration authorization and nonconforming status. (Editor's Note: Responds to the City Council Decision on the Repp appeal, September 11, 2000.1 c. Illegal Structures: These shall be discontinued. (Editor's Note: Allowing strengthening or restoration to address safety conditions has been moved to alteration and restoration regulations from Subsection 2 above. Illegal structures and uses addressed in RMC 1-3 through violations and penalties. The clarifications in 5a above regarding restoration beyond 100% due to construction costs intended to clarify that the structure can be rebuilt as it was, where it was; however, construction costs to accomplish this may exceed 100% of the value which would have been based on depreciation.1 4-10-050D. NONCONFORMING USES: Any lawful-legally established use existing at the time of enactment of this Code may be continued, although such use does not conform with the provisions of the building regulationsRenton Municipal Code, provided the following conditions are met: 4-A. Abandonment: The use is not abandoned. A legal nonconforming use (of a building or premises) which has been abandoned shall not thereafter be resumed. Abandoned uses shall not be eligible for a conditional approval permit. A nonconforming use shall be considered abandoned when: [Editor's Note: Deleted sentence, moved to Chapter 4-9.1 al. The intent of the owner to discontinue the use is apparent, and discontinuance for a period of one year or more shall be prima facie evidence that the nonconforming use has been abandoned, or b2. It has been replaced by a conforming use, or c3. It has been changed to another nonconforming use under permit from the City or its authorized representative. 'Editor's Note: Presume that section "3" is distinct from subsection "2"since"2"emphasizes conforming use.1 2B. Relocation: The use is not relocated. A legal nonconforming use of a building or premises which has been vacated and moved to another location, or discontinued, shall not be allowed to reestablish itself except in compliance with the building--development regulations. 3C. Changes to a Different Nonconforming Use: The use is not changed to a different nonconforming use. The nonconforming use of a build' To qualify as a continuation of an existing nonconforming use, a replacement nonconforming use shall: 1. Reflect the nature and purpose of the preexisting nonconforming use, and be considered to be the same or related use classification; and 2. Not differ in character or degree; and 3. Be substantially similar in its effect on the surrounding neighborhood; and 4. Not increase the nonconformance of the use; and 5. Not create a new type of nonconformance. Docket nonconforming_Dec.doc 13 December 17, 2001 jEditor's Note: Second sentence of existing Section C is redundant. For consideration amendments would clarify when a nonconforming use has changed to a different but similar (not 8.1104 identical) nonconforming use.l D. Extension or Enlargement: The use is not enlarged or extended. 1. Extension/Enlargement Outside Building: The use shall not be extended or enlarged so as to occupy additional land area on the same or any other lot or parcel. The use shall not be transferred in whole or in part to any other part of the parcel. 2. Extension/Enlargement Within Building: Provided the use complies with Subsections E and F, Alterations to Legal Nonconforming Use, a nonconforming use housed in part of a single-tenant building may be extended throughout the building, but the building shall not be enlarged or added to. A nonconforming use in a multi-tenant building shall not be expanded into space vacated by other tenants and shall also comply with Subsections E and F. 3. Additional Development on Property Containing Nonconforming Use: No additional building, whether temporary or permanent, shall be erected upon a property with a nonconforming use for purposes of expanding or extending a nonconforming use. Additional development of any property on which a legal nonconforming use exists shall require that all new uses conform to the provisions of the Renton Municipal Code. fEditor's Note: The first sentence of subsection "D" reinstates the concept inadvertently removed in the adoption of the Nonconforming Conditional Use Process Ordinance. The original language stated: "A nonconforming use shall not be extended, but the extension of a lawful use to any portion of a nonconforming building or structure which existed prior to the enactment of this Code shall not be deemed to be the extension of such nonconforming use." Subsection "D" shortens ,w0* the provisions and does not reinstate language about nonconforming structures housing conforming uses as this is understood. Subsections D.1 to D.3 are recommended for inclusion to help interpret extension or enlargement prohibitions. Subsection 0.3 addresses the interpretation made when a trailer was added illegally to Diamond Lil's and was determined to be an expansion of a nonconforming use.l E. Alterations to Legal Nonconforming Use without Structural Alteration: Alterations to a legal nonconforming use are only permitted when they do not expand or enlarge a use consistent with Subsection D, Extension or Enlargement, do not increase production levels, or do not intensify the nonconforming activity. The modification shall not increase the nonconformance of the use, nor create a new type of nonconformance. F. Alterations to Legal Nonconforming Use with Structural Alteration: Alterations to a structure housing a nonconforming use shall not be altered beyond the limitations specified below: 1. Structures with Rebuild Approval Permits: The cost of the alteration shall generally not exceed an aggregate cost of one hundred percent (100%) of the value of the building or structure or site improvements, unless: (1)the building or structure is made conforming by the alterations; or(2)the alterations were imposed as a condition of granting a Rebuild Approval Permit, or (3) alterations are necessary to restore to a safe condition any portion of a building or structure declared unsafe by a proper authority. Alterations shall not result in or increase any nonconforming conditions unless they were specifically imposed as a condition of granting a Rebuild Approval Permit, pursuant to RMC 4-9-120. 2. Other Legal Structures Housing a Nonconforming Use: The cost of the alterations shall not exceed an aggregate cost of fifty percent (50%) of the value of the building or structure or site improvements, based upon its most recent assessment or appraisal, unless the amount over fifty percent (50%) is used to make the use, building or structure more conforming, or is used to restore to a safe condition any portion of a building or Docket_nonconforming_Dec.doc 14 December 17, 2001 structure declared unsafe by a proper authority. Alterations shall not result in or increase '111" any nonconforming condition. jEditor's Note: As part of the issue of changes to an existing nonconforming use, Sections E and F addresses under what circumstances a nonconforming use may change and not lose its vested status.) 4F. Restoration: Nothing in this Chapter shall prevent the restoration or continuance of a nonconforming use damaged by fire, explosion, or act of God, subsequent to the date of these building--regulations, or amendments thereto, subject to the following conditions: al. Legal Nonconforming Uses with CenditienaiRebuild Approval Permits: The work shall generally not exceed one hundred percent (100%) of the latest appraised value of the building or structure housing the use or site improvements supporting use (if not contained in a structure) closest to the time such damage occurred; restoration or reconstruction work exceeding one hundred percent (100%) of this value shall be allowed if it is: (a) either be a condition of granting the Gen-di-tie-nalRebuild aApproval pPermit pursuant to RMC 4-9-120 and/or (2) necessary to allow the structure to be rebuilt to its condition prior to the damage considering construction costs, and/or (3) required to strengthen or restore to a safe condition any portion of a building or structure declared unsafe by a proper authority, and/or (4) er-necessary to conform to the regulations and uses specified in this Title. B2. Other Legal Nonconforming Uses: The work shall not exceed fifty percent (50%) of the latest appraised value of the building or structure housing the nonconforming use or site improvements supporting use (if not contained in a structure) at the time such damage occurred. Uses which were in conformance with the Code at the time it was enacted or at __ the development regulations or amendments to it. (Ord. 4584, 2-12-1996) JEditor's Note: Amendments reflect that this section addresses uses not structures. A use or activity, such as a business have values that can be estimated. The last sentence seems inapplicable.) G3. Illegal Uses: Uses which are not in conformance with the Code or the development regulations in effect on the date they were established (illegal uses). These uses shall be discontinued. (Ord. '158 4, 2 12 1996) Single Family Dwellings: Any legally established single family dwelling damaged by fire or an act of God may be rebuilt to its same size, location, and height on the same site, subject to all relevant fire and life safety codes. Restoration improvements shall commence within two years of the damage, and shall continue in conformance with approved building or construction permits, otherwise the structure shall lose its restoration authorization and nonconforming status. [Editor's Note: Old language - violations and penalties are addressed in RMC 1-3. New language responds to the City Council Decision on the Repp appeal, September 11, 2000.) 5G. Amortization of Adult Uses: For amortization of legal nonconforming adult entertainment, activity, use, or retail use, see RMC 4-3-010E. (Ord. 4828, 1-24-2000) 4-10-060& NONCONFORMING ANIMALS: See RMC 4-4-010K. 4-10-070I= NONCONFORMING SIGNS: See RMC 4-4-100D. Docket_nonconforming_Dec.doc 15 December 17, 2001 • 4-10-080G- CRITICAL AREAS REGULATIONS — NONCONFORMING ACTIVITIES AND STRUCTURES: A legally nonconforming, regulated activity or structure that was in existence or approved or vested prior to the passage of the Critical Area Regulations, RMC 4-3-050, and to which significant economic resources have been committed pursuant to such approval but which is not in conformity 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, enlarged or altered in any way that infringes further on the critical area that increases the extent of its nonconformity with this Section without a permit issued pursuant to the provisions of RMC 4-3 050; 2. Except for cases of on-going agricultural uses, if a nonconforming activity is discontinued pursuant to RMC 4-10-010C and D, any resumption of the activity shall conform to this Section; 3. Except for cases of on-going 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 reconstructed except in conformity with the provisions of RMC 4-3-050; 4. Activities or adjuncts thereof that are or become nuisances shall not be entitled to continue as nonconforming activities. (Ord. 4835, 3-27-2000) 'Editor's Note: Revisit section when critical area regulations are revisited for any ESA-related amendments.l 4-10-020090 VIOLATIONS OF THIS CHAPTER AND PENALTIES: Penalties for any violations of any of the provisions of this Chapter shall be in accord with chapter 1-3 RMC. (Ord. 4856, 8-21-2000) 44210 Docket nonconforming_Dec.doc 16 December 17, 2001 DOCKET ITEM TITLE 4, CHAPTER 2 EFFECTIVE DATE OF REGULATIONS PURPOSE/ISSUES In the Development Standards Tables, many regulations list an effective date. For example, some regulations apply to lots created prior to March 1, 1995 while some standards apply to streets created before or after September 1, 1995. There has been some discussion about choosing a single date and using it consistently for ease of interpretation. One option is to leave the effective dates as they are to ensure that there is no change in the applicability of the regulations. A second option is to choose a single date, such as the effective date of the Interim Zoning Ordinance which created the basics of the current zoning system - Ordinance 4404, adopted June 7, 1993 and effective July 11, 1993. Staff has consulted Larry Warren, City Attorney, who advised not to choose a date that results in loss of benefits, but that selection of a date that grants additional benefits would not be problematic from a legal point of view. As he did not have full information about the benefits/losses from other points of view, he advised retention of dates as they are. The Table below lists the effective dates listed in the Development Standards, and if there would be any issues if the date were standardized to the Interim Zoning Ordinance of 1993. ZONE PROVISION EFFECTIVE DATE ISSUE IF USING 1993 INTERIM ZONING ""' ORDINANCE R-8, R-10, R-14, RM Minimum Density- not March 1, 1995 More Regulatory: Lots required for lots 1/2 or between 1993 and 1995 less in size prior to would be subject to effective date minimum density whereas they are not subject to it today. R-8 Maximum density of 8 March 1, 1995 More Permissive: du/ac applies to lots 1/2 Allows higher density to acre or greater as of more lots. effective date R-8 Maximum density of 9.7 March 1, 1995 More Permissive: du/ac on lots 1/2 acre in Allows higher density to size or less as of more lots. effective date R-5, R-8, R-10 Different front yard September 1, 1995 More Permissive: setbacks depending on Allows lesser setback whether street was on streets between created before or after 1993 and 1995. 1995, greater setback typically for streets created prior to 1995 R-10 Dwelling mix exemption March 13, 1995 More Regulatory: Lots for lots maximum of 1/2 between 1993 and 1995 acre as of effective date subject to dwelling mix. R-10 Minimum lot size - none March 1, 1995 More Regulatory: Lots required for lots a between 1993 and 1995 maximum of 1/2 acre subject to minimum lot Docket EffDate Dec.doc 1 December 17, 2001 ZONE PROVISION EFFECTIVE DATE ISSUE IF USING 1993 INTERIM ZONING 11110 ORDINANCE before effective date size. R-10 Townhouse Effective date hereof More Regulatory: development exempt (probably March 1, Townhouse from lot width/depth 1995) development between requirements 1993 and 1995 would not be exempt. R-10 Nothing prohibits March 1, 1995 No net change: Existing construction of a single 2-unit developments family dwelling, or would be existing legal if existing 2-attached units built to laws in effect at as of effective date the time, and if not in conformance today. R-10 Number of du/per lot- Effective date hereof No net change: Units one building with a (probably March 1, built to prior standards maximum of 4 units 1995) considered existing allowed per legal lot legal. except for legally existing residential buildings R-14 Structures existing or June 17, 1996 More Regulatory: vested by effective date Conformity exemption are considered would not apply to units conforming between 1993 and 1996. Would defeat purpose of selecting *vile specific date. R-14 1 residential structure As of date of adoption No net change: Units per lot except for legally built to prior standards existing residential considered existing buildings legal. All zones (proposed in Minimum lot Effective date hereof The effective dates are Title 4) size/width/depth applies (not stated) not stated. However, to lots created after the overtime, lot size effective date provisions have likely been more permissive than less permissive. Choosing a single effective date would result in some property owners losing some benefits and some gaining some benefits. Whether there would be a loss of some benefits would depend on the zone, and the circumstances between 1993 and 1995 - for instance, staff does not recall any subdivisions in the R-10 or R-14 zoned properties between 1993 and 1995 and are verifying this. These zones were substantially reworked as a result of demonstration projects. However, it is likely that subdivisions occurred in the R-8 zone which applies some standards after 1995, such as minimum density. RECOMMENDATIONS Based on the potential changes in benefits, the likely development levels between 1993 and 1995 in R-8 versus R-10 and R-14 zones, and balancing the need for ease of interpretation, the following recommendations are made: Docket EffDate Dec.doc 2 December 17, 2001 a • For the R-10 dwelling mix exemption for lots maximum of 1/2 acre in size, change the effective date from March 13, 1995 to March 1, 1995 to standardize. This is based on the discussion with Staff that they do not recall subdivisions in the R-10 zone between 1993 and 1995. If after staff completes it research, some 1/2 acre lots were created between March 1 and March 13, 1995, do not implement this recommendation. • For minimum lot sizes/widths/depths, insert the effective date of the Interim Zoning Ordinance - July 11, 1993, as this Ordinance largely set up the zoning system of the current Code. Although different than the March 1, 1995 date for several of the identified effective dates, it is more permissive, and based on the original zoning framework. Inserting an effective date, even if different will assist in code interpretation. • Change the street setback threshold date from September 1, 1995 to March 1, 1995. This standardizes the date with many of the effective dates in the Development Standards Tables, is not too different than the current date, and applies the lesser setbacks to more streets. • Maintain different R-14 zone dates since these are based on specific vested developments. Docket EffDate Dec.doc 3 December 17, 2001 DOCKET ITEM TITLE 4, CHAPTER 2 SETBACKS DESCRIPTION/PURPOSE Building placement on a lot is regulated through setback standards, intended to accomplish many purposes depending on the nature of the zoning district: light, air, consistent streetscape, and others. The City of Redmond describes these purposes comprehensively: "The purpose of front, street, side, and rear building setbacks is to help maintain the desirable character of the community, provide adequate light and air to all properties, and reduce incompatibilities such as excessive light and noise, prevent overloading of public infrastructure, and prevent public nuisances such as the danger of fire from buildings constructed too close to each other." Typically, greater setbacks are required in residential districts than in mixed use, commercial, or industrial districts. The Renton Municipal Code identifies setbacks for each zone, but in some cases the provisions conflict or are difficult to interpret: • Arterial/Freeway Setbacks: All tables include setbacks from arterials/freeways. There are conflicting standards in the Commercial and Industrial Zones. Are these setbacks still needed, e.g., to allow for future road widening with less possibility of building purchase, or to provide for a landscape boulevard treatment? If still needed, what is the interpretation of the provisions? The drawing below represents one interpretation made by the Development Services Division that 10 feet is required in the typical case where the lot line abuts the edge of the sidewalk. Alternatively 20 feet is required where the sidewalk meanders. w, s b. P . � b • S1TM�' • Front Yard vs. Street Side Yard: There are differences in the residential zones between a front yard (greater width) and side yards along a street (a little lesser width than a front yard). Should there be a difference? If "yes" to allow more flexibility in house design/location, then a definition of street side yard should be added. • Intrusions into Setbacks: Is there such a thing as an uncovered porch? If not, then this should be stricken from the list of structural items that can intrude into setbacks. • R-5 and R-8 Street Side Yard Setback: The setback for a Side Yard along a Street is 15 feet. Should this be increased when there is a side access garage? Docket setbacks Dec.doc 1 December 17, 2001 EXAMPLE STANDARDS AND DEFINITIONS *410 Setback Standards The following table compares various jurisdictions and their setback requirements which can be considered when reviewing Renton's standards. In summary: • A majority of the jurisdictions reviewed have some type of special arterial setback, but more typically in the higher density or commercial/industrial zones. • Unless the front setback is minimal, there is usually a difference between a Front Yard and a Street Side Yard. The Street Side Yard is listed separately in all the example regulations. COMPARISON OF SETBACK REGULATIONS STANDARD BELLEVUE KENT REDMOND SUMNER Special No. Yes in Industrial Yes, in Residential Yes, in Multifamily, Arterial/Freeway Zones, varies by Zones, along Commercial/Mixed Setback Street specified roads in Use and Industrial Required? Classification— North Redmond. Districts, except Greater width for CBD. Arterials than Local Access Streets. Difference Residential and In Residential Residential Zones, Street Side Yard between Front Office Zones, Zones, when Front Street Side Yard is is < Front Yard in Yard and Street Street Side Yard is Yard is > 10 ft. < Front Yard when Low Density Side Yard in less than Front then Street Side Front Yard is > 15 Residential Zones. Residential Yard, except Yard is typically ft. When Front In Multifamily Zones? where two public less; otherwise, Yard is 15 or 10 ft., . zones yard width In Commercial/ streets intersect, when 10 feet, they Street Side Yard is for Front and Industrial Zones? then Street Side are equal. the same. Street Side is the Yard is the same Commercial zones same, 10 ft. In as Front Yard. No typically do not Commercial/ Commercial Side, Street Side, have Side Yard or Industrial Zones, Zones, except or Rear Setbacks Street Side Yard Front and Street CBD, Street Side Required in requirements. Side Yard tends to Yard is different Commercial Industrial Zone be the same. than Front Zones. Zero Front and Street (sometimes less, setbacks of any Side Setbacks are sometimes more). kind are required equal and based Front and Street Downtown. on Street Side are the same Classification. in Industrial Zones Definitions of Porches In Webster's Encyclopedic Unabridged Dictionary of the English Language (1989), a porch is defined as "an exterior appendage to a building forming a covered approach or vestibule to a doorway." In A Glossary of Zoning, Development, and Planning Terms (1999), governments tend to define porches similarly, but often make a special point to exclude "screened porches"where windows may be added to enclose the porch space over time as a"sun room." Docket setbacks Dec.doc 2 December 17, 2001 RECOMMENDATIONS • Arterial/Freeway Setbacks: - Eliminate the requirement for an Arterial/Freeway setback in the Single Family, Multifamily, and Mobile Home Park zones. Most front and street side setbacks in these zones exceed 10 feet, particularly Single Family Zones, and in the case of the Multifamily or Mobile Home Parks, setbacks could be addressed through Site Plan Review and Manufactured Home Park review processes. - Require a Freeway Frontage Setback in the Commercial zones of 10 feet from the property line, and eliminate complicated language of 20 feet from the back of the sidewalk. Special landscaping would continue to be required along all streets, including arterials, but can be reduced through Site Plan Review procedures in most zones. - In the Industrial Zones, make the Arterial setback standard consistent with Minimum Arterial Landscape Width, and amend the Arterial/Freeway Frontage setback to be a Freeway setback only, at a minimum of 10 feet, eliminating complicated language of 20 feet from the back of the sidewalk. - Where still incorporated in the Industrial Zones, the Arterial setback should be required from Principal Arterials only, which be consistent with a Development Services Division Code Interpretation that it is only required along Primary Arterials.Where the Principal Arterial setbacks are still applied (Industrial Zones), continue to exempt Central Business District streets. • Front Yard vs. Street Side Yard: The definition of Front Yard is that it is the yard that separates the main structure from public rights-of-way which means that a Front Yard Setback should apply to both street frontages of a corner lot, unless specified otherwise. In the Residential Zone, a difference is noted between a Front Yard and a Side Yard along a Street. In the Commercial Zones, the Maximum Front Yard applies to the"primary" street as determined by the Reviewing Official. - General measurement of yards is clarified to state that measurement is from the lot line perpendicular to the outside wall of the building, or to the posts in the case of a structure without an outer wall (e.g. carport). - The definition of Front Yard should be amended to indicate that in the case of a corner lot, the setback from the Primary Street is considered the Front Yard. A Primary Street is considered to be a street where the primary face of the building is oriented, and where the primary building entrance is located. - A definition of a Side Yard along a Street should be added and defined as the setback required from the Secondary Street. The Secondary Street is one to which the building does not principally orient itself, although additional entrances may be located on that side of the building. All zones now have a line to indicate the side yard along a street, and match the requirements in effect today(considering current definitions and notes). - The note applied to the CC, CN, CS, and CA zones clarifying the required maximum setback for a Primary versus Secondary Street should be eliminated with the revised yard definitions and the addition of a"Side Yard Along a Street"category. • Intrusions into Setbacks: Remove the word "porch" from the list of structural items that can intrude into setbacks, since by definition, a porch would have a protective covering. Uncovered stairs and decks suffice to convey the intent of the code. Make R-14 intrusions (eaves and decks) similar to R- ..- 10 and R-14 for ease of interpretation - this would result in a more permissive front deck allowances and a more restrictive eave intrusion allowance. Docket setbacks Dec.doc 3 December 17, 2001 • Measurement: A note is added to setback standards in the R-10 and R-14 zones to ensure "shadow lots" have setbacks measured the same as conventional subdivisions. This allows the differentiation between public and private streets in the R-10 zone to be eliminated. • R-5 and R-8 street side yard setback: Increase the Side Yard Setback Along a Street to 20 feet when there is a side access garage to avoid cars extending over sidewalks. This is consistent with the R- 10 zone, and similar to the R-14 zone. • R-5 Zone Streets Created Before 1995: For the front yard setback, eliminate the distinction between streets created before or after 1995, but to address infill situations, retain ability to use average of abutting front yards. • R-8 Alley Setbacks: In the R-8 zone, front yard setbacks are reduced when alley access is provided for parking. The proposed amendments remove the requirement that the street/alley be public to recognize the Liberty Ridge interpretation where reduced setbacks were allowed from Private "alley- like"features. REFERENCES Davidson, Michael and Dolnick, Fay, eds. (December 1999). A Glossary of Zoning, Development, and Planning Terms. Planning Advisory Service Report Number 491/492. American Planning Association. Chicago, Illinois. Gramercy Books (1989). Webster's Encyclopedic Unabridged Dictionary of the English Language. Avenel, New Jersey. PROPOSED CHANGES - LEGEND The following pages propose amendments to the required setbacks in each zone. The unshaded edits are consistent with the City Council Title IV packet. The shaded edits are newly proposed as a result of this docket item. Docket setbacks Dec.doc 4 December 17, 2001 cp -0 T C O w Co2 0 O O I L Cl CO 4- Q.) O N t1 L C ° "O 3 . r L N O 'O U _C 0O L C : V ? (a O Ez, 03 2 (`• X 6 .(4 (� L Q> • . o a) a) _, > 2 ' 1 rn ._6 e. 0 -p U R X O U 72 i w N (o- d O p > C O (0 . (0 CO y .. Co `- y ., — LC) C (6 ° Q L w CO Y 0 c > "H 111111 UiUfl' u^ w d N', O C (C a) 2O (). •- � C7w (n � CO 3 0 2 O Q (� < c/) Qfn N Lw::, C Z co a V O ' O N Q v- Z ° _p "'' V .0 O -- d (0 O O p °• ; __ w v ' O U O Ve C U it L C U >, N p U • �..,> C (0 L N U N -.— 3 o U E '- a� L O w . 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W II V/ U —/ CO c• U • 4-2-110D CONDITIONS ASSOCIATED WITH DEVELOPMENT STANDARDS TABLE FOR SINGLE FAMILY RESIDENTIAL ZONING DESIGNATIONS 4. Allowed Projections into Setbacks: a. Fireplace Structures, Windows: Fireplace structures, bay or garden windows, enclosed stair landings, and similar structures as determined by the Zoning Administrator may project 24" into any setback; provided, such projections are: (i) Limited to 2 per facade. (ii) Not wider than 10'. b. Fences: See RMC 4-4-040. c. Ste•s ; and Decks: Uncovered steps,-A and decks not exceeding 18., above the finished grade may project to the property line. Steps and decks having no roof covering and being not over 42" high may be built within the front yard setback. e 0 Eaves: Eaves and cornices may not project up to more than 24" into any required setback . c. Eaves, cornices, steps, terraces, platforms and porches having no Foof covering and being--Flot-ever-42-'1-high-may-be-built-with-in-a4rent-yard, "Editor's Note: Section "a" under City Council review. Remove conflict regarding eaves and cornices; '1 ° = Why differences in deck height in yards? Docket.) 5. Abutting is defined as "Lots sharing common property lines". The front setback of the primary "Editor's Note: Old language - add to Table since it is an important incentive; new language emphasizes definition of abutting which is used specifically in the Code and unlike common usage of adjacent/abutting.) 6. A front yard setback of less than 20' is may-be allowed if equal to or greater than the average of the front yard setback of the existing, abutting primary structures; however, in no case shall a minimum setback of less than 20' be allowed for garages which access from the front yard street(s). 'Editor's Note: Regarding modifications, there seems to be enough flexibility by averaging. Docket-address corner lots with only one abutting primary structure.) 7. The front yard setback of the primary structure may be reduced to 10' if all parking is provided in "Editor's Note: Add to Table since it is an important incentive.) 8. For pre existing legal lots 150' or less in depth, the side yard shall be a minimum of 25'. "Editor's Note: Combined with Note 7 as newly numbered.) 79. For pre-existing legal lots501-0f-Iese-in-depth-the-M-ihiM4M-side-yaFel-shall-be- f-a-beiner-let-is having less than the minimum lot width required by this Section (75'), then the following chart *grif shall apply for determining the required minimum side yard width along a street: for each foot in Docket setbacks Dec.doc 10 December 17, 2001 width in excess of 50', the required side yard shall be increased from a minimum of 10' by 1' up to a maximum of 20'. WIDTH OF EXISTING, LEGAL LOT MINIMUM SIDE YARD WIDTH ALONG A STREET RC ZONE 150 feet or less 25 ft. R-1 ZONE Less than or equal to 50 ft. 10 ft. 50.1 to 51 ft. 11 ft. 51.1 to52ft. 12 ft. 52.1 to 53 ft. 13 ft. 53.1 to 54 ft. 14 ft. 54.1 to 55 ft. 15 ft. 55.1 to 56 ft. 16 ft. 56.1 to 57 ft. 17 ft. 57.1 to 58 ft. 18 ft. 58.1 to 59 ft. 19 ft. 59.1 and greater 20 ft. R-5 or R-8 ZONE Less than or equal to 50 ft. 10 ft. 50.1 to 52 ft. 11 ft. 52.1 to 54 ft. 12 ft. 54.1 to 56 ft. 13 ft. 56.1 to 58 ft. 14 ft. 58.1 or greater 15 ft. However, in no case shall a structure over 42" in height intrude into the 20' clear vision area defined in RMC 4-11-030. JEditor's Note: Combines Notes 8, 9 and 10 as formerly numbered and lists the widths for clarity. Need to determine the date this provision was added into the code for"pre-existing legal lots." Need to review definition of legal lot as a docket item.1 than 10' in depth. If a corner lot is less than the minimum width required by this Section but greater than 50' in width, then for every 2' in width in excess of 50', the required side yard shall be . jEditor's Note: Language combined with 7 as newly numbered.1 • 0 • and provided, that the majority of such front yards do not vary more than 6' in depth, n.o building I not be so intcrprctcd as to reduce a required front yard to less than 10' in depth. jEditor's Note: Apply Note 6 instead. Note 12 appears to be a carry- over from an older code which included R-2 and R-3 zones.1 1045. 1 ' re a L rare 3r z a x 7P71" ter '�' S6L �a^ ' � 8—a...lrar`'^s''a",ti`✓~,'.`w':Y.'alk "' F"�'"W'iW alZaai'. Y� a�"$£�' = &-s;' Docket setbacks Dec.doc 11 December 17, 2001 � aF'ed cr " � , a 4 h ;ti.a a„n a�a F& g .�a �s.� a"as E✓ ;.„ k,E�.�*dx -a ^,df:e € { v W 5 ,.,. vi�..rw w . a�'i nrfs$ a a . �. ' � �u^C ., "� ^r'3=r'I.Y" t eWi s 1�2. 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LL i 4' li 11 ; 1 1 �' I •I 1 ki ° ems. �' Q , .•® Z -1i0,==>L—..1...s 'v...,F,-r:t.4;:'-:.,.,-'-.,.:,.,.g1.i4i''1I,'."I.'..,:0.f'f.1 1i,i';.i:.:P, 1.471.i-.. 1!•j U. ,t;o1i-,.7,164.".r.-!,gf2,,'3,.;..l..1..4'pd,.,,.'t1 1"i".,:1.i...f.•:: C7 ' I a 8 M. z II •1 Z P:j 6 O 1 1 1 O Z L s L w Cl) o u 0 w o; ' u 0 N N ' 1 " 1 0 LL 1 JC V a �qy o G Q , pA�1? ��Yti:h:.�3y r.. Q 1 . SO e1, ,a LL v 1 r r 0 CZ Crir; `e ,1 p Ro Q �' a i cn r I .c a yy I— cn :, % a°� LLJ L 1 a .` a ' a J W W p ' 4 • 1 'y!y,1 try 0 j � B P 11 Q 9ce3 ,i. r 4-2-110H CONDITIONS ASSOCIATED WITH DEVELOPMENT STANDARDS TABLE FOR MULTI-FAMILY RESIDENTIAL ZONING DESIGNATIONS 1. Front and rear setbacks in the RM-U Zone may be reduced to 0' by the Reviewing Official during the site plan review process provided the applicant demonstrates that the project will provide a compensatory amenity such as an entryway courtyard, private balconies or enhanced landscaping. 2. If the structure located in the RM-U Zone exceeds 4 stories in height, a 15' front setback from the property line shall be required of all portions of the structure which exceed 4 stories. This requirement may be modified by the Reviewing Official during the site plan review process to a uniform 5' front setback for the entire structure provided that the structure provides a textured or varied facade (e.g., multiple setbacks, brickwork and/or ornamentation) and consideration of the pedestrian environment(e.g., extra sidewalk width, canopies, enhanced landscaping). 3. RC, R 1, R 5, R 8, and R 10. Minimum side yard setbacks for detached dwellings on lots with zero lot line on one side: 10 ft. on side with side yard. 5 ft. maintenance/no build easements on lots adjoining the zero lot line shall be required. [Editor's Note: Old language incorporated into table. New language moves some text from the table to the notes as it is a rare case.l 8. Allowed projection into setbacks: a. Fireplace structures, bay or garden windows, enclosed stair landings, and similar structures as determined by the Zoning Administrator may project 24" into any setback in the R-10, R-14 and RM Zones and may project 30" into a street setback in the R-14 Zone, provided, such projections are: ..- (I) Limited to 2 per facade. (ii) Not wider than 10'. .,ith ., height of i18 or less b. Fences oe,����4..�.�-�0'�0`�, .oc - "a but must be reduced to 12"to locate within the front and setback. : e ote. a atra I c. Uncovered ste•s and decks not exceeding 18" above the finished grade may project to the property line. Steps e =: and decks having no roof covering and being not over 42" high may be built within the front yard setback. M. In the R-14 Zone only, uncovered oR decks 18" or higher above •rade at an •oint alone outer ed•e of structure ma •ro'ect 24" into an interior setback Eaves and cornices may not •ro'ect u• to more than 24" into an required setbackan interior or street setback , ' + t+ H 8 `-° v Q'.;Y • Q f. Eaves, cornices, steps, terraces, platforms and porches having no roof covering and being not over 42"high may be built within a front and JEditor's Note: Section "a" under Cit Council review. Docket setbacks Dec.doc 19 December 17, 2001 Issue of retainin wall should become a docket item —where are they allowed and at what height? _ '` Noe emove conflict regarding eaves and cornices { o. Why differences in deck height in yards? Docket.1 9. A front yard setback of less than 20 ft. may be allowed by the Development Services Division if the average front setback of existing primary structures on lots abutting the side yards is less than 20 ft. In such case, the front yard setback shall not be less than the average of the front setback of the abutting primary structures; however, in no case shall a minimum setback of less than 20 ft. be allowed for garages which access from the front yard street(s). land reserves may be used to satisfy the minimum density requirements if the applicant can 'Editor's Note: Old language, apply 13 instead. New language moved from R-10 minimum front yard.l 14. Adjacent is defined as "Lots located across a street, railroad right-of-way, except limited access roads". Density and Unit Size Bonus: the purpose of the R 14 designation. Bonus criteria encourage provision of aggregated open a Appiloai4to-wishing-sush-benuses-rhust-derhonstrate-that4he-same-Or---better-results-will-OGGUF-as-a Ai" a. Bonus Densities: Dwelling unit density may be increased from 14 units per net acre to a b. Bonus Dwelling Unit Mix/Arrangement: Dwelling units permitted per structure may be (I) Primary Uses: A maximum of 4 units per structure, with a maximum structure length of 100'. height of 35', or 3 stories and a maximum structural length of 115'. 0 b. Civic uses: (I) Community meeting hall, (ii) Senior center, Docket setbacks Dec.doc 20 December 17, 2001 (iii) Recreation center, or (iv) Other similar uses as determined by the Zoning Administrator, or 0 trails, corridors or natural. (ii) Structures such as kiosks, benches, fountains and maintenance equipment storage facilities arc permitted provided that they serve and/or promote the use of the open space. (i) function as a focal point for the development, (ii) have a maximum slope of 10%, (iii) have a minimum width of 25', except for trails or corridors, (iv) be located outside the right of way, (v) be improved for passive and/or active recreational uses, (vi) be improved with landscaping in public areas, and (vii) be maintained by the homeowners association if the property is subdivided, or by subdivided. Developments which qualify for a bonus shall also incorporate a minimum of 3 features selected b. Active common recreation amenities such as picnic facilities, gazebos, sports courts, c. Enhanced ground plane texture or color (e.g., stamped patterned concrete, cobblestone, d. Building or structures incorporating bonus units shall havo no more than 75% of the garages on a single facade. f. Site design incorporating a package of at least 3 amenities which enhance neighborhood 3 22 1999) JEditor's Note: Old language - consolidated in RMC 4-9-065; new language to emphasize specific definition in RMC which is different than common usage.l Docket setbacks Dec.doc 21 December 17, 2001 15. Abutting is defined as "Lots sharing common property lines". Subject to the landscaping provisions (of the R 14 Zone). 'Editor's Note: Old language - landscape requirements are in the ", i chart already; new language—to emphasize specific word usage in RMC.' (Amd. Ord. 4773, 3-22-1999) ]Editor's Note: Moved to Table' 23. If a corner lot is less than the minimum width required by this Section but greater than 50' in width, then for every 2' in width in excess of 50' the required side yard shall be incr aced from a minimum of 10' by 1' up to a maximum of 15'. However, in no case shall a structure over 12" in height intrude into the 20' sight triangle. 'Editor's Note: The multi-family zones do not require lot widths greater than 50 feet. The RM zone has yards based on width of lot already. Irrelevant.' 21. Exemption: When 40%or more, on front foot basis, of all property on 1 side of a street between 2 the majority of such front yards do not vary more than 6' in depth, no building shall be built within further, that no new buildings be required to set back more than 35' from the street line in the R 2 this regulation shall not be so interpreted as to reduce a required front yard to less than 10' in depth- jEditor's Note: Condition appears to be a carry-over from an old code — R-2, R-3 are old designations] 2025. Reser eclwp z ,�, x ~r �3, � t � � � . <I 1- { eSB3 dmdwR k,w_ Lj Vb'x w 8 SYP�Y wsi a '• X - "ft Fes' '«•'&hb.� R,2 kc & v » °,:ca..r±.*., f..�T +:^F ..mMc..« .x-� r.*.e .. 2228. For self storage uses, rear and side yard setbacks shall comply with the Commercial Arterial Zone (CA) development regulations in RMC 4-2-120A, Development Standards for Commercial Zoning Designations. (Ord.4736, 8-24-1998) 23. For RM-U properties, perimeter street landscape strips may utilize a mix of hard surfaces, brick, stone, textured/colored concrete, and natural landscape elements, groundcover, shrubs and trees, to provide a transition between the public streetscape and the private development, subject to Level I Site Plan Review, RMC 4-9-200B1, and the general and additional review criteria of RMC 4-9-200E1 and F1, F2, and F7. In no case shall living plant material comprise less than 30% of the required perimeter landscape strip. [Editor's Note: Landscape requirements made consistent between RM-U and CD zones.] Docket setbacks Dec.doc 22 December 17, 2001 N L „. :,`-'. 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N 0 F- 7 ''' O d ca Q. a0 0 N •-• o c a - c{ W c — " "O N Z O d Cr L . 0 a o a) (0 C U o � o w > 0 2a 2Ce 2L L2 -oz3Cuca. 0 CO• (41% ¥ -- > 2 I 0r Qk R ƒ \ \ 2k m 2 O o < q c 5 0 . \ Z0 % z N / Cr) a \ w 0 a : 0 f $ N C.) Ce 0 L m O « . 0 2 « p RQ @ R 2 w a 0 -i I O z o _ 0 -o _c g .41) § 0 2 ° &2 F > > � aQ 222053 % o � � � 0 7 C 2 o M 2o � Q Ec9b " ' c • § �a 0 ® a) I- 0 0 0 a,N 1- Q o m o C _ 10 c — ■ ° m C .0 0 • § IC ■ a ■ Q oo= ' o o00 ° ° — — a • j ° Soaocn . / N = = � _ U t E � �� a) % � b / \ / " 2 § 2z o - 2 5a) $ / ° ° § e ° = / c E 4-o � / \ 0 • > o = 2 m 0 $ k � k7kf � U-I° z / k / 4-2-120C CONDITIONS ASSOCIATED WITH DEVELOPMENT STANDARDS TABLES FOR COMMERCIAL ZONING DESIGNATIONS *1110 1. As designated by the Transportation Element of the Comprehensive Plan. 2. R 1, R 5, R 8, R 10, R 1'I, or RM I. The following table indicates the maximum requested size/standard change that may be allowed by Conditional Use Permit. Increases above these levels may not be achieved by a variance or the Conditional Use Permit process. APPLICABLE ZONE STANDARD CHANGE CONDITIONAL USE REQUEST PERMIT TYPE CC Uses restricted to 3,000 gross s.f. — increases: • Between 3,000- 5,000 s.f. max. H CC Uses restricted to 5,000 gross s.f.— increases up to: - 10% or 500 gross s.f. AD - 20% or 1,000 gross s.f. H CN Uses restricted to 35,000 gross s.f. —increases up to: - 20% or 7,000 gross s.f. AD • 40% or 14,000 gross s.f. H CS Uses restricted to 65,000 gross s.f. —increases up to: • 20% or 13,000 gross s.f. AD • 40% or 26,000 gross s.f. H JEditor's Note: Old language, incorporated into Development Standard Table. New language moved from Use Table. CC zone range 3,000 to 5,000 is new and fills a"gap" in the current requlations.j 3. These provisions may be modified by the Reviewing Official Hearing Examiner 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. 'Editor's Note: Landscaping/fencing requirements should be reviewed as a docket item or separate work program. Need to review location of required walls in relation to landscaping, width and type of landscaping generally across all zones.l 56. The Reviewing Official Hearing Examiner may modify the sight-obscuring provision in order to provide reasonable access to the property through the site plan review process. 'Editor's Note: Landscaping/fencing requirements should be reviewed as a docket item or separate work program. Need to review location of required walls in relation to landscaping, width and type of landscaping generally across all zones.l n n ems ^`�� r ro v 6 f r L svr � $a r try �9 Yea Y r r e�a§.r €d8 _ � Ede r ;ar' �z sAsr�cra �..��.�ert..1��T�� sE,„4,.,�.�t.¢-as�'^•` s. �,s. ea€.�. `S'�t aas c"' u »�ar xut .a'e8 sPr:.Sr v '�t[`�'+s v'ti a a .3€� a C aP v r n^�."�''�d 5Y°"5 4",.� • '.- � d�.t�..�.€e s. a+ r�<.. .�xi E.-+, Y'°n..r���- ���•a �r 5 .� ^` -?,�', �F'aa R.z�>u ���2was,x ,k' �a*�.a,'��m. f ss a ca xrs a eta "V7; 94-0. Adjacent is defined as "Lots located across a street, railroad right-of-way, except limited access roads". Docket setbacks Dec.doc 28 December 17, 2001 %ow, 12 . See RMC 4-2-080.C. " also extend to the west property line of those properties fronting along the west side of Logan JEditor's Note: Refer to graphic.' 1414. A reduced minimum setback of no less than 15' may be allowed for structures in excess of 25' in height through the site plan review process. 'Editor's Note: Docket — determine appropriate process for variations to standards for consistency. The Use Table allows height and bulk standards to be varied by ADCUP. Bulk standards not defined. Recommend site plan review consistent with this note for setback variations.' 1620. The maximum setback may be modified by the Reviewing Official through the site plan review process if the applicant can demonstrate that the site plan meets the following criteria: a. Orient development to the •edestrian through such measures as •roviding pedestrian walkwa s be and i re•uired b the si 2 ; L 4 .'RMC e , encouraging pedestrian amenities and supporting alternatives to single occupant vehicle (SOV)transportation; and b. Create! a low scale streetscape through such measures as fostering distinctive architecture and mitigating the visual dominance of extensive and unbroken parking along the street front; and c. Promote! safety and visibility through such measures as discouraging 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. Reviewing Official may also modify the maximum setback requirement if the applicant can demonstrate that the preceding criteria cannot be met; however, those criteria which can be met shall be addressed in the site plan: M. due to factors including but not limited to the unique site design re uirements or hysical site constraints such as . areas or utility easements . or M. One or more of the � criteria would not be furthered or would be impaired by compliance with the maximum setback; or any function of the use which serves the public health, safety or welfare would be materially impaired by the required setback. 'Editor's Note: Pedestrian features are required already. Docket issue of maximum setbacks given the flexibility in modification. Have maximum setbacks been achieved?' 23. Exceptions: Eaves and cornices may extend over the required side yard for a distance of not (Ord. 1905, 8-15- 1961) 'Editor's Note: Consolidated with Note 19 as newly numbered, and eave projection standardized with residential allowances.' Docket setbacks Dec.doc 29 December 17, 2001 vas 1925. Allowed Projections into Setbacks: Eaves, cornices, Ssteps,-terrases, pplatfer-ms and s and decks having no roof covering and being not over 4.2" high may be built within a front t� Eaves and cornices may proiect up to 24" into any required setback. Accessory buildings when erected so that the entire building is within a distance of 30' from the rear lot line may also occupy the side setback of an inside lot line. Where below-grade structures are permitted to have zero front yard/street setbacks, structural footings may minimally encroach into the public right-of-way, subject to approval of the Board of Public Works (see chapter 2-3 RMC, Board of Public Works). (Amd. Ord. 4854, 8-14-2000) JEditor's Note: Combined with former Condition 23. Provisions made consistent with residential zones. Eaves and cornices in a typical building would be higher than 42", and the concern is the length of their projection into the setback. Docket - issue of accessory structures in Commercial and Industrial Zones.1 26. Exception: When 10% or more, on front foot basis, of all property on 1 side of.a street between 2 , or shall any portion, save as above excepted, project into such minimum front yard; provided, #o thcr,that no new buildings be required to set back more than 35' from the street line in the-R-2 this regulation shall not be so interpreted as to reduce a required front yard to less than 10' in depth. (Ord. 1472, 2 18 1953) JEditor's Note: Language appears to be a carry-over from an old code.l v atar � � �G s� vti t` t r r ��a ws� red€ 9 +�n.z� `4111101 r �,.w, t t €a , k a Adv, z r F �_ i�.:. n a. �. s: .�. w' �.,�.a." zq .l 3 ad ,.(. rn ' S " k �* dht P � < ` `ffika '�Po#a' efWS`�Y r'§A`cr, Y aYwe'P"iY :.Y 212-9. Except with approved master Lev -el II ite Miens. jEditor's Note: Use new terminology. Docket -issue of consistency in procedures to review variations.) 2434. COR 3 Zone Upper Story Setbacks: Buildings or portions of buildings which exceed 50 ft. in height which are located within 100 eti of - 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 succeedin• stories shall be 10 ft. minimum from the bs,mt g ��� Projects not preceding story, applicable to each story. ;���.a,A,w w � F�.� -�-��.<g, w .- meeting the u••er stor setbacks defined above ma be a••roved through ' modification •rocess ` ,-;12 — b � _ �� � � , , � � L - �� , For a modification to be granted, the project .<x .�5 h zv<�a a .^,a^�^e� �vt `,.�srs � -.;.?� �a.e} must also comply with the decision and design criteria stipulated in RMC 4-9-250D2 and D4. (Ord. 4802, 10-25-1999) 'Editor's Note: Consolidates Development Standards Requirements into the note to shorten Table.) 25 Within the CD Zone, perimeter street landscape strips may utilize a mix of hard surfaces, brick, stone, textured/colored concrete, and natural landscape elements, groundcover, shrubs and trees, to provide a transition between the public streetscape and the private development, subject to Level I Site Plan Review, RMC 4-9-200B1, and the general and additional review criteria of RMC 4-9-200E1 and F1, F2, and F7. In no case shall living plant material comprise less than 30% of the required perimeter landscape strip. (Ord. 4854, 8-14-2000) Docket setbacks Dec.doc 30 December 17,2001 26. In COR 3, where the applicable Shoreline Master Program setback is less than 50 fad, the City may increase the setback up to 100 M' if the City determines additional setback area is needed to assure adequate public access, emergency access or other site planning or environmental considerations. [Editor's Note: Consolidates Development Standards Requirements into a note to shorten Table.l 27. COR-3 Modulation/Articulation Requirements: Buildings that are immediately adjacent to or abutting a public park, open space, or trail shall incorporate at least one of the features in items 1 through 3, and shall provide item 4: 1. Incorporate building modulation to reduce the overall bulk and mass of buildings; or 2. For each dwelling unit, provide at least one architectural projection not less than 2 ft. from the wall plane and not less than 4 ft.wide; or 3. zfoq z ertical and horizontal modulation of roof lines and facades of a minimum of 2 ft. at an interval of a minimum of 40 ft. on a building face or an equivalent standard which adds interest and quality to the project; and 4. Provide building articulation and textural variety. [Editor's Note: Consolidates Development Standards Requirements into a note to shorten Table.l Nose- Docket setbacks Dec.doc 31 December 17, 2001 )24 CI N a) e Nc. ___________ Tr OL a v- Lrikitn G1 LWIL* (4 (.1) 31.: a) — ¢ U N ' p Q i 0- z, e — C O ai r L aA Cl) S' r` Z ''i sr' w L , O O S L 1 , e. N r S' a �e1 ` CO In LJJ �. 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Q .i.. .� • s2, ,.:e; 'Cc op lO O C E > _N 4-- or, O 3 0 , o V E i7y z p 9,1 E 'a �_ — ; • k E ., f C E' C� t' a) fO N E " H . O N 3 L to ") ,' 3 112 t0 3" aI• ?) 3 •';.' cg O d • L. a) _ �O c a N �� . 'p 0 3 d ;Its°- 5 - - •'L e1bta � - C co 'a O .� N -pCn .>+ to - a UJ CO Z 'E Cr L1 9 2-.D.i yx , 'C y ` s 4: C_ `o'•c a y CC • Q 0 a RS -0 2 O Q d u) 3y'9 44 f�.5 Q' Q J" .3' G (U s Q a O ,--, ,_ -0 Z 3 co 0 Q 4-2-130B CONDITIONS ASSOCIATED WITH DEVELOPMENT STANDARDS TABLE FOR INDUSTRIAL ZONING DESIGNATIONS 4*1.10 1. As designated by the Transportation Element of the Comprehensive Plan. 2. R 1, R 5, R 8, R 10, R 11 or RM I. 'Editor's Note: Residential zones incorporated into Table."' 23. These provisions may be modified by the Reviewing Official Hearing Examiner 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. Any modification of such setback shall be granted by the Hearing Examiner using the criteria for 'Editor's Note: Redundant of 2 and 6 as renumbered."' 35. Provided that a solid 6' high barrier wall is provided within the landscape strip and a maintenance agreement or easement for the landscape strip is secured. A solid barrier wall shall not be located closer than 5'to an abutting lot zoned R-1, R-5, R-8, R-10, R-14 or RM-I. 69. The Reviewing Official Hearing Examiner may waive the sight-obscuring provision in order to provide reasonable access to the property through the site plan review process. 740. Areas set aside for future development on a lot may be hydroseeded. An adequate means of irrigation shall be provided. JEditor's Note: Docket issue of landscaping and consistency among similar zones/circumstances."' 844. Except by approval by Administrative Conditional Use Permit in the Employment Area Valley(see RMC 4-2-080.B), or of tithe Hearing Examiner Conditional Use Permit outside the Employment Area Valley. 'Editor's Note: Use Table allows bulk and height variations by ADCUP in the EAV. The amendments to this note reconcile the general allowances by HECUP with the Use Table allowance in the EAV."' 1043. Adjacent is defined as "Lots located across a street, railroad right-of-way, except limited access roads". 114-5. Allowed Projections into SetbacksExceptions: Eaves and cornices may extend over the required side-yard setback for a distance of up to net mere-than 2124". Accessory buildings when erected so that the entire building is within a distance of 30' from the rear lot line may also occupy the side setback of an inside lot line. Steps ,,- - and decks having no roof covering and being not over 42" high may be built within a front setback (Ord. 1905, 8-15-1961) 'Editor's Note: Makes provisions consistent with residential and commercial zones. Docket — issue of accessory structures in Commercial and Industrial Zones."' 16. Eaves, cornices, steps, terraces, platforms and porches having no roof covering and being not over 12" high may be built within a front yard. 'Editor's Note: Consolidated with Note 11 as renumbered. Eaves and cornices in a typical building would be higher than 42", and the concern is the length of their projection into the setback."' Docket setbacks Dec.doc 34 December 17, 2001 0 2 intersecting streets at the time of the passage of this Code has been built up with buildings lot and that this regulation shall not be so interpreted as to reduce a required front yard to less than 10' in depth. (Ord. 1172, 2 18 1953) JEditor's Note: Appears to be a carry-over from an old code referencing R-2 and R-3 zones.l 1248. Includes principal arterials as defined in the Aarterial Sstreet map of the City's 6 Year Transportation Improvement Plan. z � Arterial streets within the Central Business District — bounded by the Cedar River, FAI 405 Freeway, South 4th Street, Shattuck Avenue South, South Second Street, and Logan Avenue South — shall be exempt from this setback requirement. JEditor's Note: Made consistent with arterial classes referenced in the TIP, and administrative determinations.l Docket setbacks Dec.doc 35 December 17, 2001 4-11-250 DEFINITIONS Y: YARD: An open unoccupied space between a building and the lot line on which the building is located. YARD REQUIREMENT: An o•en s•ace on a lot or block unoccupied b structures, unless s•ecificall authorized otherwise. r (:- g C4, 1.,;� . V:iir)_ gm. The Development Services Division shall ."a R ..,ia:.:c< ,�>.�,a r•�Fez..... ,... .c:,IL: determine the various requirements for uniquely shaped lots and pipestem lots. A. Front Yard: The yard requirement which separates the ==. structur- from public right(s)-of- way. For "through" lots and parcels with no street frontage the front yard - will be determined b the Development Services Division Director ani .' sf N ! ug � . c� is 44 4 4 i 4_ Z52, o sum ri Rear Yard: The yard requirement opposite - the front yard. 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. . Side Yard: The and re•uirement which is neither a front and s [ir. '; Afgrz" nor a rear yard il=alvailt ilv thi ,. r_m ,: {, i Docket setbacks Dec.doc 36 December 17, 2001 is TITLE 4 DEVELOPMENT REGULATION AMENDMENT PROCESS Background: State law requires that all jurisdictions include in their"...development regulations a procedure for any interested person, including applicants, citizens,hearing examiners, and staff of other agencies, to suggest plan or development regulation amendments. The suggested amendments shall be docketed and considered on at least an annual basis..."(RCW 36.70A.470). The City of Renton currently does not include a formalized development regulation amendment process. Additionally, State law requires that the development regulation amendment process is conducted in such a way that allows for public review of the amendments. A development regulation amendment process will be useful both for developing implementing regulations for any Comprehensive Plan amendments which occur on an annual basis, and for any code fixes that become apparent through a development proposal or citizen inquiry. Recommendation: The code language developed below,has been modeled on the current Comprehensive Plan Amendment process. The recommended code language is developed to allow development regulation amendments at least annually. An exemption section allows development regulation amendments to continue to occur, as needed, outside of the process and timeline outlined below. **earThe suggested code language is intended to provide a minimal framework within which the City can conduct its annual development regulation amendment process. 1 12/21/2001 IVO r.da;i $, s;i>; as��;.�':.st� :5� wr�..q; .i;:,.x, "E.r';•>:;;x... __'z��.s�:. • ...... ... - -� _. . ...,<_... .. . .__.. .... .. ..a_.,..,,....'.r.s..,:i..,'` �.ii vv i.. . • «,G6;•;"'"4.i•i,. •.<, ..•.:• • .............�.. »._... _....:.s„mw�.^.<rn.>.:...,...�:�'':...:.:a'��,`•.a.0 ,.._._..a .... ....::..::.;..yE r.:.••.:.��-:,.aAs,s"�... ,4�,:_ :i�.. �� r�3d''�fib�;�s,, -�%s;�n�";&,^"`�;R�rg �-��lS .<" :„�.x, .•.,.:y.,..�... '. .:>. ,i£ .; 49L 8:`. '•• ;3'Ea'' .............................:,�:.. ,•: '": .��.:4s.$.� .:.fo .... ._. ....,_....• ... • _.��:"'«'.._:,_. .... .. .. .. ._ W ' l,:=;A;,gig ?';i' ;i..< ,y„1,s,�<g .ea.c At.: ..�:.• i�?��.,"s�. . 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':.3'vs4➢• z '' ;,„9g= :.;iga''g:,, ze°r: n<?t s* w•a• a? a'�x9 T'z :.S>.�:��:xss4:_a.�3:....=A.86�.§•z.a�€P.s, �.6.�"..: "a`< `?:". ... ..,_... ..... _. ,. _,... ..._. ... ...... .. :'e• : • i V A7 G , e a. a 8�' � ... .... hF f'• s `;.� ..�,� ...e � :.i.im' • w w 44 > :egg! z rsg j§i�n�EIS �' Br> ;gwa.�.�r�a „��#_� <��e;:.e g b @g`�, ,�a' ,_...�.'"T .... vk..r ., • d V-, �i ;,'�3*e;r � •it�'���� .:�'��!€f€:�Lt!l �E •<"�! .,��_�. ��,:�.3 _l„ .., �C ..� 2 12/21/2001 �� :_ FY� `fi•�« a`« .�, --rsC ` •Fit° s7Fia5 4Yiy � „._h:.:e'�°.,.. E `$` 3...a...,..'>".t.«. F.o $ ff• $$3'..'�a,`. D x�s3.:�u.`....57®a °6..m�. ',�...S.ea.. di.F ;£ d3 ....?...<..�..1,'.: es r e ees Fri 8a €6 � 4 a' a f � #f ``rr `rrrr�' 3 12/21/2001 RMC 4-4-080 AMENDMENTS PARKING REQUIREMENTS TABLE Background: Proposed changes to the Zoning Use Table have necessitated similar changes to the"Parking Spaces Required Based on Land Use"table(RMC 4-4-080F10e). Other proposed amendments are for clarity of language, and ease of use. Recommendation: Suggested amendments include: 1. Making land uses,where applicable, consistent with the new land use categories in the Zoning Use Table in Chapter 2. 2. Moving the"mixed-use occupancies"and "uses not specifically identified"sections to the top of the table for ease of use. 3. Making language and formulas as consistent as possible in the table. 4. Moving information on tandem parking requirements out of the"Parking Spaces Required Based on Land Use"table and locating them in RMC 4-4-080F8, "Parking Stall Types, Sizes, and Percentage Allowed/Required." 5. Removal of optional recreational vehicle parking language as unnecessary. 6. Consolidation of shopping center requirements vs. non-shopping center requirements. 12/21/2001 RMC 4-4-080F. 8. Parking Stall Types, Sizes, and Percentage Allowed/Required: a. Standard Parking Stall Size—Surface/Private Garage/Carport: i. Minimum Length: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 Width: A parking stall shall be a minimum of nine feet(9')in width measured from a right angle to the stall sides. iii. 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'). 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 Garage/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 Parking: A parking stall shall be a minimum of seven feet, six inches(7'6")in width.A parking stall shall be a minimum of twelve feet(12') 44S 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 Compact Spaces: Compact parking spaces shall not account for more than: • Designated employee parking—not to exceed forty percent(40%). • Structured parking—not to exceed fifty percent(50%). • All other uses—not to exceed thirty percent(30%). Special Reduced Length for Overhang: The Planning/Building/Public Works Department may permit the parking stall length to be reduced by two feet(2'), provided there is sufficient area to safely allow the overhang of a vehicle and that the area of vehicle overhang does not intrude into required landscaping areas. Customer/Guest Parking:The Development Services Division may require areas be set aside exclusively for customer or guest parking and shall specify one of the following methods be used: *4400 1 12/21/200112/10/2001 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 customer parking and adequately signed as such. M. Accessible Parking as Stipulated in the Americans with Disabilities Act(ADA): Accessible parking shall be provided per the requirements of the Washington State Barrier Free Standards as adopted by the City of Renton. [INSERT TABLE HERE] 2 12/21/200112/1012001 RMC 4-4-080F.1.0.e. USE NUMBER OF REQUIRED SPACES ;,,_.w.�[Editor's Note: This section was moved from"OTHER" at end of section to allow developers to more clearly understand how mixed-uses and non-specified uses work] Ned RESIDENTIAL USES: Detached and semi-attached: 2 � = per dwelling unit.Tandem parking is allowed. �` .Mobile homes: 2 - �tiY c-r- s„< a � ,� � ,���� ,trailer site plus 1 screened space for each 10 lots for recreational vehicles. Boarding and lodging houses: wfz,a slee s in: roomr... �. „k-ti� �������� �,_gy ��.�� plus 1 additional space for each 4 persons employed on the premises. Attached dwellings(structured parking): Resident and guest spaces: n the CD,and RM-U Zones: 1.8 a per 3 bedroom or larger dwellin: unit; 1.6 • per 2 bedroom dwelling unit; 1.2g r = per 1 bedroom or studio dwelling unit. 12/21/2001 RMC 4-4-080F.10.e. Attached dwellin Is surface •arkin i rivate arage/carport parking) Resident and guest spaces: Within the CD Zone: 1.8 @ ;, :per 3 bedroom or larger dwelling unit; 1.6 xR «n per 2 bedroom dwelling unit; 1.2 parking-spases-per 1 bedroom or studio dwelling unit. Within the RM-N,RM and RM-I Zones: 2 `mm Wig44. . ._ dwelling unit where tandem spaces are not provided; and/or 2.5 spaces per dwelling unit where tandem parking is .rovided, sub'ect to the riteria [Editor's Note: Moved this section to RMC 4-4- 080F.8.d. 4 1 , and All Other Zones: 1.75 dwelling unit where tandem spaces are not provided; and/or 2.25 rtA;.;Ww per dwelling unit where tandem Markin! is .rovided, sub'ect to the: > zy criteria [Editor's Note: Moved this section to RMC 4-4- 080F.8.d. y R f`°'", nes r a,sw-°P'. ...-,.ice."= �.<_ ...,z�.&"T'."x ,=a•.. ,."�4. °Y.. 12/21/2001 RMC 4-4-080F.10.e. 'Editor's Note: Suggestion to remove these optional standards. ^ '. Screening can be required through • --- site .lan review an wa -. �.:o'ov. x.4aa';i�a .9 T.e c' ✓_ rm�. ,s.-„i:_ a ., s _ :ad .°v 4'<,t.xi�.,', 3,,...w.. g,," raa'% .✓�'.?`..+...:.5^ �..5«,.a ge f g;- : dwelling for low 1 for each 4 dwelling units. income elderly: COMMERCIAL ACTIVITIES __ rive ;I businesses Stacking space:The drive facility shall be which maintain drive so located that sufficient stacking space is provided for facilitte P , : the handling of motor vehicles using such facility S x during .eak business hours of such a facile ,l . F., .'.-}'�_.. m..,.. •. .: ..-Y.% i!<A4 .'°i."..^.L'\',S,'.ax�•.?' ..°-Sire;.v S`:.:�,3:`,�'"�Y�4.3°. Y Y y • Driveway location: Entrances and exits shall be located so as not to cause con_estion in an .ublic $ ri:ht-of-wa :�"�.o l b •x '3.$$Y Za'S$°, Y S' '9""..�4$d t�9'' - - .. '� i <4 ;*,. -}`.,-n�•�$M1.. ;..... \ 4 ^"n.� ... a•y ral A. Banks: A minimum of M4 per each 17000 feet of gross floor area and not more than a maximum of M5 per each 13800 square feet of gross floor area except when part of a shopping center. (Ord. 4517, 581995) 12/21/2001 RMC 4-4-080F.10.e. Drive-u' windows: 5 spaces for stacking for each station y tl C Convalescent 1 � ` for -> F 2 em.lo ees •lus 1 for a each 3 beds. =_ Da care ; 1 for each employee;and 2 loading spaces within 100 :`�:; e �', of the main entrance for every 25 clients of the Abe program. Drive sl business: 1 50 s•uare feet of Es oss floor area a. Hotels motels 1 ;�" .. guest room .44 age E _;plus 2 for e t�=at 3 employees. Mortuaries or funeral homes: 1 bad 100 square feet of floor area of assembly rooms. rz r� vehicle sales � "�� ,. 1 61 � i ����5,000 square feet. The sales area is not : Outdoor retail sales a parking lot and does not have to comply with areas: dimensional 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'perimeter landscaping area is provided; • they are not displayed in required landscape areas; and • adequate fire access is provided per Fire Department approval. 'ehicle �,', _ � repair • _ x s•uare feet of: oss floor rr;� .Y h LP•"i�,t` ..ens .:.. area ¢, R ._., � _. COMMERCIAL ACTIVITIES .ra=£ = `` : (Continued) Offices-Medical and dental: �.. R g ." s•uare feet of gross floor area . -,... ,. . . (Ord. 3988,4281986) Offices A minimum of 3 per each 1,000 feet of gross floor g a area and not more than a maximum of 4.5 parking spaces .er each 1,000 square feet of gross floor area s . (Ord.4517 �. 12/21/2001 RMC 4-4-080F.10.e. 581995) IWO g 1 100 square feet of gross floor area Y po _ 3 `z«�: .:L".`a taverns , m e: , 1 75 square feet of gross floor area Combination sit- ., , �,.��:.: _ ffe. • (Ord. 3988,4281986) down-drive restaurant: Retail A minimum of 14 per each 100 feet of gross floor area and not more than a maximum of 5 .er each 1. 00 s•uare feet of gross floor area m � � e �tm. (Ord.4517 581995) ;. for each 00 square feet of• oss floor area othing or shoe repair E ' d ;_• shops,furniture,appliance, hardware stores,household equipment: Recreational and entertainment uses: �g >, ' „ T i - 1 for �..P,=`4 fixed seats or 1 for each 100 square ditoriums, feet of floor area of main auditorium or of principal � F Y` place of assembly not containing fixed seats, st-- ra s�'4:�a ^a rr e- -v r y s` , � „5. , ��,� whichever is greater. Bowling alleys: 5 for each alley . Dance halls, 1 for each 40 square feet of: oss floor are skating rinks: Golf driving ranges: 1 for each driving station. Marinas: 2 per 3 slips.For private marina associated with a residential complex,then 1 •er 3 slips.Also 1 loadin: area per 25 slips. ; b Miniature golf courses: 1 for each hole. Other recreational: 1 for each occupant based upon 50%of the maximum occupant load as established by the adopted Building and Fire Codes of the City of Renton. (Ord. 3988, 4281986) 12/21/2001 RMC 4-4-080F10.e. Moved to new SHOPPING CENTERS section,belowl Travel trailers: 1 for each trailer site. Uncovered commercial area, � � �� 10 square feet of retail sales outdoor nurseries: area in addition to an .arkin: re.uirements for building � . (Ord. 3988,4281986) sow ' s = 8 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.Parking for offices associated with hangars is 1 per 200 square feet. Manufacturin • � ) A minimum of 1 for each 1; ;,10 square feet of gross f >` laboratories, floor area and no more than a maximum of 15 Ft. 1r41, spaces per 1 00 square feet of gross floor area(but to include warehousing space). (Ord.4517, 581995) INDUSTRIAL/STORAGE ACTIVITIES: (Continued) Self service storage: 1 for each 3,500 square feet of gross floor area. Maximum of three moving van/truck spaces in addition to required parking for self service storage uses in the RM-I Zone. (Ord.4736, 8241998) '` : storage area: for each 10 square feet of area. Warehouses and i iJi storage 1 for each 1,500 square feet of gross floor area. buildings: PUBLIC/QUASI-PUBLIC ACTIVITIES: : 1 for each 5 seats in the main auditorium,provided that spaces for any church shall not be less than 10. 12/21/2001 RMC 4-4-080F.1.0.e. For all existing churches enlarging the seating capacity of their auditoriums, 1 additional parking space shall be provided for each 5 additional seats provided by the new construction.For all churches making structural alterations or additions which do not increase the seatin: ca.aci of the auditorium, see" • 1 for each 3 beds!plus 1 for each staff doctor,plus 1 for each 3 employees. for eachI square feet in office and public use. Public post office: M3 for every 1100 square feet. Schools: Elementary and junior high: 1 for each 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 sufficient to park each bus. *41104 Senior high schools: public, 1 for each employee plus 1 space for each 10 students parochial and private: enrolled.In addition,if buses for the private transportation of children are kept at the school, 1 off- street parking space shall be provided for each bus of a size sufficient to park each bus. Colle t es and universities 1 for each employee plus 1 for each 3 students residing on campus,plus 1 space for each 5 day students not E� k 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. (Ord. 3988,4281986) 'Editor's Note: Moved this section to top of table' �..�....�...r<._ m�.�..x_�„a_v_�.,,s_,.a aa.�..., ;�,Via..;,��,' _S;�e es..&..__w x�.,,,a--. .r•.:Ya m�.-,.a.,.z 'a®.,.r o.1s`�."y..�...5,k.,c:s�: _v ax 12/21/2001 RMC 4-4-080F.10.e. F 6 >Ea Y L, . '�d,f i. '.Y. A:1�"Y. x .:D':'i✓-, ..l«,:Y- 12/21/2001 PROPOSED TITLE IV REVISIONS TO: CHAPTERS 1 TO 11 & TITLE 6, CHAPTER 6 December 11 , 2001 With Revision Marks 0). PRINCIPAL AUTHORS: Economic Development/Neighborhoods/Strategic Planning Department Bucher,Willis& Ratliff Corporation TITLE 4 ZONING USE TABLE CROSS-REFERENCE WHITE PACKET/YELLOW PACKET WAITE PACKET YELLOW PACKET SUBJECT PAGE PAGE AGRICULTURE,RESOURCE 2 4-2-19 through 4-2-20 PRODUCTION&ANIMAL KEEPING RESIDENTIAL 3 4-2-20 through 4-2-23 RETAIL 5 4-2-23 through 4-2-26 CULTURAL,ENTERTAINMENT,& 7 4-2-26 through 4-2-28 RECREATION OFFICE AND CONFERENCE 9 4-2-28 through 4-2-29 SERVICES 10 4-2-29 through 4-2-32 VEHICLE-RELATED ACTIVITIES 12 4-2-32 through 4-2-34 STORAGE 14 4-2-34 through 4-2-35 INDUSTRIAL 15 4-2-35 through 4-2-40 PUBLIC FACILITIES 17 4-2-41 through 4-2-43 UTILITIES 18 4-2-43 through 4-2-44 GENERAL ACCESSORY USES 20 4-2-44 TEMPORARY USES 20 4-2-44 through 4-2-45 CITY OF RENTON ECONOMIC DEVELOPMENT, NEIGHBORHOODS & STRATEGIC PLANNING MEMORANDUM DATE: December 13, 2001 TO: Dan Clawson, Council Presid;nt Members of the Renton Ci ouncil VIA: Jesse Tanner,Mayor FROM: Sue Carlson, EDNSP Administrator _J� STAFF CONTACT: Gil Cerise, Senior Planner(x6578) SUBJECT: RMC Title 4 Proposed Amendments Attached to this cover memo, you will find a packet of materials to be reviewed at the Committee of the Whole meeting on Monday, December 17, 2001. The volume of this material is such that staff anticipates taking more than one Committee of the Whole meeting to discuss these proposed amendments. The packet consists of: 1. "Yellow"packet(enclosed in notebook) entitled "Proposed Title IV Revisions to: Chapters 1 — to 11 and Title 6, Chapter 6 December 11, 2001 With Revision Marks." This packet contains proposed revisions with strike-through of deleted (or moved) content, and underlined of added(or moved) content. 2. "White" packet (inserted in back of notebook) entitled"Proposed Title IV Revisions to: Use Table, Use Notes, Selected Definitions, December 11, 2001 with Revisions Accepted — 11x17." This packet contains proposed revisions to the Use Table with associated use notes and definitions shown on the same page for ease of use. Proposed revisions have been accepted in this version, showing how the Use Table will look once changes are accepted. Each packet contains boxes highlighting the more substantive changes proposed. Boxes with shading indicate a subject matter that staff believes needs to be scrutinized in more detail. These items will be placed on an issue docket to be reviewed and brought back to you at a later date. Changes that Planning Commission has proposed as a result of their review have been placed in gray-striped boxes. A more detailed presentation on proposed changes will be given at the Committee of the Whole meeting. If you have any questions prior to the Committee of the Whole meeting, you can contact Gil Cerise at x6578. cc: Alex Pietsch,EDNSP Director Rebecca Lind,Planning Manager Neil Watts,Development Services Director Jennifer Henning,Principal Planner H:\ECON_DEV\New H Drive Folders\Title IV\Multiple Zone Amends\TITLE IV 2001\COW cover memo.doc\p PROPOSED TITLE IV REVISIONS TO: CHAPTERS 1 TO 11 & TITLE 6, CHAPTER 6 December 11, 2001 With Revision Marks bal PRINCIPAL AUTHORS: Economic Development/Neighborhoods/Strategic Planning Department Bucher,Willis& Ratliff Corporation RMC 4-1 4-1 ADMINISTRATION AND ENFORCEMENT CHAPTER GUIDE: Chapter 1 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 development regulations, listing fee information, and referencing violation and penalty consequences. 'Editor's Note: Recommend adding Use Guide to the Table of Contents to assist with user understanding. Below, the Table of Contents is listed with Sections proposed for amendment italicized.) SECTION PAGE 4-1-010 TITLE 4-1-020 PURPOSE 4-1-030 AUTHORITY TO ADOPT REGULATIONS 4-1-040 CONFORMITY WITH DEVELOPMENT REGULATIONS REQUIRED (RESERVED) 4-1-050 ROLES AND RESPONSIBILITIES 4-1-4 A. Planning/Building/Public Works Administrator or Designee B. Board of Public Works C. Environmental Review Committee D. Board of Adjustment E. Planning Commission F. Hearing Examiner G. City Council H. Review Authority For Multiple Permit Applications 4-1-060 COMPREHENSIVE PLAN A. Purposes of Plan B. Description of Plan C. Plan Elements D. Adoption 4-1-070 CONSISTENCY OF REGULATIONS WITH COMPREHENSIVE PLAN A. Consistency Required B. Instruments Implementing The Comprehensive Plan 4-1-7 4-1-080 INTERPRETATION A. Conflicts and Overlaps B. Requirements Listed Are Minimums C. Terminology D. Duty of Zoning Administrator- Conflicts 4-1-8 4-1-090 LIABILITY A. City Officer or Employee Not Liab►e B. Liability of Owner or Builder Not Reduced C. Disclaimer of Liability 4-1-100 ENFORCEMENT A. Enforcement Officer �.r.• 4-1-110 VIOLATIONS AND PENALTIES chapter 1_amend.doc 4-1-1 December 11, 2001 RMC 4-1 A. Violation Unlawful B. Violations of This Chapter and Penalties 4-1-120 SEVERABILITY 4-1-130 TITLE NOT EXCLUSIVE 4-1-140 BUILDING FEES A. Building Permit Fees B. Combination Building Permit Fees C. Building Plan Check Fee D. Nonresidential Energy Code Fees For Alterations Without Associated Floor Area (Deleted By Ord. 4768, 3-8-1999) E. Energy Code Fees For New Nonresidential Projects With Associated Floor Area F. Electrical Permit Fees G. Grade and Fill License Fees H. House Moving/Minimum Inspection Fee Inspection Fee For Condominium Conversions J. Manufactured/Mobile Home Installation Fees K. Mechanical Permit Fees L. Plumbing Permit Fees M. Sign Permit Fees N. Swimming Pool/Hot Tub/Spa Installation Fees O. Miscellaneous Fees 4-1-150 FIRE PREVENTION FEES A. Fire Plan Review and Inspection Fees B. Fire Permit Type 4-1-160 SCHOOL IMPACT MITIGATION FEES A. Findings and Authority B. Definitions C. Impact Fee Program Elements D. Fee Calculations E. Assessment of Impact Fees F. Exemptions and Credits G. Appeals and Independent Calculations H. The Impact Fee Account, Uses of Impact Fees, and Refunds I. Interlocal Agreement J. Adoption of The District Capital Facilities Plan and Submission of The Annual Updates and Report and Data K. Review L. Special Fund Created M. City Not Responsible N. Severability 4-1-170 LAND USE REVIEW FEES A. Application Type B. Joint Land Use Applications C. Refund of Land Use Application Fees 4-1-180 UTILITY FEES A. Latecomer's Fees B. Public Works Plan Review and Inspection Fees C. Public Works Construction Permit Fees D. Release of Easement Fees chapter 1_amend.doc 4-1-2 December 11, 2001 RMC 4-1 E. Right-of-Way Use Permit Fees—Revocable Permits For The Use of Excess Public Right-of-Way F. Special Assessment District Charges G. Street and Alley Vacation Fees H. Temporary Surface Water Connection Fees I. System Development Charges (Sdc)—Water, Wastewater and Surface Water 4-1-190 MITIGATION FEES 4-1-200 EXTRA FEES chapter 1_amend.doc 4-1-3 December 11, 2001 RMC 4-1 4-1 ADMINISTRATION AND ENFORCEMENT 4-1-050ROLES AND RESPONSIBILITIES: The regulation of land development is a cooperative activity including many different elected and appointed boards and City staff. The specific responsibilities of these bodies is set forth belew in RMC 4- 8-070. [Editor's Note: Moved to RMC 4-8-070 to consolidate.) -DESIGNEE: 1. Authority: The Planning/Building/Public Works AdministFater or his-or her designee shall review a. Building and grading permits, b. Conditional approval permits for nonconforming structures, c. Conditional use permit, administrative, d. Critical area regulation alternates and modifications, e. Critical Areas Regulation administrative determinations per RMC 4 3 050D4, Review Authority, f. Modifications of the number of required parking stalls and the requirements of the g. Interpretation of flood insurance rato map boundaries, h. Lot line adjustments, i. Master site plan review(individual phases), j. Minor modifications to previously approved site plan, k. Modifications to development standards in the Centers Residential Demonstration *4111100 Amd. Ord. 1802, 10 25 1999; Ord. 4821, 12 20 1999) I. Modifications of storm drainage requirements, m. Modification of Geologic Hazard Regulations for man made slopes, n. Modifications/waivers of sewer code requirements, o. Public art exemption certificate, p. Review of business licenses for home occupations, q. Routine vegetation management permits, r. Shoreline exemptions, s. Shoreline permits, t. Short plats four(4)or less, u. Site plan approval, administrative, v. Temporary emergency wetland permits, w. Temporary use permits, x. Variances Administrative pursuant to RMC 4 9 250B1c, y. Waivers of right of way dedication for plat. (Amd. Ord. 1777, 4-19-1999; Ord. 1835, 3 27 2000; Ord. 4851, 8 7 2000) B. BOARD O 1. Waivers and--defer 2. Revocable permits fo 3. Sewer modifications, alternates, and appeals pursuant to RMC 1 9 250D and E and 4 8 110D, respectively-,- chapter 1_amend.doc 4-1-4 December 11, 2001 RMC 4-1 4. Variances from chapter 8 7 RMC, Noi 5. Appeals of administrative decisionsldeterminatiens regarding requests for modification of storm drainage regulations, (Ord. 4342, 2-3 1992) 6. Waivers to allow a commercial or multi family residential driveway grade of between 8% and 15%. (Ord. 4722, 5 11 1998) C. ENVIRONMENTAL REVIEW COMMrTEc The Environmental Review Committee shall: 1. Make threshold determinations for environmental checklists, • 3. Authorize circulation of draft environmental impact statements, �!. Approve and issue final environmental impact statements, 5. Approve mitigation conditions for mitigated determinations of nonsignificance and final environmental impact statements. (Ord. 4722, 5 11 1998) D. BOARD OF ADJUSTMENT: • in this Chapter, • 1. Comprehensive Plan: Duties related to the Comprehensive Plan as described in chapter 2 10 RMC, Planning Commission. 2. Shoreline Master Program Amendments: Recommendations to City Council regarding 3. Area-Wide Zoning: The Planning Commission, in conducting area land use analysis, may from • la • chapter 1_amend.doc 4-1-5 December 11, 2001 RMC 4-1 F. HEARING EXAMINER: ,4410 a. App als of administrative decisions/determinations and ERC decisions (including, but not Council, (Amd. Ord. 4821, 12 20 1999) b. Appeal Bui-leting`r c. Bulk storage special permit and variances from the bulk storage regulations, d. Conditional approval permit for nonconforming uses, c. Conditional use permit, f. Fill and grade permit, special, plan, h. Mobile home parks, preliminary and final, i. (Reserved} j. Shoreline conditional use permit, k. Shoreline variance, Short plat five (5) to nine (9) lots, in. Site plan approvals requiring a public hearing, n. Special permits, o. Variances associated with a development permit that requires review by the Hearing Examiner, 3 27 2000) q. Variances from the land clearing and tree cutting regulations, r. Variances from the wireless communication facility development standards, s. Variances from the provisions of the subdivision regulations relating to short plats, t. Buildingil permits submitted in conjunction with any of the above, and (Ord. 4587, 3 18 p } u. Interpretation: It shall be the duty of the Hearing Examiner to interpret the provisions of made part of this Code, in cases where the street layout actually en the ground varies Ord. 3101, 1 17 1977; Ord. 1827, 1 21 2000; Ord. 4835, 3 27 2000) the City Council on the following: , b. Preliminary plats, c. Planned unit developments, d. Special permits requiring Council approval. 'Editor's Note: As relocated, item 3 combined with item 2 since Hearing Examiner makes recommendations to the City Council regarding preliminary plats.1 �. Appeals: Unless otherwise specified, any decision of the Environmental Review Committee or pursuant to RMC 4 8 110E, Appeals. (Ord. 4584, 2 12 1996) chapter 1_amend.doc 4-1-6 December 11, 2001 RMC 4-1 G. CITY COUNCIL: 1. Annexations, (Ord. 4587, 3-18-1996} 2. Appeals of H aring Examiner decisions (any appea 3. Appeals of staff determinations of whether or not a proposal is considered a bulk storage facility, (Ord. 2962, 9 8 1975; Amd. Ord. 2967, 9 22 1975; Amd.-Ord. 3592, 12 14 1981} 4. Comprehensive Plan map or text amendment, 5. Dedications of property for public purposes, 6. Development regulations text amendment, 7. Final plats, 8. Preliminary plats, 9. Planned unit developments, preliminary and final, 10. Release of'4414.0- 11. Rezones with associated Comprehensive Plan amendment, 12. Rezones with associated Comprehensive Plan map or text amendment, 13. Street vacations, 14. Variances from the provisions of the subdivision regulations relating to a full subdivision, 15. Zoning Code amendments. (Ord. 4587, 3 18 1996} H R VIEW-AUTHORITY-FOR If 11U1 TIOI E PERMIT IC.TION T �l[-ii�V'L i'Tl'ZL-1"'EI Whore required permits are subject to different types of permit review procedures, then all the associated applications. (Ord. 4587, 3 18 1996) 4-1-070 CONSISTENCY OF REGULATIONS WITH COMPREHENSIVE PLAN: B. INSTRUMENTS IMPLEMENTING THE COMPREHENSIVE PLAN: In order to fully accomplish the objectives and principles of the Comprehensive Plan, and as same may be amended from time to time, all resolutions and regulations of the City concerned with the development and welfare of the community and its people shall be considered in the light of and related in principles, objectives and policies set forth herein. 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 of official implementation, among others, will be developed in detail to embody the necessary controls, regulations, standards and penalties, and upon adoption by the City Council will implement the Comprehensive Plan: chapter 1_amend.doc 4-1-7 December 11, 2001 RMC 4-1 1. Title 4— Development Regulations: Chapter 1 Administration and Enforcement Chapter 2 Land UseZoninq Districts: Uses and Standards Chapter 3 Environmental Regulations and Special Overlay Districts Chapter 4 City-Wide Property Development Standards Chapter 5 Building and Fire Prevention Standards Chapter 6 Street and Utility Standards Chapter 7 Subdivision Regulations Chapter 8 Permits—General and Docision&Appeals Chapter 9 Procedures and Review CriteriaPermits - Specific Chapter 10 Nonconforming Structures, Uses and Lots 'Editor's Note: Use New Chapter Titles, intended to better guide the code user to the appropriate chapter.' 4-1-080 INTERPRETATION: D. DUTY OF ZONING ADMINISTRATOR—CONFLICTS: In the event that there is a conflict between either the development standards or special development standards listed in chapter 4-2 RMC, Land UeoZoninq Districts: Uses and Standards, and the standards and regulations contained in another Section the Zoning Administrator shall determine which requirement shall prevail based upon the intent of the zones. Life, safety and public health regulations are assumed to prevail. (Ord. 4404, 6-7-1993) 114101 chapter 1_amend.doc 4-1-8 December 11, 2001 RMC4-2 4-2 LAND-US€ZONING DISTRICTS: USES AND STANDARDS CHAPTER GUIDE: Chapter 2 contains zone-related land use regulations, and zone-related development standards, primarily in tabular form. Chapter 2 additionally includes provisions for interpreting the Zoning Map that delineates the zoning and overlay districts. and provisions for determining the permissibility of unclassified uses. In contrast, Chapter 3 applies to any property in the City that contains certain environmental characteristics, and Chapter 3 also applies overlay districts that may or may not include more than one zone in order to apply special use restrictions and/or standards. Chapter 4 applies regulations to property City-Wide, regardless of zone district. Chapter 2 does not contain procedural information. Related permit processes (e.q. site plan review, variance, conditional use permit, etc.) are located in Chapters 8 and 9. 'Editor's Note: Recommend adding Use Guide to the Table of Contents to assist with user understanding. Below,the Table of Contents is listed with Sections proposed for amendment italicized.] SECTION PAGE 4-2-010 ZONES AND MAP DESIGNATIONS ESTABLISHED 4-2-4 A. Comprehensive Plan Designations B. Zoning Map C. Zoning Districts D. Additional Restrictions on Land Use E. Zones Implementing Comprehensive Plan 4-2-020 PURPOSE AND INTENT OF ZONING DISTRICTS 4-2-7 A. General B. Resource Conservation Zone(RC) C. Residential-1 du/acre(R-1) D. Residential-5 du/acre(R-5) E. Residential-8 du/acre(R-8) F. Residential Manufactured Home Park Zone(RMH) G. Residential-10 du/acre(R-10) H. Residential-14 du/acre (R-14) 1. Residential Multi-Family(RM) J. Convenience Commercial Zone(CC) K. Center Neighborhood Zone(CN)and Center Suburban (CS)Zones L. Center Suburban Zone(CS) ML. Commercial Arterial Zone (CA) AIM. Center Downtown (CD) ON. Commercial Office Zone(CO) PO. Center Office Residential Zone(COR 1, COR 2 and COR 3) OP. Industrial-Light Zone(IL) RQ. Industrial-Medium Zone (IM) SR. Industrial-Heavy Zone (IH) T. Public Use Zone (P 1' 4-2-030 ZONING MAP INTERPRETATION 4-2-13 A. Boundaries B. Differences in Street Layout C. Conflict Between Zoning Map and Chapter Text D. Conflict Between Zoning Map and Legal Description of Rezone Ordinance E. Designation of Special Zoning Categories and Time Limitations F. Yearly-Update-efAnnual Map Update chapter 2_amend.doc 4-2-1 December 11, 2001 RMC 4-2 4-2-040ZONING REGULATION INTERPRETATION 4-2-13 A. Wireless Communication Facilities *01110 4-2-050 PERMITTED LAND USES ESTABLISHED 4-2-14 A. Categories of Uses Established B. Zoning Use Tables Established C. Interpretation of Zoning Use Tables 4-2-060 ZONING USE TABLE 4-2-18 A. Agriculture, Resource Production and Animal Keeping B. Residential C. Retail Sales D. Wholesale Sales ED. Cultural, Entertainment and Recreational FE. Office and Conference GF. Services 1=1G Vehicle-Related Activities 41-1. Storage �I. Manufactur-ing-and-Industrial • K. Commercial/Industrial Accessory Uses LJ. Public Facilities J IAK. Schools Public and PrivateGeneral Accessory Uses Pk Temporary Uses O. Prohibited Uses, Specifically Identified 4-2-070 ZONING USE TABLE [Editor's Notes: These tables to be amended where appropriate consistent with 4-2-060.1 A. Resource Conservation (RC) B. Residential-1 du/ac (R-1) C. Residential-5 du/ac (R-5) D. Residential-8 du/ac (R-8) E. Residential Manufactured Homes (RMH) F. Residential-10 du/ac (R-10) G. Residential-14 du/ac (R-14) H. Residential Multi-Family(RM) I. Convenience Commercial (CC) J. Center Neighborhood (CN) K. Center Suburban (CS) L. Commercial Arterial (CA) M. Center Downtown (CD) N. Commercial Office (CO) O. Center Office Residential (COR) P. Industrial Light (IL) Q. Industrial Medium (IM) R. Industrial Heavy(IH) 4-2-080 CONDITIONS ASSOCIATED WITH ZONING USE TABLES 4-2-47 A. Subject to the Following Conditions B. Employment Area Valley C. Downtown Core Area D. Downtown Pedestrian District 4-2-090 PUBLIC ZONE(P-1) 4-2-81 (Editor's Note: To be deleted upon completion of P-1 Rezones.j A. Permitted Uses chapter 2_amend.doc 4-2-2 December 11, 2001 RMC 4-2 B. Prohibited Uses r.. C. Development Standards 4-2-100 ZONING STANDARDS TABLES A. Standards Established B. Tables C. Interpretation of Tables 4-2-110 RESIDENTIAL DEVELOPMENT STANDARDS 4-2-84 A. Single Family Residential Zoning Designations (Primary and Attached Accessory Structures) B. Single Family Residential Zoning Designations (Detached Accessory Structures) C. Residential Manufactured Home Park Zoning Designation D. Conditions for Single Family Zoning Designations E. Illustrations F. Multifamily Residential Zoning Designations (Primary and Attached Accessory Structures) G. Multifamily Residential Zoning Designations(Detached Accessory Structures) H. Conditions for Multi-Family Residential Zoning Designations I. Illustrations 4-2-120 COMMERCIAL DEVELOPMENT STANDARDS 4-2-134 A. Commercial Zoning Designations B. Commercial Zoning Designations C. Conditions for Commercial Zoning Designations D. Illustrations 4-2-130 INDUSTRIAL DEVELOPMENT STANDARDS 4-2-161 A. Industrial Zoning Designations B. Conditions for Industrial Zoning Designations 4-2-140 VIOLATIONS OF THIS CHAPTER AND PENALTIES chapter 2_amend.doc 4-2-3 December 11, 2001 RMC 4-2-010 to 050 4-2 ! AND US€ZONING DISTRICTS: USES AND STANDARDS 4-2-010ZONES AND MAP DESIGNATIONS ESTABLISHED: A. COMPREHENSIVE PLAN DESIGNATIONS: The City has been divided into comprehensive land use designations: COMPREHENSIVE PLAN DESIGNATION MAP SYMBOL Residential Rural (RR) Residential Single Family (RS) Residential Options (RO) Residential Planned Neighborhood (RPN) Residential Multi-Family Infill (RM-I) Center Neighborhood (CN) Center Suburban (CS) Center Downtown (CD) Center Office Residential (COR) Center Village (CV) Center Institutional (CI) Employment Area Commercial (EAC) Employment Area Office (EAO) Employment Area Industrial (EAI) Employment Area Valley (EAV) Employment Area -Transition (EAT) Convenience Commercial (CC) (Ord. 4519, 5-15-1995) f Editor's Notes: Adds new designations.] B. ZONING MAP: This Chapter shall consist of the this text hereof as well as that certain map on file in the office of the Clerk marked--and--designated as the Zoning e}Map of the Zoning Act of the City„ . Said Act, and each and all of the terms, are 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 Chapter is to be read and interpreted in the light of the contents of said-the Zoning reMap. (Ord. 4302, 12-17-1990) a part of this Code. (Ord. 1472, 12-18-1953; Amd. Ord. 3101, 1-19- 1977, eff. 1-1-1977) fEditor's Notes: Edits are intended to simplify language for ease of interpretation.] C. ZONING DISTRICTS: The City is hereby divided into the following types of zoning districts and the following map symbols are established: ZONE MAP SYMBOL Resource Conservation (RC) Residential-1 DU/ACDwelling Unit Per Acre (R-1) Residential-5 DU/ACDwellinq Units Per Acre (R-5) Residential-8 Dwelling Units Per AcreDU/AC (R-8) 401110 Residential Manufactured Home (RMH) chapter 2_amend.doc 4-2-4 December 11, 2001 RMC 4-2-010 to 050 ZONE MAP SYMBOL Residential-10 Dwelling Units Per AcreDU/AC (R-10) Residential-14 Dwelling Units Per AcreDU/AC (R-14) Residential Multi-Family Urban (RM-U) Residential Multi-Family Suburban (RM-C) Residential Multi-Family Neighborhood (RM-N) Residential Multi-Family Infill (RM-I) Light Industrial (IL) Medium Industrial (IM) Heavy Industrial (IH) Convenience Commercial (CC) Center Neighborhood (CN) Center Suburban (CS) Arterial Commercial Arterial (CA) Center Downtown (CD) Commercial Office (CO) Center Office Residential (COR) Public Use 4-P-44 (Ord. 4519, 5-15-1995) (Editor's Notes: P-1 zone properties are to be phased out completely before the end of 2001.1 D. ADDITIONAL RESTRICTIONS ON LAND USE: TYPE OF LAND USE RESTRICTION ZONING MAP SYMBOL Auto Mall Restrictions Dot Pattern Public Use Designation "P" TYPE OF LAND USE RESTRICTION REFERENCE OR CODE SECTION NO. Airport Use Restrictions RMC 4 3 020 Airport Related Use Restrictions RMC 4-3-020 Aquifer Protection Restrictions RMC 4-3-050 Auto Mall Restrictions RMC 4-3-040 Downtown Core Area RMC 4-2-070M and 4-2-080C Downtown Pedestrian District RMC 4-2-070M and 4-2-080D Planned Unit Developments RMC 4-9-150 Restrictive Covenants See Property Title Report Suburban/Neighborhood Center Residential Bonus RMC 4-3-095 District Urban Center Design Overlay RMC 4-3-100 (Amd. Ord. 4851, 8-7-2000) JEditor's Note: Adds other overlay or special regulations inadvertently omitted previously.l chapter 2_amend.doc 4-2-5 December 11, 2001 R M C 4-2-010 to 050 E. ZONES IMPLEMENTING COMPREHENSIVE PLAN The Comprehensive Plan Designations are implemented by certain zones: COMPREHENSIVE PLAN IMPLEMENTING DESIGNATION ZONES Residential Rural (RR) Resource Conservation (RC), Residential - 1 DU/AC (R-1), Residential - 5 DU/AC (R-5) Residential Single Family(RS) Residential - 5 DU/AC (R-5), Residential - 8 DU/AC (R-8), Residential Manufactured Home Park (RMH) Residential Options (RO) Residential - 10 DU/AC (R-10), Residential Manufactured Home Park (RMH) Residential Planned Neighborhood Residential - 14 DU/AC (R-14) (RPN) Residential Multi-Family Infill (RM-I) Residential Multi-Family Infill (RM-I) Center Neighborhood (CN) Center Neighborhood (CN), Residential Multi- Family Center Neighborhood (RM-N) 1,000 Center Suburban (CS) Center Suburban (CS), Residential Multi- Family Center Suburban (RM-C) Center Downtown (CD), Center Downtown (CD), Residential Multi- Family Urban Center(RM-U) Center Office Residential (COR) Center Office Residential (COR) Center Institutional (CI) Commercial Office (CO), Industrial Light (IL) Center Village (CV) Residential - 10 DU/AC (R-10), Residential — 14 DU/AC (R-14), Residential Multi-Family Center Suburban (RM-C), Residential Multi- Family Urban Center(RM-U), Residential Townhouse (RT), Center Suburban (CS), Center Village (CV) Employment Area Commercial (EAC) Commercial Arterial (CA) Employment Area Office (EAO) Commercial Office (CO1 Employment Area Industrial (EAI) Industrial-Light (IL), Industrial-Medium (IM), Industrial-Heavy (IH) chapter 2_amend.doc 4-2-6 December 11, 2001 RMC 4-2-010 to 050 COMPREHENSIVE PLAN IMPLEMENTING DESIGNATION ZONES Employment Area Valley(EAV) Commercial Arterial (CA), Commercial Office (CO), Industrial-Light (IL), Industrial-Medium (IM), Industrial-Heavy (IH), Resource Conservation (RC) Employment Area -Transition (EAT) Center Downtown (CD), Center Office Residential (COR), Commercial Office (CO), Industrial-Light (IL), Industrial Heavy(IH) Convenience Commercial (CC) Convenience Commercial (CC) [Editor's Note: For ease of administration and to shorten purpose statements of the zones, the above chart identifies zones implementing Comprehensive Plan designations. The list of zones is based on a review of the current Zoning Map in relation to the Comprehensive Plan map, and Comprehensive Plan policies.) 4-2-020 PURPOSE AND INTENT OF ZONING DISTRICTS: [Editor's Note: The amendments to the Purpose Statements in this section are intended to refine the characteristics and function of the zones, consistent with the Comprehensive Plan.) A. GENERAL: The purpose statements for each zone and map designation set forth in the following sections shall be used to guide interpretation 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. Additionally, Reviewing Official approval of projects in the zones is contingent upon the determination that the proposed developments are consistent with the purpose of the zone and the policies of the Comprehensive Plan. [Editor's Note: Would codify basic interpretation and provisions of the Growth Management and Regulatory Reform laws, as well as shorten purpose statements.) B. RESOURCE CONSERVATION ZONE (RC): The Resource Conservation Zone (RC) is established to provide a semi-rural residential zone which conserves open space, lands of local or historical importance for agricultural uses and critical or resource areas.low-density and less intense residential zone which endeavors to conserve critical areas and maintain agricultural activities. These regulations shall also assure that the use ^f land within an adjacent to those lands shall not interfere with their This Zone promotes uses thatcontinued use for the are compatible with the functions and values of designated sCritical or resource areas. Areas and allow for continued production of food and agricultural products. No minimum density is required. The Resource Conservation Zone is also intended to providesprovide separation between areas of more intense urban uses; encourages or preserves semi uraiencourage or preserve low-density residential uses; reduce the intensity of uses in accordance with the extent of environmentally sensitive areas such as floodplains, wetlands-and streams1 and-aquifers, wildlife habitat, steep slopes, and other geologically hazardous areas. This zoning designation may be permitted in an areas; and allow for hobby farming to commence or continue. (Ord. 4404, 6-7-1993) (Editor's Note: The Comprehensive Plan designation name of Rural Residential will likely be proposed for change with the Year 2002 Comprehensive Plan Update.) chapter 2_amend.doc 4-2-7 December 11, 2001 RMC 4-2-010 to 050 C. RESIDENTIAL-1 DU/ACRE(R-1): The Residential-1 Dwelling Unit Per Acre Zone (R-1) is established to provide and protect suitable environments for low-densitysuburban estate single-single-family residential usesdwellings. at a maximum density of-one dwelling unit per net acre and allow for hobby farming associated with the residential use. It is further intended to protect open space,space and criticalar as and resource areas, provide separation betweenurbaR usesneighborinq jurisdictions, and prohibit the development of incompatible uses that are detrimental to the residential or open space environment. Tlis Land Use Element of the Comprehensive Plan.No minimum density is required. (Ord. 4523, 6-5-1995) D. RESIDENTIAL-5 DU/ACRE(R-5): The Residential-5 Dwelling Units Per Acre Zone (R-5)applics to the Residential {1 }—and King County Urban Growth is established to promote urban single-family residential neighborhoods of intermediate density, serviceable by urban utilities and containing amenity open spaces. The Residential- 5 Dwelling Units Per Acre Zone (R-5) will allow a maximum net density of five (5) dwelling units per acre. No minimum density is required. The R-5 designation serves as a transition between rural designations and higher density and more intense zones. It is intended as an intermediate density residential zone; applied to Residential Single Family (RSF) areas within one-half (1/2) mile of the King County Urban Growth Area Line and to Residential Rural (RR) areas with no significant environmental constraints. Traditional or cluster development is allowed, with clustering used to create open spaces that protect critical areas as well as extend open space amenities available to the residents. The clustering of development may also be allowed to meet objectives such as the provision of sewer service. (Ord. 4537, 6-19-1995) JEditor's Note: Move sewer service statement to RMC 4-7 in sewer requirements., E. RESIDENTIAL-8 DU/ACRE(R-8): The Residential-8 Dwelling Units Per Acre Zone (R-8) is established for single-single-family residential dwellings allowing a range of five (5) to eight (8) dwelling units per acre, with the goal of obtaining a density of eight (8) dwellings units per net acre. It is intended to prohibit the development of uses that are designated asDevelopment in the R-8 zone is intended to create new opportunities for single-single-family residential neighborhoods and to facilitate high-quality infill development that increases density while maintaining the single-family character of the existing neighborhood. It is intended to accommodate uses that are compatible with and support the residential environment. F. RESIDENTIAL MANUFACTURED HOME PARK ZONE(RMH): The Residential Manufactured Home Park Zone (RMH) is established to promote development that is single-family in character, developed to offer a choice in land tenancy. Standards provide for safe and high-quality manufactured home neighborhoods. The RMH Zone is intended to protect established manufactured home parks and to expand the variety of affordable housing types available within the Cityl+r�i Comprehensive Plan). (Ord. 4404, 6-7-1993) chapter 2_amend.doc 4-2-8 December 11, 2001 RMC 4-2-010 to 050 G. RESIDENTIAL-10 DU/ACRE (R-10): `..� The Residential-10 Dwelling Units Per Acre Zone (R-10) is established for medium density residential development that will provide a mix of residential styles including detached dweii+ngs;dwellings or semi- attached dwellings on small lots, attached townhouses, and small-scale attached flat dwellings. Development promoted in the zone is Corehensive-Plan Lan�f-lase-Map. Thytent of +hie Zone s +i ofol !• !1) +mp a }intended to increase opportunities for detached and semi-attached single-family dwellings as a percent of the housing stock. as well as allow some small-scale attached housing choices and to create hihigh- quality infill development that increases density while maintaining the single single-family character of the existing neighborhood. Allowable base densities range from seven (7) to ten (10) dwelling units per acre, with a total density bonus of 13 dwelling units per acre for 100% detached dwellings. The zone serves as a transition to higher density multi-family zones. (Ord. 4502, 3-13-1995; Amd. Ord. 4773, 3-22-1999) H. RESIDENTIAL-14 DU/ACRE (R-14): The purpose of the Residential-14 Dwelling Units Per Net Acre Zone (R-14) is to encourage development of new residential neighborhoods that provide a mix of detached dwellings, semi-attached dwellings, and attached dwelling structures which are organized and designed to combine characteristics of both typical detached single-single-family and small small-scale multi-family developments. Densities range from eight (8) to fourteen (14) units per acre with opportunities for bonuses up to eighteen (18) dwelling units per acre. Structure size is intended to be limited in terms of bulk and scale so that the various 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, common open spaces and landscaped areas whicthat enhance a neighborhood and foster a sense of community. Civic and limited commercial uses may be combined with residential development when they support the purpose of the designation. • (Ord. 4614, 6-17-1996) I. RESIDENTIAL MULTI-FAMILY (RM): 1. Purpose: The Residential Multi-Family Residential Zone (RM) is established to provide and protect suitable environments for multi-family dwellings. It is further intended to pc-Gm-eta conditionally allow uses that are compatible with and support a multi-family environment. 2. Classifications: The density allowed under this Zone will be identified by the suffix that is applied. 2. This Zone will normally be applied with one of four (4) suffixes: "U" (Urban Center), "C" 3. Where permitted: This zoning may be permitted i chapter 2_amend.doc 4-2-9 December 11, 2001 RMC 4-2-010 to 050 a. "U" will occur in areas designated a (Urban Center). The RM-U Zone provides for high-density, urban-scale multi-family residential development that supports the downtown and allows for alternative transportation mode choices. Development standards promote a pedestrian scale environment and amenities. Density ranges from 25 to 100 du/acre to 150 du/acre with bores)—bonus. This Zone, combined with the CD Zone, is intended to implement the Urban Center defined in the Comprehensive Plan. b. "C"will occur in areas designated as Suburban Center(10 to 20 du/acre). b. "C" (Suburban Center). The RM-C Zone is intended to support nearby commercial centers. The residential scale and density is consistent with the scale and intensity of the Center Suburban zone. Density ranges from 10 to 20 du/acre. c. "N"will occur in areas designated as Neighborhood Center(10 to 15 du/acre). c. "N" (Neighborhood Center). The RM-N Zone is intended to support nearby commercial centers. The residential scale and density is consistent with the scale and intensity of the Center Neighborhood zone. Density ranges from 10 to 15 du/acre. d. "I" will occur in areas designated as Residential Multi Family Inflll (10 to 20 du/acre). {Ord. 4631, 9 9 1996) d. "I" (Inf ill). The RM-I zone allows for the development of inf ill parcels in existing multi- family districts with compatible projects. Expansion of the Zone is limited according to Comprehensive Plan policies. Density ranges from 10 to 20 du/acre. J. CONVENIENCE COMMERCIAL ZONE(CC): The purpose of the Convenience Commercial Zone (CC) is to provide for small-scale convenience retail/commercial centers ffering incidental retail and service needs of the adjacent area. Uses serving a larger area may be appropriate if they also serve the residents of the ,4000, immediate area and are compatible with the scale and character of the neighborhood_--which-they-are located. (Ord. 4473, 9-12-1994) K. CENTER NEIGHBORHOOD ZONE `):(CN) AND CENTER SUBURBAN (CS)ZONES: 1. Purpose: The purpose of the Center Neighborhood Zone (CN)and Center Suburban Zones (CN; CS) is to provide for mixed mixed-usen►eighberhood commercial centers located outside downtown Renton. Use allowances promote commercial and retail development opportunities for residents to shop locally. Uses and standards allow complementary, higher-density residential development that supports the Centers, and discourage garden-style, multi-family development. The Suburban and Neighborhood Oemmercial--Center Residential Demonstration District is applied to portions of the CN and CS Zones in order to require superior residential projects which complement commercial uses, provide ground floor commercial activity along arterials, and provide transition between intensive commercial areas and surrounding single-family neighborhoods. 2. Scale and Character: The CN and CS Zones differ in terms of character, density, intensity and height: a. CN Zone: The Center Neighborhood Zone is intended to provide suitable pedestrian- oriented environments for neighborhood-scaled retail and commercial development,net-to andoriented to serve the needs of the adjacent-neighborhood abutting or adjacent to the cCenter. Floor area, heights and density are intended to recognize the function of the Center and surrounding_ neighborhoods. (Ord. 4404, 6-7-1993) *411110 chapter 2_amend.doc 4-2-10 December 11, 2001 RMC 4-2-010 to 050 L. CENTER SLUBURBAN ZONE (CS): b. CS Zone: The purpose of the Center SuburbanZone (CS) is to provide for mixed use commercial centers located outside downtown Renton. The Community Commercial Zone is intended to provide suitable environments for district-scaled retail and commercial sixty five thousand (65,000) gsf/use without a conditional use permit,development that would cerveservinq more than one neighborhood, but not provide providing Citywide services. The CS Zone allows for a greater floor area, height and density than the Center Neighborhood Zone. ]Editor's Note: Need to affirm CN zone "pedestrian-oriented" statement in light of recent Comprehensive Plan policy amendments.] M.L. COMMERCIAL ARTERIAL ZONE (CA): The purpose of theArterial Commercial Arterial Zone (CA) is to provide suitable environments for "strip'-auto-oriented commercial development. The CA Zone provides for a wide variety of indoor and outdoor retail sales and services along high-volume traffic corridors. N:M. CENTER DOWNTOWN (CD): The purpose of the Center Downtown Zone (CD) is to provide a mixed mixed-use urban commercial center serving a regional market as well as high-density residential development. Uses include a wide variety of retail sales, services, multi-family residential dwellings; and recreation and entertainment uses . This Zone, is intended ombined with the RM- U, is intended to implement the Urban Center defined in the Comprehensive Plan. (Ord. 4404, 6-7-1993) OM. COMMERCIAL OFFICE ZONE (CO): The Commercial Office Zone (CO) is established to provide areas appropriate for professional, administrative; and business offices and/or related uses, offering high-quality and amenity work environments. Office uses of various intensities are allowed in these areas to create an Employment Center as defined in the Comprehensive Plan. In addition, a mix of limited retail and servicesupport to the employees of these areas are alloweduses may be allowed to primarily support other uses within the Zone, subject to special conditions. Limited light industrial activities, which can effectively blend in with an office environment, are flowed as are medical' adopted land use policies, the zone arc institutions and related uses. (Ord. 4649, 1-6- 1997) R:O. CENTER OFFICE RESIDENTIAL ZONE (COR 1, COR 2, and COR 3): 1. Purpose: The purpose of the Center Office Residential Zone is to provide for a mix of intensive office, hotels and convention centers and residential activity in a high--high-quality, master planned development, which--that is integrated with the natural environment. Commercial retail and service uses that are architecturally and functionally integrated are permitted. Also, commercial uses which-that provide high economic value may be allowed if designed with the scale and intensity envisioned for the COR Zone. Policies governing these uses are primarily contained in the Land Use Element, Center Office Residential section, of the City's adopted-Comprehensive Plan. The scale and location of these softy sites will typically denote a gateway into the City and should be designed accordingly (see also chapter 2_amend.doc 4-2-11 December 11, 2001 RMC 4-2-010 to 050 Land Use Element, Community Design — Gateways section). Since the sites function as gateways, the site planning should incorporate features of interestand use for to the users. .,,, 2. Location: In order to address differing site conditions, and recognizing the gateway and environmentally sensitive features of these sites, this Zone is divided into three (3) sections: COR 1, COR 2, and COR 3. a. COR 1 is applied to the property commonly known as the Stoneway Concrete Site. b. COR 2 is applied to the property commonly known as the Port Quendall Site. c. COR 3 is applied to the property commonly known as the Southport Site. 3. Scale and Intensity: COR 1 and 2 share the same uses and development standards, but differ in heights allowed. COR 3 shares a majority of uses allowed in COR 1 and COR 2 as well as most development standards, but differs primarily in densities allowed.COR 1 is applied to the property Quendall Site. COR 3 is applied to the property known as the Shuffleton Site. (Amd. Ord. 4802, 10-25-1999) QhP. INDUSTRIAL-LIGHT ZONE(IL): The purpose of the Light Industrial Zone (IL) is to provide areas for low intensity manufacturing, industrial services, distribution and storage in areas designated as Employment Area Industrial in the Gomprehensive—Plan. Uses allowed in this District Zone are generally contained within buildingsad_ raMaterial and/or equipment used in production are not stored outside. Activities in this District Zone do not generate external emissions such as smoke, odor, noise, vibrations or other nuisances outside the building. Compatible uses which directly serve the needs of other uses in the district--Zone are also allowed. "41100 R,O. INDUSTRIAL-MEDIUM 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 in areas designated as Employment Area industrial in the Comprehensive Plan. Uses in this District Zone may require some outdoor storage and may create some external emissions of noise, odor, glare, vibration, etc., that are largely contained on site. Compatible uses which directly serve the needs of other uses permitted within the district are also allowed. &R. INDUSTRIAL-HEAVY ZONE(IH): The purpose of the Heavy Industrial Zone (IH) is to provide areas for high high-intensity industrial activities involving heavy fabrication, processing of raw materials, bulk handling and storage, construction and heavy transportation . Uses in this District Zone may require large outdoor areas in which to conduct their operations and produce environmental impacts beyond their-ownindividual sites that require their isolation from more sensitive land uses. Compatible uses which directly serve the needs of other uses permitted within the district are also allowed. (Ord. 4404, 6-7-1993) T. PUBLIC USE ZONE (P-1): The Public Zone (P 1) is established to provide and protect sui public in the Comprehensive Plan. (Ord. 3722, 4 25 1983) [Editor's Note: P-1 Zone to be eliminated when P-1 rezones are complete at the end of the veal chapter 2_amend.doc 4-2-12 December 11, 2001 RMC 4-2-010 to 050 4-2-030 ZONING MAP INTERPRETATION: [Editor's Note: Future docket items include amending zoning map interpretation provisions, including status of PUD's.l A. BOUNDARIES: The said-district boundaries are, unless otherwise indicated, the centerlines of streets, alleys or lot lines as shown on the said-maps. Where the location of the boundaries in such districts, as indicated on these maps, are shown to be other than street, alley or lot lines, then such boundary shall be construed to be distance one hundred twenty feet (120') from, and parallel with, the frontage street line, unless shown to be otherwise by a distance in figures. 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 by the Planning Commission to the street as actually laid out so as to carry out the intent and purpose of the zoning plan of that district. (Ord. 1472, 12-18- 1953, Amd. Ord. 3101, 1-17-1977, eff. 1-1-1977) C. CONFLICT BETWEEN ZONING MAP AND CHAPTER TEXT: If any conflict exists between the Zoning District Map and the text of this Chapter is +„d- arico, 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 ordinance for any particular parcel of property, then-the adopted Zoning Map will govern. Once any conflict is shown .�,.. to exist, then-the City Council shall ask the aAdministration to determine the source of the conflict and to make a recommendation for any future action by the Council. The Council will then hold a public hearing to determine if it wishes to take any future action to resolve the conflict or permit the Zoning Map . Notification of the public hearing will be given to the property owners and parties of record to the rezone. E. DESIGNATION OF SPECIAL ZONING CATEGORIES AND TIME LIMITATIONS: Properties having a zoning category subject to a time limitation, such as a Planned Unit Development (PUD) approval or reversionary zoning, and those properties under contract rezone shall be specially designated on the Zoning Map to indicate their special nature and give notice to the public that further inquiry into their zoning status is necessary. F. YEARLY UPDATE OFANNUAL MAP UPDATE: The Zoning Map of the City of Renton shall be updated and presented to the Council on a y arlyan annual basis for adoption by the Council as the formal and legal zoning classification for the properties within the corporate limits of the City. (Ord. 4302, 12-17-1990) 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 development regulations, including but not limited to setback requirements, lot coverage requirements: and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots. chapter 2_amend.doc 4-2-13 December 11, 2001 RMC 4-2-010 to 050 2. Installation Not Considered an Expansion of Nonconformity: Towers that are constructed; and antennas that are installed;in accordance with the provisions of this Chapter shall not be deemed ;,fir to constitute the expansion of a nonconforming use or structure. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. (Ord. 4689, 11-24-1997) 4-2-050 PERMITTED LAND USES ESTABLISHED: A. CATEGORIES OF USES ESTABLISHED: This Section establishes permitted, conditional,temperary, accessory and prohibited uses, by zone, for all properties within the Renton City Limits. All uses are-in a given zone, are one of coven (7)six (6) types: PRIMARYPERMITTED USES: Land uses perre+ttedallowed outright within a zone. zone, CONDITIONAL USES (ADMINISTRATIVE): Land uses which may be permitted within a zoning district following review by the Development Services Division Director to establish conditions mitigating impacts of the use and to assure compatibility with other uses in the district. aller proportion of the total uses in the zone. except as provided in the zoning code. . the use and assure compatibility with other uses in the district. CONDITIONAL USES (HEARING EXAMINER): Uses with special characteristics that would-may not generally be appropriate within a zoning district,but may be permitted subject to review by the Hearing Examiner to establish conditions to protect public health, safety and welfare. ACCESSORY USES: Uses customarily incidental and subordinate to the principal Use and typically located upon the same lot occupied by the principal use. Some accessory uses are specifically listed, particularly where a use is only allowed in an accessory form, whereas other accessory uses are determined by the Development Services Division on a case by case basis per RMC 4-2-050.C.4 and C.6, Accessory Use Interpretations and Unclassified Uses. period. PROHIBITED USES: Any use which is not allowed in a given zone.specifically enumerated or interpreted by the City as allowable in that district. Any use not specifically listed as a primary, sesendary,permitted, conditional,temperary or accessory use shall be prohibitod,is prohibited, except those uses determined and intent of the zone; and (2) similar in nature tote be unclassified and permitted by the Development t se:Services Division Director pursuant to RMC 4-2-040.C.4. (Ord. 4523, 6-5-1995, Amd. Ord. 4549, 8-21-1995, 2-12-1996;Ord. 4587, 3-18-1996; Ord. 4595, 4-8-1996) UNCLASSIFIED USE: A use which does not appear in a list of permitted, conditionally- permitted. or accessory uses, but which is interpreted by the Development Services Division chapter 2_amend.doc 4-2-14 December 11, 2001 RMC 4-2-010 to 050 Director as similar to a listed permitted, conditionally-permitted or accessory use, and not otherwise prohibited, pursuant to RMC 4-2-050.C6, Unclassified Uses. fEditor's Note: Eliminate distinction between primary and secondary uses. Secondary uses are considered permitted, subject to any listed conditions, same as Permitted uses with specified conditions. Accessory uses modified on Use Table to list uses typically only allowed in accessory form. Otherwise accessory uses "float", since not all accessory uses can be listed easily, or are known today. A process is added to determine how an unlisted accessory use can be permitted in Section C below. The above definitions also clarify prohibited versus unclassified uses for which a determination process is also added in Section C below.l 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 "primary", "secondary","permitted," "conditional", "acres ory", or "temporary"or "accessory" use. The zZone district is located on the horizontal 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: P Primary-UsePermitted Use S Secondary Use AD Conditional Use—Administrative H Conditional Use—Hearing Examiner AC Accessory Use Temporary Use 2. Other Requirements Applicable: Any of the above uses are subject to the review procedures specified in chapter 4-9 RMC, Procedures and Review CriteriaPermits - Specific, the development standards of chapters 4-3, Environmental Regulations and Special Overlay Districts, 4-4, City-Wide Property Development Standards, and 4-67 Street and Utility Standards; and may be subject to additional conditions as noted in subsection C3 of this Section. The aAquifer pProtection regulations of RMC 4-3-050, Critical Areas Regulations, further restrict usage of those properties located within the Aquifer Protection Area Boundary shown in RMC 4-3-0500, Maps. (Amd. Ord. 4851, 8-7-2000) 3. Additional Use-Related Conditions: If a number also appears at the intersection of the column and the row, the use is also subject 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 or not they are specifically identified in this Chapter or not. 4. Accessory Use Interpretations: The Development Services Division Director may determine if a classified use even if not specifically listed as accessory, or an unclassified use, 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 allowed as an accessory use utilizing the rules of interpretation in subsection "a". If the applicant does not concur with the interpretation of whether a use is accessory or 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 detail, shall incorporate `accessory use" interpretations upon approval by �..► the legislative authority. chapter 2_amend.doc 4-2-15 December 11, 2001 RMC 4-2-010 to 050 a. Rules of Interpretation for Accessory Uses: To determine whether a use is permitted as accessory, the Development Services Division Director shall utilize the following rules of interpretation: If a use is permitted or conditionally-permitted in a zone as a primary use, an accessory form of the use may be permitted with the same permit type as the primary use, unless specifically stated otherwise. For example, if the primary form of the use requires a Hearing Examiner Conditional Use Permit, the accessory form of the use also requires a Hearing Examiner Conditional Use Permit, unless specifically stated otherwise. ii. If a use is permitted or conditionally permitted as a primary use, subject to location restrictions, the accessory form of the use is also subject to the same location restrictions as the primary use, unless specifically stated otherwise. For example, if a use is restricted to a location within the Employment Area Valley (EAV) land use designation, then the accessory form of the use is only permitted in the EAV, unless specifically stated otherwise. iii. If no symbol appears in the box at the intersection of the column and the row, the use may be allowed as an accessory use if the use is determined to be incidental, necessary and commonly found with the permitted or conditionally permitted use and is consistent with the definition of accessory uses or structures in RMC 4-11. Provided that outdoor storage shall not be permitted as accessory if no symbol appears at the intersection of the column and the row. iv. Required parking, required site utilities/facilities, and other development standards required in order to establish or operate a use on a site according to the RMC are considered accessory. JEditor's Note: Accessory uses are modified on the proposed Use Table to list uses typically only allowed in accessory form. Otherwise accessory uses "float", since all accessory uses cannot be listed easily, or *44111 are known today. A process is added to determine how an unlisted accessory use can be permitted.] 45. Prohibited Uses: If no symbol appears in the box at the intersection of the column and the row, the use is not-atlowedprohibited in that district unless otherwise determined by the ProhibitedDevelopment Services Division Director, pursuant to this subsection 4-2-050.C.6, Unclassified Uses or C.4 Accessory 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 "a". Should interpretation be made that a proposed, unlisted use not be allowed in a specific zoning district, the Director shall indicate with which Zone, if any, the use is consistent. If the Development Services Division Director's interpretation indicates that an unlisted use is not consistent with the permitted, conditional or accessory uses in any district, or if the applicant 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 detail, shall incorporate "unclassified use" interpretations upon approval by the legislative authority. a. Criteria for Unclassified Uses: To determine whether an unclassified use is permitted, conditionally-permitted or accessory, the Development Services Division Director shall determine the use is: 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 permitted, conditional or accessory use: and chapter 2_amend.doc 4-2-16 December 11, 2001 RMC 4-2-010 to 050 iii. if determined to be permissible as an accessory use, consistent with RMC 4-2- 050.C.4. 'Editor's Note: Sections C.5 and C.6 clarify prohibited versus unclassified uses. With the "collapse" of the proposed Use Table and reliance on use definitions, this section may become very important.l 5. Specifically Prohibited Uses: If the letter "X" appears in the box at the intersection of the 6 7. Use Table Conflicts: In the event of a conflict between RMC 4-2-060, the mMaster zZoning uUse tTable;and any other individual zoning use tables, RMC 4-2-070A through 4-2-070R, then the provisions of RMC 4-2-060 shall have priority. (Ord. 4782, 5-24-1999) 8. Existing Legal Uses: Where the term "existing" or"existing legal" follows a listed use type within the table(s) (e.g. flats or townhouses, existing legal), then those uses that can document their legal status, are considered to be a Permitted Use given all the rights of other permitted uses within the district. In addition, these uses may be rebuilt 'as is, where is' should they suffer damage. These uses may be remodeled without limitation on value and may be enlarged subject to current code requirements (e.q., height limits, lot coverage, density limits, setbacks, parking, etc.), unless otherwise specifically conditioned. (Editor's Note: Would codify current interpretation of Use Table "existing legal" versus basic nonconforming use approach in Chapter RMC 4-10. Those listed in the Use Table specifically have less limitation than those that are not listed in the Use Table.1 chapter 2_amend.doc 4-2-17 December 11, 2001 2 0 » 9 I— 0 c /2 \ e a0 ° us < k E \ •° o . ƒ0_CIf \ 0 . c/ \/ //§ 16 .sC § E o c \ & E / 5k § k \ < co \ - II 7 - < O._ 7 $ 5 [ 3 <1 CD _ c0 N El % E§ c & / 2 _ Wk / - Jo • .2 E - . E0 2 /« \ 0 § \° 7 2Icrc 3 Q / c $/ & E E` f ) \f 4 a a k E2® W /ƒ � q fC • 2 , . & _ a ° / k ■ k2 n ƒ a) ■ � �\ = $ k & , la) � c6c f E42 a c N II C ../ k ¢ 2 O Xt < Q m _ .cQ - / \ D2f d 0 � f ± c ® 2 2 2 =0 . 7 IH / kkk g . O a o ,J m / ® o t / § CI Q) - I 15 .E 2 Ea ƒ 2 : / § 22 § 3 ; _ § § t \� 5 © ¥ kf -o - T \ c0 2 ( k f < ooI 2 _— cc - -- 0 co o N U UI U 0 ZO— Q O a z U it QI U a N Q W U U 0 0 0_ QI Q 6 O Q o r co ZU CI 0U v 0— Q GQ. 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N cO y 7 ' r l II ', ._ CC 0 0 Z0 ® o § & S .| k 2 h MMIIIII g 0 INIIIIII x a o S 2E . \ 2 # / N 2k —I@ 16 « Q � _ cc skU k al 2E II IIIMI U ■ • k - 11111011 f : = 7 . k � \ � k -� 0 4 k k k k k 0• £ E 1111111111 II 7 .0 � IIIIIIII 2 4 0- 2 0 kkk k - E F. � IIIIIIII J ƒ o _ u) * c % / CC $ § g % S t2 2 Fmc > \ qr f f I \ 7 . I e 0 _ g O / k} k/ [2 2 2 H_11111111 ) m U © # ± O f D - a_ NCC ■ k }\ / f g k & Eth ko / ( -0 II p ,6 . 2 ( 0)CC isl CICIIMIIIII , ) F 2 b _o = { CZ�/ ' I' . C • Q - /. •0 w ' •- \ •% E - § /_ , • _ • ' g m a) c / - ' . £ o = _\ 2 = - Ow - " • . . E 0 E ® 5 $ i UI . b ' / o / 22 g ' .- ƒ 1 $ w " . . \ � t • oe � oa o $ ± CT 11 n & . a . £ a , g e . . 41 } \ •- ' ' \ : % ® § b ® f k j \ \ - ® ' ® " . 2 & \ E , - E ' -x / 2 & z - H 2 - ' • ,, C ° • / Q / : / $ .0 # 76 H 2 uj ' •. , •' . ; , , • • \ • - k . ' 2 •, /_ / a ( \ NI q • Z ' ■ ' - / c- ' o, ` / O 0 o, 4-2-080 4-2-080 CONDITIONS ASSOCIATED WITH ZONING USE TABLES: A. SUBJECT TO THE FOLLOWING CONDITIONS: 1. Subject to site plan review.[Editor's Note: Add uses to Site Plan Review applicability.1 2. Subject to site plan review and consistency with the City Comprehensive Parks, Recreation and Open Space Master Plan and Trails Master Plan. [Editor's Note: Change Site Plan Review applicability. City investment decisions should be consistent with the budget which is assumed to be consistent with the City's adopted Parks, Recreation, and Open Space Master Plan.] 3. Administrative approval under RMC 1 9 200, Site Plan Review, for new neighborhood parks Trails Master Plan. [Editor's Note: Change Site Plan Review applicability. City investment decisions should be consistent with the budget which is assumed to be consistent with the City's adopted Parks, Recreation, and Open Space Master Plan.] [Editor's Note: Add uses to Site Plan Review applicability.) 5��luding . [Editor's Note: Apply Note 1 (7) to "Eating and Drinking Establishments" instead to allow restaurants with golf courses.] 6. Allowed in the Employment Area Valley (EAV) land use designation only (see EAV map in RMC 4 2-a8<3s)-except north of SW 16th St. (Amd. Ord. 4773, 3-22 19 Ord. ^ ;7:�-1s999) [Editor's Note: Condition does not appear to be used in Use Table.l 17. Limited to locations within an existing or new golf course or regional park. (Amd. Ord. 4840, 5-8- 2000) 8. Size and location of these uses will be reviewed as part of the site plan approval. [Editor's Note: Condition does not appear to be used in Use Table.] O. Expansion of existing retail structures subject to cite plan review. Construction of new retail Centslderatierr [Editor's Note: Condition does not appear to be used in Use Table.1 10. Except not permitted in the "Downtown Core Area". See Downtown Core Area Map in RMC 1 2 080G:[Editor's Note: Condition does not appear to be used in Use Table.1 214. In addition to the criteria of RMC 4-9-030, Conditional Use Permits, the use must be sited in conjunction with gas station. Size restrictions apply per use in RMC 4-2-120.A. [Editor's Note: Reference to CC zone size restrictions.] 2 080D. [Editor's Note: See Condition 3 (16).1 13. Except school facilities. [Editor's Note: Condition does not appear to be used in Use Table.] usetablecondrev01 1 21 0_new#.doc 4-2-47 December 11, 2001 4-2-080 applies [Editor's Note: Move to Development Standards Tables] 15. These uses shall not be located on the ground floor along street frontage in the "Downtown Pedestrian District". See Downtown Pedestrian District Map in RMC 4 2 080D. [Editor's Note: Use eliminated from Zone.] 346. These uses, except their supportive offices and sales uses, shall not be located on the ground floor along street frontage in the "Downtown Pedestrian District". See Downtown Pedestrian District Map in RMC 4-2-080D. [Editor's Note: The note is applied to uses which would not necessarily create much pedestrian interest, even with associated offices or sales functions. Recommend all portions of the businesses be limited.] 17. Those uses shall not be located on the ground floor along street frontage in the "Downtown 2-080D. [Editor's Note: Parking and loading requirement moved to the Development Standards tables for permitted manufacturing uses. Allow broader Light Industrial Uses subject to Hearing Examiner CUP. Light industrial of various types could be appropriate in the CD zone where the uses do not require much horizontal space. Use characteristics could be reviewed through Conditional Use Permit for control. Note 3 (16) applied instead.] 44$. These uses shall be permitted only as a continuation of an existing commercial laundry use for purposes of rebuilding upon unintentional destruction of property, or necessary renovations to continue the use within its existing building footprint. However, the use shall not be allowed to expand within this zone. [Editor's Note: This note is amended to fold in the proposed amendments from the South Renton Neighborhood Plan, restricting future expansion of the use, beyond levels of Service Linen's current vested application. The original condition was written in recognition of the expansion now under construction] 19. In the "Downtown Core Area", bulk storage must be contained within the buildings, e.g., in [Editor's Note: Use type is now Indoor Storage. Bulk Storage definition assumes outdoor storage, but current Use/Note applied in CD conflicts. Allow accessory storage and apply Condition 11 (48) instead] [Editor's Note: Eliminate vague community need statement. Impractical to administer] 21. Consideration must be given to community need (i.e., suitable location) and subject to the [Editor's Note: Condition does not appear to be used in Use Table.] 22. Consideration must be given to community need (i.e., suitable location). Gaming activities not , [Editor's Note: Condition does not appear to be used in Use Table.] usetablecondrev01 1 21 0_new#.doc 4-2-48 December 11, 2001 4-2-080 23. Consideration must be given to community need (i.e., suitable location). Intended and designed to serve immediate market area (i.e., contiguous C sigaage:[Editor's Note: Condition does not appear to be used in Use Table.1 barns, silos, sheds, and enclosed buildings used for the sto equipment.Animal shelter or one acre in size. [Editor's Note: Make first sentence part of a definition. Acre size restriction for animals in notes. Animal waste is addressed in the Animal regulations in RMC 4-4-010.1 25. Consideration must be given to community need (i.e., suitable location). Intended and designed sions of RMC 4 4 100F, Signs within Shoreline Areas Special Requirements. (Editor's Note: Condition does not appear to be used in Use Table.1 26. Consideration must be given to community need (i.e., suitable location). Intended and designed " [Editor's Note: Condition does not appear to be used in Use Table.1 27. Located on the same lot as the single family home. [Editor's Note: Addressed in proposed definition of accessory structures/uses.] development standards. Accessory structures [Editor's Note: Addressed in proposed definition of accessory structures/uses. Also, if accessory structures were allowed on an adiacent lot, and if it were sold, it would be nonconforming by having an accessory use without a primary use.) 29. For four(4)or fewer guests per night. [Editor's Note: Eliminated—size in definition.) 530. Professional bed and breakfast houses are only allowed in the RM-U zone. The guest house must be conducted by the property owner. No more than fifty percent (50°/e) of the principal residence is used for the guest house and the number of [Editor's Note: Note based upon definition of accessory and professional bed and breakfast houses per Planning Commission recommendation.) 31. The guest house must be conducted by the property owner. No more than fifty percent (50%) of and wastewater disposal facilities shall be approved by the City. [Editor's Note: See recommended definition for characteristics of use. The parking standards are moved to the Parking regulations. Water and wastewater facilities should be required in any case.] standards of this Zo„o (i.e , maximum size, height, etc..). [Editor's Note: Addressed in proposed definition of accessory structures/uses.] usetablecondrev011210_new#.doc 4-2-49 December 11, 2001 4-2-080 633. Subject to the requirements of RMC 4-9-090, Home Occupations, with the written approval of the property owner, if tenant occupied, . [Editor's Note: Homes , 610 may be rented in single family zones. Make the condition applicable to all zones allowing residential as a primary use(residential and commercial zones).] Occupations.[Note: Use Note 6 (33) instead.' 35. I.e., temporary seasonal uses, job shacks, model homes, subject to approval by the Zoning Administrates [Editor's Note: Apply Condition 53 (256) instead.] Z36• Subject to the development standards applicable to primary structures;, (Editor's Note: Auto Mall text appears inapplicable. Other stricken lines moved to definition.' 37. An administrative conditional use permit is required to oxceed the maximum number of farm Editor's Note: Defer to Note 36 (196).' 838. Allowed only in the Residential Multi-Family Infill suffix„ Ttwenty-four (24) hour on-site management required. The manager's unit is not subject to minimum density requirements. No estate, garage or other sales from any leasable spaces. No outdoor storage, including vehicle or trailer storage lots. Self service storage uses in this Zone are subject to the following special development standards: Temporary customer moving van/truck parking, if provided, must be clearly marked with signage or paint. Side and rear setbacks subject to the Commercial Arterial Zone standards of RMC 4-2-120A, Development Standards for Commercial Zoning Designations, in lieu of the RM-I development standards. (Ord. 4736, 8-24-1998) [Editor's Note: Site Plan 446110 Review is required for CA development. Docket item - consider specific design standards for self-storage uses.' ° [Editor's Note: Manufactured home parks are reviewed through Manufactured and Mobile Home Park review procedures in RMC 4-9. There are parking spaces required for RV's in parking regulations. By eliminating the note, if the intent was to allow for RV's to be inhabited indefinitely, this would no longer be permitted. The City has two manufactured/mobile home parks which do not contain RV units for habitation. Mobile homes (by definition manufactured before 1974) would continue to be allowed.' 940. Development consistent with an approved "Level II master site plan" which is considered to be a secondary permitted use. Other activities which are outright permitted include the addition of up to four (4) new portables, or changes in facilities not exceeding 10% of gross floor area. Other proposed activities require a Hearing Examiner Conditional Use Permit. (Editor's Note: Addresses shift from primary/secondary to permitted, and minor facility adjustments that may be permitted without a Hearing Examiner Conditional Use Permit,consistent with current Use Table allowances.' days per calendar year. [Editor's Note: Determine through accessory use interpretation for residential zones.' /12. Accessory to a permitted use where adverse impacts are appropriately mitigated and the use is usetablecondrev01 121 0_new#.doc 4-2-50 December 11, 2001 4-2-080 (Editor's Note: Definition of accessory proposed to exclude a percent.] (Editor's Note: Removed since auto-rental is now a separate use category. Assume intent in CN zone is for rental, not sales, given CN zone purpose statement.] ��. When not exceeding fifty percent (50%) of the gross floor area of such use. (Editor's Note: Address accessory/subordinate characteristics in definition.] 1045. Permitted when consistent with an active building or construction permit, fFor a period not to exceed the duration of construction. Must be approved by the Development Services Division Director or designee. (Editor's Note: Provides guidance for temporary construction uses. Along with amendments to Temporary Use Permit process, will allow for efficient approval process.' /16. In conjunction with a primary use when-operated primarily fer employees of the Industrial Zone in (Editor's Note: Condition does not appear to be used in Use Table.] • Regulations,(Editor's Note: Propose to remove use in the CD zone.' 1148. Limited to storage of products in conjunction with retail, service, or office uses. Shall not be located along the building street frontage or in areas visible to the public. Aflewed whero area: (Editor's Note: Old language - address basic accessory/subordinate characteristics in definition. For indoor storage, address appropriate location in commercial zones. Docket issue of indoor storage in general.' ° (Editor's Note: Use consolidated elsewhere (combined with Note 34 (189)). Address accessory/subordinate characteristics in definition.' 50. Allowed where incidental to a permitted primary or secondary use and shall not exceed thirty wholly for retail sales on site. (Editor's Note: Address accessory/subordinate characteristics in definition.' (Editor's Note: Location addressed in RMC 4-4-090.C.2. Also address accessory/subordinate characteristics in definition.' 52. Allowed where incidental to a permitted use, not to exceed thirty three-percent (33%) of the groc- floor area and allowed for on site sales purposes only. (Editor's Note: Address accessory/subordinate characteristics in definition.' (Editor's Note: Address accessory use characteristics and allowances through definition and interpretation.] 54. For employee use only in conjunction with a permitted primary use.(Editor's Note: Use addressed in accessory definition and in Cultural, Entertainment, Recreation category.] usetablecondrev01 1 21 0_new#.doc 4-2-51 December 11, 2001 4-2-080 4400 55. Located on the same lot as the residential dwelling unit. [Editor's Note: Address accessory/subordinate characteristics in definition.) 56. For security or maintenance personnel when located en the prey es where they are employed; provideshere is only ono residence per permitted establishment [Editor's Note: Moved to ,., .,,.,� .,,,� ",,.. „ ram, r",,,,..�u .,�,.�,,�r,T definition of caretaker's residence.] 57. Must be associated with a permitted use and if appropriately screened, limited to fifteen feet (15') in height or one story. [Editor's Note: Eliminate use in CO zone. Not consistent with intent.] does not contain more than one hundred fifty (150) square feet. _[Editor's Note: Address accessory uses in definition. As a docket item, address location of accessory buildings in Development Standards Tables.) .[Editor's Note: The use is the smallest type of recycling box, and would likely be utilized for more than 90 days at a time. The Board of Public Works has authority for right-of- way permits even if not mentioned in the note. Determine through accessory use interpretation for residential zones.] • 2000}[Editor's Note: Combined with Note 43 (227).1 independently) [Editor's Note: Condition does not appear to be used in Use Table.) 1262. The design of structures, including signs, shall be generally consistent in character with . No-exterior display of Shall be developed as part of larger office structures. Shall not stand alone and shall not occupy more than twenty five percent (25%) der_building whose primary use is office. [Editor's Note: Signage and design compatibility, and access preferences are addressed in Site Plan Review criteria. Outdoor retail treated as a separate use. Create a separate use in use table for drive- through facilities.) 63. When part of a mixed use development. [Editor's Note: Condition does not appear to be used in Use Table.] 64. Must be part of a mixed office/light industrial or mixed office/manufacturing complex. [Editor's Note: Condition does not appear to be used in Use Table.] 65. In addition to the criteria of RMC 4 9 030, Conditional Use Permits, the use must be sited in [Editor's Note: Apply Note 2 (11) instead. Size restrictions will control size of car wash.] usetablecondrev011 21 0_new#.doc 4-2-52 December 11, 2001 4-2-080 [Editor's Note: Condition does not appear to be used in Use Table.] " [Editor's Note: Condition does not appear to be - used in Use Table.] 68. Intended and designed to serve the immediate market area (i.e., contiguous COR Zone). No . Editor's Note: Notes 68, 153, and 154 combined with Note 21 (125). Signage and design requirements eliminated because issue is addressed in Sign Code, and Site Plan Review criteria. Exterior display would be addressed in Outdoor Retail Sales which is not allowed in the COR zone. Proposal to add drive-through service as a separate use in the Use Table.] use's site or a covered walkway. The day care center is intended and designed to serve the re center structure be Editor's Note: Condition does not appear to be used in Use Table.] acres in size for which a maximum number of carts will be determined by the Zoning fir.[Editor's Note: Condition does not appear to be used in Use Table.] 137-1-. a. Administrative Headquarters Office: These offices shall be associated with a fey permitted industrial use listed in 4-2-060.1 . The office uses may be developed in conjunction with, or subsequent to, the industrial use. The office uses may serve the administrative needs of employees company wide including those employees located on other sites. [Editor's Note: The change from Primary/Secondary Use system necessitates specificity regarding which uses the offices need to be associated with. Based on the second sentence referencing "industrial" and the subject zones, it is likely that offices were intended in conjunction with the industrial uses of the zones and not with any currently listed Primary uses which include parks, retail, utilities, etc. Location of office criteria specifically written for a Boeing office that has since been demolished.] b. General Offices: Excluding Administrative Headquarters Offices, which are permitted consistent with subsection "a", general offices are only allowed in the Employment Area Valley (EAV) land use designation; provided that general offices that are accessory to a primary use are permitted outside the EAV. See EAV Map in RMC 4-2-080B. [Editor's Note: Allows for small accessory office such as supervisor's office in an industrial building.] 72. The only structures that may be erected within the open space areas [Editor's Note: Condition does not appear to be used in Use Table.] usetablecondrev01 1 21 0_new#.doc 4-2-53 December 11, 2001 4-2-080 73. Except exterior storage and long term parking of commercial vehicles. (Editor's Note: Condition does not appear to be used in Use Table.] 1474. Except that when operations are predominantly conducted out of doors rather than completely enclosed within an enclosed structure, an Administrative Conditional Use Permit is required. (Editor's Note: Need to clarify CUP process. In some cases where a use would not occur outdoors to protect the goods or operations, this note has been removed; note also removed if the use is almost always outdoors.] 1575. Use is limited to building, hardware, and garden , Except in the CD zone, size restrictions apply per use in RMC 4-2-120.A. (Editor's Note: Changes made and note applied to maintain regulatory intent in CN and CS zones regarding Outdoor Retail Sales. Definitions address characteristics of the use.] 1676. a s. Subject to the density limitations located in the development standards for this Zone. Residential uses shall not be located along the street frontage on the ground floor in the "Downtown Pedestrian District". . (Ord. 4466, 8-22-1994; Amd. Ord. 4631, 9-9- 1996; Ord. 4773, 3-22-1999) (Editor's Note: First sentence stricken since mixed uses are promoted in purpose of the zone. Third sentence moved and amended to be more brief and consistent with language of similar notes. A note is added to the Development Standards tables indicating that a variance is not applicable, and the definition of variance is amended to exclude "use variances." A change in density requires a rezone or a legislative change in density standards.] *40110 (-Editor's Note: Kennels now treated as separate use. Apply Condition 22 (127) instead.] (Editor's Note: Already addressed in RMC 4-4-090.C.2.] • • • 'Editor's Note: Condition does not appear to be used in Use Table.] (Editor's Note: Condition does not appear to be used in Use Table.] 81. Permitted where housed in a parking garage. (Amd. Ord. 4802, 10-25-1999) (Editor's Note: Treat as accessory use through accessory use interpretations.] 82. These uses shall have no outside storage. Size and location of these uses will be reviewed as (Editor's Note: Condition does not appear to be used in Use Table.] 83. No outdoor facilities. (Editor's Note: Condition does not appear to be used in Use Table.] 84. No outdoor facilities or storage. Retail sales of products or merchandise produced on the 0 usetablecondrev01 121 0_new#.doc 4-2-54 December 11, 2001 4-2-080 area of the usc. 'Editor's Note: Address retail sales and outdoor storage allowances in the other use categories (Sections C and I), and address accessory/subordinate characteristics in definition.] 85. Outdoor storage of materials shall be screened from view of adjacent uses and abutting public streeto Th„s„ „ses m ontain a m ximum of seventy five thousand (75,000) square feet of gross floor area. 'Editor's Note: Screening requirements moved to Development Standards. Size of indoor retail in definition. Outdoor sales treated separately. Apply note 15 (75).1 86. Service bays and automobile storage areas shall be screened from view of adjacent residential "Editor's Note: Condition does not appear to be used in Use Table.] 87. Outside storage must be screened from all adjacenti , setback area. "Editor's Note: Move requirements to Development Standards.] 88. These uses shall not be located within one-thousand feet (1,000') of one another. 'Editor's Note: State of Washington would determine the need for facilities, and it is unlikely that due to market areas, they would site uses so closely together. There are only two stores in the entire City limits presently, none of which are in the CD zone.] 89. On a minimum of five (5) acres. "Editor's Note: Condition 37 (204) applied instead which would allow stables on properties less than 5 acres. Administrative Conditional Use Permit along with authority in RMC 4-4-010, Standards and Criteria for Keeping Animals, should result in enough controls on the use.] 90. Not exceeding four hundred (400) square feet in floor area and not over twenty (20) lineal feet on any side for the sale of agricultural products produced on the premises. 'Editor's Note: Use eliminated. Address in Temporary Uses.] 91. On parcels twenty (20) acres or larger in size, including gravel, sand and valuable metallic 'Editor's Note: Acceptability of use can be reviewed through the Conditional Use Process.] 92. On parcels eighty (80) acres or greater in size, consistent with the Forest Practices Act and where it does not conflict with any other City regulations. [Editor's Note: Acceptability of use can be reviewed through the Conditional Use Process.] 93. Not exceeding fifty percent (50%) of the gross floor area of the primary light industrial use. "Editor's Note: Address accessory/subordinate characteristics in the definitions.] minimum area requirements of RMC 4-1-110, Bulk Storage Facilities. Except as allowed as a 'Editor's Note: Allow indoor storage only as an accessory use.] 95. Repair and maintenance of vehicles may be permitted if incidental to a permitted use or if JEditor's Note: Allow via accessory use interpretation.] 96. Fully enclosed on all sides. Screened from view of adjacent uses and abutting public streets. "Editor's Note: Condition does not appear to be used in Use Table.] 97. Without outside storage. "Editor's Note: Onsite services include Rental Services, distinct from Outdoor Storage.] usetablecondrev01 1 21 0_new#.doc 4-2-55 December 11, 2001 4-2-080 1798. a. General Office: Size restrictions apply per use in RMC 4-2-120.A. Provided that the total gross floor area of each use in any one site shall not exceed three thousand (3,000} Additionally, the use may only be permitted via Administrative Conditional Use Permit subject to the following criteria in addition to Conditional Use criteria: (a) activities with a limited need for walk-in clientele and (b) activities for which a reduction in parking standards to one space per five hundred (500) square feet of gross floor space could be justified. [Editor's Note: Move office size limitations to Development Standards Tables.] b. Administrative Headquarters Office: New Administrative Headquarters Offices are not permitted. For existing, legal administrative headquarters offices greater than three thousand (3,000) square feet in size, and in existence prior to January 1, 1999, the following expansions may be allowed: (1) parking expansion may be allowed; (2) a one- time expansion of building square footage, not exceeding three thousand five hundred (3,500) square feet, may be permitted subject to Site Plan Review. This provision allowing expansion of building square footage shall expire by December 1, 2006, consistent with any approved development agreements or covenants. [Editor's Note: Moved from Note 2751 99. Maximum size of five thousand (5,000} square feet gross floor area. [Editor's Note: Apply Note 22 (127) instead. Size limited to 35,000 in Development Standards, and standardization will assist consistent evaluation. Site Plan Review is required for uses larger than 4,000 square feet in CN zone.] 100. Up to twenty percent (20%) or seven thousand (7,000) gross square feet or forty two thousand [Editor's Note: Address in Development Standards tables.] ° [Editor's Note: Address in Development Standards tables.] [Editor's Note: Address in Development Standards tables.] (402,44-of-twenty-six4housahel-(267000)-gfOSS-setuar-e-feet,[Editor's Note: Address in Development Standards tables.] Nito 101. For sale off site.[Editor's Note: Condition does not appear to be used in Use Table.] [Editor's Note: Apply general Note 22 (127), 68 (287), or 69 (288) instead.] [Editor's Note: Move to Development Standards Tables; resolve conflict of Use Table description (more than 10 and less than 20 feet).] 18107. a. General Requirements: Subject to the density limits of the development standards for this Zone; provided, that flats or townhouses are within a structure containing retail and/or onsite service uses on the ground floor. NINO usetablecondrev01 1 21 0_new#.doc 4-2-56 December 11, 2001 4-2-080 b. CA Zone-Additional: Residential uses are not permitted in the Employment Area, Valley (EAV) land use designation . See EAV Map in RMC 4-2- 080B. (Amd. Ord. 4773, 3-22-1999; Ord. 4777, 4-19-1999) 'Editor's Note: Combine with similar note 120. Standardize language referencing EAV Map and density requirements. Density limitations are listed in the Development Standards tables. A note will be added to the Development Standards tables indicating that a variance is not applicable and the definition of variance will be amended to exclude "use variances." A change in density requires a rezone or a legislative change in density standards.1 Soc also RMC '1 2 120C, Condition 21, Special Conditional Use Requirements for Excess Height. fEditor's Note: Move to Development Standards Tables.1 109. Subject to density limitations located in-development standards for this Zone. These uses must Editor's Note: Condition does not appear to be used in Use Table.] . JEditor's Note: Move to Development Standards Tables.1 'Editor's Note: Condition does not appear to be used in Use Table.] 0 JEditor's Note: Characteristics of accessory uses indicated in proposed definition.] 19443. Subject to the density limitations located in the development standards for this Zone. fEditor's Note: Density limitations are listed in the Development Standards tables. A note is added to the Development Standards tables indicating that a variance is not applicable, and the definition of variance is amended to exclude "use variances." A change in density requires a rezone or a legislative change in density standards.1 114. No more than two (2) units may be consecutively attached. Subject to the density limitations JEditor's Note: Apply Condition 19 (113) instead. Definition of semi-attached (under Single Family Dwelling) limits to 2 units.) /1786, 7 12 1999)'Editor's Note: Same as 59 (270), not used.] 20446. Subject to the density limitations located in the development standards for this Zone. Projects within the Neighborhood and Suburban Centers Residential Bonus Demonstration District, RMC 4-3-09512063, are also subject to the provisions and development standards in RMC 4-3- 0951-20C and D, Suburban and Neighborhood Center Residential Bonus Demonstration District. (Amd. Ord. 4773, 3-22-1999; Ord. 4777, 4-19-1999) 'Editor's Note: Minor amendments for consistency with Note 19 (113). A note will be added to the Development Standards tables indicating that a variance is not applicable and the definition of variance will be amended to usetablecondrev01 1 21 0_new#.doc 4-2-57 December 11, 2001 4-2-080 exclude"use variances." A change in density requires a rezone or a legislative change in density standards.) Nod Open Space Master Plan and Trails Master Plan. 'Editor's Note: Suitable location would be determined through the Park Master Plan. Site Plan Review applicability can be modified. City investment decisions should be consistent with the budget which is assumed to be consistent with the City's adopted Parks, Recreation, and Open Space Master Plan.j 'Editor's Note: Apply Note 38 (207) or 32 (173) instead. Address accessory uses in definition.] 119. These uses may also be located in mixed use building of commercial and residential uses. with RMC 1 2 120A, Dove Designations, 'Editor's Note: Apply Note 19 (113) instead. Mix of uses understood in purpose of the zone. j 'Editor's Note: Combined with Note 18 (107).j 121. I.e., tomporary/seasonal uses, job shacks, model homes, subject to approval. 'Editor's Note: Apply Condition 53 (256) instead.] 411600 122. Excluding slaughter houses.JEditor's Note: Added statement in definitions of Manufacturing.] 123. I.e., temporary/seasonal uses,job shacks, model homes, subject to approval by the Development JEditor's Note: Apply Note 53 (256) instead.] 124. If a portion of the lot fronts on a principal or minor arterial, as designated by the City's Arterial 'Editor's Note: Condition does not appear to be used in Use Table.] 21125. a. General Requirements: Allowed only in conjunction with offices, residences, hotels and convention centers, or research and development facilities. (Amd. Ord. 4802, 10-25-1999) b. Integration of Uses: The use shall be architecturally and functionally integrated into the development. Except for marinas, the use must be housed in a structure containing one or more of the uses listed in subsection "a". The requirements in subsection "b" may be adjusted through the Site Plan Review Level II process. 'Editor's Note: The list of uses required to be developed in conjunction with the listed use is consistent with Policy LU-124. Portions of the note from a consolidation of Notes 68, 153 and 154. Allow for some flexibility in application of standards in the PUD-type zone. Level II review required for all COR, and Responsible Official would review.] 126. Except at school facilities. Indoor only. 'Editor's Note: Separate indoor versus outdoor on the Use Table. Do not restrict at school facilities.] 22127. usetablecondrev01 121 0_new#.doc 4-2-58 December 11, 2001 4-2-080 Size restrictions apply per use in RMC 4-2-120.A. [Editor's Note: Condition made more general to reference the use size restrictions in the Development Standards tables. Purpose statement, allowable uses, and size limits influence whether use serves a certain area to some degree. Overtime, the existing language about areas served may be difficult to enforce.) 234-28. Limited to existing uses. Only those modifications or expansions which do not increase production levels are permitted in COR 1 and COR 2. Major modifications, production increases, or expansions of existing use require a Hearing Examiner Conditional Use Permit in COR 1 or COR 2. No modifications or expansions are allowed in COR 3._(Amd rd. 4802, 1-8-25-1 9) 'Editor's Note: Combines Use Table description and Note 276. Shuffleton plant scheduled for demolition. No existing manufacturing uses are present. Utility uses treated under Utility category.) 244-29• Use requires a Hearing Examiner Conditional Use Permit, unless accessory in which case it is outright permitted. Use is not permissible in the area south of 1-405 and north of SW 169' Street, unless accessory, in which case it is outright permitted. Explosives and natural gas storage are not permissible in the IL Zone. [Editor's Note: Note keeps use allowances consistent with current allowances even with use consolidation. Bulk Storage facilities are defined as large facilities, not as accessory; Note 24 (129) old language applied to accessory uses, but not primary uses. Bulk Storage regulations are applied at the discretion of the Zoning Administrator. Recommend docketing the Bulk Storage regulations to determine if some or all of the regulations are needed given the City's SEPA authority.) • as defined in RMC 1 9 200G, Major Adjustments to an Approved Site Plan, for which the 2001.'Editor's Note: After 2001, condition will sunset.) not provide City wide services. Size and location of these uses will be reviewed as part of the site 'Editor's Note: Apply Condition 22 (127) instead. Size limit is found in Development Standards Table. CS development is already subject to Site Plan Review.) 25132. -RESERVED. (Amd. Ord. 4827, 1 24-2000). A preschool or day care center, when accessory to a public or community facility listed in RMC 4-2-060.J, is considered a permitted use. [Editor's Note: Incorporates administration interpretation to allow common accessory use with institutions such as churches.) an enclosed area.'Editor's Note: Apply Condition 15 (75).1 not provide City wide services. Size and location of these uses will be reviewed as part of site 0 N..., of the gross square footage of the site. 'Editor's Note: CS development is already subject to Site usetablecondrev01 121 0_new#.doc 4-2-59 December 11, 2001 4-2-080 Plan Review. Office size restriction moved to Development Standards Tables. Apply Note 22 (127) instead.1 4411110 135. Retail and Commercial development is not allowed to exceed sixty five thousand (65,000) gross these uses will be reviewed as part of site plan approval. [Editor's Note: CS development is already subject to Site Plan Review. Outside storage is treated as a separate use. Apply Note 22 (127) instead. Onsite services category is distinct from Outside Storage.1 261-36. Size restrictions apply per use in RMC 4-2-120.A. Must be part of a mixed use development. (Editor's Note: Size restrictions appear in Development Standards Tables. Allow new or expansions of existing in CN zone, but require to be part of mixed-use development. Docket-consider special design standards for self-storage uses.1 27137. Shall be architecturally and functionally integrated into the overall development. , is-permissible, Freestanding establishments may be permitted only if they are five thousand (5,000) square feet or larger per establishment . These requirements may be adjusted through the Site Plan Level II process. (Amd. Ord. 4802, 10-25-1999) [Editor's Note: Has elements that are similar to Notes 68, 21 (125) and 153. Stricken sentences are found in Site Plan Review criteria. Make drive through service a separate use in Use Table. Allow for some flexibility in application of standards in the PUD-type zone. Level II review required for all COR, and Responsible Official would review.1 [Editor's Note: Propose to eliminate outdoor storage in the zone.1 (Editor's Note: Apply Condition 22 (127) instead. CS development is already subject to Site Plan Review.] [Editor's Note: Condition does not appear to be used in Use Table.] 0 aroa of the use. [Editor's Note: Address retail sales and outdoor storage allowances in the other use categories (Sections C and H), and address accessory/subordinate characteristics in definition.] [Editor's Note: Already addressed in RMC 4-4-090.C.2.1 [Editor's Note: Condition does not appear to be used in Use Table.1 . [Editor's Note: CA zone purpose is suited to outdoor retail uses. Site Plan Review is required.1 usetablecondrev01 1 21 0_new#.doc 4-2-60 December 11, 2001 4-2-080 145. Except school facilities. [Editor's Note: Eliminate restriction. Facilities accessory to schools subject to CUP.1 28.146. R€S€RV€D. (Amd rd. 4827, 1 24 2000) Accessory drive through service is permitted only in association with multi-story buildings. The accessory drive through service shall be located to the side and/or rear of the building, and integrated into the exterior wall. 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 Level I process. [Editor's Note: Currently, drive through use is not restricted in the CD zone, but the proposed design standards would help these facilities meet the purpose and intent of the zone.t 291-4-7. RESERVED. (Amd. Ord. 27, 1-24-2000)Only allowed in the Employment Area Valley (EAV) land use designation. See EAV Map in RMC 4-2-080B. Provided that the use is excluded within the area south of 1-405 and north of SW 16th St. 148. Only allowed in the Employment Area Valley (EAV) land use designation. See EAV Map in RMC 4105, and Lind Avenue South. (Amd. Ord. 1786, 7 12 1999) [Editor's Note: Condition 37 (204) applied instead. There are existing dwellings in the CA zone where a hobby kennel could be requested. CA zone now treated more consistently with CS zone and Industrial Zones. General Use Table Note says uses may be restricted by Auto Mall requlations.1 location). [Editor's Note: Modify Site Plan Review applicability as needed. Eliminate unclear community need requirement. Portables would be installed as needed based on student enrollments and projections in the District's capital facility plans. Apply Note 9 (40).1 30150. a. Uses are limited to: Sales of mobile or manufactured homes, building/hardware/garden materials, lumberyards, and monuments/tombstones/gravestones. b. Location Restrictions: Building/hardware/garden sales and monuments/tombstones/gravestones sales are only Only allowed in the Employment Area Valley (EAV) land use designation. However, they are excluded in the area south of 1-405 and north of SW 16th Street. See EAV Map in RMC 4-2- 080B. ii. Lumberyards are only allowed in the IM and IH Zones. However, they are excluded from the area south of 1-405 and north of SW 16th Street. (Amd. Ord. 4786, 7-12-1999) [Editor's Note: Changes in Use Table list generally reflected in condition. Since lumber yards are typically outdoor operations, and since Building/Hardware/Garden is allowed, no lumberyard is listed for the IL zone. Outdoor retail proposed to be eliminated from CO zone.1 [Editor's Note: Combines Notes 8 and 105. Size is limited by development standards. Apply Condition 15 (75), 22 (127) or 68 (287) instead.t usetablecondrev01 121 0_new#.doc 4-2-61 December 11, 2001 4-2-080 [Editor's Note: Condition does not appear to be used in Use Table.] freestanding buildings must be housed in a "primary use" structure. Limited external signage. the exterior wall of a "primary use" structure. [Editor's Note: Note 21 (125) applied instead. Signage and design requirements eliminated because issue is addressed in Sign Code, and Site Plan Review criteria. Exterior display would be addressed in Outdoor Retail Sales which is not allowed in the COR zone. Proposal to add drive-through service as a separate use in the Use Table.] facilities.[Editor's Note: Apply 21 (125) instead. Use category now indicates indoor recreation.] 155. Size and location of these uses will be reviewed as part of site plan approval. The total gross 0 to servo the needs of the adjacent neighborhood abutting the center. [Editor's Note: CN development is already subject to Site Plan Review. Size restriction moved to Development Standards. Apply Note 22 (127) instead.] *0140, uitable location).[Editor's Note: Condition does not appear to be used in Use Table.] [Editor's Note: Condition does not appear to be used in Use Table.] 4786, 7 12 1999)[Editor's Note: Use to be eliminated.] 311-59. When- Operations must be conducted entirely within an enclosed structure. [Editor's Note: Clarified intent of statement. As proposed to the Planning Commission, the added phrase had stated "Operations and vehicle storage, where applicable, must be..." However, due to the enforcement issue of trying to determine cars parked for less than 72 hours versus greater than 72 hours would be a concern. Also, the Planning Commission's main concern as stated in their meetings was to ensure that operations occur indoors.] [Editor's Note: Police Department reviews applications for new development and would be able to comment upon measures to improve security. Size and location (onsite) would be reviewed through Site Plan Review. Use would be allowed in zones per the Use Table.] usetablecondrev01 121 0_new#.doc 4-2-62 December 11, 2001 4-2-080 161. Fer sab off-see. T eseises sha'�.�ll be located on the ground floor along street frontage in the '" [Editor's Note: Apply Condition 3 (16) instead.' need (i.e., suitable location). [Editor's Note: Site Plan Review applicability can be modified. Suitable location would be determined by Parks Master Plan. City investment decisions should be consistent with the budget which is assumed to be consistent with the City's adopted Parks, Recreation, and Open Space Master Plan.' 163. Consideration must be given to community Reed (i.e., suitable location). No outdoor facilities or area does not exceed thirty three percent (33°/e) of the gross floor area of the use. [Editor's Note: Address retail sales and outdoor storage allowances in the other use categories (Sections C and H), and address accessory/subordinate characteristics in definition.' 164. Allowed where incidental to a permitted primary or secondary use and shall net exceed thirty three percent (33%) of the gross floor area, ex [Editor's Note: Address in accessory use definitions.' 165. The maximum gross floor area of any single commercial use on a site shall not exceed five thousand (5,000) gross square feet, except by conditional use permit. [Editor's Note: Limitation already appears in Development Standards Table. Apply general Note 22 (127), 60 (277), or 63 (280) instead for Retail or Onsite Services.' 166. Size and location of these uses will be reviewed as part of the site plan approval. The maximum . [Editor's Note: Uses in CC zone required to undergo Site Plan Review. Add to Development Standards common site concerns such as parking and lighting to address uses less than 4,000 square feet which are exempt from Site Plan Review. Apply general Note 22 (127), 60 (277), or 63 (280) instead for Retail or Onsite Services.' ° [Editor's Note: Move to the Development Standards tables.' 168. Up to twenty percent (20%) or one thousand (1,000) gross square feet. (Note: In no case shall a one thousand (1,000) gross square feet). [Editor's Note: Move to the Development Standards tables.' [Editor's Note: Condition does not appear to be used in Use Table.' 170. Location shall be limited to those parcels abutting a Commercial Arterial (CA) Zone in the SW 4 1 st/SW 43rd corridor. [Editor's Note: Condition does not appear to be used in Use Table.' 171. In conjunction with a primary use when operated primarily for employees of the industrial zone in exseeding thir y thr ent (33/) of the gross fleer area of such „se. [Editor's Note: Combine with other retail category and apply Note 34 (189). Address accessory characteristics in definitions.' usetablecondrev01 1 21 0_new#.doc 4-2-63 December 11, 2001 4-2-080 • medical hardship shall be effective for twelve (12) months (extension of the temporary fEditor's Note: Moved to Temporary Use Permit regulations.' 32173. Outdoor recreation facilities are permitted only in the Employment Area Valley (EAV) land use designation. (See EAV map in RMC 4-2-080.B.) However, amusement parks require a Hearing Examiner Conditional Use Permit. 'Editor's Note: Old language applied in CD zone, likely in error since not an industrial zone, and possibly in error as applied to Service and Social agencies in the IM and IH zones. New language keeps intent of current code for Outdoor Recreation.' Editor's Note: Open space and park uses will be outdoor uses. The Parks Master Plan would determine a location based on community need. Site Plan Review applicability can be modified. City investment decisions should be consistent with the budget which is assumed to be consistent with the City's adopted Parks, Recreation, and Open Space Master Plan.1 (Editor's Note: Conditions seem inapplicable and are applied to industrial uses. Amend Site Review Plan applicability as needed.' fEditor's Note: Amend Site Review Plan applicability. Other part appears inapplicable.' fEditor's Note: Other conditions applied or permit type changed.] usetablecondrev01 121 0_new#.doc 4-2-64 December 11, 2001 4-2-080 Excluding slaughter house . 'Editor's Note: Do not allow slaughter houses in the zone. Indicate in the definition of manufacturing and fabrication that slaughterhouses are not included.] 179. Temporary uses as defined by RMC 4-9-2 use permit is required.JEditor's Note: Apply Note 53 (256) instead.] 180. An accessory restaurant and/or gift shop is also allowed. "Editor's Note: Botanical gardens proposed to be eliminated.] streets. "Editor's Note: Moved to Development Standards. Outdoor retail limited to building/hardware/garden. Outdoor storage treated separately.] ptRndar ds for ResidentIaT Coniing Designation .(Amd Ord ^' ;3-22 999) JEditor's Note: Development Standards apply in any case. Parks are a civic use and would follow those standards in the Development Standards Tables. Treat adult day care like child day care and apply Note 33 (187).j 183. Provided the building length does net-exceed eighty five feet (85'). Subject to the density limitations locater+ in the-development standards-for-t;is—ZZono. Editor's Note: Note 50 (244) iliI IlCRiIGII� IQQACGQ ll l applied instead. Building length moved to Development Standards Tables. Density limitations are found in Development Standards Tables. A note is added to the Development Standards tables indicating that a variance is not applicable and the definition of variance is amended to exclude"use variances." A change in density requires a rezone or a legislative change in density standards.] 184. These unit types shall not exceed fifty percent (50%)of the permitted units in a project. Subject to , 'Editor's Note: Note 50 (244) applied instead. Building length and dwelling unit mix moved to Development Standards Tables. Density limitations are found in Development Standards Tables. A note will be added to the Development Standards tables indicating that a variance is not applicable and the definition of variance will be amended to exclude "use variances." A change in density requires a rezone or a legislative change in density standards.] , 3 22 1999}'Editor's Note: Add to Site Plan Review applicability.] Renton Parks and Trails Master Plan 'Editor's Note: Condition does not appear to be used in Use Table.] 33187. Indoor or outdoor recreational facilities and/or eating and drinking establishments, mini-marts, laundromats, day care centers, or adult day care II uses are permitted only in conjunction with and intended to serve residential development in the R-14 Zone. Project size limitations of RMC 4-2-110.F apply. A preschool or usetablecondrev01 1 21 0_new#.doc 4-2-65 December 11, 2001 4-2-080 day care center, when accessory to public or community facilities listed in RMC 4-2-060.J, is considered a permitted use. are: a. Designed to serve as a focal point for the residential community. section). e. These uses shall be created as a focal point for the development. f. These uses shall be designed to include a common motif or theme. !Editor's Note: Condition 33 (187) is nearly identical and is applied instead of 188. Subsections a to f are moved to the Development Standards Tables. General reference is made to project size limitations already located in the Development Standards Tables. The limitation in drive-through service from Note 188 is addressed in a separate Drive-Through use added to the Use Table. Incorporates administration interpretation regarding preschools and daycare operations, allowed with institutions such as churches without triggering a conditional use permit.] , Editor's Note: Combined with Note 33 (187). Portions of Note 33 (187) moved to Development Standards Tables.1 341-&3. a. Accessory retail uses are permitted where ordinarily incidental to the permitted principal use. fEditor's Note: Addresses permitted accessory uses from commercial/industrial accessory uses formerly linked to Notes 49 and 171.1 b. Principal retail sales uses are only permitted in the Employment Area Valley (EAV) land use designation. See EAV Map in RMC 4-2-080B. 100E5i. The design of structures, including signs, su 0 fEditor's Note: Stricken sentences based on requirements currently applied to convenience goods in the EAV; otherwise all other retail is allowed without restriction in the EAV industrial zones. Community usetablecondrev01 121 0_new#.doc 4-2-66 December 11, 2001 • 4-2-080 need reference is not retained since it is unclear. Drive through service is eliminated in favor of adding a separate use to the Use Table.] 190. Twenty (20) or fewer small animals per undeveloped gross acre. No small animals allowed on [Editor's Note: Condition 51 (245) applied instead. Condition 51 (245) is similar with one additional sentence about not including required front yards in the acreage requirement.] 191. Four (4) or fewer medium animals per undeveloped gre ss acre. No medium animals allowed on lots less than one acre in size. Subject to the standards listed in RMC A 4 010, Standards and [Editor's Note: Condition 51 (245) applied instead. With the change to the name of the use on the chart, Condition 51 (245) is similar with one additional sentence about not including required front yards in the acreage requirement.] [Editor's Note: Condition 51 (245) applied instead. More animals per acre only allowed by CUP — conflict between Notes 192, 36 (196) and 247, resolved by applying Note 36 (196).1 193. Heights exceeding the maximum height of fifty feet (50') by more than twenty five feet (25'). See Editor's Note: Address in Development Standards Tables. Assume a change in height requires HECUP— no direction for less than 20 foot change.] 35194. Provided they are established on lots a minimum of one acre in size. Setbacks and other limitations apply per RMC 4-4-010, Standards and Review Criteria for Keeping Animals. (Editor's Note: More specific requirements proposed. Added to R-5 zone since allowed in R-8.1 195. A maximum of three (3) pets per dwelling regardless of lot size. A maximum of eight (8) pets per Keeping Animals. [Editor's Note: Number of common pets added to use description in table. Keeping of between 4 and 8 pets considered a Hobby Kennel.] 364-96. A greater number of animals per acre than are otherwise allowed as-a in this Zone may be permitted by the Hearing Examiner; provided: a. The animal owner either lives on the ab. The keeping of animals must meet the conditions of RMC 4-4-010F, General Requirements for Keeping Animals; and be. A farm management plan has been adopted based on the King County Conservation District's Farm Conservation and Practice Standards showing the adequate pasturage to support a larger number of animals is available. [Editor's Note: Condition "a" is found in RMC 4-4-010. Secondary use to become permitted.] 197. Six (6) or fewer small farm animals per undeveloped gross acre are permitted in this Zone usetablecondrev01 121 0_new#.doc 4-2-67 December 11, 2001 4-2-080 [Editor's Note: Combine with Note 51 (245).l farm animals afe all d ^n ' is loss t" n ^ [Editor's Note: Condition 51 (245) applied instead to be consistent with lower density zones. The essential limitation regarding 4 or fewer medium animals is found now in the Use Table category. The definition of medium animals essentially includes "farm animals".The requirement for the owner or tenant to care for the animal is not included with Condition 51 (245), but is required already in RMC 4-4-010.1 farm animals permitted on lots lei than four (4) acres in size. [Editor's Note: Combine with Note 51 (245).1 ; a. More than six (6)small animals per undeveloped gross acre. b. More than four(4) medium animals per undeveloped gross acre. c. More than two (2) large animals per four (4) undeveloped gross acres. No large animals [Editor's Note: Combined with Note 36 (196). With a more descriptive use column, numbers of animals do not need to be listed.1 201. A maximum of three (3) pets per dwelling unit is considered an accessory use. Between four (1) [Editor's Note: Apply Note 37 (204), and treat between 4 and 8 pets as Hobby Kennel.] 202. A maximum of three(3) pots per dwelling unit is allowed as an accessory use. Over three (3) pet& [Editor's Note: This condition does not appear to be used in the Use Table.] 203. A maximum of three (3) pets per dwelling unit is allowed as an accessory use. Between four (4) . JEditor's Note: Apply Note 37 (204), and treat between 4 and 8 pets as Hobby Kennel.1 37204. a. General Requirements: Subiect to requirements of RMC 4-4-010, Standards and Review Criteria for Keeping Animals. Hobby Kennels require a Hobby Kennel License per RMC 4-9-100. b. IL Zone — Kennels: In the IL Zone, when operations are predominantly conducted out of doors rather than completely enclosed within an enclosed structure, an Administrative Conditional Use Permit is required. usetablecondrev01 1 21 0_new#.doc 4-2-68 December 11, 2001 4-2-080 c. IM Zone— Kennels and Hobby Kennels: Within the area south of 1-405 and north of SW 16th St. only indoor kennels or indoor hobby kennels are permitted. [Editor's Note: Now applied to Kennels. Combines Note 269 and 14 (74).] in RMC 4 4 010, Standards and Review Criteria for Keeping Animals. 'Editor's Note: Condition (37) 204 applied instead. Similar requirements. Number of animals in definitions.] 206. The single family residence shall not be located on a lot platted after the effective date of this subsection (March 2, 1997). 0 2 080C, or along a street classified as a "principal", "minor", or "ce4lecter" arterial in the Renton Arterial S+ t Pl- 22 1999)"Editor's Note: Provisions have expired. Any dwellings built are considered permitted "existing legal" uses. See proposed RMC 4-2-050.C.8.] 38207. Only allowed in the Employment Area Valley (EAV) land use designation. See EAV Map in RMC 4-2-080B. (Amd. Ord. 4786, 7-12-1999) 208. Subject to: a. A location west of Interstate 105 and south of Grady Way. c. The jail must be owned by and operated by or for the City of Renton. "Editor's Note: Use Table description changed to"Jails, existing municipal"which means that only the City jail in its present location is permitted, and since it is listed in the table as existing it could be expanded as needed (i.e. could do more than rebuild after fire). See proposed RMC 4-2- 050.C.8.] 39209. Requirements for uses not associated with a medical institution: . Use must be located within the Center Institution (CI) Compr, ho„cive Plan land use designation. a-00E5i. 'Editor's Note: Eliminate unclear community need reference. Standardize reference to Comprehensive Plan land use map — most often conditions reference land use designation. Move Signage requirements to Sign Code.] 210. Those uses with associated retail sales are subject to the provisions of Condition No. 62. "Editor's Note: Apply Condition 12 (62) which indicates that the requirements are for retail or service uses.] 211. The Hearing Examiner may grant a conditional use permit for an off site hazardous waste usetablecondrev011210_new#.doc 4-2-69 December 11, 2001 4-2-080 114110 cite plan review and the applicable criteria set forth in RMC 4 9 200, Site Plan Review. [Editor's Note: Condition 24 (129) applied instead. Suitable locations including State criteria would be reviewed with Conditional Use Permit Process. Address use in Site Plan Review applicability.] 40212. Permitted when 11=ocated within the Center Institution (CI) Comprehensive Plan land use designation. Editor's Note: Eliminate unclear community need reference.] zoned for private residential use and producing lee [Editor's Note: Apply 66 (285), and broaden allowance to commercial/industrial zones.] 214. For testing of medical and dental samples or specimens collected off site. Those uses shall not [Editor's Note: Apply 3 (16) instead.] 215. Excopt where incidental to a permitted primary or secondary use. [Editor's Note: See note 24 (129).1 of SR 167/Rainier Avenue S.[Editor's Note: Use proposed to be deleted from zone. Do not need to list. If not listed then considered accessory. Only accessory to Large Vehicle Sales which is retained.] 41217. Limited to the area south of 1-405 and west of SR-167/Rainier Avenue S. 44110 [Editor's Note: Proposed change to address likely error, and meet intent of Automall.] 218. As defined in RMC 4 9 240, Temporary Use Permits. In conjunction with a primary use when [Editor's Note: Apply Note 53 (256) instead. Temporary uses should not affect the intent of the zone.] 219. As defined in RMC 4 9 240, Temporary Use Permits. Consideration given to community need. [Editor's Note: Apply Note 53(256) instead.] [Editor's Note: For hobby kennels, apply Condition 37 (204) instead. Site Plan Review required in CS zone. For Natural Resource extraction, note 220 appears to have been applied in error.] [Editor's Note: Treat between 4 and 8 pets as a Hobby Kennel. More than 8 pets considered a kennel, but kennel not proposed for application in the R-5 zone, considering purpose and intent of the zone.] 42222. Allowed only in the Renton Municipal Airport, subject to the conditions of the section 4-3-020.A, Airport Development District. [Editor's Note: Airport P- 1 zone removed and replaced with IM. Make allowances for airport in IM zone.] usetablecondrev01 121 0_new#.doc 4-2-70 December 11, 2001 los 4-2-080 1999} 'Editor's Note: Exterior operations addressed in Outdoor Retail Sales.] 224. Intended and designed to serve the immediate market area (i.e., contiguous COR Zone). No • 'Editor's Note: Use eliminated since covered under Government.] . (Ord. 4786, 7-12-1999) [Editor's Note: Separate Rental Services from Outdoor Storage. Remove outdoor storage in CO zone - not consistent with purpose of zone.] 226. Subject to RMC 4 4 110, Bulk Storage Facilities. • • 0 aGGess-te-indivictual46e8-614alt-OGGLIf-en-ly-when-alter-Rative-aGGes&40--leGat-or-GeTteGtor-s4feets-. -of consolidated access with adjacent uses is not feasible. [Editor's Note: Condition does not appear to be used on Use Table.] 43227. &Subject to the provisions of RMC 4-3-010, Adult Retail and Entertainment Regulations, and chapter 5-12 RMC, Adult Entertainment Standards. In the CO zone, uses shall be developed as part of larger office structures,.,SU4h-retaii-er-service-u&es shall not stand alone,and shall not occupy more than twenty five percent (25%) per building whose primary use is office. not feasible. (Amd. Ord. 4827, 1-24-2000) [Editor's Note: Change community need - location determined in accordance with RMC 4-3-010. Remainder of sentence is similar to Condition 60. CO zone requirements in remainder are the same as Condition 12 (62). Stricken sentences are addressed in Site Plan Review criteria, or in restructured Use Table cateqories -e.q. no Outdoor Retail Sales in CO. Drive-through uses to be treated separately.] 228. Consideration must be given to community need (i.e., suitable location). Gaming activities not . dequate on site parking . usetablecondrev011210_new#.doc 4-2-71 December 11, 2001 4-2-080 . Direct arterial 'Editor's Note: Condition does not appear to be used in Use Table.l 229. Allowed where incidental to a permitted primary or secondary use and shall not exceed thirty Tho design of structures, including signs, V „ 'Editor's Note: Condition does not appear to be used in Use Table.' acres in size for which a maximum number of carts will be determined by the Zoning *44110 sensoliclateel—asoess—with—adfasent—Uses—iS—Rot--feasible. 'Editor's Note: Address mobile food vendors separately as a docket item. Until then,treat like an eating and drinking facility.l display of mcrohandise is pc . 'Editor's Note: Condition does not appear to be used in Use Table.1 usetablecondrev011210_new#.doc 4-2-72 December 11, 2001 4-2-080 232. Consideration must be given to community need (he., suitable-location). Intended and designed u The design of structures, including signs, shall be generally consistent in character with 0 fEditor's Note: Condition does not appear to be used in Use Table.' The desig„ structures, luding--signs, shall be generally consistent in character with >, 0 Editor's Note: Condition does not appear to be used in Use Table.1 zoned properties, external signage shall be subject to the provisions of RMC 4 4 100E5i. The and integrated into the exterior wall of a "primary use" structure. No exterior display of 0 (Amd. Ord. 4786, 7-12-1999) JEditor's Note: Eliminate unclear community need reference. Signage requirements now moved to Sign Code. Use Note 12 (62), 34 (189), or 54 (259) instead.' treatment and storage facility in any zone, except residential, that allows the processing or RMC 4 9 030G, Conditional Use Permit Decision Criteria, and the following criteria: (a) the to site plan review and the applicable criteria set forth in RMC /I-9-200, Site Plan Review. (Ord. 11186, 11 14 1988)IEditor's Note: Condition 24 (129) applied instead. Suitable locations including usetablecondrev011210_new#.doc 4-2-73 December 11, 2001 4-2-080 State criteria would be reviewed with Conditional Use Permit Process. Address use in Site Plan Review applicability.) Nis 236. Provided that the site is over one acre in size and the facility has a minimum setback of one [Editor's Note: Note 44 (237) applied instead. Key requirements are the setbacks. There is still a potential for an administrative conditional use permit.) 44237. Permitted provided Provided that the facility has a minimum setback of one hundred feet (100') from any adjacent residentially zoned parcel, otherwise an Administrative Conditional Use Permit is required. Editor's Note: Minor amendments for brevity.] 238. Permitted use provided that the site is over one acre in size and the facility has a minimum [Editor's Note: Apply Note 46 (240) instead. Key requirements are the setbacks. There is still a potential for an administrative conditional use permit.) 45239. . May be allowed with a Hearing Examiner conditional use provided that the site is over one acre in size and the facility has minimum setbacks of one hundred feet (100') from any adjacent residentially zoned parcel; otherwise the use is prohibited. (Editor's Note: Minor amendments for brevity.] 46248. Eligible for an Administrative Conditional Use Permit provided Provided that the facility has a minimum setback of one hundred feet (100') from any adjacent residentially zoned parcel., otherwise a Hearing Examiner Conditional Use Permit is required [Editor's Note: Minor amendments for brevity.) 47211. , May be allowed by an Administrative Conditional Use Permit if unless-the Monopole II Facility is to be constructed on property where wireless communication support structures presently operate, and the new Monopole II Facility will not exceed the height of the existing support structures. Prohibited if located within three hundred feet (300') of an RC, R-1, R-5, R-8, R-10, or R-14 Zone unless the Development Services Division determines that all residentially zoned property within 300 feet of the proposed facility is undevelopable due to Critical Areas regulations (RMC 4-3-050), then the new wireless support structure can be reviewed as an Administrative Conditional Use. , [Editor's note: Incorporates an administrative determination with some clarification.) 48242. Prohibited if located within three hundred feet (300') of an RC, R-1, R-5, R-8, R-10, or R-14 Zone, otherwise may be allowed with a Hearing Examiner Ceonditional Uuse Ppermit. 49213. Whether emergency or routine, so long as there is little or no change in the visual appearance, as determined by the Zoning Administrator. [Editor's Note: Added for clarity.) 50214. a. General Requirements: Permitted subject to the applicable density limitations, building length, and dwelling unit type mix requirements of the development standards for this Zone. b. R-10 Zone: Limited to no more than 4 attached dwellings per building. usetablecondrev01 121 0_new#.doc 4-2-74 December 11, 2001 4-2-080 c. R-14 Zone: Buildings shall not exceed six (6) dwelling units per structure except as provided in RMC 4-2-135, Bonuses. [Editor's Note: Combines Notes 183 and 184. Density and dwelling unit mix limitations are listed in the Development Standards tables. A note is added to the Development Standards tables indicating that a variance is not applicable and the definition of variance is amended to exclude "use variances." A change in density requires a rezone or a legislative change in density standards.] 51215. a. General Requirements: No small animals are allowed on lots less than one acre in size. Animal husbandry uses are sSubject to the standards listed in RMC 4-4-010, Standards and Review Criteria for Keeping Animals. Only combinations of medium and small animals or large and small animals may be permitted outright on one undeveloped-ems acre, provided that the overall total of animals is consistent with the requirements per acre (for example, ten small animals plus two medium animals). b. R-8 and R-10 Zones — Small Animals: Only six (6) or fewer small animals per acre are permitted. c. R-8 and R-10 Zones—Large Animals: Large animals are permitted on lots four (4) acres or greater in size. Only one (1) large animal per two(2) acres is permitted. [Editor's Note: Combines Note 197, 199, 246 and 247. The number of animals is now listed in the Use Table. Delete front yard measurement requirement. Not consistently applied, and more complicated to enforce than total lot size. Docket — should R-8 and R-10 animal allowances be the same as other zones since based on having a minimum of 1 acre.] and small animals may be permitted outright on one undeveloped gross acre. Front yard [Editor's Note: Combined with Note 51 (245). The number of animals is now listed in the Use Table.] reveleped-ess acre, except when a farm management [Editor's Note: Combined with Note 51 (245). More animals per acre only allowed by CUP —conflict between procedural requirements in Note 36 (196) and Note 247 resolved by deleting 2471 • • • • Avenue Sow#[Editor's Note: Condition does not appear to be used in Use Table.] 219. Sec also RMC 4 11 110 and 1 1 010H, Requirements for Kennels (Nine (9) or More Animals). ]Editor's Note: Condition does not appear to be used in Use Table.] 250. RESERVED. (Amd. Ord. 4773, 3 22 1999) parks which are smaller than ten (10) acres. Hearing Examiner approval, under the Site Plan usetablecondrev011210_new#.doc 4-2-75 December 11, 2001 4-2-080 commercial/civic development standards of F MC 4 2 11-0F, Development Standards for . (Amd. Ord.:77', , 3 22-1999) 'Editor's Note: Amend Site Plan Review applicability. City investment decisions should be consistent with the budget which is assumed to be consistent with the City's adopted Parks, Recreation, and Open Space Master Plan. There should be no confusion that civic uses would include parks.! The . (Amd Ord A774 3-79_1999) 'Editor's Note: The use is a temporary facility, and it is likely that civic/commercial development standards are inapplicable. Determined through accessory use interpretation for residential zones.! determined by the Zoning Administrator. The design of structures, including signs, shall be uses shall bo developed as part of larger office structures. Such retail or service uses shall not 0 not feasible. (A 'Editor's Note: Condition does not appear to be used in Use Table.! 0 'Editor's Note: Address accessory characteristics in definition. Indoor storage allowances modified to permit in Industrial zones, and allow accessory elsewhere.! 52255. Permitted when ancillary to a permitted primaryuse where food and beverages are served on the premises and located in an area with an Employment Area - Valley land use designation as shown on the City's Comprehensive Plan Land Use Map, and located south of 1-405. 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 unconstitutional or illegal, then the City elects to permit the existing card rooms to continue operation as nonconforming legal uses and otherwise bans card rooms. (Amd. Ord. 4847, 6-19-2000) 'Editor's Note: No longer using Primary/Secondary system. Use of "Permitted" and in conjunction with use where beverages/food are served should be sufficient. Combined with Note 272.1 532-56. As defined in Provided a Temporary Use Permit is obtained consistent with the provisions of RMC 4-9-240, Temporary Use Permits.'Editor's Note: Now applied generally.) loud usetablecondrev011210_new#.doc 4-2-76 December 11, 2001 4-2-080 257. Which would be construed as bulk storage e does not allow outdoor storage.] 'Editor's Note: CD zone • 0 floor area of the use. (Ord. 4786, 7 12 1999) 'Editor's Note: Separate accessory retail and storage from use. Characteristics of accessory uses in proposed definitions. Allow use outside EAV in the IL zone to account for Renton Technical College.] 542 . Allowed outright in the Employment Area Valley (EAV) land use designation. (See EAV Map in RMC 4-2-080B.) Outside the EAV the use suitable-location). • • shall be developed as part of larger office structures. Such retail or service uses shall not stand alone and shall not occupy more than twenty five percent (25%) of any one floor of a per_building whose primary use is office. • • . (Ord. 4786, 7-12-1999) 'Editor's Note: Similar to Note 234. Drive through service to be treated as a separate use in the Use Table. Address exterior display in Outdoor Retail Use allowance. Access requirements are in Chapter 4-6 in any case. Sianage requirements to be moved to Sign Code. Other requirements addressed in Site Plan Review, except in IH Zone where uses are not likely to be prevalent.] 55260. a. Adult Day Care I on a property with a nonresidential facility is only Only allowed outright in the Employment Area Valley (EAV). See EAV Map in RMC 4-2 080B. Elsewhere an administrative conditional use permit is required. b. Adult Day Care I on a property containing a residential use requires an administrative conditional use permit in any location. (Ord. 4786, 7-12-1999) 'Editor's Note: Changes due to Use Table Collapse. Note would allow adult day care I on a residential property by ADCUP instead of a HECUP in the IM and IH zones; however, it is possible to request a hearing with a ADCUP.] 56261. Except not permissible (at all) within the Employment Area Valley (EAV). (See EAV Map in RMC 4-2-080B.) (Ord.4786, 7-12-1999)jEditor's Note: Parenthetical language is redundant.] • • • 'Editor's Note: Address accessory characteristics in definition. Indoor storage allowances modified to permit in Industrial zones, and allow accessory elsewhere.] 57263. Only allowed in the Employment Area Valley (EAV) land use designation, unless the use is accessory in which case it is allowed outside the EAV. See EAV Map in RMC 4-2-080B. e 'Stow- usetablecondrev011210_new#.doc 4-2-77 December 11, 2001 4-2-080 or one story. (Ord. 4786, 7-12-1999) "Editor's Note: Move screening requirements to Development Standards.) 58264. Only allowed in the Employment Area Valley (EAV) land use designation with lis-indlustrial zoning. See EAV Map in RMC 4-2-080B . Outside of the Employment Area Valley, use is allowed as an Administrative Conditional Use. In the Commercial Arterial Zone self storage is limited to one story a "Editor's Note: Fix internal conflict regarding permit type in the IL zone. CA zone would qo through Site Plan Review and Conditional Use Process and issue of building stories would be reviewed at that point; also recommend applying design standards (docket item).) 41 2 080B.} "Editor's Note: Eliminate unclear community need language which is already found in CUP criteria. Allow throughout the zone. Preprocessed material should be less of an impact than operations that use raw materials.) "Editor's Note: Address characteristics of accessory uses in definition.] ° "Editor's Note: Address characteristics of accessory uses in definition. Indoor storage allowances modified to permit in Industrial zones, and allow accessory elsewhere.] 4786, 7 12 1999)"Editor's Note: In the small area between 1-405 and SW 16'h Street, do not allow the self-storage use. Original note seems to have been applied in error to assembly and packaging operations.) 269. Within the area south of 1405 and north of SW 16'44 . 4786, 7 12 1999} "Editor's Note: Combined with Note 37 (204). Kennels treated as a separate use.) 59278. Excluded within the area south of 1-405 and north of SW 16'h St. (Ord. 4786, 7-12-1999) ' St. limited to indoor kennels rd. 1178667-12-1-9 9) "Editor's Note: Change in use categories allows elimination. Kennels treated separately from veterinary offices.) 272. Permitted when ancillary to a permitted primary use where food and beverages arc served on the th usetablecon drev01 1 21 0_new#.doc 4-2-78 December 11, 2001 4-2-080 • [Editor's Note: Combined with Note 52 (255).1 [Editor's Note: Tow truck operations typically require a vehicle storage area, and if not allowing this part of the operation, then the use should be prohibited within the subject area.] • • • • • . ; t. (Ord. 4786, 7 12 1999)[Editor's Note: Condition 24 (129) applied instead. Suitable locations including State criteria would be reviewed with Conditional Use Permit Process. Address use in Site Plan Review applicability.) • • 1-999) [Editor's Note: Combined with Note 17 (98)1 276. COR 3: Uso is not permitted. (Ord. 4802, 10 25 1°99) [Note: Combined with Note 23 (128). Shuffleton plant scheduled for demolition. No manufacturing uses are onsite. Utility uses treated separately.) 60277. Subject to the size restrictions of RMC 4-2-120.A. Retail sales uses are limited to: Flowers/plants and floral supplies; mini-marts; newsstands; entertainment media sales. [Editor's Note: Retains current regulatory content.] 61278. No drive through service shall be permitted, except for financial institutions which are permitted three (3) accessory drive-up windows that shall be part of the exterior wall of the financial institution structure. [Editor's Note: Based on Use Notes restricting retail and service uses.] 6227-£3. Outside the Employment Area Valley (EAV) land use designation (see EAV Map in RMC 4-2- 080.B, drive through is permitted only when accessory to a financial institution. Financial institutions are permitted three (3) accessory drive-up windows that shall be part of the exterior wall of the financial institution structure. Within the EAV, drive through service is permitted. [Editor's Note: Issue for Policy Team —allow drive-through for all retail in the EAV? Currently not allowed in association with convenience goods (undefined).) 6328g. Subject to the size restrictions of RMC 4-2-120.A. Onsite services are limited to the following: Barber/beauty shops; laundromats; repair services; entertainment media rental. [Editor's Note: Retains current regulatory content.1 64282. Limited to storage in association with rental services. In the CS zone, size restrictions apply per RMC 4-2-120.A. [Editor's Note: Keeps intent of current code.) 65283. Allowed outright in the Employment Area Valley (EAV) land use designation. (See EAV Map in RMC 4-2-080B.) Outside the EAV, the use is limited to Health Clubs/Fitness Centers/Sports Clubs, which shall be developed as part of larger office structures. Such uses shall not stand usetablecondrev01 121 0_new#.doc 4-2-79 December 11, 2001 4-2-080 alone and shall not occupy more than twenty five percent (25%) of any one floor of a building whose primary use is office. (Editor's Note: Keeps intent of current code.1 Nag 66285. Requires a Hearing Examiner Conditional Use Permit, except that electrical power generation and co-generation is permitted as an accessory use when located more than one hundred feet (100') from any property zoned for residential use, i.e. RC, R-1, R-5, R-8, R-10, R-14, RM, and producing less than ten (10) megawatts of electricity. In the CO Zone, the use must be accessory to a medical institution. (Editor's Note: Valley Medical Center requested such a facility 6 or 7 years ago at the listed wattage. It is believed that Boeing has accessory power generation supplies. With the energy issues faced today, these may be in demand. An example co- generation facility in Ontario, Canada, provides electricity to a casting plant and an engine plant, generating 30 megawatts, or enough to power 3,500 homes. The accessory form as shown would be 1/3 the size of the example. Combines note 213.1 67286. Chemical and allied products manufacturing operations, or operations which are conducted predominantly out of doors, require a Hearing Examiner Conditional Use Permit in the IM Zone, and an Administrative Conditional Use Permit in the IH zone, except that these uses are not permissible in the area south of 1-405 and north of SW 16`h Street. 68287. Uses are subject to the size restrictions of RMC 4-2-120.A. The following retail sale uses are not permitted: Department stores; jewelry stores; office supply stores; pet shops and grooming. 69288. Uses are subject to the size restrictions of RMC 4-2-120.A. Only the following onsite service uses are permitted: a. Financial and real estate services; repair services, excluding jewelry; entertainment media rental; b. Rental services not otherwise listed in subsection "a" require an Administrative Conditional Use Permit. 'Editor's Note: Allow repair services since allowed in more restrictive CC zone. No jewelry repair since jewelry sales not allowed. 70289. No drive through service shall be permitted, except for multi-story financial institutions which are permitted three (3) accessory drive-up windows. The accessory drive through service shall be located to the side and/or rear of the building, and the windows shall be part of the exterior wall. 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 Level I process. [Editor's Note: CD zone currently does not restrict drive through service. The proposed note would apply design standard to promote the use consistent with the purpose and intent of the zone.' usetablecondrev011210_new#.doc 4-2-80 December 11, 2001 4-2-090 4-2-090 PUBLIC ZONE (P-1): 'Editor's Note: This section will be deleted after all P-1 rezones are complete.1 A. PERMITTED USES: All projects in the Public Zone (P-1) require site plan review. Plans and general specifications for all projects shall be submitted as specified in RMC 4-9-200, Site Plan Review. The approving body shall then ascertain and determine that the general design and development conform with the adjacent surroundings, meet applicable building and Zoning Code requirements, comply with the Comprehensive Plan, and have adequate and safe traffic circulation and access. The following principal and accessory uses are permitted: 1. PermittedPrincipal: Governmental buildings such as hospitals, libraries, museums and schools. a. Municipal parks, playgrounds, golf courses and similar recreational uses. b. Park and ride lots. c. Police and fire stations. d. Municipal utility facilities. e. Municipal airports. f. Hobby kennel. (Ord. 4008, 7-14-1986) g. Expansions of existing public and private elementary schools of less than ten percent (10%), subject to site plan review. (Ord. 4404, 6-7-1993) h. Portable schoolrooms associated with public or private elementary or secondary schools with the following conditions: No more than four (4) per site, subject to site plan review. 'Editor's Note: Moved from Section 5, Secondary, in order to eliminate Primary/Secondary.) 2. Accessory Uses: In the Public Zone (P-1) the following uses are allowed where incidental to a permitted use: a. Services such as food, pharmacies, gift shops, newsstands and similar uses usually associated with a permitted use may be allowed within the principal building. b. Facilities for caretakers or on-duty public employees. (Ord. 4008, 7-14-1986) c. Retail services such as concessions and rental facilities which are usually associated with public parks and as recommended by the Renton Park Board. (Ord. 4124, 2-1-1988) 3. Conditional Uses: In the Public Zone (P-1) the following private uses and their accessory uses may be allowed by conditional use permit as provided in RMC 4-9-030, Conditional Use Permits: a. Accessory uses in separate buildings. b. Facilities to (1) sell, service and store airplanes, (2) service airport patrons, and (3) those ordinarily incidental and essential to the operation of a municipal airport. c. Airport and aircraft parts, the manufacture of aircraft, aircraft parts and hydrofoils at the Renton Municipal Airport. d. Heliports. e. Public utility facilities. f. Buildings over fifty feet (50') in height but not exceeding ninety five feet (95'). g. Churches. h. Medical offices (i.e., doctor, dentist). Schools. j. Parks, playgrounds and similar uses. k. Hospitals. (Ord. 4008, 7-14-1986) I. On-site hazardous waste treatment and storage facilities. (Ord. 4186, 11-14-1988) m. New public or private elementary and secondary schools. n. Expansions of existing public or private elementary and secondary schools of more than ten percent (10%). 4-2_Dev_Std_TablesREV_SHORT_DEC.doc 4-2-81 December 11, 2001 Arnimorur 4-2-090 o. Any change in use of existing public or private school property. **0104 4. Unclassified Uses: Unclassified public or private uses are those uses possessing unique and special characteristics which prevent them from being permitted outright. These uses may be permitted only in the P-1 Zone after review by the City Council and subject to any conditions imposed to mitigate the impacts of the use.The following uses are unclassified: a. Jails, prisons, halfway houses, work release and other correctional facilities. b. Nature exhibits, zoos and aquariums. c. Solid waste incineration, landfills or other disposal facilities. 5. Secondary Uccs: No more than four(4) per site, subject to site plan review. (Ord. 4104, 6 7 1993)- 'Editor's Note: Moved as a Permitted Use subject to the condition to eliminate Primary/Secondary references.) B. PROHIBITED USES: In the Public Zone (P-1)the following uses are prohibited: 1. All exterior merchandise or products display. 2. All advertising devices except as provided by RMC 4-4-100, Sign Regulations. NIS 3. All residential uses. 4. Off-site hazardous waste treatment and storage facilities. 54. All other uses. (Ord. 3722, 4-25-1983) 5. Off site hazardous waste treatment and storage facilities. (Ord. 4186, 11 14 1988) C. DEVELOPMENT STANDARDS: In the Public Zone (P-1) the following development standards shall apply, except as otherwise provided by this Section: 1. Setbacks: a. Front Yards: Minimum requirements on the following types of streets shall be: Street Types Front Yard Setback Arterial (Major and Secondary) 30' Arterial (Collector) 25' All Others 20' b. Rear Yard (Interior): A minimum of ten feet (10') except if the property is contiguous to a zone with a more restrictive rear yard requirement in which case the rear yard shall be the minimum of the more restrictive zone. 4-2_Dev_Std_TablesREV_SHORT_DEC.doc 4-2-82 December 11, 2001 4-2-090 c. Side Yards(Interior): A minimum of five feet (5'). 2. Special Setbacks: a. Any yard abutting a public right-of-way shall be a minimum of twenty feet (20'). b. Where a P-1 Zone abuts a lot which is zoned RC, R-1, R-5, R-8 and R-10 G 1, R 1 or R 2 on the City of Renton Zoning Map family-en the , there shall be a minimum setback from the common lot line of fifty feet (50') with a minimum of the first twenty feet (20') from the common lot line landscaped. c. Where a P-1 Zone abuts lots zoned R-14, or RMG-1a— R 1, R-2, R 3 and R 4 on the City of Renton Zoning Map , there shall be a minimum landscaped setback of twenty feet (20')from the common lot line. 'Editor's Note: Replace old zoning references with new ones, based on intent. Interpreted that Subsection 1 was intended to address single family and 2-unit attached dwellings, and Subsection 2 was intended to apply to multifamily zones.' 3. Height: a. The height of a building shall not exceed fifty feet (50') except as a conditional use. b. Public and private utility facilities (except buildings) shall be allowed to exceed fifty feet (50'). 4. Parking/Circulation: Parking and circulation standards required shall be as follows: a. Access: The principal access shall be from an arterial or collector street. b. Parking/Circulation: Parking and circulation along the common lot line with a residential lot designated as such on both of the City of Renton Comprehensive Plan and Zoning Map shall be allowed only if ten feet (10') of sight-obscuring landscaping and a six foot (6') solid masonry wallfcnce are used along the common boundary. c. Parking Requirements: See RMC 4-4-080. 5. Signs: See RMC 4-4-100. 6. Noise: Truck traffic and other noise normally associated with an operation shall be limited to the hours between seven o'clock (7:00) a.m. and seven o'clock (7:00) p.m. unless the Hearing Examiner shall find that due to the specific circumstances of the particular application, other hours of operation should be established in order to protect the public health, safety and welfare. (Ord. 3722, 4-25-1983) 4-2_Dev_Std_TablesREV_SHORT_DEC.doc 4-2-83 December 11, 2001 ., = a c _cO p � N ; m C.) .c CO i c Q Q Q, a) N ® O aN z ` ,- Co- Z a'rt../ tSf tqCCI_ n s Z av) rco 00 as N a O N t® .� co00 fUjj € O„ c C c E Cl) O O a•- c Cl)* +- a_ Q) 0 >_ 0 c - O V) -F k e' ' `®: _.,,c •- a) coa) a) a) 0) Eo > a, oE 1. a; a)-p — LE N cal c Et5 -o 0) g — Qco � a) o 0_ (7) i Nc\I . a) cn O 0 3 1 0 c O) 3 ai E5Q) 3 •- N � 2 0a) a) pa) p `.) N Q a) 'a 0 o N c� I� U o U cn (15 O o. Z Z co CI co N aii a) a® W � O co c c Z D co Z N m .. 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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 preclude the provision of adequate access and infrastructure to future development these and would allow for the eventual satisfaction of minimum density requirements through future development. 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 requirements may be reduced waived by the Reviewing Official. [Editor's Note: Docket how to enforce location of buildina(s) after subdivision. Title notice? What is appropriate for review at building permit stage? Also the terms phasing, shadow platting or land reserves should be defined. Similar provisions in "b"and"c"consolidated.1 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 specifically authorized, the modification of building size, units per structure, or densities requires a legislative change in the code provisions and/or a Comprehensive Plan Amendment/Rezone. 4y. [Editor's Note: Old language combined with 3. New language refers to provisions not subject to variance like densities.1 3. Clustering may be allowed to meet objectives such as preserving significant natural features, providing neighborhood open space, or facilitating the provision of sewer service, subject to the following standards: a. Cluster developments shall be limited to a maximum of 6 lots in one cluster. b. The maximum net density requirement shall not be exceeded. c. The area of individual lots shall not be less than 4,500 sq. ft. d. R-1: Except for density, the remaining development standards of the Residential-8 Dwelling Units Per Acre Zone (R-8) shall apply. (Editor's Note: Combines Notes 2 and 3. Consider clustering as a docket item. For example, should there be a separation between clusters?1 4-2_Dev_Std_TablesREV_SHORT_DEC.doc 4-2-102 December 11, 2001 4-2-110 D 4. Allowed Projections into Setbacks: a. Fireplace Structures, Windows: Fireplace structures, bay or garden windows, enclosed stair landings, and similar structures as determined by the Zoning Administrator may project 24" into any setback; provided, such projections are: (i) Limited to 2 per facade. (ii) Not wider than 10'. b. Fences: See RMC 4-4-040. c. Steps, Porches and Decks: Uncovered steps, porches and decks not exceeding 18" above the finished grade may project to the property line. Steps, porches, and decks having no roof covering and being not over 42" high may be built within the front yard setback. d. Eaves: Eaves and cornices may not project up to more than 24" into any required setback . e. Eaves, cornices, steps, terraces, platforms and porches having no roof covering and JEditor's Note: Section "a" under City Council review. Remove conflict regarding eaves and cornices, and combine"c"and"e".Why differences in deck height in yards? Docket.] 5. Abutting is defined as "Lots sharing common property lines". 'saw, 'Editor's Note: Old language -add to Table since it is an important incentive; new language emphasizes definition of abutting which is used specifically in the Code and unlike common usage of adjacent/abutting.] 6. A front yard setback of less than 20' is maybe allowed if 20'. In such case, the front yard setback shall not be less than equal to or greater than the average of the front yard setback of the existing, abutting primary structures; however, in no case shall a minimum setback of less than 20' be allowed for garages which access from the front yard street(s). JEditor's Note: Regarding modifications, there seems to be enough flexibility by averaging. Docket—address corner lots with only one abutting primary structure.] 7. The front yard setback of the primary structure may be reduced to 10' if all parking is providod in fEditor's Note: Add to Table since it is an important incentive.] 8. For pre existing legal lots 150' or less in depth, the side yard shall be a minimum of 25'. 'Editor's Note: Combined with Note 7 as newly numbered.] 79. For pre-existing legal lots having less than the minimum lot width required by this Section (75T. -then the following chart shall apply for determining the required minimum side yard width along a street: for each foot in a maximum of 20' 4-2_Dev_Std_TablesREV_SHORT_DEC.doc 4-2-103 December 11, 2001 4-2-110D WIDTH OF EXISTING, LEGAL LOT MINIMUM SIDE YARD WIDTH ALONG A STREET RC ZONE 150 feet or - 25 ft. ZONE Less than or equal to 50 ft. 10 ft. 50.1 to 51 ft. 11 ft. 51.1 to 52 ft. 12 ft. 52.1 to 53 ft. 13 ft. 53.1 to 54 ft. 14 ft. 54.1 to 55 ft. 15 ft. 55.1 to 56 ft. 16 ft. 56.1 to 57 ft. 17 ft. 57.1 to 58 ft. 18 ft. 58.1 to 59 ft. 19 ft. 59.1 and greater 20 ft. R-5 or R-8 ZONE _Less than or equal to 50 ft. 10 ft. 50.1 to 52 ft. 11 ft. 52.1 to 54 ft. 12 ft. 54.1 to 56 ft. 13 ft. 56.1 to 58 ft. 14 ft. 58.1 or greater 15 ft. However, in no case shall a structure over 42" in height intrude into the 20' clear vision area defined in RMC 4-11-030. (Editor's Note: Combines Notes 8, 9 and 10 as formerly numbered and lists the widths for clarity. Need to determine the date this provision was added into the code for"pre-existing legal lots." Need to review definition of legal lot as a docket item.l (Editor's Note: Language combined with 7 as newly numbered.] 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 Administration Airport Zones designated under RMC 4-3-020. (Editor's Note: Generally made consistent with notes in Commercial and Industrial Zones.l 0 • • tto loss than. 10' . [Editor's Note: Apply Note 6 instead. Note 12 appears to be a carry- over from an older code which included R-2 and R-3 zones.1 4-2_Dev_Std_TablesREV_SHORT_DEC.doc 4-2-104 December 11, 2001 4-2-110 D • • these standards shall apply: a. Publicly owned structures housing such uses shall be permitted an additional 15' in height above that otherwise permitted in the Zone if "pitched roofs", as defined herein, structures. b. In addition, in zones where the maximum permitted building height is less than 75', the (i) When abutting a public street, 1 additional foot of height for each additional 1 1/2' street level unless such setbacks arc otherwise discouraged (e.g., inside the Downtown Core Arca in the CD Zone); (ii) When abutting a common property line, 1 additional foot of height for each below a 20% maximum lot area cove ]Editor's Note: Apply Note 9 as newly numbered instead.1 91-4. "Public Suffix" (P) properties designation are subject to allowed the following hl4eight bonus: Publicly:-owned structures housing ch-uses shall be permitted an additional 15' in height above that otherwise permitted in the Zone if"pitched roofs", as defined herein, are used for at least 60% or more of the roof surface of both primary and accessory structures. In addition, in zones whore the maximum po ift rJ building hei ht is In th 75 the maximum height of a publicly owned structure may be increased as follows, up to a maximum height of 75'to the highest point of the building: a. When abutting a public street, 1 additional foot of height for each additional 1-1/2' of perimeter building setback beyond the minimum street setback required at street level the CD Zone); and/or. b. When abutting a common property line, 1 additional foot of height for each additional 2' of perimeter building setback beyond the minimum required along a common property line; and. c. On lots 4 acres or greater, 5 additional feet of height for every 1% reduction below a 20% to the public during the day or week. ]Editor's Note: Stricken language inapplicable to single-family zones. Heights are less than 75 feet. The zones are not in the Downtown Core. Many public uses require a CUP which requires compliance with criteria restricting lot coverage to half of the zone (in this case equal to 17% typically). "Public Use" requirement added to left-hand column description.] 101-5. Includes principal mejer-or-secondary arterials as defined in the Arterial Street Map of the City's 6 Year Street Improvement Plan. Arterial streets within the Central Business District— bounded by 4-2_Dev_Std_TablesREV_SHORT_DEC.doc 4-2-105 December 11, 2001 4-2-110D the Cedar River, FAI 405 Freeway, South 4th Street, Shattuck Avenue South, South Second Street, and Logan Avenue South—shall be exempt from this setback requirement. JEditor's Note: Made consistent with arterial street classes referenced in the City's TIP and with administrative determination that only addresses primary arterials.) 11. In order to be considered detached, a structure must be sited a minimum of 6' from any residential structure. 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Front and rear setbacks in the RM-U Zone may be reduced to 0' by the Reviewing Official during the site plan review process provided the applicant demonstrates that the project will provide a compensatory amenity such as an entryway courtyard, private balconies or enhanced landscaping. 2. If the structure located in the RM-U Zone exceeds 4 stories in height, a 15' front setback from the property line shall be required of all portions of the structure which exceed 4 stories. This requirement may be modified by the Reviewing Official during the site plan review process to a uniform 5' front setback for the entire structure provided that the structure provides a textured or varied facade (e.g., multiple setbacks, brickwork and/or ornamentation) and consideration of the pedestrian environment (e.g., extra sidewalk width, canopies, enhanced landscaping). 3. RC, R 1, R 5, R 8, and R 10. Minimum side yard setbacks for detached dwellings on lots with zero lot line on one side: 10 ft. on side with side yard. 5 ft. maintenance/no build easements on lots adjoining the zero lot line shall be required. [Editor's Note: Old language incorporated into table. New language moves some text from the table to the notes as it is a rare case.' 4. 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 specifically authorized, the modification of building size, units per structure, or densities requires a legislative change in the code provisions and/or a Comprehensive Plan Amendment/Rezone. , esidential building [Editor's Note: The original condition applies in any case. The added language clarifies that"variances"are not considered for"use" items.' 5. In all districts except the "U", more stories and an additional 10' in height may be obtained through the provision of additional amenities such as pitched roofs, additional recreation facilities, underground parking, and/or additional landscaped open space areas, as determined through the site plan review process. [Editor's Note: Docket process for determining additional height for consistency. Determine if listed amenities are commonly provided in any case, or when provided, have resulted in the quality expected for the trade-off.l 6. In the"I" District, additional height for a residential dwelling structure may be obtained through the site plan review process depending on the compatibility of the proposed buildings with adjacent existing residential development. In no case shall the height of a residential structure exceed 45'. [Editor's Note: Docket process for determining additional height for consistency. Determine if listed amenities are commonly provided in any case, or when provided, have resulted in the quality expected for the trade-off.l 7. /1 3 020, Airport Related Height and Use Restrictions. 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 Administration Airport Zones designated under RMC 4-3-020. (Editor's Note: Generally made consistent with language in Commercial and Industrial Zones.l 8. Allowed projection into setbacks: a. Fireplace structures, bay or garden windows, enclosed stair landings, and similar structures as determined by the Zoning Administrator may project 24" into any setback in the R-10, R-14 and RM Zones and may project 30" into a street setback in the R-14 Zone, provided, such projections are: 4-2_Dev_Std_TablesREV_SHORT_DEC.doc 4-2-127 December 11, 2001 4-2-110H (i) Limited to 2 per facade. (ii) Not wider than 10'. b. Fences: See RMC 4-4-040., Fences 6' or less in height may be located within the rear and side yard setback areas c. Uncovered steps, porches and decks not exceeding 18" above the finished grade may project to the property line. Steps, porches and decks having no roof covering and being not over 42" high may be built within the front yard setback. d. In the R-14 Zone only, uncovered porches and decks 18" or higher above grade at any point along outer edge of structure may project 24" into an interior setback or 30" into a street setback. e. Eaves and cornices may not project up to more-than 24" into any required setbackag interior or street setback in the R-10, R-14 and RM Zones. In the R-14 Zone only, eaves may project up to 30" into a street setback. f. Eaves, cornices, steps, terraces, platforms and porches having no roof covering and „ 'Editor's Note: Section "a" under City Council review. Section "b" made consistent with Single Family condition list. Issue of retaining wall should become a docket item — where are they allowed and at what height? Remove conflict regarding eaves and cornices, and combine "c"and "e".Why differences in deck height in yards? Docket.l *800 9. A front yard setback of less than 20 ft. may be allowed by the Development Services Division if the average front setback of existing primary structures on lots abutting the side yards is less than 20 ft. In such case, the front yard setback shall not be less than the average of the front setback of the abutting primary structures; however, in no case shall a minimum setback of less than 20 ft. be allowed for garages which access from the front yard street(s). 'Editor's Note: Old language, apply 13 instead. New language moved from R-10 minimum front yard.l 10. See RMC 4-3-100, Urban Center Design Overlay Regulations. 'Editor's Note: Old language, use 13 instead. New language specifies"design review".l 11. Except barns, stables and other animal husbandry or agrisultural related structures. 'Editor's Note: Agriculture not allowed in R-10, but animal husbandry is allowed. RM does not allow either use; therefore, note removed.' 12. In order to be considered detached, a structure must be sited a minimum of 6' from any residential structure. 4-2_Dev_Std_TablesREV_SHORT_DEC.doc 4-2-128 December 11, 2001 4-2-110H 13. In the event the applicant show that minimum density cannot be achieved due to lot configuration lack of access or physical constraints, minimum density requirements may be reduced by the Reviewing Official. 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 preclude the provision of adequate access and infrastructure to future development these techniques would-stow and would allow for the eventual satisfaction of minimum density requirements through future development. Within the Urban Center, surface parking may be considered a land reserve. [Editor's Note: Language added from similar note 9 to consolidate. Docket: How to enforce location of buildinq(s) after subdivision or demonstration of land reserve? Title notice? What is appropriate for review at building permit staqe?1 14. Adjacent is defined as "Lots located across a street, railroad right-of-way, except limited access roads". Density and Unit Sinn Bon prohibited. b. Bonus Dwelling Unit Mix/Arrangement: Dwelling units permitted per structure may be (i) Primary Uses: A maximum of I units per structure, with a maximum structure length of 100'. (ii) Secondary Uses: A maximum of 8 units per structure with a maximum structural a. Alley and/or rear access and parking for 50% of primary uses or secondary use townhousesr or b. Civic uses: (i) Community meeting hall, (ii) Senior center, {iii) Recreation center, or (iv) Other similar uses as determined by the Zoning Administrator, or 4-2_Dev_Std_TablesREV_SHORT_DEC.doc 4-2-129 December 11, 2001 4-2-110H (i) Playgrounds, picnic shelters/facilities and equipm , of the open space. {i) function as a focal point for the development, (ii) have a maximum slope of 10%, (iii) have a minimum width of 25', except for trails or corridors, {iv) be located outside the right of way, (v) bo improved for passive and/or active recreational uses, subdivi a. Architectural design which incorporates enhanced building entry features (e.g., varied b. Active common recreation amenities such as picnic facilities, gazebos, sports courts, d. Building or structures incorporating bonus units shall have no more than 75% of the signage details, and street trees as approved by the Reviewing Official. (Amd. Ord. 4773, 3 22 1999} 'Editor's Note: Old language - consolidated in RMC 4-9-065; new language to emphasize specific definition in RMC which is different than common usaqe.1 15. Abutting is defined as "Lots sharing common property lines". Subject to the landscaping provisions (of the R 14 Zone). 'Editor's Note: Old language - landscape requirements are in the chart already; new lanquage—to emphasize specific word usage in RMC.l 4400. 4-2_Dev_Std_TablesREV_SHORT_DEC.doc 4-2-130 December 11,2001 4-2-110H 16. The Reviewing Official may modify this provision, through the site plan review process, where it is determined that specific portions of the required landscaping strip may be developed and maintained as a usable public open space with an opening directly to a public entrance. [Editor's Note: Landscaping and associated fencing requirements recommended as a Docket issue to ensure applied consistently/appropriately across similar zones/situations.1 17. The Reviewing Official may permit, through the site plan review process, the substitution for the 15' wide landscaping strip, of a 10' wide landscaped setback and a sight-obscuring solid barrier wall (e.g., landscaping or solid fence), in order to provide reasonable access to the property. The solid barrier wall shall be designated in accord with the Site Plan Review section and shall be located a minimum of 5'from abutting property(ies) zoned and or designated for"residential" use. The Reviewing Official may also modify the sight-obscuring landscaping provision, through the site plan review process, if necessary to provide reasonable access to the property. A secured maintenance agreement or easement for the landscape strip is required. [Editor's Note: Landscaping and associated fencing requirements recommended as a Docket issue to ensure applied consistently/appropriately across similar zones/situations.1 18. RESERVED.The applicant must demonstrate to the Reviewing Official that the proposed development will: a. Be developed to standards equivalent to those requirements established in this chapter for yards, land areas, widths, setbacks and frontages, and b. Provide access and infrastructure to serve the development, equivalent to those requirements established in the subdivision regulations. (Amd. Ord. 4773, 3-22-1999) [Editor's Note: Moved from Table for brevity.) (Amd. Ord. 4773, 3-22-1999) [Editor's Note: First two sentences are found in purpose of Zone. Last sentence moved to table.' 1920. For existing parcels which are a maximum size of 1/2 acre, as of the effective date hereof, and which are proposed to be developed with townhouse development, an exemption from lot width or depth requirements may be permitted if the Reviewing Official determines that proposed alternative width standards are consistent with Site Plan Review section criteria. (Amd. Ord. 4773, 3-22-1999) [Editor's Note: Docket process for determining lot width/depth for consistency.' [Editor's Note: Regulations do not preclude irregular lots.' (Amd. Ord. 4773, 3-22-1999) [Editor's Note: Moved to Table' width, then for-every 2' in width in excess of 50' the required side yard shall be increased from a minimum of 10' by 1' up to a maximum of 15'. However, in no case shall a ..4-Licturc over 42" in height intr,urde into the 20' sight triangle [Editor's Note: The multi-family zones do not require lot widths greater than 50 feet. The RM zone has yards based on width of lot already. Irrelevant.' 0 intersecting streets at the time of the passage of this Code has been built up with buildings having 4-2_Dev_Std_TablesREV_SHORT_DEC.doc 4-2-131 December 11, 2001 4-2-110H . i , depth. JEditor's Note: Condition appears to be a carry-over from an old code — R-2, R-3 are old designations.] 2025. Includes principal or minor arterials as defined in the Arterial Street Plan. Arterial streets within the Central Business District— bounded by the Cedar River, FAI 405 Freeway, South 4th Street, Shattuck Avenue South, South Second Street, and Logan Avenue South — shall be exempt from this setback requirement. (Amd. Ord. 4773, 3-22-1999) 'Editor's Note: Made consistent with administrative determination.] a. Publicly owned structures housing such uses shall be permitted an additional 15' in 0 structures. b. In addition, in zones where the maximum permitted building height is less than 75', the , , 0 0 'Editor's Note: Apply Note 21 as renumbered instead.] 2127. All uses-having--a "Public Suffix" (P) properties designation are allowed subject--te the following; Height bonus: Publicly owned structures housing-such-uses shall be permitted an additional 15' in height above that otherwise permitted in the Zone if "pitched roofs", as defined herein, are used for at least 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 75', the maximum height of a publicly owned structure may be increased as follows, up to a maximum height of 75'to the highest point of the building: a. When abutting a public street, 1 additional foot of height for each additional 1-1/2' of perimeter building setback beyond the minimum street setback required at street level unless such setbacks are otherwise discouraged (e.g., inside the Downtown Core Area in the CD Zone); 4-2_Dev_Std_TablesREV_SHORT_DEC.doc 4-2-132 December 11, 2001 4-2-110H b. When abutting a common property line, 1 additional foot of height for each additional 2' of perimeter building setback beyond the minimum required along a common property line; Ni....- and c. On lots 4 acres or greater, 5 additional feet of height for every 1% reduction below a 20% maximum lot area coverage by buildings 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. JEditor's Note: Minor edits for streamlining. "Public Use" requirement added to left-hand column description.] 2228. 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The following table indicates the maximum requested size/standard change that may be allowed by Conditional Use Permit. Increases above these levels may not be achieved by a variance or the Conditional Use Permit process. APPLICABLE ZONE STANDARD CHANGE CONDITIONAL USE REQUEST PERMIT TYPE CC Uses restricted to 3,000 gross s.f.- increases: • Between 3,000-5,000 s.f. max. CC Uses restricted to 5,000 gross s.f. - increases up to: • 10%or 500 gross s.f. AD • 20%or 1,000 gross s.f. H CN Uses restricted to 35,000 gross s.f. -increases up to: • 20%or 7,000 gross s.f. AD • 40%or 14,000 gross s.f. H CS Uses restricted to 65,000 gross s.f. -increases up to: • 20%or 13,000 gross s.f. AD Sow, • 40%or 26,000 gross s.f. H [Editor's Note: Old language, incorporated into Development Standard Table. New language moved from Use Table. CC zone range 3,000 to 5,000 is new and fills a"gap"in the current regulations.] 3. These provisions may be modified by the Reviewing Official Hearing Examiner 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. JEditor's Note: Landscaping/fencing requirements should be reviewed as a docket item or separate work program. Need to review location of required walls in relation to landscaping,width and type of landscaping generally across all zones.] /1. R 1, R 5, R 8, R 10, R 14, RM I or RM U. JEditor's Note: Incorporated into Development Standard Table.] 46. Provided that a solid 6' barrier wall is provided within the landscaped strip and a maintenance agreement or easement for the landscape strip is secured. A solid barrier wall shall not be located closer than 5' to an abutting residentially zonn& lot zoned R-1,-R-5, R-8, R-10, R-14, or RM-I. [Editor's Note: Landscaping/fencing requirements should be reviewed as a docket item or separate work program. Need to review location of required walls in relation to landscaping, width and type of landscaping generally across all zones.1 56. The Reviewing Official Hearing Examiner may modify the sight-obscuring provision in order to provide reasonable access to the property through the site plan review process. [Editor's Note: Landscaping/fencing requirements should be reviewed as a docket item or separate work program. Need to review location of required walls in relation to landscaping, width and type of 'N.•. landscaping generally across all zones.] 4-2_Dev_Std_TablesREV_SHORT_DEC.doc 4-2-153 December 11, 2001 4-2-120C 67. On lots abutting more than 1 street, the maximum setback requirement shall only be applied to the primary street as determined by the Reviewing Official. For additions to existing structures, the maximum setback requirements shall only apply when the addition is subject to the site plan review. JEditor's Note: Consider similar provision for residential zones instead of separating front and street side yards.) 78. 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 Administration Airport Zones designated under RMC 4-3-020. . JEditor's Note: Rearrangement of statements.) 89. Abutting is defined as"Lots sharing common property lines". 94-9. Adjacent is defined as "Lots located across a street, railroad right-of-way, except limited access roads". 1014. 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 specifically authorized, the modification of building size, units per structure, or densities requires a legislative change in the code provisions and/or a Comprehensive Plan Amendment/Rezone. , JEditor's Note: Old Language - refer in Table to RMC 4-4-070.D.6 which contains a map. New Language - addresses use standards not subject to a variance.) *411010 12. R€S€RV€D. (Amd � nuns 1 n 25 1999) 1143. Heights may exceed the maximum height under Hearing Examiner conditional use permit. In consideration of a request for conditional use permit for a building height in excess of 95' the Hearing Examiner 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: Proximity of arterial streets which have sufficient capacity to accommodate traffic generated by the development. Developments are encouraged to locate in areas served by transit. b. Comprehensive Plan: The proposed 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 regulation of the City. c. Effect on Adjacent Properties: Buildings in excess of 95' in height at the proposed location shall not result in substantial or undue adverse effects on adjacent property. When a building in excess of 95' in height is adjacent to a lot designated residential on the City Comprehensive Plan, then setbacks shall be equivalent to the requirements of the adjacent 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 oriented to minimize the shadows they cause on publicly accessible open space. 4-2_Dev_Std_TablesREV_SHORT_DEC.doc 4-2-154 December 11, 2001 4-2-1 20C 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. 'Editor's Note: Docket—determine appropriate process for height variations for consistency.] 14. COR 1 is applied to the property known as the Stoneway Concrete Site. 'Editor's Note: Purpose of zone states location, as well as Comprehensive Plan.] 121-5. See RMC 4-2-080.C. `"Downtown core area" is that urea bounded by th. ntorli. of c ith ' 'Editor's Note: Refer to graphic.] 16. COR 2 is applied to the property known as the Port Quendall Site. COR 3 is applied to the 'Editor's Note: Purpose of zone states location, as well as Comprehensive Plan.] 131-7. Heights may exceed the maximum height by up to 50' with bonuses for plazas and other amenities, subject to a Hearing Examiner's conditional use permit. 'Editor's Note: Docket — determine appropriate process for height variations for consistency. Use Table allows ADCUP for height and bulk changes. Given substantial height of zone, recommend retaining HECUP at this time.] 141-8. A reduced minimum setback of no less than 15' may be allowed for structures in excess of 25' in height through the site plan review process. 'Editor's Note: Docket — determine appropriate process for variations to standards for consistency. The Use Table allows height and bulk standards to be varied by ADCUP. Bulk standards not defined. Recommend site plan review consistent with this note for setback variations.] 151-9. Additional height may be allowed via the site plan review process; provided, the applicant can demonstrate provision of the following significant public benefits: a. Provision of continuous pedestrian access to the shoreline consistent with requirements of the Shoreline Management Act and fitting a circulation pattern within the site; b. Provision of 5 affordable units per 50 units, which meet the provisions of the housing element of the Comprehensive Plan; c. Provision of an additional 25' setback from the shoreline above that required by the Shoreline RegulationsManagereent-Act; d. Establishment of view corridors from upland boundaries of the site to the shoreline; e. Establishment of Otwater related uses. If the applicant wishes to reach these bonus objectives in a different manner, a system of floor area ratios may be established for the property to be determined at the time of site plan review. Furthermore, the Level II Site Planmaster plan must address the impact of this height on the neighboring area and mitigate these impacts. 'Editor's Note: Utilize correct terms. Unlike other height variations, use of the Site Plan Review process for COR height variations is retained as specific incentives/amenities are provided. Many of the development standards of this zone are developed through Site Plan Review.] 4-2_Dev_Std_TablesREV_SHORT_DEC.doc 4-2-155 December 11, 2001 4-2-120C 1620. The maximum setback may be modified by the Reviewing Official through the site plan review process if the applicant can demonstrate that the site plan meets the following criteria: Noid a. Orient development to the pedestrian through such measures as providing pedestrian walkways beyond that required by the RMC, encouraging pedestrian amenities and supporting alternatives to single occupant vehicle (SOV)transportation; and b. Create a low scale streetscape through such measures as fostering distinctive architecture and mitigating the visual dominance of extensive and unbroken parking along the street front; and c. Promote safety and visibility through such measures as discouraging 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. The Reviewing Official may also modify the maximum setback requirement if the applicant can demonstrate that the preceding criteria cannot be met; however, those criteria which can be met shall be addressed in the site plan: a. due to factors including but not limited to the unique site design requirements or physical site constraints such as sensitive areas or utility easements; or b. one or more of the criteria would not be furthered or would be impaired by compliance with the maximum setback; or c. any function of the use which serves the public health, safety or welfare would be materially impaired by the required setback. jEditor's Note: Pedestrian features are required already. Docket issue of maximum setbacks given the flexibility in modification. Have maximum setbacks been achieved?1 1724. The following height requests may be made: APPLICABLE ZONE HEIGHT CHANGE CONDITIONAL USE REQUEST PERMIT TYPE CN • Exceed height by less than 20 AD feet • Exceed height by more than 20 H feet — CS • Exceed height of 50 feet AD • Exceed height of 45 feet when H abutting R-8 or R-10 zone _ — CA • Exceed height of 50 feet H In consideration of a request for conditional use permit for additional building height the Reviewing Official 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: Proximity of arterial streets which have sufficient capacity to accommodate traffic generated by the development. Developments are encouraged to locate in areas served by transit. NIS 4-2_Dev_Std_TablesREV_SHORT_DEC.doc 4-2-156 December 11, 2001 4-2-120C b. Comprehensive Plan: The proposed 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 regulation of the City. (Ord. 4404, 6-7-1993) c. Effect on Adjacent Properties: Buildings height shall not result in substantial or undue adverse effects on adjacent property. When a building in excess of the maximum height is proposed adjacent to or abuts a lot designated R-1, R-5, R-8, R-10, R-14 or RM-I, then the setbacks shall be equivalent to the requirements of the adjacent residential zone if the setback standards exceed the requirements of the Commercial Zone. (Ord. 4593, 4- 1-1996) (Editor's Note: Moves Use Table Miscellaneous Uses to Development Standards Table and interprets unclear procedures for height in CS and CA. Docket — determine appropriate process for height variations for consistency.] 1822. Heights may exceed the maximum height under Hearing Examiner conditional use permit. (Editor's Note: Docket—determine appropriate process for height variations for consistency] 23. Exceptions: Eaves and cornices may extend over the required side yard for a distance of not line. (Ord. 1905, 8-15- 1961) (Editor's Note: Consolidated with Note 19 as newly numbered, and eave projection standardized with residential allowances.] 21. These areas should not be dispersed throughout a site, but should be aggregated in one portion 0 ee►tiuous. (Editor's Note: Added into Table to minimize need to review notes since it applies to several zones.] 1925. Allowed Projections into Setbacks: Eaves, cornices, Ssteps, porches, ``ft.- and decks having no roof covering and being not over 42" high may be built within a front setbackyard. Eaves and cornices may project up to 24" into any required setback. Accessory buildings when erected so that the entire building is within a distance of 30' from the rear lot line may also occupy the side setback of an inside lot line. Where below-grade structures are permitted to have zero front yard/street setbacks, structural footings may minimally encroach into the public right-of-way, subject to approval of the Board of Public Works (see chapter 2-3 RMC, Board of Public Works). (Amd. Ord. 4854, 8-14-2000) (Editor's Note: Combined with former Condition 23. Provisions made consistent with residential zones. Eaves and cornices in a typical building would be higher than 42", and the concern is the length of their projection into the setback. Docket—issue of accessory structures in Commercial and Industrial Zones.] 0 further, that no new buildings be required to set baacL iv�c re than 35' frem the „t eet li in the R 2o�c tedas to recluse a required fit-yard to less than 10' in depth. (Ord. 1472, 2 18 1953) (Editor's Note: Language appears to be a carry-over from an old code.] 2027. Includes principal arterials as defined in the aArterial sStreet map of the City's Plan. Arterial Streets within the Central Business District — bounded by the Cedar River, FAI 405 Freeway, South 4th Street, Shattuck Avenue South, South Second Street, and Logan Avenue South — shall be exempt from this setback requirement. (Editor's Note: Made consistent with arterial classes referenced in the TIP and administrative '```o, determination.] 4-2_Dev_Std_TablesREV_SHORT_DEC.doc 4-2-157 December 11, 2001 4-2-120C ,4100 having a "P" suffix designation. Where these standards conflict with those generally-applicable, a. Publicly owned structures housing such uses shall be permitted an additional 15' in height above that otherwise permitted in the Zone if "pitched roofs", as defined herein, EA—rust—toes, b. In addition, in zones where the maximum permitted building height is less than 75', the street level unless such setbacks are otherwise discouraged (e.g., inside the (ii) When abutting a common property line, 1 additional foot of height for each , ° ., 'Editor's Note: Apply 22 as newly numbered instead. CD, CO, COR, eliminate note since zones allow ample height already.) Nol 212,g. Except with approved master Level II site plans. 'Editor's Note: Use new terminology. Docket— issue of consistency in procedures to review variations.) 2230. "Public Suffix" (P) properties designation are allowed subject to the following Height bonus: Publicly owned structures housing-Gush-uses shall be permitted an additional 15' in height above that otherwise permitted in the Zone if "pitched roofs", as defined herein, are used for at least 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 75', the maximum height of a publicly owned structure may be increased as follows, up to a maximum height of 75'to the highest point of the building: a. When abutting a public street, 1 additional foot of height for each additional 1-1/2' of perimeter building setback beyond the minimum street setback required at street level unless such setbacks are otherwise discouraged (e.g., inside the Downtown Core Area in the CD Zone); and b. When abutting a common property line, 1 additional foot of height for each additional 2' of perimeter building setback beyond the minimum required along a common property line; and c. On lots 4 acres or greater, 5 additional feet of height for every 1% reduction below a 20% maximum lot area coverage by buildings 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. Nto 4-2_Dev_Std_TablesREV_SHORT_DEC.doc 4-2-158 December 11, 2001 4-2-120C 'Editor's Note: Minor edits for streamlining. "Public Use" requirement added to left-hand column description.) provision in order to provide reasonable access to the property. 'Editor's Note: Essentially repeats Note 5 as renumbered.) 32. Where included, affordable units must meet the provisions of housing element of the benefits: a. Provision of continuous pedestrian accecc to the shoreline consistent with requirements b. Provision of an additional 25' setback from the shoreline above that required by the c. Establishment of view corridors from upland boundaries of the site to the shoreline, ``ar, d. Water Related Uses. If the applicant wishes to reach these bonus objectives in a different system, a system of floor area ratios may be established for the property to be 1999) 'Editor's Note: Moved to RMC 4-9-065 to consolidate bonuses." 2333. Except for existing, legal administrative headquarters offices, pursuant to RMC 4-2-080A27517. (Ord. 4803, 10-25-1999) 'Editor's Note: Revisit when Use Table Notes are finalized.) 2434. COR 3 Zone Upper Story Setbacks: Buildings or portions of buildings which exceed 50 ft. in height which are located within 100 ft. of the 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 succeeding stories shall be 10 ft. minimum from the preceding story, applicable to each story. Also see Building Height requirements. Projects not meeting the upper story setbacks defined above may be approved through a modification process. COR 3 Zone Only: Application may be made for modification of the upper story setback standards when superior design is demonstrated pursuant to RMC 4-9-250D. For a modification to be granted, the project must also comply with the decision and design criteria stipulated in RMC 4-9-250D2 and D4. (Ord. 4802, 10-25-1999) 'Editor's Note: Consolidates Development Standards Requirements into the note to shorten Table.) 2535. Within the CD Zone, perimeter street landscape strips may utilize a mix of hard surfaces, brick, stone, textured/colored concrete, and natural landscape elements, groundcover, shrubs and trees, to provide a transition between the public streetscape and the private development, subject to Level I Site Plan Review, RMC 4-9-200B1, and the general and additional review criteria of RMC 4-9-200E1 and F1, F2, and F7. In no case shall living plant material comprise less than 30%of the required perimeter landscape strip. (Ord. 4854, 8-14-2000) 4-2_Dev_Std_TablesREV_SHORT_DEC.doc 4-2-159 December 11, 2001 4-2-120C 26. In COR 3, where the applicable Shoreline Master Program setback is less than 50 ft., the City may increase the setback up to 100% if the City determines additional setback area is needed to assure adequate public access, emergency access or other site planning or environmental considerations. [Editor's Note: Consolidates Development Standards Requirements into a note to shorten Table.' 27. COR-3 Modulation/Articulation Requirements: Buildings that are immediately adjacent to or abutting a public park, open space, or trail shall incorporate at least one of the features in items 1 through 3, and shall provide item 4: 1. Incorporate building modulation to reduce the overall bulk and mass of buildings;or 2. For each dwelling unit, provide at least one architectural projection not less than 2 ft. from the wall plane and not less than 4 ft. wide; or 3. Vertical and horizontal modulation of roof lines and facades of a minimum of 2 ft. at an interval of a minimum of 40 ft. on a building face or an equivalent standard which adds interest and quality to the project; and 4. Provide building articulation and textural variety. [Editor's Note: Consolidates Development Standards Requirements into a note to shorten Table.' 4-2_Dev_Std_TablesREV_SHORT_DEC.doc 4-2-160 December 11, 2001 a c 0 ,r d) Nt .cas N _ cv rr/ N i76 a) N C = U a) o co O NO a) or �.. . C _O rt'W `� iii N 0 N d 2 N O E <C L O Qtri- a). C C '..•r.0_ a .0 d �_ Q. _ co c� z Z z v) Q 0 0_0) CO Z v O M. O Q .3�i+s' mt C z :�'3.. a 8 i N its p W alst, way w W O U m r Z cn o0 CV s.-- '.-4 e CN O mr r Cl)or w (d$ TO .- i d . - . O;• o 0 Q L N O N L O C- C7 co O O N N Nix cu N W O Q C C0 C N d t t _ .O cc N i a)U) r 0 0 O -0LL 74 W m 0 .TCr CC ai 3 0 a) -o E> (15 et , .. z. NO ® : • .• L F.• J U COm N O 7 22 O n or .. 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'Editor's Note: Residential zones incorporated into Table.) 23. These provisions may be modified by the Reviewing Official Hearing Examiner 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. 'Editor's Note: Redundant of 2 and 6 as renumbered.1 35. Provided that a solid 6' high barrier wall is provided within the landscape strip and a maintenance agreement or easement for the landscape strip is secured. A solid barrier wall shall not be located closer than 5'to an abutting lot zoned R-1, R-5, R-8, R-10, R-14 or RM-I. 46. To construct a building or structure in excess of 50' requires a Hearing Examiner conditional use permit, unless located in the Employment Area Valley (see RMC 4-2-080.B) where an Administrative Conditional Use Process is allowed. 'Editor's Note: Use Table allows height and bulk standards to be varied by ADCUP in the EAV. Docket—determine appropriate process for consistencv.1 7. As determined by the Zoning Administrator. "Editor's Note: Refer to RMC 4-4-070.D.6 which has a map.1 58. For uses located within the Federal Aviation Administration Airport Zones designated under RMC 4-3-020, Airport Related Height and Use Restrictions, in no case shall building height exceed the maximum allowed by that Section. 69. The Reviewing Official Hearin„ Examiner may waive the sight-obscuring provision in order to provide reasonable access to the property through the site plan review process. 74-9. Areas set aside for future development on a lot may be hydroseeded. An adequate means of irrigation shall be provided. 'Editor's Note: Docket issue of landscaping and consistency among similar zones/circumstances.) 844. Except by approval by Administrative Conditional Use Permit in the Employment Area Valley(see RMC 4-2-080.B), or of by the Hearing Examiner Conditional Use Permit outside the Employment Area Valley. 'Editor's Note: Use Table allows bulk and height variations by ADCUP in the EAV. The amendments to this note reconcile the general allowances by HECUP with the Use Table allowance in the EAV.1 94-2. Abutting is defined as "Lots sharing common property lines". 104-3. Adjacent is defined as "Lots located across a street, railroad right-of-way, except limited access roads". 114110 4-2_Dev_Std_TablesREV_SHORT_DEC.doc 4-2-166 December 11, 2001 4-2-130B a. Height: Nti.r {i) Publicly owned structures housing such uses shall be permitted an additional 15' in height above that otherwise permitted in the Zone if "pitched roofs", as defined 0 accessory structures. (ii) In addition, in zones where the maximum permitted building height is less than building: 1 i2 „f perimetor building setback beyond the minimum street setback ; 0 when those are open and accessible to the p„blic during the day er a eek. {Ord. 4595, 4-8 1996) 'Editor's Note: Apply 13 as renumbered instead.' 114-5. Allowed Projections into Setbacks€xceptions: Eaves and cornices may extend over the required side yard setback for a distance of up to bet-mere-than 2124". Accessory buildings when erected so that the entire building is within a distance of 30'from the rear lot line may also occupy the side yard setback of an inside lot line. Steps, porches, and decks having no roof covering and being not over 42" high may be built within a front setback (Ord. 1905, 8-15-1961) 'Editor's Note: Makes provisions consistent with residential and commercial zones. Docket— issue of accessory structures in Commercial and Industrial Zones.1 " 'Editor's Note: Consolidated with Note 11 as renumbered. Eaves and cornices in a typical building would be higher than 42", and the concern is the length of their projection into the setback.l 0 'Editor's Note: Appears to be a carry-over from an old code referencing R-2 and R-3 zones.1 1248. Includes principal major or sesendary arterials as defined in the Aarterial Sstreet map of the City's Plan. Arterial streets within the Central Business District — bounded by the Cedar River, FAI 405 Freeway, South 4th Street, Shattuck Avenue South, South Second Street, and Logan Avenue South — shall be exempt from this setback requirement. 4-2_Dev_Std_TablesREV_SHORT_DEC_doc 4-2-167 December 11, 2001 4-2-130B 'Editor's Note: Made consistent with arterial classes referenced in the TIP, and administrative determinations.' 19. Exception for Community Facilities: The following development standards shall apply to all uses having a "P" suffix designation. Where these standards conflict with those generally applicable, these standards shall apply: a. Publicly owned structures housing such uses shall be permitted an additional 15' in height above that otherwise permitted in the Zone if "pitched roofs", as defined herein, are used for at least 60% or more of the Mr-List-was: (ii) When abutting a common property line, 1 additional foot of height for each GGRI-ITIO11-property-line-'r and {ill) On lots 4 acres or greater, 5 additional feet of height for every 1% reduction 'Editor's Note: *10 Apply 13 as renumbered instead.' 1320. "Public Suffix" (P) ro erties are allowed surest-to the following: Height bonus: Publicly owned structures housing--such-uses shall be permitted an additional 15' in height above that otherwise permitted in the Zone if "pitched roofs", as defined herein, are used for at least 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 75', the maximum height of a publicly owned structure may be increased as follows, up to a maximum height of 75'to the highest point of the building: a. When abutting a public street, 1 additional foot of height for each additional 1-1/2' of perimeter building setback beyond the minimum street setback required at street level unless such setbacks are otherwise discouraged (e.g., inside the Downtown Core Area in the CD Zone); b. When abutting a common property line, 1 additional foot of height for each additional 2' of perimeter building setback beyond the minimum required along a common property line; and c. On lots 4 acres or greater, 5 additional feet of height for every 1% reduction below a 20% maximum lot area coverage by buildings 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. (Ord. 4404, 6-07-1993, Amd. Ords. 4432, 4438, 4439, 4449, 4465, 4466, 4473, 4494, 4500, 4502, 4513, 4519, 4523, 4548, 4549, 4563, 4570, 4571, 4584, 4593, 4595, 4609, 4614, 4631, 4636, 4649, 4651, 4678, 4680, 4691) 'Editor's Note: Minor edits for streamlining. "Public Use" requirement added to left-hand column Nwild description.' 4-2_Dev_Std_TablesREV_SHORT_DEC.doc 4-2-168 December 11,2001 4-2-130B 21. RC, R 1, R 5, R 8, R 10, R 14, or RM. fEditor's Note: Incorporated into table where referenced.) 4-2_Dev_Std_TablesREV_SHORT_DEC.doc 4-2-169 December 11, 2001 RMC 4-3 4-3 ENVIRONMENTAL REGULATIONS AND SPECIAL OVERLAY DISTRICTS CHAPTER GUIDE: Regulations restricting or governing development of environmentally sensitive areas , including shorelines of the state,-are contained in Chapter 3. These requaltions 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 included, 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 procedures) are located in Chapters 8 and 9. JEditor's Note: Recommend adding Use Guide to the Table of Contents to assist with user understanding. Below, the Table of Contents is listed with Sections proposed for amendment italicized.' SECTION PAGE 4-3-010 ADULT RETAIL AND ENTERTAINMENT REGULATIONS A. Prohibited in Certain Areas B. Measurement Procedure C. Liability D. Violation and Civil Penalties E. Nonconforming Uses 4-3-020 AIRPORT RELATED HEIGHT AND USE RESTRICTIONS A. Approach,Transition, and Turning Zones Established B. Height Limits C. Use Restrictions D. Hazard Marking and Lighting 4-3-030(Reserved) 4-3-040 AUTO MALL IMPROVEMENT DISTRICT REGULATIONS A. Purpose B. Applicability C. Uses Permitted in Auto Mall Improvement District D. Development Standards for Uses Located within Auto Mall Improvement Districts -Areas A and B E. Potential Waiver of Street Vacation Fees for Dealerships Located within Area A F. Maps of Auto Mall Overlay Districts 4-3-050 CRITICALAREAS REGULATIONS A. Purpose B. Applicability- Critical Areas Designations/Mapping C. Applicability- Exempt, Prohibited and Nonconforming Activities D. Administration and Interpretation E. General Performance Standards, and Allowed Alterations F. Submittal Requirements and Fees G. Native Growth Protection Areas H. Aquifer Protection Flood Hazards J. Geologic Hazards 4-3-4 K. Habitat Conservation L. Shorelines, Streams and Lakes (Reserved) M. Wetlands N. Alternates, Modifications and Variances O. Appeals P. Assessment Relief-Wetlands chapter 3_amend.doc 4-3-1 December 11, 2001 RMC 4-3 Q. Maps R. Generic Hazardous Materials List S. Pipeline Material 4-3-060 (Reserved) 4-3-070 (Reserved) 4-3-080 PUBLIC USE/"P"SUFFIX NOTIFICATION PROCEDURES 4-3-4 A. Notice Required B. Notice Content C. Meeting Summary D. Special Development Standards 4-3-090 SHORELINE MASTER PROGRAM REGULATIONS A. Program Adopted B. Authentication, Record of Program C. Amendments D. Purposes and Priorities E. Regulated Water Bodies F. State of Washington Classification of Water Bodies G. Three (3) Environments Designated by City H. Natural Environment I. Conservancy Environment J. Urban Environment K. General Use Regulations for Alf Shoreline Uses L. Specific Use Regulations M. Variances and Conditional Uses N. Amendments to Shoreline Master Program O. Violations and Penalties P. Appeals 4-3-095 SUBURBAN AND NEIGHBORHOOD CENTER RESIDENTIAL BONUS DISTRICT 4-3-5 A. Purpose B. Applicability C. Uses Permitted in Centers Residential Demonstration District D. Special Development Standards for Residential Uses and Residential/Commercial Uses Located within the Centers Residential Demonstration District E. Modification Procedure 4-3-100 URBAN CENTER DESIGN OVERLAY REGULATIONS A. Purpose B. Applicability C. Administration D. Building Siting and Design E. Parking, Access, and Circulation F. Landscaping/Recreation/Common Space G. Building Architectural Design H. Appeals 4-3-105 WATERSHED PROTECTION REGULATIONS—SPRINGBROOK WATERSHED A. Purpose and Applicability B. Legal Description of Springbrook Watershed Boundary C. Map of Springbrook Watershed Boundary ,4110 D. Prohibited Uses chapter 3_amend.doc 4-3-2 December 11, 2001 RMC 4-3 E. Special Sewer and Stormwater Standards F. Violations and Penalties 4-3-110 (Reserved) 4-3-120 (Reserved)SUBURBAN AND NEIGHBORHOOD CENTER RESIDENTIAL DEMONSTRATION DISTRICT 4-3-8 A. Purpose B. Applicability C. Uses Permitted in Centers Residential Demonstration District E. Modification Procedure 4-3-130 VIOLATIONS OF THIS CHAPTER AND PENALTIES A. Enforcement Officer B. Penalties for Violation C. Tests chapter 3_amend.doc 4-3-3 December 11, 2001 RMC 4-3 4-3 ENVIRONMENTAL REGULATIONS AND SPECIAL OVERLAY DISTRICTS 4-3-050 CRITICAL AREAS REGULATIONS: J. GEOLOGIC HAZARDS: 3. Independent Secondary Review: a. Required - Sensitive and Protected Slopes, and Medium, High, or Very High Landslide Hazards: All geotechnical reports submitted in accordance with subsection J2 of this Section, Special Studies Required, and chapter 4-8 RMC, Permits -General and Docision&Appeals, shall be independently reviewed by qualified specialists selected by the City, at the applicant's expense. An applicant may request that independent review be waived by the Department Administrator in accordance with subsection D4b, Review Authority- Geologic Hazards, Habitat Conservation, Shorelines, Streams and Lakes, and Wetlands. O. APPEALS: 1. General: See RMC 4-1-8-050 070 (Roles Authority and Responsibilities) and RMC 4-8-110 (Appeals). (Amd. Ord. 4851, 8-7-2000) 4-3-080 PUBLIC USE/"P" SUFFIX NOTIFICATION PROCEDURES: A. NOTICE REQUIRED: The owner of any property designated with a "P" suffix shall be required to give written notice to the owners of all property within a three hundred foot (300') radius of the site involved, as well as all residents and/or businesses within a three hundred foot (300') radius of the site or facility, at least sixty(60) days in advance of any of the following: 1. A proposed change of use of the premises; 2. A proposed change of the major tenant and/or tenant group using the premises if such a change is determined by the Planning/Building/Public Works Administrator or designee to have probable major adverse impacts to the immediate surrounding area; or 3. Any proposed change of ownership of the premises. Such notice shall not be required if the proposed change has been identified in a Master Level II Site Plan adopted pursuant to the Master Site Plan OrdinanceReview regulations in RMC 4-9. The notice shall also invite these neighborhood property owners, residents and/or business persons to attend an informational meeting in the area, hosted by the owner of the property or their representative. (Ord. 4523, 6-5-1995) B. NOTICE CONTENT: The notices shall indicate that a summary of the meeting shall occur be prepared by the owner or owner's agent at least thirty (30) days in advance of any of the above three (3) actions in Subsection A, Notice Required. At least fourteen (14) days in advance of the information meeting the owner. agency., or organization hosting the meeting shall give general notice of it-the meeting in a local newspaper having broad circulation in the area. This meeting is intended to explain the proposed changes and invite citizen input. chapter 3_amend.doc 4-3-4 December 11, 2001 RMC 4-3 C. MEETING SUMMARY: A summary of the meeting shall be compiled and circulatedmailed within seven (7) days of the meeting to the Development Services Division and to all in attendance who requests in writing; to receive the summary as well as parties that do not attend the meeting but request in writing to receive the summary in response to the above referenced notices. In addition, the DepartmentDevelopment Services Division shall receive and keep the summary of the meeting in its preapplication files for future reference. D. SPECIAL DEVELOPMENT ST ND RDSHEIGHT ALLOWANCES FOR PUBLICLY-OWNED STRUCTURES: Any use-sepublicly-owned structures on property designated with a "P" suffix shall be allowed to develop pursuant to the special development standard height exceptions for such uses contained in RMC 4-2- 110D, Condition 1-39, 4-2-110H, Condition 2621, 4-2-120C, Condition 2622, or 4-2-130B, Condition 4-413, as well as under the master Level II&Site pPlan Review regulations. (Ord. 4523, 6-5-1995) 'Editor's Note: Verify numbering when Title 4 edits are complete.' 'Editor's Note: Changes above provide minimum clarifications of procedures. Propose to docket P-Suffix procedures to clarify change of use that triggers public notice.' 4-3-095 SUBURBAN AND NEIGHBORHOOD CENTER RESIDENTIAL BONUS DISTRICT: 'Editor's Note: Moved from RMC 4-3-120 to place in alphabetical order and retitled for greater clarity.' A. PURPOSE: These regulations are intended to ensure high quality residential developments within the Center Suburban and Center Neighborhood Zoning Districts. The intent is to require superior residential projects which complement commercial uses. provide first floor commercial activity along arterials, and provide a transition between intensive commercial areas and surrounding single family neighborhoods. B. APPLICABILITY: This section applies to all residential development and mixed commercial/residential development proposed within the following districts. 1. Centers Residential Demonstration District A: That area depicted in subsections B3a, B3b, and B3c of this Section within one hundred fifty feet (150') of the public right-of- ways of Sunset Blvd. NE and NE 4th St. within the Suburban Center and Neighborhood Center Zoning Designations. 2. Centers Residential Demonstration District B: That area depicted in subsections B3a, B3b, and B3c of this Section beginning one hundred fifty feet (150') from the public rights-of-way of Sunset Blvd. NE and NE 4th St. within the Suburban Center and Neighborhood Center Zoning Designations. 3. Centers Residential Demonstration District Maps: 'Editor's Note: Graphics in codified version.' This figure is a graphic representation, not guaranteed to survey accuracy. To find the district(s) applicable to a specific parcel, refer to RMC 4-3-095B1 and B2. chapter 3_amend.doc 4-3-5 December 11, 2001 RMC 4-3 C. USES PERMITTED IN CENTERS RESIDENTIAL DEMONSTRATION DISTRICT: *41.00 The followinq residential uses are permitted in addition to all other nonresidential uses, existing flats/townhomes, and accessory uses permitted in the underlying zoning. -,USES ALLOWED WN DISTRIC 'A USES ALLOWED INN:DISTRICT B Flats or townhouses, when in a mixed use Detached dwelling structure that combines residential with a first floor commercial use and when located above Semi-attached dwelling, up to 4 consecutively the first floor. attached Adult family homes Townhouses, up to 4 consecutively attached Adult family homes Boarding and lodging houses Group homes II, for 6 or less Group homes II, for 7 or more Retirement residences D. SPECIAL DEVELOPMENT STANDARDS FOR RESIDENTIAL USES AND RESIDENTIAUCOMMERCIAL USES LOCATED WITHIN THE CENTERS RESIDENTIAL DEMONSTRATION DISTRICT: Nis Unless special development standards are specified below in this subsection, the development standards listed in the underlying CS and CN zoning are applicable. The modification procedure specified in subsection E of this Section may be used for residential and residential/commercial mixed use projects proposinq to exceed the development standards in this subsection. DEVELOPME ANDA-11S L t i STANI DS GENERAL ,4* Site Layout NA The applicant must demonstrate to the reviewing official that the proposed development will: a) meet standards for yards, land areas, and setbacks; b) provide access and infrastructure to serve the development equivalent to those requirements established in the subdivision regulations. Minimum Land Area per None 1,200 sq. ft. including building Dwelling Unit footprint. Within this square footage 250 sq. ft. must be developed in landscaping or private yard abutting each unit. chapter 3_amend.doc 4-3-6 December 11, 2001 RMC 4-3 ;DEVELDPIVEliTSTANDARDS =EVELOPMEIr T' AN i - t,, S 'Rto l F l� STRIG A ` 5k'°1� � d��,, LOT DIMENSIONS - - '- Minimum Lot Size None None LOT COVERAGE Maximum Lot Coverage For 65%, or up to 75 with 65% Buildings structured parking. SETBACKS _ Setbacks, General Use standards in the base zone. A 3 ft. minimum side setback is required and no projections are allowed (e.g., eaves, bay windows within the setback. Special Setbacks — Detached Not subject to maximum setback. Not subject to maximum setback. Accessory Garages Not permitted within 20 ft. of a Not permitted within 20 ft. of a public street. public street. Garages must provide a minimum 24 ft. of back out stace includin• the alle . BUILDING LIMITATIONS . 5._.__ Building Design Standards 1) Variation or modulation 1) Variation or modulation of vertical and horizontal facades of vertical and horizontal facades is required at a minimum of 2 ft. is required at a minimum of 2 ft. at an interval of a minimum of 40 at an interval of a minimum of 40 ft. on a building face. ft. on a building face. 2) Modulation of roof lines 2) Private residential entry is required. features which are designed to provide individual ground floor connection to the outside are required. Maximum Building Length No requirement 100 ft., except for retirement residences. Building Location Standards None .The relationship of the dwelling, parking and the street shall create the appearance of a single family neighborhood. Residential units and any associated commercial development within an overall development shall be connected through organization of roads, block. yards, central places, pedestrian linkages and amenity features. Front facades of structures shall address the public street, private street or court by providing: a landscaped pedestrian connection, and an entry feature facing the front yard. chapter 3_amend.doc 4-3-7 December 11, 2001 RMC 4-3 . 1`i EVEL i E bA b DE /1`L.t 1 Ml T`I TAN s ,,, D1STRIC ' �`:� e,11��, k9„ /N'D� I y fr ,n24' Garage Structure/Entry and Not permitted to open directly Not permitted to open directly Exit onto a principal arterial street. onto a principal or minor arterial street. Maximum Units per Building No requirement 4 units maximum HEIGHT Maximum Height 50 ft. 35 ft. �PAIKING —Parking Location As required in RMC 4-4-080 with As required in RMC 4-4-080 with the following additional the following additional requirements. requirements. The required number of parking Must be within an enclosed spaces for the residential units structure (detached or attached shall be provided within an garage). Garage must be located enclosed garage. The required on a different facade from the .25 quest spaces per residential main entry of the building. The unit may be surface parking. No required .25 guest spaces per more than 6 stalls may be attached residential units may be consecutively clustered without surface parking. No more than 6 an intervening landscaped area stalls may be consecutively of a minimum of 5 ft. in width by clustered without an intervening the length of the stall. Surface landscaped area of a minimum of parking not permitted within the 5 ft. in width by the length of the first 30 ft. of any street frontage. stall. Surface parking not allowed within the first 30 ft. on any street frontage. Parking must be located to the rear of the primary structure or in a detached garage with rear access. E. MODIFICATION PROCEDURE: To provide greater flexibility in meeting the purpose of the Centers Residential Demonstration District, projects not meeting the special development standards of subsection D of this Section may be approved through a modification process when superior design is demonstrated. Application may be made for modification of these development standards pursuant to RMC 4-9-250D and the decision criteria stipulated in RMC 4-9-250D2. For a modification to be granted, applicants must comply with the design criteria in RMC 4-9-250D2 and D3. (Ord. 4777, 4-19-1999) 4-3-120 (Reserved)SUBURBAN AND NEIGHBORHOOD CENTER RESIDENTIAL DEMONSTRATION-DISTRICT: 'Editor's Note: Moved to RMC 4-3-095 to place in alphabetical order, and retitled for greater clarity.l A. PURPOSE: These regulations are intended to ensure high quality residential developments within the Center chapter 3_amend.doc 4-3-8 December 11, 2001 RMC 4-3 B. APPLICABILITY: This section applies to all residential development and mixe 1. Centers Residential Demonstration District A: That area depicted in subsections 83a, B3b, Blvd. NE and NE 4th St. within the Suburban Center and Neighborhood Center Zoning Designations. and B3c of this Section beginning one hundr Designations. Centers Residential Demon tration Di trict Man This figure is a graphic representation, not guaranteed to survey accuracy. To find the districts). applicable to a specific parcel, refer to RMC 1 3 120B1 and B2. �. USES..R OAITTrEL 1 �^..,,R.�^ �tTIY_r_IAL Q.C11 ONSTRATION DISTRICT: The following residential uses are permitted in addition to all other nonresidential uses, existing flats!townhomes, and accessory uses permitted in the underlying zoning. �iEk.F��f1W n fAt itC* l�Tx7" �[,;,,piep __r t Flats or townhouses, when in a mixed use Detac# -dwelt structure that combines residential with a first Semi attached dwelling, up to 4 consecutively the first floor. attached Townhouses, up to 1 consecutively attached Boarding and lodging houses Group homes II, for 6 or less Group homes II, for 7 or more Retirement residences D. SPECIAL DEVELOPMENT STANDARDS FOR RESIDENTIAL USES AND Unless special development standards are specified below in this subsection, the development standards listed in the underlying CS and CN zoning are applicable. The modification procedure specified in proposing to exceed the development standards in this subsection. chapter 3_amend.doc 4-3-9 December 11, 2001 RMC 4-3 s � 4-Y�'� o- fi �/T a Hip, �,a 11 F lri ,� ANC-,pl y ' �,. a $'# i'.„� wr . r '4,f' • #'µJFC:TYERAL ` Site-Layout to the reviewing official that the areas, and setbacks; b) provide access and infrastructure to serve the requirements established in the Minimum Land Area per Nene 1,200 sq. ft. including building Dwelling it footprint. Within this square footage 250 sq. ft. must be developed in landscaping or LOT-DIMENSIONS - -- None None 65%, or up to 75% with 65% Buildings structured park SETBACKS Sethaoksr General standards in the base zo A 3 ft. minimum side setback is allowed (e.g., eaves, bay Not subject to maximum setback. Accessory Garages Not ormitted within 20 f+:vf a �r=-v--�rria public street. public street. Garages must provide a minimum 24 ft. of back out space including the alley. 1) Variation or modulation 1) Variation or modulation ft. on a building face. ft. on a building face. 2) Modulation of roof lines 2) Private residential entry is required. provide individual ground floor connection to the outside are required. ililaximum-Sultding-Length No requirement 100 ft., except for retirement residences. Buil None parking and the street shall family neighborhood. *44001 chapter 3_amend.doc 4-3-10 December 11, 2001 RMC 4-3 r 'r yu�'� '� � r rEC1/CI f16fitACAtT�TJEAEE'1Adf'E !'tE=#/CE 11©1111I=EciT�'Ti[#'IRAot*� : f r �n Residential units and any associated commercial development within an overall development shall be connected through organization of roads, block, yards, central places, features. Front facades of structures shall address the public street, private landscaped pedestrian connection, and an entry feature facing the front yard. Not permitted to open directly Not permitted to open directly Exit onto a principal arterial street. street. No requirement Maxi-mum-Height 50-t 35—f: Ping-Location As required in RMC 4 4 080 with the following additional the following additional requirements. requirements. The required number of parking Must be within an enclosed spaces for the residential units structure (detached or attached shall be provided within an garage). Garage must be located enclosed garage. The required on a different facade from the .25 guest spaces per residential main entry of the building. The unit may be surface parking. No required .25 guest spaces per more than 6 stalls may be attached residential units may be consecutively clustered without surface parking. No more than 6 an intervening landscaped ar a stalls may be consecutively of a minimum of 5 ft. in width by clustered without an intervening the length of the stall. Surface landscaped area of a minimum of 5 ft. in width by the length of the first 30 ft. of any street frontage. stall. Surface parking not allowed within the first 30 ft. on any street frontage. Parking must be structure or in a detached garage with rear access. E. MODIFICATION PROCEDURE: through a modification process when superior design is demonstrated. Application may be made for chapter 3_amend.doc 4-3-11 December 11, 2001 RMC 4-3 chapter 3_amend.doc 4-3-12 December 11, 2001 RMC 4-4 4-4 CITY-WIDE PROPERTY DEVELOPMENT STANDARDS CHAPTER GUIDE: Chapter 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 (a q. hobby kennel license, parking modification, routine vegetation management permit, grading, excavation and mining permits, etc. ) are located in Chapters 8 and 9. JEditor's Note: Recommend adding Use Guide to the Table of Contents to assist with user understanding. Below, the Table of Contents is listed with Sections proposed for amendment italicized.] SECTION PAGE 4-4-010 STANDARDS AND REVIEW CRITERIA FOR KEEPING ANIMALS 4-4-5 A. Purpose and Intent B. Authority C. Applicability D. Exemptions E. Prohibited Animals F. General Requirements for Keeping Animals G. Additional Requirements for Hobby Kennels (Four(4) to Eight(8)Animals) H. Additional Requirements for Kennels (Nine(9) or More Animals) 1. Review Criteria for Kennels and Hobby Kennels J. Review Criteria for Boarding and Stables K. Beekeeping KL. Nonconforming Uses -LM. Violations and Penalties 4-4-020 COMPREHENSIVE PLAN IMPLEMENTATION (Reserved) 4-4-030 DEVELOPMENT GUIDELINES AND REGULATIONS—GENERAL 4-4-8 A. Intent B. Adoption by Reference C. Construction Standards D. Off-Site Improvements E. Construction of Improvements Required Prior to Permanent Occupancy Permit Issuance F. Deferral of Required Improvements G. Change of Use and New Construction Requires Certificate of Occupancy H. Use of Existing Structures During Construction of New Structures I. Habitation of Travel Trailers or Recreational Vehicles 4-4-040 FENCES AND HEDGES A. Purpose B. Applicability C. General Fence and Hedge Requirements D. Standards for Residential Uses E. Standards for Commercial, Industrial and Other Uses F. Administrative Review of Variation from Height Restrictions G. Special Administrative Fence Permits H. Compliance 4-4-050 GARAGE SALES - REQUIREMENTS FOR A. Applicability B. Conditions chapter 4_amend.doc 4-4-1 December 11, 2001 RMC 4-4 C. Violations and Penalties *1811010 4-4-060 GRADING, EXCAVATION AND MINING REGULATIONS A. Purpose B. Scope C. General D. Bond Required to Cover Costs of Rehabilitation E. Inspection F. Engineering Grading Requirements G. Regular Grading Requirements H. Work in Progress I. Surface Water J. Top and Toe Setbacks K. Cuts L. Fills M. Solid Waste Fills N. Drainage O. Slopes P. Final Reports Q. Permits and Fees 4-4-12 OR. Appeals RS. Violations and Penalties 4-4-070 LANDSCAPING 4-4-12 A. Purpose and Intent B. Applicability C. Plans Required D. General Landscape Requirements 400 E. Landscape Installation F. Deferral of Landscape Improvements G. Amended Landscaping Plan H. Maintenance 1. Damaged Landscaping J. Violation and Penalties (Deleted) 4-4-080 PARKING, LOADING AND DRIVEWAY REGULATIONS A. Purpose B. Scope of Parking, Loading and Driveway Standards C. Area Exemption for Parking - Downtown Core D. Administration E. Location of Required Parking F. Parking Lot Design Standards 4-4-14 G. Parking Lot Construction Requirements H. Landscape Maintenance Requirements I. Driveway Design Standards J. Loading Space Standards K. Modifications L. Deferral of Construction M. Appeals 4-4-090 REFUSE AND RECYCLABLES STANDARDS 4-4-16 A. Applicability B. Exemption for Single Family and Duplex Residences C. General Requirements Applicable to All Uses (Except Single Family and 2-Attached) D. Multi-Family Developments -Additional Requirements for Deposit and Collection Areas Noid chapter 4_amend.doc 4-4-2 December 11, 2001 RMC 4-4 E. Commercial, Industrial, and Other Nonresidential Developments -Additional Requirements for Deposit and Collection Areas F. Modifications G. Appeals 4-4-095 SCREENING 4-4-19 A. Purpose B. Applicability C. Surface Mounted Equipment—Multifamily and Commercial Zones D. Rooftop Equipment—Multifamily and Commercial Zones E. Outdoor Storaqe, Loading, Repair, Maintenance and Work Areas. F. Outdoor Retail Sales—CD Zone G. Variances H. Appeals 4-4-100 SIGN REGULATIONS A. Purpose B. Applicability and Authority C. Prohibited Signs and Devices D. General Requirements for Signs E. Size, Number and Height of Permanent Signs 4-4-20 F. Signs within Shoreline Areas - Special Requirements G. Special Requirements for the Public Use (P-1)Zone H. Signs within City Center-Special Requirements Signs on Public Right-of-way J. Temporary and Portable Signs K. Design and Construction Requirements for Permanent Signs -General L. Location/Insurance Requirements for Signs Projecting into Setbacks or Right-of-way M. Design Requirements for Projecting Signs N. Design Requirements for Awning, Canopy, or Marquee Signs O. Design Requirements for Electric Signs P. Inspections Q. Alternate Provisions for Material, Construction and Design R. Appeals of Administrative Decisions S. Variances T. Compliance and Confiscation of Signs 4-4-110 STORAGE FACILITIES, BULK A. Intent B. Special Review and Higher Standards Required C. Special Permit and Administration D. Development Standards E. Variances 4-4-120 STORAGE LOTS-OUTSIDE A. Screening Required B. Surfacing 4-4-130 TREE CUTTING AND LAND CLEARING REGULATIONS 4-4-21 A. Purpose B. Applicability C. Exemptions D. Prohibited Activities E. Authority and Interpretation F. Permits Required G. Routine Vegetation Management Permit Review Process chapter 4_amend.doc 4-4-3 December 11, 2001 • RMC4-4 H. Performance Standards for Land Development/Building Permits I. Variance Procedures J. Violations and Penalties 4-4-140 WIRELESS COMMUNICATION FACILITIES A. Purpose B. Goals C. Exemption for Amateur Radio, Receive Only Antennas D. Administering and Enforcing Authority E. Compliance with Telecommunications Act of 1996 F. Standards and Requirements for All Types of Wireless Communications Facilities G. Standards for Specific Types of Wireless Facilities H. Airport Restrictions - Notice To FAA I. Obsolescence J. Collocation Required K. Permit Limitations L. Alternates, Modifications, Variances M. Appeals 1V. Violations of This Chapter and Penalties_ 4-4-26 4-4-150 VIOLATIONS OF THIS CHAPTER AND PENALTIES 4-4-26 Ned Naid chapter 4_amend.doc 4-4-4 December 11, 2001 RMC 4-4 4-4 CITY-WIDE PROPERTY DEVELOPMENT STANDARDS 4-4-010 STANDARDS AND REVIEW CRITERIA FOR KEEPING ANIMALS: A. PURPOSE AND INTENT: Since the nature of growth by definition generates greater competition by both humans and animals for less available space, it is imperative that all typesgrowth and the keeping of animals be located appropriately and managed effectively to insure compatibility and harmony. In particular, animals need to be monitored to lessen the impacts of noise, odor, and potential nuisance not only on-site but more particularly to adjacent properties. Animal owners keep their animals for a variety of reasons including, but not limited to, companionship, affection and protection. In order that the keeping of animals may coexist harmoniously with those who don'tadiacent and abutting uses, some general guidelinearegulations require statement. B. AUTHORITY: 1. Responsibility: Responsibility for enforcement of the provisions of this Section shall be as follows: a. Animal Control Officer: All those matters related to care, maintenance, and individual licensing. (Ord. 3927, 7-15-1985) b. Development Services Division: All those matters concerning land use and zoning. Any doubt regarding responsibility will be administratively determined. (Ord. 3927, 7-15-1985, Amd. Ord. 4351, 5-4-1992) C. APPLICABILITY: The keeping of animals by an owner/tenant where permitted in the zoning districts shall comply with the requirements of this Section. These regulations shall apply to existing and future cases where an owner/tenant is keeping animals. D. EXEMPTIONS: Household pets as defined in RMC 4-11-080 are a permitted use in all zones in the City and as such are not regulated by this Section provided they number three (3) or less. E. PROHIBITED ANIMALS: The keeping of wild or dangerous animals is prohibited.See RMC 6-6-12. fEditor's Note: Moved to RMC 6-6-12 per Planning Commission recommendation.] F. GENERAL REQUIREMENTS FOR KEEPING ANIMALS: 1. Residence: It is assumed that an animal owner either lives on the property where an animal is kept or has arranged with a tenant to care for the animal. 2. Shelter Location: Shelter shall be provided in clean structures located a minimum of twenty five feet (25') from any property line unless otherwise specified in RMC 4-4-010.G and H, Additional Requirements for Hobby Kennels (Four (4) to Eight (8) Animals), or Additional Requirements for Kennels (Nine (9) or More Animals). Private barns and stables shall be located a minimum of fifty feet (50') from any property line. All structures, corrals, feeding, exercising, training, riding or other facilities associated with commercial horse and pony boarding, riding stables, and schools shall be located a minimum of fifty feet (50')from any property line. chapter 4_amend.doc 4-4-5 December 11, 2001 RMC 4-4 3. Confinement: All animals shall be kept and maintained in a manner which confines their 44010 movement and activity to the premises of the owner/tenant. 4. Health and Safety: All animals shall be kept in such a manner so as not to create any objectionable noise, odor, or otherwise cause to annoy or become a public nuisance to the health, safety or general welfare of any person. 5. Animal Waste: Animal waste shall be properly disposed of, and any accumulated animal waste must not be stored within the shelter setback area. Steps must be taken to minimize odor and the potential for the infestation of insects or the spread of disease. Any storage of animal waste must not constitute a nuisance as defined in RMC 1-3. 6. Fencing: Electric and barbed wire fences may be used to confine animals provided the conditions of RMC 4-4-040, Fences and Hedges, are met. G. ADDITIONAL REQUIREMENTS FOR HOBBY KENNELS(FOUR (4)TO EIGHT(8) ANIMALS): 1. Fencing Required: All open-run areas shall be surrounded by a six foot (6') fence located a minimum of ten feet (10') from all property lines. 2. Waste Removal: Provision shall be made for the removal of animal and food wastes, to keep the kennel free from the infestation of insects or rodents or disease, and from obnoxious or foul odors. 3. Shelter Location: Shelter shall be provided in clean structures located only in the rear yard unless the Development Services Division, based upon information provided by an owner/tenant, determines that a side yard would be a better location for the shelter. The shelter shall be located ten feet (10') from side and rear property lines. *00 4. Hobby Kennel License: A Hobby Kennel license is required per RMC 4-9-100. H. ADDITIONAL REQUIREMENTS FOR KENNELS (NINE(9)OR MORE ANIMALS): 1. Shelter: Shelter shall be provided for animals in clean structures which shall be kept structurally sound, maintained in good repair, contain the animals, and restrict entrance of other animals. These structures, together with associated runs, shall be located a minimum of fifty feet (50') from any property line and must be located in a rear yard. 2. Food and Bedding: Suitable food and bedding shall be provided and stored in facilities adequate to provide protection against infestation or contamination by insects or rodents. Refrigeration shall be provided for the protection of perishable foods. 3. Waste Removal: Provision shall be made for the removal of animals and food wastes, bedding, and debris disposal in order to keep the kennel free from the infestation of insects, rodents, or disease and from obnoxious or foul odors. 4. Criteria for Indoor Kennel Facilities: Applicants for kennels must show that indoor facilities have a sufficient heating and cooling system to provide a moderate temperature throughout the year; a sufficient ventilation system to circulate the air; an adequate natural or artificial lighting system to allow inspection and cleaning at any time of the day and that interior wall and ceiling surfaces are constructed of materials which are resistant to the absorption of moisture and odors. 5. Criteria for Outdoor Kennel Facilities: Outdoor facilities will be constructed to provide shelter from the weather and associated elements while providing sufficient space for animal movement and exercise. Adequate drainage must be provided to prevent water buildup and subsequent damage chapter 4_amend.doc 4-4-6 December 11, 2001 RMC 4-4 and to facilitate waste removal. Adequate fences or retaining walls must be constructed to contain animals and prevent intrusion by others. 1. REVIEW CRITERIA FOR KENNELS AND HOBBY KENNELS: Special review criteria for all types of kennels to be considered by the ExamineTReviewing Official are included in RMC 4-9-100E. J. REVIEW CRITERIA FOR BOARDING AND STABLES: For associated_-uses such as kennels, commercial horse and pony boarding, riding stables, and schools the conditional use criteria of RMC 4-9-030 shall be applicable. K. BEEKEEPING 1. Minimum Setback: Hives shall be located a minimum of 25 feet from an interior lot line, with the hive(s) entrance(s) facing away from the nearest property line. Hives shall be located a minimum of one hundred feet from public and/or private rights-of-way or access easements. 2. Maintenance Standards: a. Hives shall be maintained to avoid overpopulation and minimize swarming, for example by requeening regularly, so as not to become a nuisance. b. Hives shall be marked or identified to notify visitors. [Editor's Note: Provides more regulatory guidance for beekeeping than currently established in Use Table Notes. Use Table Notes reference registration with the State, which is required in any case. State registration does not address how bees should be kept. The above standards are based on example regulations from Bellevue and Issaquah] L. NONCONFORMING USES: In cases where the keeping of animals does not comply with these regulations, the situation shall be classified as a nonconforming use. The owner/tenant shall be allowed to keep the number of animals existing at the time the Section became effective (7-15-1985). 1. Animal Replacement: Property owners/tenants who lose an animal after the effective date of this Section shall not be allowed to replace the animal with a similar type of animal. 2. Transferability: Furthermore, for the purposes of this Code, nonconforming use rights belong to a property owner and are not attached to the property and therefore are not transferable from one property owner to another with the sale of the property. (Ord. 3927, 7-15-1985) LM. VIOLATIONS AND PENALTIES: 1. Compliance with Current Code Regulations: In those situations where the keeping of animals does not comply with these regulations and the situation is not classified as a nonconforming use, then the owner shall have to comply with the Code regulations. 2. Fines: Violation of land use permits granted are subject to fines established in this Code. All other violations of police regulations shall be administered in accordance with chapter 6-6 RMC, Animals and Fowl at Large. (Ord. 3927, 7-15-1985) chapter 4_amend.doc 4-4-7 December 11, 2001 RMC 4-4 4-4-030 DEVELOPMENT GUIDELINES AND REGULATIONS—GENERAL: *41010 A. INTENT: It is the intent of this Section to provide the City, especially the Development Services Division and the Hearing Examiner, with criteria to make consistent and rational land use recommendations and decisions that (1) place the public health, safety and welfare paramount; (2) recognize property rights; (3) promote aesthetics, amenities and good design; (4) minimize incompatibility or of adjacent uses; (5) minimize pollution; (6) contain adverse impacts on-site; (7) make consistent and rational decisions and recommendations. Furthermore it is the intent of this Section to comply with the various resolutions, codes and ordinances of the City and the State Environmental Policy Act, as amended. (Ord. 3106, 1-24- 1977, Amd. Ord. 3592, 12-14-1981) B. ADOPTION BY REFERENCE: The goals, objectives and policies as set forth in the following are presently in force or as modified from time to time are hereby incorporated by reference and shall be considered as if fully set forth herein: Cedar River Master Plan (1976) Comprehensive Solid Waste Management Plan (1983) Green River Valley Plan (1984) Fire Department Master Plan (1987) Airport Master Plan King County Stormwater Management Manual (1990) Comprehensive Park, Recreation and Open Space Plan Comprehensive Water System Plan Long Range Wastewater Management Plan King County Comprehensive Housing Affordability 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 (Ord. 4527, 6-12-1995; Amd. Ord. 4835, 3-27-2000; Ord. 4851, 8-7-2000) C. CONSTRUCTION STANDARDS: 1. Haul Routes: A construction plan indicating haul routes and hours, construction hours, and a traffic control plan must be submitted to the Development Services Division for approval prior to a construction permit being issued. 2. Haul Hours: Haul hours shall be restricted to the hours between eight-thirty (8:30) a.m. and three-thirty (3:30) p.m., Monday through Friday unless otherwise approved in advance by the Development Services Division. 3. Permitted Work Hours in or Near Residential Areas: Construction activities w#is#-that require construction or building permits and wk eh-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 Activities: Single family remodel or single family 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 chapter 4_amend.doc 4-4-8 December 11, 2001 RMC 4-4 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 Nonresidential Construction Activities: Commercial, multi-family, new single family and other nonresidential construction activities shall be restricted to the hours between 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. (Ord. 4703, 2-2-1998) 4. Emergency Extensions to Permitted Work Hours: The Development Services Division Director is authorized to grant an extension of working time during an emergency. An emergency shall include but is not limited to natural and manmade disasters. (Ord. 3592, 12-14-1981, Ord. 4703, 2-2-1998) 5. Temporary Erosion Control: Temporary erosion control must be installed and maintained for the duration of the project. This work must comply with the current King County Surface Water Design Manual as adopted by the City of Renton and must be approved by the Development Services Division. 6. Hydroseeding Required: Within thirty (30) days of completion of grading work, the applicant shall hydroseed 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. Alternative measures such as mulch, sodding, or plastic covering as specified in the current King County Surface Water Management Design Manual as adopted by the City of Renton may be proposed between the dates of November 1st and March 31st of each year. The Development Services Division's approval of this work is required prior to final inspection and approval of the permit. (Ord. 4703, 2-2-1998) 7. Construction Activity Standards — Aquifer Protection Area (APA) Zones 1 and 2: The following standards shall apply to construction activities occurring in the Aaquifer Pprotection Aarea if construction vehicles will be refueled on site and/or 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 the de minimus amount specified in RMC 4-3-050C6a(ii)(1). a. Designated Person: There shall be a designated person on site during operating hours who is responsible for supervising 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: Hazardous material storage, dispensing, and refueling areas and, to the extent possible, use and handling areas shall be provided with secondary containment in accordance with RMC 4-3-050H2d(i), Secondary 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 construction 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 possible and may remain on the site in the interim only if leakage is completely contained. chapter 4_amend.doc 4-4-9 December 11, 2001 RMC 4-4 e. Flammable and Combustible Liquids — Storage and Dispensing: Storage and dispensing of flammable and combustible liquids from tanks, containers, and tank ,may 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 Supplies: Equipment and supplies adequate for the immediate clean-up of the worst case release shall be stored on the construction site in close proximity to hazardous materials. g. Unauthorized Releases: Unauthorized releases as defined in RMC 4-11-210, Definitions U, shall immediately be contained, reported, and cleaned up as required by RMC 4-9-015G, Unauthorized Releases. Contaminated soil, water, and other materials shall be disposed of according to state and local requirements. h. Application of Pesticides and Fertilizer: Application of pesticide and fertilizer 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 management statement as described in RMC 4-8-120D8, Definitions H, Hazardous Materials Management Statement, shall be submitted to and approved by the Department prior to issuance of a permit regulating construction activity in the APA. (Ord. 4851, 8-7-2000) D. OFF-SITE IMPROVEMENTS: 1. Improvements Required: Whenever a building permit is applied for under the provisions 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 thousand dollars ($50,000.00), then the person applying for such building permit shall simultaneously make application for a permit, as an integral part of such new construction or alteration thereof, for the building and installation of certain off-site improvements, including but not limited to water mains, drainage, sanitary sewer, all improvements required by the street improvement regulations and the subdivision regulations and all necessary appurtenances. Such off-site improvements (except traffic signalization systems) 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 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. 2. Design Standards: All sidewalks shall be constructed to the City standards and conform 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 Planning/Building/Public Works Department . All plans and specifications for such improvements are to be submitted at time such application for a permit is made. 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. (Ord. 4546, 7-24-1995) losif chapter 4_amend.doc 4-4-10 December 11, 2001 RMC 4-4 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 permit. No permanent occupancy permit shall be granted until all on- and off-site improvements required of the project shall be constructed and approved by the City or alternatively deferred or waived pursuant to RMC 4-9-060 or 4-9-250C. (Ord. 3483, 11-10- 80) 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 Title until a certificate of occupancy shall have been issued by the Building Inspector. 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 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 Permitting Excavation: No permit for excavation for any building shall be issued before the application has been made for certificate of occupancy. See also RMC 4-9-130, Occupancy Permits. 3. Certificate of Use Available Upon Request: 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 application for a certificate of occupancy shall be accompanied by a survey in duplicate form such as is required for a permit. (Ord. 1472, 12-18-1953) H. USE OF EXISTING STRUCTURES DURING CONSTRUCTION OF NEW STRUCTURES: 1. Conditionally Authorized: When an existing structure or use is being replaced elsewhere on a lot, the structure being replaced, if remaining during the interim, shall not be considered as countable or measurable development 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 satisfactory to the City Attorney to ensure compliance with lot coverage and other possible requirements prior to the issuance of a certificate of occupancy for the replacement structure(s), or within a reasonable period thereafter. 2. Exception for Public Owned or Operated 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 a public owned or operated use having a "P" suffix designation. (Ord. 4523, 6-5- 1995) chapter 4_amend.doc 4-4-11 December 11, 2001 RMC 4-4 I. HABITATION OF TRAVEL TRAILERS OR RECREATIONAL VEHICLES: Except as authorized in Temporary Use Permits, RMC 4-9-240, recreational vehicles or travel trailers shall not be used for habitation. fEditor's Note: Moves Prohibited Use line from Use Table (Specifically Identified Prohibited Uses") and codifies common interpretation.l 4-4-060 GRADING, EXCAVATION AND MINING REGULATIONS: Q. PERMITS AND FEES: Grading, Excavation and Mining Permits and Licenses are required per RMC 4-9-080 for major and minor activities. Submittal requirements are listed in RMC 4-8-120, Submittal Requirements — Specific to Application Type. Application fees are listed per RMC 4-1, Administration and Enforcement. fEditor's Note: Added to cross-reference permit process.l OR. APPEALS: If the applicant does not concur with the requirements 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) RS. VIOLATIONS AND PENALTIES: Penalties for any violation of any of the provisions of this Chapter shall be in accord with RMC 1-3-2, Civil Penalties. (Ord. 4351, 5-4-1992) 4-4-070 LANDSCAPING: +, A. PURPOSE AND INTENT: Landscaping requirements are established to provide minimum on-site landscaped standards necessary to maintain and protect property values and enhance the image and appearance of the City. (Amd. Ord. 4854, 8-14-2000) B. APPLICABILITY: These requirements apply to all uses except single family and two (2) family residential uses. C. PLANS REQUIRED: Site plans and landscaping plans shall be required with applications for building permits. The plan shall contain the information required by RMC 4-8-120 and must be approved for issuance of a building permit. D. GENERAL LANDSCAPE REQUIREMENTS: 1. Compliance with Zone Standards Required: See specific Zone requirements listed in chapter 4-2 RMC. 2. Parking Lot Landscaping Requirements: Parking lot landscaping requirements shall be as listed in RMC 4-4-080F7. 3. Existing Plant Material: Existing trees and other vegetation on the site of a proposed development may be used where practical if the quality is equal to or better than available nursery stock. Existing desirable vegetation should be preserved where applicable. chapter 4_amend.doc 4-4-12 December 11, 2001 RMC 4-4 4. Protection of Fragile Natural Environments: Areas of fragile natural environments should be Nob"' protected from development and encroachment. 5. Preservation of Unique Features: If practicable, unique features within the site should be preserved and incorporated into the site development design (such as springs, streams, marshes, significant vegetation, rock out-croppings and significant ravines). 6. Green River Valley Landscaping Requirements: Any development in the Green River Valley shall provide a minimum of two percent (2%) of the total site for landscaping suitable for wildlife habitat. These areas should not be dispersed throughout a site. but should be aggregated in one portion of the property. Where possible, the required 2°i° landscaping for adjacent properties should be contiguous. This landscaping is in addition to any other landscaping requirements by this Section or any other regulation. The following map depicts the boundaries of this area. ]Editor's Note: Makes language consistent with language in the Development Standards Tables for the applicable zones.] [MAP IN CODIFIED VERSION.] 7. Compliance with Shorelines Master Program: Any development within the protected shorelines area shall be required to meet the standards and requirements of the City of Renton Shorelines Master Plan. 8. Slopes: Stripping of vegetative slopes where harmful erosion and run-off will occur shall be avoided. The faces of cut and fill slopes shall be developed and maintained to control against erosion. This control may consist of effective planting. The protection for the slopes shall be installed within thirty (30) days of grading completion and prior to a request for final project approval. Where 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 Public Works Department, provided that this protection is not required by the rehabilitation plan. 9. Erosion Control 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 run-off. 10. Underground Sprinkling—Irrigation System Required: Underground sprinkling irrigation systems shall be installed and maintained in all landscaped areas. The sprinkler irrigation system shall provide full water coverage of the planted areas as specified on the plan. (Ord. 3718, 3-28- 1983) E. LANDSCAPE INSTALLATION: All approved landscaping shall be completed on site before the issuance of an occupancy permit. F. DEFERRAL OF LANDSCAPE IMPROVEMENTS: Deferral of improvements, due to seasonal planting difficulties, plant shortages, or to the fact that the project is impacted by a pending public works project, may be requested pursuant to RMC 4-9-060, Deferred Improvements. G. AMENDED LANDSCAPING PLAN: The approved landscaping requirements may be modified upon request to the Development Services Division. The plans may be approved, denied or returned to the applicant with suggestions for changes that would make them acceptable. chapter 4_amend.doc 4-4-13 December 11, 2001 RMC 4-4 H. MAINTENANCE: 1. Maintenance Required: Landscaping required by this Section shall be maintained by the owner and/or occupant and shall be subject to periodic inspection by the Development Services Division. (Ord. 3988, 4-28-1986) Plantings are to be maintained in a healthy, growing condition and those dead or dying shall be replaced within six (6) months. Property owners shall keep the planting areas reasonably free of weeds and litter. 2. Failure to Maintain Landscaping: The Development Services Division Director or his designated rop es�� nta+—is authorized to notify the owner and/or his agent that any installed landscaping as required by the Development Services Division is not being adequately maintained and the specific nature of the failure to maintain. The Development Services Division shall send the property owner or his agent two (2) written notices, each with a fifteen (15) day response period. The notices shall specify specifying addre;.,what corrections shall be made. [Editor's Note: The changes reflect the actual process which is consistent with how code enforcement is conducted generally for Title 4.] I. DAMAGED LANDSCAPING: Upon request of the City, Any any landscaping required by City regulations; which is damaged must7st the request of the City, be replaced with like or better landscaping as determined by the Planning/Building/Public Works Department Administrator. (Ord. 4832, 3-6-2000) J. VIOLATION AND PENALTIES: {Deleted by Ord. 4856, 8 2 [Editor's Note: Violation and penalty language was moved to another location by prior ordinances.] 4-4-080 PARKING, LOADING AND DRIVEWAY REGULATIONS: F. PARKING LOT DESIGN STANDARDS: 10. Number of Parking Spaces Required: a. Interpretation of Standards — Minimum and Maximum Number of Spaces: In determining parking requirements, when a single number of parking spaces is required by this Code, then that number of spaces is to be interpreted as the general number of parking spaces required, representing both the minimum and the maximum number of spaces to be provided for that land use. 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 minimum requirement, and may not provide more than the maximum listed in this Code. b. Multiple Uses: When a development falls under more than one category, the parking standards for the most specific category shall apply, unless specifically stated otherwise. c. Alternatives: i. Joint Parking Agreements: Approved joint use parking agreements and the establishment of a transportation management plan (TMP) may be used as described in subsections E3 and F10c(ii) of this Section to meet a portion of these parking requirements. (Amd. Ord. 4790, 9-13-1999) NIS chapter 4_amend.doc 4-4-14 December 11, 2001 RMC 4-4 ii. Transportation Management Plans: A Transportation Management Plan (TMP) guaranteeing the required reduction in vehicle trips may be substituted in part or in whole for the parking spaces required, subject to the approval of the Planning/Building/Public Works Department. The developer may seek the assistance of the Planning/Building/Public Works Department in formulating a Transportation Management Plan. The plan must be agreed upon by both the City and the developer through a binding contract with the City of Renton. At a minimum, the Transportation Management Plan will designate the number of trips to be reduced on a daily basis, the means by which the plan is to be accomplished, an evaluation procedure, and a contingency plan if the trip reduction goal cannot be met. If the Transportation Management Plan is unsuccessful, the developer is obligated to immediately provide additional measures at the direction of the Planning/Building/Public Works Department, which may include the requirement to provide full parking as required by City standards. d. Modification: The Planning/Building/Public Works Department may authorize a modification from either the minimum or maximum parking requirements for a specific development should conditions warrant as described in RMC 4-9-250D2. When seeking a modification from the minimum or maximum parking requirements, the developer or building occupant shall provide the Planning/Building/Public Works Department with written justification for the proposed modification. e. Parking Spaces Required: Based on Land Use: Modification of these minimum or maximum standards requires written approval from the Planning/Building/Public Works Department(see RMC 4-9-250). (Ord. 4517, 5-8-1995;Amd. Ord. 4790, 9-13-1999) USE NUMBER OF REQUIRED SPACES Detached and semi-attached: 2 parking spaces per dwelling unit.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. Bed and Breakfast Houses: One off-street parking space must be provided for each guest room. The parking space must not be located in any required setback. Manufactured Mobile-homes within a Manufactured 2 parking spaces for each manufactured home Home Park: travel trailer site, plus a screened parking area shall be provided for boats. campers, travel trailers and related devices in a secluded portion of the park at a ratio of 1 screened space for each 10 lets-units Attached Dwellings: , that—cuch parking areas are-hot prohibited by the restrictive covenants approved by the City and recorded with King County. Complexes less than 50 units: None. 1 for every 15 units. JEditor's Note: Moves parking requirements from Development Standards Tables or Use Table. Delete RV parking since it is optional.) chapter 4_amend.doc 4-4-15 December 11, 2001 RMC 4-4 11. Drive-Through Service: For uses with drive-through service, vehicle queuing space shall be provided on-site, and is subject to approval by the Reviewing Official. 'Editor's Note: References vehicle stacking for drive through service. This is a short-term fix which is proposed for full consideration as a docket item." 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.'Editor's Note: Chapter 4-2 now has cross-references to this section." B. EXEMPTION FOR SINGLE FAMILY AND 2-ATTACHEDOUR1:.-EX RESIDENCES: Single family and two attachedduplex residences shall be exempt from these requirements for refuse and recyclables deposit areas. C. GENERAL REQUIREMENTS APPLICABLE TO ALL USES (EXCEPT SINGLE FAMILY AND 2- ATTACHEDDUPbEX): 1. Dimensions: Dimensions of the refuse and recyclables deposit areas shall be of sufficient width and depth to enclose containers for refuse and recyclables, and to allow easy user access. 2. Location in Setback or Landscape Areas Prohibited: Outdoor refuse and recyclables 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 50 ft. of a property zoned RC, R-1, R-5, R-8, R- 10, R-14, or RM, except by approval by the Reviewing Official through the site plan review process, or via the modification process if exempt from site plan review. [Editor's Note: Moves common provision from commercial and industrial Development Standards Tables (applied currently in CC, CN, CS, CA, CO, IL, and IM zones) into relevant section and makes it applicable to all commercial and industrial zones. Also, reference is added in the Industrial table to this recycling/refuse section generally, expanding applicability to IH (although by 4-4-090.A already appears to be applicable to full list of commercial and industrial uses/zones). List of affected zones expanded to include RC and all RM zones." 34. 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 public right-of-way. 45. Collocation Encouraged: When possible, the recyclables deposit areas and collection points shall be located adjacent to or near garbage collection areas to encourage their use. 56. Signage Required: Refuse or recyclables deposit areas shall be identified by signs not exceeding two (2) square feet. 67. Architectural Design of Deposit Areas to Be Consistent with Primary Structure: Architectural design of any structure enclosing an outdoor refuse or recyclables deposit area or any building primarily used to contain a refuse or recyclables deposit area shall be consistent with the design of the primary structure(s) on the site as determined by the Development Services Division Director. *44.1110 chapter 4_amend.doc 4-4-16 December 11, 2001 RMC 4-4 78. Screening of Deposit Areas: Garbage dumpsters, refuse compactor areas, and recycling collection areas must be fenced or screened. A six foot (6') wall or fence shall enclose any outdoor refuse or recyclables deposit 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 developments that are greater than one hundred feet (100') from residentially zoned property are exempted from this wall or fence requirement. 89. Minimum Gate Opening and Minimum 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 deposit area/collection point shall have a vertical clearance of at least fifteen feet (15'). 910. Weather Protection: Weather protection of refuse and recyclables shall be ensured by using weather-proofed containers or by providing a roof over the storage area. 1-011. Approval of Screening Detail Plan Required: A screening detail plan must be approved by the Development Services Division prior to the issuance of building or construction permits. (Ord. 4376, 11-16-1992, Amd. Ord. 4703, 2-2-1998) D. MULTI-FAMILY DEVELOPMENTS — ADDITIONAL REQUIREMENTS FOR DEPOSIT AND COLLECTION AREAS: The refuse and recyclables deposit area and collection points for multi-family residences shall be apportioned, located and designed as follows: %kw- 1. 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 areas. A total minimum area of eighty (80) square feet shall be provided for refuse and recyclables deposit areas. (Ord. 4414, 8-9-1993, Amd. Ord. 4703, 2-2-1998) 2. Minimum Number of Deposit Areas: There shall be a minimum of one refuse and recyclables deposit area/collection point for each project. There shall be at least one deposit area/collection point for every thirty(30) dwelling units. 3. 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. Location within Structures Possible: Refuse and recyclables deposit areas and collection points may be located in separate buildings/structures or outdoors. Refuse and recyclables deposit areas may be located within residential buildings, providing that they are in compliance with the Uniform Fire Code, and that collection points are easily and safely accessible to hauling trucks. 5. Maximum Distance from Building Entrance: Refuse and recyclables deposit areas and collection points shall be located no more than two hundred feet (200') from a common entrance of a residential building, allowing for easy access by residents and hauling trucks. 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 chapter 4_amend.doc 4-4-17 December 11, 2001 RMC 4-4 nonresidential developments shall be apportioned, located and designed as follows: 1. Location: Refuse and recyclables deposit areas and collection points may be allocated to a centralized area, or dispersed throughout the site, in easily accessible areas for both users and hauling trucks. 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 recyclables deposit areas and a minimum of four (4) 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. 4. Manufacturing and Other Nonresidential Developments — Minimum Size: In manufacturing and other nonresidential developments, a minimum of three (3) 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 six (6) 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. 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, the Supervisor may grant modifications may be granted for individual cases in accordance with the procedures and review criteria in RMC 4-9-250.D • 2. Will not be injurious to other property(s) in the vicinity. [Editor's Note: Recommended to consolidate permit procedures in one location. The Modification process is nearly identical in RMC 4-9-250.1 G. APPEALS: Any decisions made in the administrative process described in this Section may be appealed to the Board of Public Works within fifteen (15) days and filed, in writing, with the Board chairman or secretary. The Board of Public Works shall give substantial weight to any discretionary decision of the City rendered pursuant to this Section. (Ord. 4376, 11-16-1992, Amd. Ord. 4703, 2-2-1998) [Editor's Note: Docket—not consistent with other appeal procedures in RMC 4-8.1 chapter 4_amend.doc 4-4-18 December 11, 2001 RMC 4-4 4-4-095 SCREENING: [Editor's Note: Relocates Use Table and Development Standard Requirements into one location.] A. PURPOSE: The purpose of this section is to provide standards for mechanical equipment and outdoor service and storage areas to reduce visibility, noise. and related impacts while allowing accessibility for providers and users. B. APPLICABILITY: 1. General: The standards of this section shall apply to proposals requiring development permits. The Reviewing Official shall determine compliance with these standards concurrently with any development permit review. 2. Uses and Activities Subject to Standards: The uses and/or activities that are subject to these standards include new or replacement surface mounted equipment, rooftop equipment, outdoor storage, loading, repair, maintenance and work areas when proposed on property zoned multifamily, commercial or industrial. Specific applicability of the standards is indicated in Subsections C through F. (Editor's Note: Docket issue of what level of development triggers screening.] C. SURFACE MOUNTED EQUIPMENT—MULTI-FAMILY AND COMMERCIAL ZONES: All on-site surface mounted utility equipment shall be screened from public view. (Editor's Note: General measure now would apply in all multi-family districts instead of only R-14. Review as docket item -consider applying to single-family or industrial zones as well—define what"screened" means. ] D. ROOF-TOP EQUIPMENT — MULTI-FAMILY AND COMMERCIAL ZONES. All operating equipment located on the roof of any building shall be enclosed so as to be shielded from view, excluding telecommunications equipment. [Editor's Note: General measure would now apply in all multi-family zones, not lust R-14. Consider applying also in the Industrial Zones.] E. OUTDOOR STORAGE, LOADING, REPAIR, MAINTENANCE AND WORK AREAS: 1. Multi-Family Zones. When permitted by the underlying zone, loading areas shall be screened by a solid barrier fence or landscaping, or some combination thereof as determined by the Reviewing Official, through the site plan review process. [Editor's Note: General measure would now apply in all multi-family zones, not just R-14. Limited to loading since outdoor storage/repair not specifically allowed in residential zones.] 2. Outdoor Loading, Repair, Maintenance and Work Areas — Commercial and Industrial Zones, excluding CD and IH: When uses are permitted by the underlying zone, screening is not required, except when the subject commercial or industrial lot abuts or is adjacent to a residential-zoned lot, i.e. RC. R-1, R-5, R-8, R-10, R-14, RM, then a fence, or landscaping, or a landscaped berm, or a combination thereof is required as determined by the Reviewing Official to achieve adequate visual or acoustical screening. These provisions may be modified by the Reviewing Official through the site plan review process, or the modification process for site-plan exempt proposals, 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. [Editor's Note: Address as a docket item. Determine if provisions apply to all RM or just RM-I, and address RC zone for a complete list since some distinctions were made in Development Standards Tables notes. Also determine if appropriate to apply in CD and IH zones which currently do not require the standard although the zones address landscaping when abutting residential zones to some degree.] chapter 4_amend.doc 4-4-19 December 11, 2001 RMC 4-4 3. Outdoor Storage — Commercial or Industrial Zones. When permitted by the underlying zone, outdoor storage must be screened from adjacent or abuttinq properties and public rights-of-way. Outdoor storage uses shall provide fences, berminq, and/or landscaping as determined by the Reviewing Official to achieve adequate visual or acoustical screening. Products or materials covered by buildings with roofs but without sides shall be considered outside storage and subject to the screening provisions of this Section. Exterior sales of autos. boats and motorcycles are not considered outdoor storage. [Editor's Note: This general measure will apply to outdoor storage where it is permitted in the Use Table. Address Outdoor Storage standards as a docket item generally.] a. Special Accessory Outdoor Storage Requirements, Industrial Zones: In addition to the screening outlined in subsection "3", screening shall consist of an existing structure, a solid wall or sight-obscuring fence a minimum of six feet (6') in height up to a maximum of ten feet (10') or as required by RMC 4-4-110, Bulk Storage Facilities. Outside storage shall not be permitted in any required setback area. (Editor's Note: Moved from Use Table Note 87.] b. Special Non-Accessory Outdoor Storage Requirements, Industrial Zones: In addition to the screening outlined in subsection "c", limited to fifteen feet (15') in height or one story. [Editor's Note: Moved from Use Table Note 263.] c. Vehicle Storage Screening, CA Zone: Fencing, berminq, enclosing walls and landscaping, as determined by the Reviewing Official, sufficient to achieve substantial visual and acoustical screening, shall be provided to screen adjacent and abutting properties, public rights-of-way and limited right-of-ways. [Editor's Note: Recently adopted Vehicle Storage Screening requirements.] F. OUTDOOR RETAIL SALES — CD ZONE: Outdoor Retail Sales uses in the CD Zone must be Ned fully enclosed on all sides and screened from view of adjacent uses and abutting public streets. 'Editor's Note: Moved Note 181 from Use Notes.] G. VARIANCES: A variance to standards that are not otherwise allowed to be altered in accordance with Subsection C through F, Changes to Standards, may be sought pursuant to RMC 4-9-250. H. APPEALS: See RMC 4-8-110. 4-4-100 SIGN REGULATIONS: E. SIZE, NUMBER AND HEIGHT OF PERMANENT SIGNS: 5. Additional Signs Permitted in Commercial and Industrial Zones: Except in the City Sign Regulation Area, the following shall apply in all commercial and industrial zones: Special Requirements for Specified Secondary Uses in the Commercial Office (CO), Light Industrial (IL), Medium Industrial (IM), and Heavy Industrial (IH) Zones within One Hundred (100) Feet of a Lot Zoned R-1, R-5, R-8, R-10, R-14, and RM-I: Specified Uses—CO Zone • Retirement Residences • Eating and Drinking Establishments • Retail Sales chapter 4_amend.doc 4-4-20 December 11, 2001 RMC 4-4 • Indoor Recreation • Onsite Services • Convalescent Centers ii. Specified Uses— IL, IM, 1H Zones • Mini-Mart • Onsite Services iii. Sign Allowances for Specified Uses in Subsections E.5.i.i. and E.5.i.ii: • i—Freestanding Signs: One freestanding sign per street frontage. Freestanding signs shall be limited 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 including all sign faces. • ii—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) JEditor's Note: Docket - CO and Industrial Zone signage allowances, should these be different than the standard for these uses?1 j. Freestanding SignsSelf Storage Uses in the RM-I Zone: Signage for permitted self- storage uses in the RM-I zone shall comply with subsection E5(i) of this section except that freestanding signs shall be limited to two (2) signs or one per street frontage whichever is greater. (Ord. 4736, 8-24-1998) JEditor's Note: It appears that the title was miscodified.1 4-4-130 TREE CUTTING AND LAND CLEARING REGULATIONS: A. PURPOSE: This Section provides regulations for the clearing of land and the protection and preservation of trees and associated significant vegetation for the following purposes: 1. To preserve and enhance the City's physical and aesthetic character by minimizing indiscriminate removal or destruction of trees and ground cover; 2. To implement and further the goals and policies of the City's Comprehensive Plan for the environment, open space, wildlife habitat, vegetation, resources, surface drainage, watersheds, and economics, and promote building and site planning practices that are consistent with the City's natural topographical and vegetational features while at the same time recognizing that certain 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 reasonable enjoyment of property may require the removal of certain trees and ground cover; 3. To ensure prompt development, restoration and replanting, and effective erosion control of property during and after land clearing; 4. To promote land development practices that result in a minimal adverse disturbance to existing vegetation and soils within the City; chapter 4_amend.doc 4-4-21 December 11, 2001 RMC4-4 5. To minimize surface water and groundwater runoff and diversion, and aid in the stabilization of soil, and to minimize erosion and sedimentation, and minimize the need for additional storm drainage facilities caused by the destabilization of soils; 6. To retain clusters of trees for the abatement of noise and wind protection; 7. To recognize that trees and ground cover reduce air pollution by producing pure oxygen from carbon dioxide; 8. To preserve and enhance wildlife and habitat including streams, riparian corridors, wetlands and groves of trees. B. APPLICABILITY: The regulations of this Section apply to any developed, partially developed or undeveloped property where land development or routine vegetation management activities are undertaken. C. EXEMPTIONS: The following activities are exempt from routine vegetation management permit requirements, and may be authorized without an associated land development permit; however, the activities must be conducted in accordance with stated requirements: 1. Emergency Situations: Removal of trees and/or ground cover by the City and/or public or private utility in emergency situations involving immediate danger to life or property, substantial fire hazards, or interruption of services provided by a utility. 2. Dead, Dangerous, or Diseased Trees: Removal of dead, terminally diseased, damaged, or dangerous ground cover or trees which have been certified as such by a forester, registered110 landscape architect, or certified arborist, selection of which to be approved by the City based on the type of information required, or the City prior to their removal. 3. Maintenance Activities/Essential Tree Removal — Public or Private Utilities, Roads and Public Parks: Maintenance activities including routine vegetation management and essential tree removal for public and private utilities, road rights-of-way and easements, and 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 Environmental Policy Act and RMC 4-9-070, Environmental Review Procedures. 5. Existing and Ongoing Agricultural Activities: Clearing associated with existing and ongoing agricultural activities as defined in chapter 4-11 RMC, Definitions. 6. Commercial Nurseries or Tree Farms: Clearing or cutting of only those trees which are planted and growing on the premises of a licensed retailer or wholesaler. 7. Public Road Expansion: Expansion of public roads. 8. Site Investigative Work: Site investigative work necessary for land use application submittals such as surveys, soil logs, percolation tests, and other related activities including the use of mechanical equipment to perform site investigative work provided the work is conducted in accordance with the following requirements. a. Investigative work should not disturb any more than five percent (5%) of any protected sensitive area described in subsection D2 of this Section, Restrictions for Critical Areas, chapter 4_amend.doc 4-4-22 December 11, 2001 RMC 4-4 on the subject property. In every case impacts shall be minimized and disturbed areas restored. b. In every location where site investigative work is conducted, disturbed areas 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 D2 of this Section, Restrictions for Critical Areas. d. No site investigative work shall commence without first notifying the Director or designee in advance. 9. Allowable Minor Tree Cutting Activities:Tree cutting and associated use of mechanical equipment is permitted as follows, except as provided in subsection D2 of this Section, Restrictions for Critical Areas: a. On a developed lot or on a partially developed lot less than one-half (1/2) of an acre any number of trees may be removed; b. On a partially developed lot greater than one-half (1/2) of an acre or on an undeveloped lot provided that: No more than three (3) trees are removed in any twelve (12) month period from a property under thirty five thousand (35,000)square feet in size; and ii. No more than six (6) trees are removed in any twelve (12) month period from a property over thirty five thousand (35,000) square feet in size. iii. Rights-of-Way Unobstructed: In conducting minor tree cutting activities, rights-of- way shall not be obstructed. 10. Landscaping or Gardening Permitted: Land clearing in conformance with the provisions of subsection C9 of this Section, Allowable Tree Cutting Activities, and subsection D2, Restrictions w.. for Critical Areas, is permitted on a developed lot for purposes of landscaping or gardening. Land clearing in conformance with the provisions of subsection C9, Allowable Minor Tree Cutting Activities, and subsection D2, Restrictions for Critical Areas, is permitted on a partially developed or undeveloped lot for purposes of landscaping or gardening provided that no mechanical equipment is used. 11. Operational Mining/Quarrying: Land clearing and tree cutting associated with previously approved, operational mining and quarrying activities. 12. Modification of Existing Utilities and Streets (not otherwise exempted by RMC 4-3-05007) by Ten Percent (10%) or Less: Overbuilding (enlargement beyond existing project needs) or replacement and/or rehabilitation of existing streets, provided 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. (Ord. 4851, 8-7-2000) D. PROHIBITED ACTIVITIES: 1. Prohibited Activities: There shall be no tree cutting or land clearing on any site for the sake of preparing that site for future development unless a land development permit for the site has been approved by the City. 2. Restrictions for Critical Areas — General: No tree cutting, or land clearing, or groundcover management is permitted: a. On portions of property with identified and protected critical habitats; b. On protected slopes except as allowed in this Section or in the Critical Areas Regulation, RMC 4-3-050; or chapter 4_amend.doc 4-4-23 December 11, 2001 RMC 4-4 c. Areas classified as very high landslide hazards, except as allowed in this Section or in the Critical Areas Regulations, RMC 4-3-050. Nosii Buffer requirements shall be consistent with the critical area regulations. Tree cutting or land clearing shall be consistent with established native growth protection area requirements of RMC 4-3-050G. 3. Restrictions for Critical Areas — Routine Vegetation Management Permits: In addition to the prohibitions of subsection D2 of this Section, no tree cutting, land clearing or groundcover management, except for enhancement purposes or otherwise permitted by this Section, shall be allowed per a routine vegetation management permit in the following cases: a. In wetlands and their buffers; and b. Riparian corridors including a minimum buffer area of twenty five feet (25') from the ordinary high water mark of the creek or stream and in the two hundred foot (200') State shoreline area. 4. Restrictions for Critical Areas — Land Development Permits and Building Permits: In addition to the prohibitions of subsection D2 of this Section, no tree cutting, land clearing or groundcover management, except for enhancement purposes or otherwise permitted by this Section, shall be allowed per a land development or building permit in the following cases: a. In a wetland; and b. Within a minimum of twenty five feet (25') of the ordinary high water mark of creeks, streams, lakes and other shoreline areas or within fifteen feet (15') of the top of the bank of same, nor should any mechanical equipment operate in such areas except for the development of public parks and trail systems and enhancement activities. E. AUTHORITY AND INTERPRETATION: The City's Development Services Division Director, or his duly authorized representative, is hereby authorized and directed to interpret and enforce all the provisions of this Section. F. PERMITS REQUIRED: 1. Land Development Permit: An approved land development permit is required in order to conduct tree cutting or land clearing on any site for the sake of preparing that site for future development. 2. Permit Required for Routine Vegetation Management on Undeveloped Properties: Any person who performs routine vegetation management on undeveloped property in the City must obtain a routine vegetation management permit prior to performing such work. 3. Permit Required to Use Mechanical Equipment: Except where use of mechanical equipment is specifically listed as exempt, any person who uses mechanical equipment for routine vegetation management, land clearing, tree cutting, landscaping, or gardening on developed, partially developed or undeveloped property must obtain a routine vegetation management permit prior to performing such work. 4. Timber Stand Maintenance— Conditional Use Permit Required: While timber harvesting 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 maintenance and thinning beyond the limits allowed in subsections subsection C9 of this Section, Allowable Tree Cutting Activities, shall be considered as a conditional use permit, by the Hearing Examiner according to the following criteria in lieu of standard conditional use permit criteria: chapter 4_amend.doc 4-4-24 December 11, 2001 RMC 4-4 a. Appropriate approvals have been sought and obtained with the 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 H2, Applicability, Performance Standards, and Alternates, and H3, General Review Criteria, of this Section; and d. Thinning activities shall be limited to less than forty percent (40%) of the volume and trees. 5. Tree Cutting — Solar Access or Pasture Land: A routine vegetation management permit is required for tree cutting in greater amounts than specified under partially exempt actions in subsection C2 of this Section, Allowable Tree Cutting Activities, for any property where tree cutting is proposed without an associated land development permit. A routine vegetation management permit may be issued allowing tree cutting only in the following cases: a. For purposes of allowing solar access to existing structures; or b. To create pasture land where agricultural activities are permitted uses in the zone. Any tree cutting activities shall be the minimum necessary to accomplish the purpose, and shall be consistent with subsection D2 of this Section, Restrictions for Critical Areas. G. ROUTINE VEGETATION MANAGEMENT PERMIT REVIEW PROCESS: Permits for routine vegetation management shall be processed consistent with RMC 4-9-195, Routine Vegetation Management Permits. [Editor's Note: Moved to RMC 4-9-195 since it is a permit.1 1. Submittal: An application for a routine vegetation management permit shall be submitted to the 2. Information Required: A routine vegetation management permit application shall contain the 3. Time: The permit shall be reviewed administratively within a reasonable period of time. 4. Routine Vegeta ' order to further the intent of this Section including: a. Preserve and enhance the City's aesthetic character and maintain visual screening and buffering. b. Preserve habitat to the greatest extent feasible. c. Prevent landslides, accelerated soil creep, settlement and subsidence hazards. d. Minimize the potential for flooding, erosion, or increased turbidity, siltation or other form e— Ensure that the proposal will be consistent with subsection D2 of this Section, by the Development Services Division for a period of one y extension. chapter 4_amend.doc 4-4-25 December 11, 2001 RMC 4-4 4-4-140 WIRELESS COMMUNICATION FACILITIES: N. VIOLATIONS OF—THIS-CHA,PT€R D R NA' RMC. (Ord. 1856, 8 21 2000} 4-4-150 VIOLATIONS OF THIS CHAPTER AND PENALTIES Penalties for any violations of any of the provisions of this Chapter shall be in accord with chapter 1-3 RMC. 'Editor's Note: It appears that the last section of 4-4-140 was meant to apply to the full chapter.' chapter 4_amend.doc 4-4-26 December 11, 2001 RMC 4-5 4-5 BUILDING AND FIRE PREVENTION STANDARDS CHAPTER GUIDE: Chapter 5 provides structural and design information typically required by architects, engineers, and contractors. These regulations primarily consist of the adoption and amendment of Uniform codes for building, mechanical, plumbing, electrical, fire protection, and others. Related permit processes (e.q. building fees, occupancy permits, etc. )are located in Chapters 1, 8 and 9. 'Editor's Note: Recommend adding Use Guide to the Table of Contents to assist with user understanding. Below, the Table of Contents is listed with Sections proposed for amendment italicized.] SECTION PAGE 4-5-010 ADOPTION OF STATE, NATIONAL, AND UNIFORM CODES A. Adoption by Reference B. Amendments 4-5-020 AUTHORITY A. Building Official Duty B. Fire Department Duty C. City Clerk Duty 4-5-030 MANUFACTURED/MOBILE HOME AND PARK INSTALLATION A. Construction of Manufactured or Mobile Home Parks—Permits Required B. Individual Mobile/Manufactured Home Installation 4-5-040 NATIONAL ELECTRICAL CODE A. Adoption B. Electrical Permit Required C. Additions and Amendments 4-5-050 UNIFORM BUILDING CODE A. Applicability B. Adoption C. State Amendments to Uniform Building Code D. City Amendments to Uniform Building Code E. City Amendments to Ubc Relating to Sprinkler Requirements F. Uniform Building Code Appendix Chapters Adopted G. Washington State Energy Code Adopted H. Nonresidential Energy Code Adopted 4-5-060 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS A. Adoption B. Process for Abatement 4-5-070 UNIFORM FIRE CODE AND FIRE PREVENTION REGULATIONS A. Purpose B. Adoption of Uniform Fire Code and Standards C. Additions and Amendments to Uniform Fire Code D. Fire Hydrants 4-5-080 UNIFORM HOUSING CODE A. Adoption B. City Amendments to Certain Uniform Housing Code Procedures 4-5-090 UNIFORM MECHANICAL CODE chapter 5_amend.doc 4-5-1 December 11, 2001 RMC 4-5 A. Adoption B. Board of Appeals 4-5-100 UNIFORM PLUMBING CODE A. Adoption B. State Amendments to Uniform Plumbing Code C. City Amendments to Uniform Plumbing Code 4-5-110 UNIFORM SWIMMING POOL CODE A. Adoption B. City Amendments to Uniform Swimming Pool Code C. Fencing Required Around Pools and Spas D. Modifications E. Setbacks trom Property Lines F. Supervision Required for Outdoor Pools G. Board of Appeals 4-5-120 UNDERGROUND STORAGE TANK SECONDARY CONTAINMENT REGULATIONS A. Purpose B. Intent C. Compliance with Uniform Fire Code Required D. Applicability E. Exclusions F. Fire Chief and Fire Department Authority and Responsibility G. Definitions of Terms Used in this Section H. New Underground Storage Facilities and Monitoring Standards 1. Existing Installations and Monitoring Standards J. Permits K. Release Reporting Requirements L. Closure Requirements M. Variances N. Violations of this Chapter and Penalties 4-5-3 ON. Appeals 4-5-130 VIOLATIONS OF THIS CHAPTER AND PENALTIES 4-5-3 • chapter 5_amend.doc 4-5-2 December 11, 2001 RMC 4-5 4-5 BUILDING AND FIRE PREVENTION STANDARDS 4-5-120 UNDERGROUND STORAGE TANK SECONDARY CONTAINMENT REGULATIONS N. VIOL ATIONS OF THIS CHAPTER AND PENn�.,� I-E& RMC. ON. APPEALS: Appeals shall be filed as stipulated in RMC 4-8-110. 4-5-130 VIOLATIONS OF THIS CHAPTER AND PENALTIES: Penalties for any violations of any of the provisions of this Chapter shall be in accord with chapter 1-3 RMC. chapter 5_amend.doc 4-5-3 December 11, 2001 RMC 4-6 4-6 STREET AND UTILITY STANDARDS CHAPTER GUIDE: The development related requirements for water, sewer, storm drainage and street construction are contained in Chapter 6. Fee-related information for developers and builders (i.e. utiltity fees, including system charges) is found in Chapter 1. Permit application submittal and review requirements (e.q. public works permits, etc. ) are also located in Chapter 8. Non-development related utility and street requaltions (e.g. monthly storm water service fees or garbage collection procedures, and others)are found in Title 8 or 9. 'Editor's Note: Recommend adding Use Guide to the Table of Contents to assist with user understanding. No sections are proposed for amendment in Chapter 6.1 4-6-010 GENERAL STANDARDS APPLICABLE TO DEVELOPER EXTENSIONS TO THE UTILITY SYSTEM A. Conditions and Standards for Constructing Utility Extensions B. Mains to Extend Full Width of Property C. Oversizing of Utilities and Reimbursement by City 4-6-020 CROSS CONNECTION CONTROL STANDARDS A. Purpose B. Applicability C. Authority D. Installation of Backflow Prevention Assemblies E. Types of Backflow Prevention Assemblies Required F. Responsibilities of Owner and Utility 4-6-030 DRAINAGE (SURFACE WATER) STANDARDS A. Purpose B. Administering and Enforcing Authority C. Submission of Drainage Plans D. Development Restrictions in Critical Flood, Drainage and/or Erosion Areas E. Drainage Plan Requirements and Methods of Analysis F. Drainage Plan Design Criteria, Drafting Standards and Contents G. Review and Approval of Plan H. Bonds and Liability Insurance Required City Assumption of Maintenance J. Retroactivity Relating to City Maintenance of Subdivision Facilities K. Drainage Plan Review Procedures L. Alternate Provisions for Material, Construction and Design M. Modifications of Code Requirements N. Violations and Penalties 4-6-040 SANITARY SEWER STANDARDS A. Connection to City Sewer Required B. Responsibility for Sewer Management Facilities C. Service Outside of City D. Use of Septic Tanks, Privies or Cesspools E. Permit Required for Connection to City Sewer F. Public Sewer Standards G. Private (Building) Sewer Standards H. Connection of Private (Building) Sewer to Public Sewer I. Private Sewage Disposal Standards J. Additional Requirements that Apply within Zones 1 and 2 of an Aquifer Protection Area 4-6-050 STREET PLAN ADOPTED chapter 6_amend.doc 4-6-1 December 11, 2001 RMC 4-6 4-6-060 STREET STANDARDS **11100 A. Purpose B. Administering and Enforcing Authority C. Applicability D. Exemptions E. Right-of-Way Dedication Required F. Public Street and Sidewalk Design Standards G. Dead End Streets H. Alley Standards Street Lighting Standards J. Private Streets K. Shared Driveways L. Timing for Installation of Improvements M. Plan Drafting and Surveying Standards N. Review of Construction Plans O. Inspections P. Construction Bond Required Q. Latecomer's Agreements R. Variations from Standards S. Deferral of Improvement Installation T. Appeals U. Violations And Penalties 4-6-070 TRANSPORTATION CONCURRENCY REQUIREMENTS A. Authority and Purpose B. Definitions of Terms Used In This Section C. Applicability and Exemptions D. Concurrency Review Process NittO E. Transferability of Written Finding of Concurrency F. Expiration of Written Finding of Concurrency G. Reconsideration of Concurrency Test H. Appeal of Project Application Denial I. Concurrency Inquiry 4-6-080 WATER SERVICE STANDARDS A. Compliance Required B. Connection without Permission Prohibited C. Connection to Water Main Required D. Separate Water Service Connections Required E. Alternative Water Service Connection F. Water Use for Construction Purposes G. Supervision Required H. Private Water Pipe Requirements I. Meter Size J. Permit Required for Meter Removal or Re-Installation K. Installation of Service Prior to Completion of Street Construction 4-6-090 UTILITY LINES— UNDERGROUND INSTALLATION A. Purpose B. Applicability C. Exemptions D. Definitions of Terms Used in this Section E. Underground Service Required F. Responsibility for Conversion and/or Installation Cost G. Permits, Plans and Fees *40100 chapter 6_amend.doc 4-6-2 December 11, 2001 RMC 4-6 H. Design Standards I. Variance Procedures 4-6-100 DEFINITIONS OF TERMS USED IN THIS CHAPTER 4-6-110 VIOLATIONS OF THIS CHAPTER AND PENALTIES chapter 6_amend.doc 4-6-3 December 11, 2001 RMC 4-7 4-7 SUBDIVISION REGULATIONS CHAPTER GUIDE: Chapter 7 contains procedures and review criteria for short plats, lonq plats, and lot line adjustments. Submittal requirements can be found in Chapter 1, and fee information can be found in Chapter 8. Detailed improvement requirements, such as streets and utilties can be found in Chapter 6. jEditor's Note: Recommend adding Use Guide to the Table of Contents to assist with user understanding. Below, the Table of Contents is listed with Sections proposed for amendment italicized.) SECTION PAGE 4-7-010 TITLE, PURPOSE AND SCOPE A. Title B. Purpose C. Scope D. Conflicts with Other Codes E. State Enabling Legislation as It Applies to This Chapter 4-7-020 ADMINISTERING AUTHORITY A. Planning/Building/Public Works Department (PBPW) B. Administrator C. Hearing Examiner D. City Council 4-7-030 NOTIFICATION OF OTHER AGENCIES A. Notice to Other Jurisdictions B. Notice for State Highways 4-7-040 EXCEPTIONS A. Chapter Inapplicable • 4-7-050 GENERAL OUTLINE OF SUBDIVISION, SHORT PLAT AND LOT LINE ADJUSTMENT PROCEDURES A. Pre-Application Meeting: B. Application for Lot Line Adjustment—General Overview of Procedures: C. Application for Short Subdivision—General Overview of Procedures: D. Application for Subdivision—General Overview of Procedures: 4-7-060 DETAILED PROCEDURES FOR LOT LINE ADJUSTMENTS A. Purpose B. Principles of Acceptability C. Submittal Requirements for Lot Line Adjustments D. Fees E. Administrative Review F. Final Recording G. Transfer of Title H. Expiration Period 4-7-070 DETAILED PROCEDURES FOR SHORT SUBDIVISIONS A. Purpose B. Principles of Acceptability C. Scope D. Pre-Application Plan Review E. Submittal Requirements for Short Subdivision F. Referral to Other Departments and Agencies chapter 7_amend.doc 4-7-1 December 11, 2001 RMC 4-7 G. Public Notice H. Administrative Review I. Appeal J. Required Improvements K. Final Short Plat Map Submittal Requirements L. Filing Short Plat M. Expiration Period N. Limitations On Further Subdivision O. Administrative Guidelines 4-7-080 DETAILED PROCEDURES FOR SUBDIVISION A. Purpose B. Principles of Acceptability C. Scope D. Pre-Application Meeting Procedures E. Submittal Requirements for Preliminary Plat Application F. Preliminary Plat Meeting G. Referral to Other City Departments and Agencies H. Time Limitation for Approval or Disapproval of Plats I. Hearing Examiner Public Hearing J. Health Agency Recommendation K. City Council Action L. Expiration Date 4-7-090 PROPERTY ANNEXED TO CITY WITH PRELIMINARY PLAT APPROVAL IN COUNTY A. City Staff Review B. General Requirements and Findings C. Expiration Date D. Installation of Improvements or Bonding in Lieu of Improvements E. Final Plat Procedures 4-7-100 INSTALLATION OF IMPROVEMENTS OR BONDING IN LIEU OF IMPROVEMENTS A. Required Improvements B. Inspection, Approval and Fees C. Permits D. Final Recording E. Deferred Improvements 4-7-110 FINAL PLAT PROCEDURES A. Application B. Referral to Other Departments and Agencies C. City Council Approval D. Setting of Monuments E. Filing Final Plat F. Expiration of Plat After Council Approval 4-7-120 COMPATIBILITY WITH EXISTING LAND USE AND PLAN — GENERAL REQUIREMENTS AND MINIMUM STANDARDS A. Continuity with Improved Additions B. Conformity with Existing Plans C. Trails Plans 4-7-130 ENVIRONMENTAL CONSIDERATION — GENERAL REQUIREMENTS AND MINIMUM STANDARDS A. Purpose B. Action Not A Taking chapter 7_amend.doc 4-7-2 December 11, 2001 RMC 4-7 C. Environmental Considerations 4-7-140 PARKS AND OPEN SPACE 4-7-150 STREETS—GENERAL REQUIREMENTS AND MINIMUM STANDARDS A. Relationship to Adjoining Street System B. Street Names C. Arterials, Intersections D. Street Alignment E. Street Pattern F. Improvements Required G. Adjacent to Unplatted Acreage 4-7-160 RESIDENTIAL BLOCKS—GENERAL REQUIREMENTS AND MINIMUM STANDARDS A. Width B. Walkways 4-7-170 RESIDENTIAL LOTS—GENERAL REQUIREMENTS AND MINIMUM STANDARDS A. Arrangement B. Access Requirements C. Minimum Size D. Minimum Width E. Property Corners at Intersections F. Pipestem Lots Allowed 4-7-180 INDUSTRIAL AND COMMERCIAL BLOCKS AND LOTS — GENERAL REQUIREMENTS AND MINIMUM STANDARDS A. Property Corners at Intersections B. Lot orientation C. Lot Arrangement 4-7-190 PUBLIC USE AND SERVICE AREA — GENERAL REQUIREMENTS AND MINIMUM STANDARDS A. Easements for Utilities B. Community Assets 4-7-200 INSTALLATION OF UTILITIES—GENERAL REQUIREMENTS AND MINIMUM STANDARDS A. Sanitary Sewers 4-7-5 B. Storm Drainage C. Water System D. Underground Utilities E. Cable Tv Conduits F. Latecomer's Agreements 4-7-210 OTHER IMPROVEMENTS—GENERAL REQUIREMENTS AND MINIMUM STANDARDS A. Monuments B. Survey C. Street Signs 4-7-220 HILLSIDE SUBDIVISIONS A. Purpose B. Procedure C. Standards 4-7-230 VARIANCES A. Authority chapter 7_amend.doc 4-7-3 December 11, 2001 RMC 4-7 4-7-240 VIOLATIONS OF THIS CHAPTER AND PENALTIES chapter 7_amend.doc 4-7-4 December 11, 2001 RMC 4-7 4-7 SUBDIVISION REGULATIONS 4-7-200 INSTALLATION OF UTILITIES — GENERAL REQUIREMENTS AND MINIMUM STANDARDS: A. SANITARY SEWERS: Unless septic tanks are specifically approved by the 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. 1. R-5 Zone: No minimum density is required in the R-5 zone. However. the future development pattern and maximum densities are urban in character requiring sanitary sewers. The subdivision of land in the R-5 zone shall require provision of sewer service in accordance with these in the sewer regulations in RMC 4-6 and the subdivision regulations in RMC 4-7. 'Editor's Note: Moved concept from RMC 4-2, R-5 Zone purpose statement.) chapter 7_amend.doc 4-7-5 December 11, 2001 RMC 4-8 4-8 PERMITS— GENERAL AND D€CISIONSAPPEALS CHAPTER GUIDE: Chapter 8 implements State regulatory reform requirements for permit review, classifies permits, indicates which Responsible Official has the authority to make recommendations, decisions, or consider appeals, and lists fees and submittal requirements for all permits and decisions of the City. While Chapter 8 provides the overall review framework regarding submittal and hearinqs, Chapter 9 contains the permit-specific review proceures and criteria, such as conditional use permit, site plan review, variance, etc. Both Chapters should be reviewed in tandem. JEditor's Note: Recommend adding Use Guide to the Table of Contents to assist with user understanding. Below, the Table of Contents is listed with Sections proposed for amendment italicized.1 SECTION PAGE 4-8-010 PURPOSE AND INTENT 4-8-020 APPLICABILITY 4-8-030 EFFECT OF PERMIT 4-8-040 PERMIT PROCESSES CLASSIFIED BY TYPE 4-8-050 EXEMPTIONS FROM STATE PROCESS REQUIREMENTS A. State Authority B. Exemptions from State-Mandated 120-Day Review Process for Certain Actions Requiring More Time C. Exemptions from State Notification and Procedural Requirements for Permits Relating to Use of Public Areas/facilities D. Exemptions from State Notification and Procedural Requirements for Permit Applications Not Subject to Environmental Review 4-8-060 SUBMITTAL REQUIREMENTS - GENERAL A. Purpose B. Vesting of Application C. Application Location D. Complete Application E. Fees F. Multiple Permit Application Submittal Requirements G. Submittal Waiver Process H. Letter of Completeness 4-8-070 AUTHORITY AND RESPONSIBILITIES 4-8-3 A. Review Authority B. Specific Responsibilities C. Planning/Building/Public Works Administrator or Designee D. Board of Public Works E. Environmental Review Committee F. Board of Adjustment G. Planning Commission H. Hearing Examiner 1. City Council J. Review Authority For Multiple Permit Applications chapter 8_amend.doc 4-8-1 December 11, 2001 RMC 4-8 4-8-080 PERMIT CLASSIFICATION 4-8-7 A. Purpose *44119 B. Review Process Based upon Application Type C. Consolidated Review Process for Multiple Permit Applications D. Time Frame Based on Permit Type E. Time Frames - Maximum Permitted by State F. Exclusions from One Hundred Twenty(120) Day Time Limit G. Land Use Permit Procedures H. Review Processes 4-8-090 PUBLIC NOTICE REQUIREMENTS A. Applicability B. Notice of Development Application C. Notice of Administrative Decisions D. Notice of Public Hearing E. Notice of Hearing Examiner Decision F. Notice of City Council Decision 4-8-100 APPLICATION AND DECISION - GENERAL A. Preapplication Meeting B. Submittal of Formal Application C. Letter of Completeness D. Notices to Applicant E. Report by Development Services F. Public Hearing G. Examiner's Decision H. Expiration of Decision I. Extension J. Expiration of Large Scale or Phased Projects K. Council Action 4-8-110 APPEALS A. Scope and Purpose B. Decision Authority 4-8-8 C. General Information Applicable to All Types of Appeals D. Appeals of Administrative Decisions to Board of Public Works E. Appeals to Examiner of Administrative Decisions and Environmental Determinations F. Appeals to City Council - Procedures G. Appeals to Superior Court H. Appeals of Shoreline Permit Decisions to Shorelines Hearing Board 4-8-120 SUBMITTAL REQUIREMENTS - SPECIFIC TO APPLICATION TYPE 4-8-9 A. Table 4-8-120A- Public Works Permit Submittal Requirements B. Table 4-8-120B - Building Section Permit Submittal Requirements C. Table 4-8-120C-Land Use Permit Submittal Requirements D. Definitions of Terms Used in Submittal Requirements for Building, Planning and Public Works Permit Applications chapter 8_amend.doc 4-8-2 December 11, 2001 RMC 4-8 4-8 PERMITS - GENERAL AND DEGISION-SAPPEALS 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 record public hearings, open record appeals,the responsible official for the permit decision, and appeal bodies. B. SPECIFIC RESPONSIBILITIES: The regulation of land development is a cooperative activity including many different elected and appointed boards and City staff. The specific responsibilities of these bodies is listed as set forth in RMC 4-1-050070C through J and 4-8-080G. JEditor's Note: Section below moved from RMC 4-1 to consolidate. In comparison to RMC 4-1, H.2.e below consolidates subdivision variances with recommendation items since Hearing Examiner provides recommendation regarding underlying full subdivision applications.1 C. PLANNING/BUILDING/PUBLIC WORKS ADMINISTRATOR OR DESIGNEE: 1. Authority: The Planning/Building/Public Works Administrator or his or her designee shall review and act on the following: a. Building and qrading permits, b. Conditional approval permits for nonconforming structures, c. Conditional use permit, administrative, d. Critical area regulation alternates and modifications. e. Critical Areas Regulation administrative determinations per RMC 4-3-050D4, Review Authority, f. Modifications of the number of required parking stalls and the requirements of the parking, loading and driveway regulations, q. Interpretation of flood insurance rate map boundaries, h. Lot line adjustments, Master site plan review(individual phases), j. Minor modifications to previously approved site plan, k. Modifications to development standards in the Centers Residential Demonstration Overlay District and the Urban Center Design Overlay District, (Ord. 4777, 4-19-1999, Amd. Ord. 4802, 10-25-1999; Ord. 4821, 12-20-1999) I. Modifications of storm drainage requirements, m. Modification of Geologic Hazard Regulations for man-made slopes, n. Modifications/waivers of sewer code requirements, o. Public art exemption certificate, p. Review of business licenses for home occupations, q. Routine vegetation management permits, r. Shoreline exemptions, s. Shoreline permits, t. Short plats -four(4) or less, u. Site plan approval, administrative. v. Temporary emergency wetland permits, w. Temporary use permits, x. Variances-Administrative pursuant to RMC 4-9-250B1c, Y. Waivers of right-of-way dedication for plat. (Amd. Ord. 4777, 4-19-1999; Ord. 4835, 3-27- 2000; Ord. 4851, 8-7-2000) chapter 8_amend.doc 4-8-3 December 11, 2001 4116. RMC 4-8 D. BOARD OF PUBLIC WORKS: The Board of Public Works shall review and act on the following: 1. Waivers and deferrals of on- and off-site improvements, 2. Revocable permits for the temporary use of public right-of-way, 3. Sewer modifications, alternates, and appeals pursuant to RMC 4-9-250D and E and 4-8-110D, respectively, 4. Variances from chapter 8-7 RMC, Noise Level Regulations, (Ord. 4648, 1-6-1997) 5. Appeals of administrative decisions/determinations regarding requests for modification of storm drainage regulations, (Ord. 4342, 2-3-1992) 6. Waivers to allow a commercial or multi-family residential driveway grade of between 8% and 15%. (Ord. 4722, 5-11-1998) E. ENVIRONMENTAL REVIEW COMMITTEE: The Environmental Review Committee shall: 1. Make threshold determinations for environmental checklists, 2. Make determinations regarding whether an optional public hearing is needed for a site plan review application, (Ord. 4648, 1-6-1997) 3. Authorize circulation of draft environmental impact statements, 4. Approve and issue final environmental impact statements, 5. Approve mitigation conditions for mitigated determinations of nonsignificance and final environmental impact statements. (Ord. 4722, 5-11-1998) F. BOARD OF ADJUSTMENT: The Board of Adjustment shall review and act on the following: 1. Variances not associated with a development permit that requires review by the Hearing Examiner, provided the variance authority is not specifically given to another authority elsewhere in this Chapter, 2. Building permits submitted in conjunction with the above, (Ord. 4648, 1-6-1997) 3. Appeals Relating to Uniform Building Code Sections: Section 105, Section 110, and Section 1.18 —Alternative Materials. (Ord. 3760, 12-5-1983) 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. *44010 chapter 8_amend.doc 4-8-4 December 11, 2001 RMC4-8 2. Shoreline Master Program Amendments: Recommendations to City Council regarding Shoreline Master Program Amendments after holding public hearing. 3. Area-Wide Zoning: The Planning Commission, in conducting area land use analysis, may from time to time recommend to the City Council area-wide zonings to implement the recommended amendments to the Comprehensive 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. (Ord. 2188, 10-25-1965; Amd. Ord. 4722, 5-11-1998) H. HEARING EXAMINER: 1. Authority: The Hearing Examiner shall review and act on the following: a. Appeals of administrative decisions/determinations and ERC decisions (including, but not limited to, parking, sign, street, tree cutting/routine vegetation management standards, and Urban Center Design Overlay District regulations), excepting determinations of whether an application is a bulk storage facility which shall be appealable to the City Council, (Amd. Ord. 4821, 12-20-1999) b. Appeals relating to RMC 4-5-060, Uniform Code for the Abatement of Dangerous Buildings, c. Bulk storage special permit and variances from the bulk storage regulations, d. Conditional approval permit for nonconforming uses, e. Conditional use permit, f. Fill and grade permit, special, q. Master site plan review (overall plan) and major amendments to an overall master site plan, h. Mobile home parks, preliminary and final, Shoreline conditional use permit, j. Shoreline variance, k Short plat—five (5)to nine (9) lots, Site plan approvals requiring a public hearing, m. Special permits, n. Variances associated with a development permit that requires review by the Hearing Examiner, o. Variances from the critical areas regulations listed in RMC 4-9-250B1, (Amd. Ord. 4835, 3-27-2000) p. Variances from the land clearing and tree cutting regulations, g. Variances from the wireless communication facility development standards, r. Variances from the provisions of the subdivision regulations relating to short plats, s. Building permits submitted in conjunction with any of the above, and (Ord. 4587, 3-18- 1996) t. Interpretation: It shall be the duty of the Hearing Examiner to interpret the provisions of chapter 4-2 RMC, Land Use Districts, in such a way as to carry out the intent and purpose of the plan thereof, as shown by the maps fixing districts, accompanying 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. (Ord. 2630, 4-26-1971; Amd. Ord. 3101, 1-17-1977; Ord. 4827, 1-24-2000: Ord. 4835, 3-27-2000) 2. Recommendations: The Hearing Examiner shall hold a hearing and make recommendations to the City Council on the following: a. Rezones, site specific, in conformance with the Comprehensive Plan, b. Preliminary plats. c. Planned unit developments, chapter 8_amend.doc 4-8-5 December 11, 2001 RMC 4-8 d. Special permits requiring Council approval. e. Variances from the provisions of the subdivision regulations relating to a full subdivision. 3. Appeals: Unless otherwise specified, any decision of the Environmental Review Committee or the Planning/Building/Public Works Administrator or his or her designee in the administration of this Title shall be appealable to the Hearing Examiner as an administrative determination pursuant to RMC 4-8-110E. Appeals. (Ord. 4584. 2-12-19961 I. CITY COUNCIL: The City Council shall review and act on the following: 1. Annexations, (Ord. 4587, 3-18-1996) 2. Appeals of Hearing Examiner decisions (any appeal from a Hearing Examiner's decision, whether an appeal from an administrative determination or an original decision, shall be appealable to the City Council pursuant to RMC 4-8-110E8b), 3. Appeals of staff determinations of whether or not a proposal is considered a bulk storage facility, (Ord. 2962, 9-8-1975; Amd. Ord. 2967, 9-22-1975; Amd. Ord. 3592, 12-14-1981) 4. Comprehensive Plan map or text amendment, 5. Dedications of property for public purposes, 6. Development regulations text amendment, 7. Final plats, 8. Preliminary plats, 9. Planned unit developments, preliminary and final, 10. Release of easements, 11. Rezones with associated Comprehensive Plan amendment, 12. Rezones with associated Comprehensive Plan map or text amendment, 13. Street vacations, 14. Variances from the provisions of the subdivision regulations relating to a full subdivision, 15. Zoning Code amendments. (Ord. 4587, 3-18-1996) J. REVIEW AUTHORITY FOR MULTIPLE PERMIT APPLICATIONS: Where required permits are subject to different types of permit review procedures, then all the associated applications are subject to the highest level of review authority that applies to any of the required applications. (Ord. 4587, 3-18-1996) chapter 8_amend.doc 4-8-6 December 11, 2001 RMC 4-8 4-8-080 PERMIT CLASSIFICATION: B. REVIEW PROCESS BASED UPON APPLICATION TYPE: Subsection G of this Section lists the development 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 procedures and decision criteria are located in chapter 4-9 RMC, Procedures and Review CriteriaPermits - Specific. (Ord. 4587, 3-18-1996, Ord. 4660, 3-17-1997) C. CONSOLIDATED REVIEW PROCESS FOR MULTIPLE PERMIT APPLICATIONS: 1. Optional Process Resulting in a Single Open Record Public Hearing: An applicant may elect to have the review and decision process for required permits consolidated into a single review process. Consolidated review shall provide for only one open record hearing and no more than one closed record appeal period. An appeal of an environmental determination of significance (DS) is exempt from limits on the number of appeals. Where hearings are required for permits from other local, State, regional, or Federal agencies, the City will cooperate to the fullest extent possible with the outside agencies to hold a single joint hearing. A flowchart showing the timeline for processing a combined land use, environmental, and building permit application is included in subsection H of this Section. 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 appropriate fees, and the processing may be conducted under the consolidated review process. Where required permits are subject to different types of permit review procedures, 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 4-1 0508-070,that applies to any of the applications. G. LAND USE PERMIT PROCEDURES: LAND USE PUBLIC RECOMMEND- OPEN DECISION/ OPEN CLOSED JUDICIAL PERMITS NOTICE OF ATION RECORD ADOPTION RECORD RECORD APPEAL APPLICATION HEARING 7 APPEAL HEARING TYPE II Business Yes No No Staff HE CC SC Licenses for Home Occupations (with customer visits/deliveries) Conditional Yes No No Staff HE CC SC Approval Permit {nonconforming structures) Hobby Kennel Yes No No Staff HE CC SC License Short Plats—4 Yes No No Staff HE CC SC Lots or Less (SEPA exempt) Site Plan Yes No No Staff HE CC SC Review (administrative) �..- for Secondary chapter 8_amend.doc 4-8-7 December 11, 2001 RMC 4-8 LAND USE PUBLIC RECOMMEND- OPEN DECISION/ OPEN CLOSED JUDICIAL PERMITS NOTICE OF ATION RECORD ADOPTION RECORD RECORD APPEAL Nod APPLICATION HEARING' APPEAL HEARING Uses(SEPA exempt) Temporary Use Yes3 No No Staff CC CC SC Permits(SEPA exempt) Temporary Yes No No Staff HE CC SC Emergency Wetland Permit Variances, Yes No No Staff HE CC SC Administrative H. REVIEW PROCESSES Type II Land Use Permits Chart-Add a bullet to Type II list: • Hobby Kennel License 4-8-110 APPEALS: B. DECISION 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 judicial appeals. Where required permits are subject to different types of permit review procedures, then all the applications are subject to the highest-number procedure, as identified in RMC 4-8-080G, and highest level of review authority, as identified in RMC 4-1 0508-070, that applies to any of the applications. (Ord. 4587, 3-18- 1996, Ord. 4660, 3-17-1997) TABLE 4-8-120C LAND USE APPLICATIONS i O F .o o U x a v a c t SUBMITTAL m c REQUIREMENTS F- °- List of Surrounding Property I Owners Mailing Labels for Property I Owners Postage chapter 8_amend.doc 4-8-8 December 11, 2001 RMC 4-8 4-8-120 SUBMITTAL REQUIREMENTS—SPECIFIC TO APPLICATION TYPE: D. DEFINITION OF TERMS... 19. Definitions S: Stream and Lake Data: Stream and lake data include the following information, prepared as specified: a. Field Location: The ordinary high water mark shall be flagged in the field by a qualified consultant. The field flagging must be accompanied by a stream or lake reconnaissance report. b. Reconnaissance Report: The report shall include the following information: In addition to any submittal requirements in chapter 4-8, Permits — General and DccisionsAppeals, the site map(s) shall indicate: (1) The entire parcel of land owned by the applicant and the ordinary high water mark determined in the field; (2) Top view and typical cross-section views of the stream or lake bed, banks, and buffers to scale; (3) The vegetative cover of the stream or lake, banks, and the site identification of the dominant plant and animal species; ii. Stream or Lake Assessment: A narrative report shall be prepared to accompany the site plan which describes: (1) The vegetative cover of the stream or lake, banks, and the site, identifying the dominant plant, fish, and animal species; (2) If mitigation is proposed, a mitigation plan which includes baseline information, environmental goals and objectives, performance standards, construction plans, a monitoring program and a contingency plan; (3) If stream or lake or associated buffer changes are proposed, the applicant shall evaluate alternative methods of developing the property using the following criteria in this order: • Avoid any disturbances to the stream, lake or buffer, • Minimize any stream, lake or buffer impacts, • Compensate for any stream, lake or buffer impacts, • Restore any stream, lake or buffer area impacted or lost temporarily, and • Enhance degraded stream or lake habitat to compensate for lost functions and values; (4) Any proposed alteration of lakes or stream shall be evaluated by the Department Administrator using the above hierarchy. (Ord. 4835, 3-27-2000) chapter 8_amend.doc 4-8-9 December 11, 2001 RMC 4-9 4-9 PROCEDURES Anm REVIEW CRITERIAPERMITS - 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. Chapter 8 provides general procedural, submittal, and appeal procedures and should be read in tandem with Chapter 8. 'Editor's Note: Recommend adding Use Guide to the Table of Contents to assist with user understanding. Below. the Table of Contents is listed with Sections proposed for amendment italicized.' SECTION PAGE 4-9-010 ANNEXATION PROCEDURES (Reserved) 4-9-015 AQUIFER PROTECTION AREA PERMITS A. Purpose B. Applicability C. Exemptions -Operating and Closure Permits D. Administration E. Operating Permit F. Closure Permit G. Unauthorized Releases H. Permit Suspension or Revocation I. Appeal 4-9-020 COMPREHENSIVE PLAN ADOPTION AND AMENDMENT PROCESS A. Purpose (Reserved) B. Applicability C. Authority(Reserved) D. Timing for Amendments E. Submittal Requirements and Fees F. Public Notice and Comment Period (Reserved) G. Review Criteria H. Review Process Final Plan Action J. Concurrent Review of Rezone Proposals K. Periodic City Review of Plan Required 4-9-030 CONDITIONAL USE PERMITS A. Purpose of Conditional Use Permit and When Required B. Who May Apply C. City Authority D. Applicant's Responsibility E. Submittal Requirements and Fees F. Public Notice and Comment Period Required Prior to Administrative Decisions G. Decision Criteria H. Additional Decision Criteria for Kennels Special Decision Criteria for Wireless Communication Facilities in Lieu of Standard Criteria J. Decision and Conditions K. Conditional Use Permit to Be Combined with Site Plan Review L. Finalization (Reserved) M. Expiration and Extension N. Modifications to Approved Plan (Reserved) chapter 9_amend.doc 4-9-1 December 11, 2001 RMC 4-9 4-9-040 CONDOMINIUM CONVERSIONS Nod A. Purpose (Reserved) B. Authority C. Applicability to Conversion of Rental Units to Condominiums and Cooperatives D. Applicability to Tenants Occupying Rental Units E. Tenant Protections F. Consumer Protections G. Complaints H. Council Waiver of Requirements Violations and Penalties 4-9-050 DANGEROUS BUILDINGS-ABATEMENT OF A. Adoption by Reference B. Purpose C. Applicability D. Appeals E. Violation and Penaities 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 C. Board of Public Works Deferral of Plat Improvements or Deferral of Other On- and Off-Site Improvements Beyond Temporary Occupancy Permit 4-9-065 DENSITY BONUS REVIEW 4-9-7 A. Purpose los B. Applicability C. Review Process D. Requirements by Zone 4-9-070 ENVIRONMENTAL REVIEW PROCEDURES A. Purpose B. Applicability C. Interpretation D. General State Requirements -Adoption by Reference E. Authority for This Section F. Lead Agency Authority G. SEPA Responsible Official Authority H. Other Authority I. Categorical Exemptions J. Environmentally Sensitive Areas/Inapplicable Exemptions K. Environmental Checklist L. Threshold Determination Process M. Environmental Impact Statements (EIS) N. Reconsiderations (Reserved) O. SEPA Substantive Authority P. Using Existing Environmental Documents Q. Public Notice and Commenting Requirements R. Definitions and Interpretation of Terms S. Forms Adopted by Reference T. Appeals U. Expiration (Reserved) V. Modifications of Approved Plans (Reserved) chapter 9_amend.doc 4-9-2 December 11, 2001 RMC 4-9 4-9-080 GRADING, EXCAVATION AND MINING PERMITS AND LICENSES A. Purpose(Reserved) B. Applicability C. Exemptions D. Submittal Requirements and Fees E. Review Process for Minor Activity F. Review Process for Major Activity G. Violations and Penalties 4-9-090 HOME OCCUPATIONS A. Definition B. Purpose C. Applicability D. Prohibited Occupations E. City Business License Required F. Application and Review Procedures G. Additional Requirements for Customer Visits or Deliveries 4-9-100 HOBBY KENNEL LICENSE PROCESS 4-9-11 A. Purpose (Reserved) B. Applicability(Reserved) C. Authority and Responsibility D. Submittal Requirements and Fees E. Decision Criteria F. Period of Validity, Individual Licenses G. Violation and Penalties H. Appeal 4-9-110 MANUFACTURED AND MOBILE HOME PARKS A. Purpose B. Applicability C. Authority D. Submittal Requirements and Fees (Reserved) E. Park Review Procedures F. Deferrals G. Maintenance H. Expiration and Extension I. Modifications to Approved Plans (Reserved) J. Violation and Penalties K. Appeals 4-9-120 NONCONFORMING USES/STRUCTURES REVIEW - CONDITIONAL APPROVAL PERMITS A. Purpose of Permit B. Applicability C. Authority D. Submittal Requirements and Fees E. General Decision Criteria F. Review Criteria for Nonconforming Uses G. Review Criteria for Nonconforming Structures H. Decision Options I. Conditions of Approval J. Expiration K. Extensions (Reserved) L. Appeals chapter 9_amend.doc 4-9-3 December 11, 2001 RMC 4-9 4-9-130 OCCUPANCY PERMITS A. Purpose (Reserved) B. Applicability C. Certificate Available Upon Request D. Timing and Procedure E. Temporary Occupancy Permits 4-9-140 OPEN SPACE, AGRICULTURAL AND TIMBER LANDS; CURRENT USE ASSESSMENT A. Purpose, Applicability, and Adoption of State Rules by Reference B. Application Submittal Requirements (Reserved) C. Processing Fee D. Refund of Fee Upon Denial of Application 4-9-150 PLANNED UNIT DEVELOPMENT (PUD) REGULATIONS A. Purposes B. Applicability C. Roles and Responsibility D. Scope of Review E. Decision Criteria F. Permitted Locations G. Permitted Uses H. Minimum Site Area I. Density/Permitted Number of Dwelling Units J. Development Standards K. Procedure for Preliminary Approval of Planned Unit Developments L. Merger of Review Stages M. Final Plan Review Procedures N. Building and Occupancy Permits O. Expiration or Abandonment of a PUD P. Appeals of Examiner's Decision on a Final PUD Q. Appeal of Council Decision on Planned Unit Development R. Violations and Penalties 4-9-160 PUBLIC ART EXEMPTION PROCEDURE A. Purpose (Reserved) B. Applicability C. Criteria for Exemptions from Sign Code Requirements D. Exemption Certificate Required for Public Art E. Exemption Application Procedure F. Staff Review of Exemption Requests G. Special Arts Commission Review of Exemption Requests H. Final Authority I. Appeal 4-9-170 RAILROAD AND UTILITY LINE CONSTRUCTION PERMIT A. Purpose (Reserved) B. Applicability C. No Permit for Ordinary Repair D. Decision Criteria E. Violation and Penalties 4-9-180 REZONE PROCESS A. Purpose (Reserved) B. Ability to Apply C. Authority for Rezones Requiring a Plan Amendment NUSIO chapter 9_amend.doc 4-9-4 December 11, 2001 RMC 4-9 D. Authority for Rezones Not Requiring Plan Amendment E. Submittal Requirements and Fees F. Decision Criteria for Change of Zone Classification G. Council Review Process H. Time Limitations for Rezone Application Resubmission 4-9-195 ROUTINE VEGETATION MANAGEMENT PERMITS 4-9-12 A. Purpose B. Authority C. Applicability, Exemptions, and Prohibited Activities D. Procedures and Review Criteria E. Appeals F. Violations and Penalties 4-9-190 SHORELINE PERMITS A. Purpose(Reserved) B. Applicability(Reserved) C. Exemptions from Permit System D. Exemption Certificate Procedures E. Shoreline Permit Application Procedures F. Review Criteria 1. General 2. Additional Information 3. Procedural Amendments 4. Burden of Proof on Applicant G. Bonds H. Administrative Appeals I. Variances and Conditional Uses J. Time Requirements for Shoreline Permits K. Rulings to State L. Transferability of Permit M. Enforcement N. Rescission of Permits O. Appeals P. Violations and Penalties 4-9-200 SITE PLAN REVIEW 4-9-14 A. Purpose and Intent B. Applicability C. Exemptions D. Criteria to Determine if Public Hearing Required E. Decision Criteria for Level I and Level II Site Plans F. Additional Review Criteria for Level I Site Plans G. Site Plan Review Procedures H. Minor Adjustments to an Approved Site Plan I. Major Adjustments to an Approved Site Plan J. Timing of Building Permits K. Expiration and Extension of Site Plan Approval L. Exception to Time Limit for Level I or Level II Phased Projects M. Appeals 4-9-210 RESERVED 4-9-220 SPECIAL PERMITS A. Purpose and Authority chapter 9_amend.doc 4-9-5 December 11, 2001 RMC 4-9 B. Applicability(Reserved) C. Submittal Requirements and Fees D. Review Process and Decision Criteria E. Expiration and Extensions 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 B. Applicability(Reserved) C. Review Criteria (Reserved) 4-9-240 TEMPORARY USE PERMITS 4-9-17 A. Purpose Nuis B. Applicability(Reserved) C. Uses Which May Be Permitted D. Submittal Requirements and Application Fees E. Public Notice and Comment Period F. Waiver of Requirements and Fees G. Application Process and Review Authority H. Decision Criteria 1. Special Criteria for Temporary Manufactured Home for Medical Hardship 4J. Conditions of Approval TJK. Other Required Permits KL. Expiration and Extension 1LM. Removal of Temporary Use Required MN. Security NO. Permit Revocation 4-9-250 VARIANCES,WAIVERS, MODIFICATIONS, AND ALTERNATES A. Purposes B. Variance Procedures C. Waiver Procedures D. Modification Procedures 4-9-21 E. Alternate Procedures 4-9-260 VIOLATIONS OF THIS CHAPTER AND PENALTIES chapter 9_amend.doc 4-9-6 December 11, 2001 RMC 4-9 4-9 PROCEDURES AND RE► IEW CRITERIAPERMITS - SPECIFIC 4-9-065 DENSITY BONUS REVIEW: [Editor's Note: Section D moved from Development Standards Tables/Notes. Procedure would largely codify basic practice of reviewing density bonus with primary permit for a development.] A. PURPOSE: The purpose of the Density Bonus Review is to provide a procedure to review requests for density bonuses authorized in the Comprehensive Plan and Zoning Regulations. Density Bonuses are offered to meet the intent of the Comprehensive Plan policies, including but not limited to Land Use and Housing Element policies and the purpose and intent of the Zoning Districts. B. APPLICABILITY: 1. The Density Bonus Review is applicable in the Zones which specifically authorize density bonuses in RMC Chapter 4-2. 2. This Subsection of Chapter 4-9 contains Density Bonus Process regulations for the following zones: a. R-14: b. COR Zones 1 and 2. C. REVIEW PROCESS: 1. Concurrent Review: Density Bonus Review 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 establish the permitted density of a site, but includes a Density Bonus request, the development proposal shall be reviewed under Administrative Site Plan Review requirements. 2. Reviewing Official: The Reviewing Official for the required land use permit that establishes the permitted density and use of a site shall also determine compliance with the Density Bonus Process. 3. Submittal Requirements and Fees: An applicant shall submit applications and fees in accordance with the requirements for the primary development application per RMC 4-8. D. REQUIREMENTS BY ZONE: The following table lists the conditions under which additional density or alternative bulk standards may be achieved. ZONE BONUS ALLOWANCES/REQUIREMENTS 1. R-14 Zone a. Density and Unit Size Bonus - Purpose The bonus provisions are intended to allow greater flexibility in the implementation of the purpose of the R-14 designation. Bonus criteria encourage provision of aggregated open space and rear access parking in an effort to stimulate provision of higher amenity neighborhoods and project designs chapter 9_amend.doc 4-9-7 December 11, 2001 RMC 4-9 ZONE BONUS ALLOWANCES/REQUIREMENTS which address methods of reducing the size and bulk of structures. Applicants wishing such bonuses must demonstrate that the same or better results will occur as a result of creative design solutions that would occur with uses developed under standard criteria. b. Bonus Densities: Dwelling unit density may be increased from 14 units per net acre to a range of 15 to 18 units per net acre. Densities of greater than 18 units per net acre are prohibited. c. Bonus Dwelling Unit Mix/Arrangement: Dwelling units permitted per structure may be increased as follows: a. Dwellings Limited to 3 Attached: A maximum of 4 units per structure, with a maximum structure length of 100'. b. Dwellings Limited to 6 Attached: A maximum of 8 units per structure with a maximum structural height of 35', or 3 stories and a maximum structural length of 115'. d. Bonus Criteria: Bonuses may be achieved independently or in combination. To qualify for one or both bonuses the applicant shall provide either: a. Alley and/or rear access and parking for 50% of detached, semi attached, or townhouse units, or b. Civic uses: (i) Community meeting hall, (ii) Senior center, (iii) Recreation center, or (iv) Other similar uses as determined by the Zoning Administrator, or c. A minimum of 5% of the net developable area of the project in aggregated common open space. Common open space areas may be used for any of the following purposes: (i) Playgrounds, picnic shelters/facilities and equipment, village greens/square, trails, *10 chapter 9_amend.doc 4-9-8 December 11, 2001 RMC 4-9 ZONE BONUS ALLOWANCES/REQUIREMENTS `... corridors or natural. (ii) Structures such as kiosks, benches, fountains and maintenance equipment storage facilities are permitted provided that they serve and/or promote the use of the open space. To qualify as common open space an area must meet each of the following conditions: (i) function as a focal point for the development, (ii) have a maximum slope of 10%, (iii) have a minimum width of 25', except for trails or corridors, (iv) be located outside the right-of-way, (v) be improved for passive and/or active recreational uses, (vi) be improved with landscaping in public areas, and (vii) be maintained by the homeowners association if the property is subdivided, or by the management organization as applied to the property if the property is not subdivided. Developments which qualify for a bonus shall also incorporate a minimum of 3 features selected from the improvements options as described below: a. Architectural design which incorporates enhanced building entry features (e.g., varied design materials, arbors and/or trellises, cocheres, gabled roofs). b. Active common recreation amenities such as picnic facilities, gazebos, sports courts, recreation center, pool. spa/Jacuzzi. c. Enhanced ground plane texture or color (e.g., stamped patterned concrete, cobblestone, or brick at all building entries, courtyards, trails or sidewalks). d. Buildin• or structures incor•oratin. bonus chapter 9_amend.doc 4-9-9 December 11, 2001 RMC 4-9 ZONE BONUS ALLOWANCES/REQUIREMENTS units shall have no more than 75% of the garages on a single facade. e. Surface parking lots containing no more than 6 parking stalls separated from other parking areas by landscaping with a minimum width of 15'. f. Site design incorporating a package of at least 3 amenities which enhance neighborhood character, such as coordinated lighting (street or building), mailbox details, address and signage details, and street trees as approved by the Reviewing Official. (Amd. Ord. 4773, 3-22- 1999) 2. COR ZONES 1 AND 2 a. General Provisions Where included, affordable units must meet the provisions of housing element of the Comprehensive Plan. For COR 2, if a significant public benefit above City Code requirements can be provided for a portion of the property which may be contaminated, a transfer of density may be allowed for other portions of the site. b. COR-1 Bonus Density (Generally the Bonus in COR 1: A bonus density of not more than Stoneway Concrete Site): 5 dwelling units per acre may be allowed; provided there is a balance of height. bulk and density established through a floor area ratio system and/or a master plan to be decided at the time of site plan review. c. COR-2 Bonus Density(Generally the Port Bonus in COR 2: A bonus density of not more than Quendall Site): 2 du/acre for each provision may be allowed; provided there is a balance of height, bulk and density established addressing the following public benefits: a. Provision of continuous pedestrian access to the shoreline consistent with requirements of the Shoreline Management Act and fitting a circulation pattern within the site, b. Provision of an additional 25' setback from the shoreline above that required by the Shoreline Management Act, c. Establishment of view corridors from upland boundaries of the site to the shoreline, d. Water Related Uses. If the applicant wishes to reach these bonus Nig chapter 9_amend.doc 4-9-10 December 11, 2001 RMC 4-9 ZONE BONUS ALLOWANCES/REQUIREMENTS objectives in a different system. a system of floor area ratios may be established for the property to be determined at the time of site plan review as approved by Council. (Ord. 4773, 3-22-1999) 4-9-100 HOBBY KENNEL LICENSE PROCESS: A. PURPOSE: (Reserved) B. APPLICABILITY: (Reserved) 1. Exemptions: (Reserved) C. AUTHORITY AND RESPONSIBILITY: The Development Services Division, when satisfied that all requirements for hobby kennels are met, shall approve the issuance of the hobby kennel license. The Zoning Administrator shall provide documentation to the Finance Department that the proposed kennel complied-complies with the requirements of this Section. (Ord. 3927, 7-15-1985) D. SUBMITTAL REQUIREMENTS AND FEES: Shall be as listed in RMC 4-1-170, Land Use Review Fees, and 4-8-120C, Submittal Requirements. E. NOTIFICATION AND COMMENT PERIOD: a. Notification: Public notice shall be accomplished consistent with RMC 4-8-090 Public Notice Requirements. Property owners within three hundred feet (300') of the proposed hobby kennel property shall be notified of the application. The applicant is responsible for providing current mailing labels and postage to the Development Services Division which will then send the notification. b. 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 or designee. The Director may approve,conditionally approve or deny the proposed application. fEditor's Note: Consistent with Home Occupation Notification for Customer Visits. Will require correspondinq changes to Chapter 4-8, submittal requirements.) EF. DECISION CRITERIA: The Development Services Division Director shall review Hobby Kennel proposals for compatibility of the proposal with the surrounding neighborhood. Factors to be considered in determining such compatibility are: (Ord. 3927, 7- 15-1985) 1. The proposed location of the hobby kennel will not have an adverse effect on abutting or adjacent properties. 2. Past history of animal control complaints relating to the dogs and cats of the applicant at the address for which the hobby kennel license is applied. 3. Facility specifications/dimensions in which the dogs and cats are to be maintained. chapter 9_amend.doc 4-9-11 December 11, 2001 RMC 4-9 4. Animal size, type and characteristics of breed. 5. The zoning classification of the premises on which the hobby kennel is maintained. 6. Compliance with the requirements of RMC 4-4-010, Standards and Review Criteria for Keeping Animals, and 4-4-010.G, Additional Requirements for Hobby Kennels (Four (4) to Eight (8) Animals. G. CONDITIONS: The Development Services Division Director or designee, in reviewing a hobby kennel license application, may require soundproofing as it deems necessary to ensure the compatibility of the hobby kennel with the surrounding neighborhood. Other conditions may be applied based upon the determination of the Director or designee that conditions are warranted to meet the purpose and intent of applicable regulations and decision criteria. [Editor's Note: Concept moved from review criteria above.' - H. PERIOD OF VALIDITY, INDIVIDUAL LICENSES: This A Hobby Kennel license shall be valid as long as the operator is in compliance with the City requirements and has not had this—the Hobby Kennel license and related home occupation license revoked or renewal refused. In addition, all animals shall be individually licensed according to the regulations found in chapter 5-4 RMC, Animal Licenses. ><;l. VIOLATION AND PENALTIES: 1. Revocation of Business License: If, after conducting an investigation the Zoning Aelmth-istratefReviewing Official finds that the operation of such Hobby Kennel home occupation is in violation of the provisions of this Section and/or the terms and conditions subject thereto, he or she shall refer the findings to the City Finance and Information Services Director who may revoke the home occupation business license pursuant to RMC 5-5-3G, General Business License Penalties. 2. License — Waiting Period Following Revocation or Refusal to Renew: For a period of one year after the date of revocation or refusal to renew, licenses shall not be issued for hobby kennels to applicants who have previously had such license revoked or renewal refused. In addition, the applicant must meet the requirements of this Section or any provisions of the animal control authority. (Ord. 3927, 7-15-1985) 3. Civil Penalties: Notwithstanding the revocation powers of the Finance and Information Services Director, penalties for any violation of any of the provisions of this Section shall be in accord with RMC 1-3-2, Civil Penalties. (Ord. 4493, 1-23-1995) ICJ. APPEAL: The applicant or a citizen may appeal the decision of the Reviewing Official pursuant to RMC 4 8-110, Appeals. (Ord. 4493, 1-23-1995) 4-9-195 ROUTINE VEGETATION MANAGEMENT PERMITS: 'Editor's Note: Section moves RVMP from 4-4-130 since it is a permit.' A. PURPOSE: This Section provides a permit process for routine vegetation management implementing the Tree Cutting and Land Clearing Regulations in RMC 4-4-130 chapter 9_amend.doc 4-9-12 December 11, 2001 RMC 4-9 m... B. AUTHORITY: The City's Development Services Division Director. or his duly authorized representative. is hereby authorized and directed to interpret and enforce all the provisions of this Section. C. APPLICABILITY, EXEMPTIONS, AND PROHIBITED ACTIVITIES: 1. General Applicability: The regulations of this Section apply to any developed, partially developed or undeveloped property where routine vegetation management activities are undertaken. a. Permit Required for Routine Vegetation Management on Undeveloped Properties: Any person who performs routine vegetation management on undeveloped property in the City must obtain a routine vegetation management permit prior to performing such work. b. Permit Required to Use Mechanical Equipment: Except where use of mechanical equipment is specifically listed as exempt, any person who uses mechanical equipment for routine vegetation management, land clearing, tree cutting, landscaping, or gardening on developed, partially developed or undeveloped property must obtain a routine vegetation management permit prior to performing such work. 2. Exemptions: Refer to RMC 4-4-130.C. 3. Prohibited Activities: Refer to RMC 4-4-130.D. 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 submitted to the Development Services Division together with any necessary fees as required in chapter 4-1 RMC. 2. Information Required: A routine vegetation management permit application shall contain the information requested in RMC 4-8-120, Application Submittal Requirements. 3. Time: The permit shall be reviewed administratively within a reasonable period of time. 4. Routine Vegetation Management Permit Conditions: The routine vegetation management permit may be denied or conditioned by the City to restrict the timing and extent of activities in order to further the intent of this Section including: a. Preserve and enhance the City's aesthetic character and maintain visual screening and buffering. b. Preserve habitat to the greatest extent feasible. c. Prevent landslides, accelerated soil creep, settlement and subsidence hazards. 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 consistent with subsection 4-4-130D2, Restrictions for Critical Areas. 5. Time Limits for Routine Vegetation Management Permits: Any permit for routine vegetation management shall be valid for one year from the date of issuance. An extension may be granted by the Development Services Division 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 chapter 9_amend.doc 4-9-13 December 11, 2001 RMC 4-9 advance of the expiration of the original permit and shall include a statement of justification for the extension. E. APPEALS: Appeal of the decision to grant, grant with conditions, or deny a routine vegetation management permit shall be made consistent with RMC 4-8-110, Appeals. F. VIOLATIONS AND PENALTIES: See RMC 4-4-130.J, Violations and Penalties, and RMC 1-3-2. 4-9-200 SITE PLAN REVIEW: B. APPLICABILITY: 1. Site Plan Review, Level I: No building permit shall be issued for any use requiring Level I sSite pPlan aApproval pursuant to this Section until the €nvironmental Review—Co ttee—has the Reviewing Official has approved or approved with conditions the site plan application. All building permits issued shall be in compliance with the approved Level I site plan. Site pPlan cReview, Level I, is required for: a. All Development in Certain Zones: All development in the Industrial Light (IL), Commercial Office (CO) and Public Use (P 1) Zones-and CC, CN, CD, CA, CS, COR, and the Residential Use — Maximum 10 Units per Acre (R-10), Manufactured Housing Park (RMH), Residential Multi-Family (RM) and Residential Use—Maximum 14 Units per Acre (R-14) Zones. b. Specified and Secondary--Uses: zoning district; provided, that The following uses in any zone shall require a Site Plan Review: i. Exceptions for Secondary Uses: Where secondary uses are required to file an 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 storage facilities. c. Development within the Employment Area Valley and Employment Area Transition: All development within the Valley Planning AreaEmployment Area Valley (EAV) and Employment Area Transition (EAT) land use designation. See EAV Map in RMC 4-2-080.13; see EAT boundaries in adopted Comprehensive Plan. d. Hazardous Waste Facilities: All hazardous waste tr *4411110 chapter 9_amend.doc 4-9-14 December 11, 2001 RMC 4-9 2. Site Plan Review, Level II — Applicability: Level II &Site pPlan rReview is optional in all zones except the COR Zones where it is required pursuant to RMC 1 2 120B, Special Review Process. [Note: The "Special Review Process" section was removed; assume Level II is still wanted.' (Amd. Ord. 4404, 6-7-1993; Ord. 4636, 9-23-1996; Ord. 4773, 3-22-1999; Ord. 4802, 10-25-1999) C. EXEMPTIONS: 1. Development Exempt from Site Plan Review in All Zones (except R-10, R-14, and COR Zones): In all zones, the following types of development shall be exempt from the requirements of site plan review: (Amd. Ord. 4802, 10-25-1999) a. Interior Remodels: Interior remodel of existing buildings or structures, provided: • ii. The alterations do not modify the existing site layout. b. Facade Modifications: Facade modifications such as the location of entrances/exits; the location of windows; changes in signage; or aesthetic alterations. (Ord. 4008, 7-14-1986) c. Planned Unit Developments. d. Conditional Use Permits. e. Off Premises Signs (Billboards). fd. SEPA-Exempt Developments: All development categorically exempt from review under the State Environmental Policy Act (chapter 43.21C RCW and chapter 197-11 WAC) and under RMC 4-9 070, Environmental Review Procedures. e. Utilities: Underground utility projects. [Editor's Note: Docket—add exemption for street projects?l g. Minor Work in Shoreline Areas: Minor new con 2. Development Exempt from Site Plan Review in the R-10, R-14, and COR Zones: In the R-10, R-14, and COR Zones, the following types of development shall be exempt from the requirements of&Site pPlan rReview: [Editor's Note: Format of exemption list modified.l a. R 10 Zones: i. All development categorically exempt from the State Environmental Policy Act (Chapter 13.21C RCW and Chapter 197 11 WAC) and under RMC 1-9 070, units per RMC 4 2 110F. ii. Development of detached or semi attached dwelling units on legal lots where b. R 10 and R 14 Zones: New or replacement detached or semi at .. platted lot. chapter 9_amend.doc 4-9-15 December 11, 2001 RMC 4-9 ii. Planned unit developments. G. R 10, R 14. and COR Zones: ia. Facade Modifications: In addition, f Facade modifications such as the location of entrances/exits, the location of windows, changes in signage, or aesthetic alterations shall be exempt. jib. Exterior remodeling or expansion of an existing detached or semi-attached home and/or primary residence, excluding the addition of a new dwelling unit(s). iiic. Accessory structures otherwise exempt from SEPA review. d. Utilities: Underground utility projects. [Editor's Note: Docket— add exemption for street projects?1 e. Additional exemptions for the R-10 Zone are listed in Subsections C.3 and C.4. f. Additional exemptions for the R-14 Zone are listed in Subsection C.3. iv. Minor Work in Shoreline Areas: Minor new construction, repair, remodeling and v. Conditional use permits. 4773, 3 22 19S99; Ord. 4802,1 0-25-1 999} 3. Additional Exemptions from Site Plan Review in the R-10 and R-14 Zones: In the R-10 and R-14 Zones, the following types of development shall be exempt from the requirements of Site Plan Review: a. New or replacement detached or semi-attached homes on a single previously platted lot. b. Planned Unit Developments. c. Development of detached or semi-attached dwelling units on legal lots where part of a subdivision application. [Editor's Note: Added to R-14 zone per City Attorney/City Council interpretation of intent.1 4. Additional Exemptions from Site Plan Review in the R-10 Zone: In the R-10 Zone, the following types of development shall be exempt from the requirements of Site Plan Review: a. All development categorically exempt from the State Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) and under RMC 4-9-070, Environmental Review Procedures, excluding shadow platting of two (2) or more units per RMC 4-2-110F. D. CRITERIA TO DETERMINE IF PUBLIC HEARING REQUIRED: In all cases, the public hearing for sSite pPlan rReview should be conducted concurrently with any other required hearing, such as rezone or subdivision, if the details of the development are sufficiently defined to permit adequate review. A public hearing before the Hearing Examiner shall be required for all projects if: (Ord. 4551, 9-18-1995; Amd. Ord. 4802, 10-25-1999) chapter 9_amend.doc 4-9-16 December 11, 2001 RMC 4-9 1. Significant Environmental Concerns Remain: The Environmental Review Committee determines that based on departmental comments or public input there are significant unresolved concerns that are raised by the proposal; or 2. Applicant Requests Hearing: The applicant has requested a public hearing; or [Editor's Note: Counter staff have indicated that no applicants have requested one since they have worked at the City for 12 years./ 23. Large Project Scale: The proposed project is larger than any one of the followingmore than: a. One hundred (100) semi-attached or attached residential units; or (Amd. Ord. 4773, 3-22- 1999) b. One hundred thousand (100,000) square feet of gross floor area (nonresidential) in the IL or CO Zone or other zones in the Valley Planning AreaEmployment Area Valley (EAV) land use designation (see EAV Map in RMC 4-2-080.B); or c. Twenty five thousand (25,000) square feet of gross floor area (nonresidential) in the CC, CN, GMCD, CA, GBCS, CO or P-1 Zones outside the Employment Area Valley (EAV) land use designation (see EAV Map in RMC 4-2-080.8)Valley Planning Area; or d. Four(4) stories or sixty feet (60') in height; or e. Three hundred (300) parking stalls; or f. Ten (10) acres in size of project area. 4. Commercial or Industrial Property Lies Adjacent to or Abutting Certain Residential Zones: Any commercial or industrial property that is adjacent to or abutting the following residential zones: RC, R-1, R-5, R-8 and R-10. (Ord. 4551, 9-18-1995; Amd. Ord. 4773, 3-22-1999) 5. Level II Site Plans: Level II site plans, where applicable are required per RMC 4-9-200.B.2, Site Plan Review, Level II Applicability, and pursuant to subsections G9b or G9c of this Section. (Ord. 4802, 10-25-1999) 4-9-240 TEMPORARY USE PERMITS: A. PURPOSE: A temporary use permit allows a use or structure on a short-term basis. Such uses or structures may be allowed subject to modified development standards which would not be appropriate for permanent uses in the zoning designation. (Ord. 4560, 11-13-1995) B. APPLICABILITY: (Reserved) 1. Exemptions: (Reserved) The following uses and structures do not require a Temporary Use Permit provided they are associated with an approved land use application and/or an active building or construction permit and approved by the Development Services Division Director. 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 existing lot. and located within the subdivision or residential development to which they pertain. chapter 9_amend.doc 4-9-17 December 11, 2001 RMC 4-9 c. Sales/marketing trailers used for the purpose of real estate sales and/or renta► information, located within the subdivision or residential development to which they pertain. jEditor's Note: Reflects proposed Use Table changes to allow for common temporary uses like construction trailers and a single model home without a Temporary Use Permit.] C. USES WHICH MAY BE PERMITTED: 1. Occupancy of a temporary structure (existing home, mobile home or travel trailer with adequate water and sewer/septic service) on the same lot while a residential building is being constructed or while a damaged residential building is being repaired, and when a valid residential building permit is in force. The permit may be granted for up to one hundred eighty(180) days, or uponbut cannot exceed the expiration date of the building permit, whichever first occurs. (Ord. 4560, 11- 13-1995) 2. Model homes, equaling the lesser of 5 homes or 20% of the total lots, when and trailers used for the purpose of r al estate sales and/or rental information, located within the subdivision or residential development to which they pertain. [Editor's Note: Implements an administrative determination.] Contractor's office, storage yard, and equipment parking and servicing on or near the site or in 43. Circuses, carnivals, fairs, or similar transient amusement or recreational activities. 54. Temporary parking lots/areas. (Editor's Note: Docket—need definition and time period.] 5. Mobile food vendors in zones not normally permitting them. (Editor's Note: Implements current practice and interpretation.] 6. Temporary manufactured home for medical hardship. [Editor's Note: Moves item from Use Table.] 67. The Planning/Building/Public Works Administrator or designee 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. D. SUBMITTAL REQUIREMENTS AND APPLICATION FEES: Shall be as listed in RMC 4-8-120C, Land Use Applications, and 4-1-170, Land Use Review Fees. E. PUBLIC NOTICE AND COMMENT PERIOD: Shall be as listed in RMC 4-8-090, Public Notice Requirements, except that public notice is not required for applications requesting a temporary manufactured home for medical hardship. [Editor's Note: Utilize common notification process per Chapter 4-81 1. Public Notice Sign: Applicant shall post a sign on the property. • application for a temporary use permit. b. Timing for Sign Posting: Said sign shall be posted on the site within forty eight (48) hours of the time application is made and shall remain on the site until the end of the appeal period. chapter 9_amend.doc 4-9-18 December 11, 2001 RMC 4-9 c. City Approval Required: Said sign shall meet the approval of the-Planning/Building/Public d. Failure to Post or Maintain Sign: Failure to post or maintain the sign shall result in denial e. Deposit Required: The City will have signs available for applicant's use. Applicant shall pay a twenty five dollar (S25.00) security deposit for the sign, which deposit will be refunded when the sign is returned in good condition. F. WAIVER OF REQUIREMENTS AND FEES: Except for sign requirements in subsection E of this of Section 4-8-090, the Planning/Building/Public Works Administrator may waive specific application requirements determined to be unnecessary for review of an application. The Administrator may waive the permit application fee for public service activities and nonprofit organizations. G. APPLICATION PROCESS AND REVIEW AUTHORITY: The Planning/Building/Public Works Administrator or designee shall, in consultation with appropriate City departments, review and decide upon each application for a tTemporary uUse pPermit. The Administrator or designee may approve, modify, or condition an application for a tTemporary uUse pPermit. H. DECISION CRITERIA: The Planning/Building/Public Works Administrator or designee may approve, modify, or condition an application for a tTemporary uUse pPermit, based on consideration of the following factors: 1. The temporary use will not be materially detrimental to the public health, safety, or welfare, nor injurious to property or improvements in the vicinity of the temporary use; and, 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 nuisance factors such as noise, light, or glare which adversely impacts surrounding uses; and, 5. If applicable, the applicant has obtained the required right-of-way use permit. I. SPECIAL CRITERIA FOR TEMPORARY MANUFACTURED HOME FOR MEDICAL HARDSHIP Temporary Manufactured Home for Medical Hardship: In lieu of the above criteria in Subsection H, a manufactured home which complies with HUD standards may be permitted as a temporary dwelling on the same lot as a permanent dwelling provided 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 setback, height, building footprint, and lot coverage provisions for the applicable zone. [Editor's Note: Moves item from Use Table Notes.l IJ. CONDITIONS OF APPROVAL: 1. General: The Planning/Building/Public Works Administrator or designee may establish conditions `' ► as may be deemed necessary to ensure land use compatibility and to minimize potential impacts chapter 9_amend.doc 4-9-19 December 11, 2001 RMC 4-9 on nearby uses. These include, but are not limited to, requiring that notice be given to los adjacent/abuttinq property owners prior to approval, time and frequency of operation, temporary arrangements for parking and traffic circulation, requirement for screening or enclosure, and guarantees for site restoration and cleanup following temporary uses. 2. Facilities Required: Each site occupied by a temporary use shall have access to or provide for restroom facilities (may be a temporary facility) and garbage disposal; electrical hookups will be required as needed. 3. Additional Requirements — for Model Homes: In addition to the requirements of subsections 1.1, General, and 1.2, Facilities Required, the Planning/Building/Public Works Administrator or designee may require conditions of approval regardinq access/roadway construction. 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 indemnification, and security devices for removal of model homes if plat is not recorded. (Editor's Note: Implements administrative determination.] JK. OTHER REQUIRED PERMITS: The temporary use permit-may initiato also require permits and inspections from both the Fire Prevention Bureau and/or Development Services Division to insure ensure that the temporary use is in compliance with Fire/Building Codes. KL. EXPIRATION AND EXTENSION: 1. Standard Period of Validity: Except as specified in subsection K2 and K3 of this Section, a tTemporary uUse pPermit is valid for up to ne year from the effective date of the permit, unless the Planning/Building/Public Works Administrator or designee establishes a shorter time frame. w 2. Optional Extended Period of Validity: The Planning/Building/Public Works Administrator or designee may approve a temporary use permit for up to one yeara longer period of up to two years for temporary sales or rental offices in subdivisions, multi-family or nonresidential projects or other longer term uses, if requested by the applicant at the time of application. 3. Special Expiration/Extension Periods for Manufactured Homes for Medical Hardship: A Scction.The temporary use permit for a manufactured home for medical hardship shall be effective for twelve (12) months. Extension of the temporary use permit may be approved in twelve (12) month increments subject to demonstration of continuing medical hardship. The manufactured home shall be removed within ninety (90) days of the expiration of the temporary manufactured home permit or the cessation of provision of daily care. 'Editor's Note: Changes to Subsections 1 and 2 implement current interpretation that indicates 90 days except for non-specified longer-term uses which may have one year with an option for a second year. Timeframe for medical hardship moves existing requirements from Use Table Notes.l [Editor's Note: Docket whether temporary parking lots need a different time period.] LM. 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. chapter 9_amend.doc 4-9-20 December 11, 2001 RMC4-9 MN. SECURITY: The Planning/Building/Public Works Administrator or designee may require security in conformance with RMC 4-9-060C to assure compliance with the provisions of the tTemporary uUse pPermit as approved if required. The amount of the security will be determined by the Planning/Building/Public Works Administrator or designee, 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. NO. PERMIT REVOCATION: 1. Revocation of Temporary Use Permit: Should the Planning/Building/Public Works Administrator or the Administrator's designee determine that information has been provided to the City which was false, incomplete, or has changed, such that the decision criteria in subsection H of this Section are incorrect, false, or have not been met, or the temporary use actually being 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 Administrator may revoke the temporary use permit upon ten (10) days' written notice, unless an emergency exists, in which case the Administrator may declare such an emergency and immediately revoke the temporary use permit. 4-9-250 VARIANCES, WAIVERS, MODIFICATIONS, AND ALTERNATES: D. MODIFICATION PROCEDURES: 3. Additional Decision Criteria Only for Centers Residential Demonstration District: For a modification to special development standards in the Centers Residential Demonstration District RMC 4-3-12083095B3, the Department shall rely on the recommendations contained within the report on design criteria for modifications prepared by the Economic Development, Neighborhoods and Strategic Planning Administrator or designee as the basis for approval or denial of the request. In addition to the criteria in subsection D2 of this Section, the request for modification in the Centers Residential Demonstration District shall meet all of the following criteria: f Editor's Note: Amend cross-reference.) chapter 9_amend.doc 4-9-21 December 11,2001 RMC 4-10 4-10 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 implemented. Special permit process requirements for nonconforming uses/structures conditional approval permits are found in Chapter 9. Chapter 8 should also be consulted for general procedural and submittal information. 'Editor's Note: Recommend adding Use Guide to the Table of Contents to assist with user understanding. No sections are proposed for amendment to date, but may be proposed in the future with docket items.' 4-10-010 COMPLETION AND RESTORATION OF EXISTING NONCONFORMING USES/ STRUCTURES AND LOTS A. Nonconforming Lots (Reserved) B. Pending Permits Valid C. Nonconforming Structures D. Nonconforming Uses E. Nonconforming Animals F. Nonconforming Signs G. Critical Areas Regulations—Nonconforming Activities and Structures 4-10-020 VIOLATIONS OF THIS CHAPTER AND PENALTIES chapter 10_amend.doc 4-10-1 December 11, 2001 RMC 4-11 4-11 DEFINTIONS CHAPTER GUIDE: Defintions for terms used throughout this Title are primarily grouped in Chapter 11. A few chapter-specific defintions can be found in individual chapters, but are cross-referenced here. !Editor's Note: Recommend adding Use Guide to the Table of Contents to assist with user understanding. Below, the Table of Contents is listed with Sections proposed for amendment italicized.) SECTION PAGE 4-11-010 Defintions A 4-11-3 4-11-020 Defintions B 4-11-9 4-11-030 Definitions C 4-11-13 4-11-040 Defintions D 4-11-19 4-11-050 Definitions E 4-1 1-24 4-11-060 Defintions F 4-11-27 4-11-070 Defintions G 4-11-29 4-11-080 Defintions H 4-11-31 4-11-090 Defintions I 4-11-33 4-11-100 Definitions J (Reserved) 4-11-34 4-11-110 Definitions K 4-11-34 4-11-120 Definitions L 4-11-34 4-11-130 Definitions M 4-11-38 4-11-140 Definitions N 4-11-42 4-11-150 Definitions 0 4-11-43 4-11-160 Definitions P 4-11-45 4-11-170 Definitions Q (Reserved) 4-11-49 4-11-180 Definitions R 4-11-50 4-11-190 Definitions S 4-11-52 4-11-200 Definitions T 4-11-64 4-11-210 Definitions U 4-11-65 4-11-220 Definitions V 4-11-68 chapter 11_amend.doc 4-11-1 December 11, 2001 RMC 4-11 4-11-230 Definitions W 4-11-69 4-11-240 Definitions X (Reseved) 4-11-73 4-11-250 Definitions Y 4-11-73 4-11-260 Defintions Z 4-11-74 chapter 11_amend.doc 4-11-2 December 11, 2001 RMC 4-11 4-11 DEFINITIONS rr 4-11-010 DEFINITIONS A: ABANDONMENT OF UNDERGROUND STORAGE FACILITIES: See RMC 4-5-120G. (Ord. 3891, 2-25- 1985) ABUTTING: Lots sharing common property lines. ACCEPTANCE OF OF interest in a cooperative at a specific price and on specific terms. (Ord. 3366, 10 15 1979) ACCESS EASEMENT: See EASEMENT, ACCESSAn easement created for the purpose of providing vehicular or pedestrian access to a property. (Ord. 11521, 6 5 1995) ACCESSORY USE OR BUILDING: A subordinate building located upon the same lot occupied by a principal use or building with which it is customarily associated, but clearly incidental to. ACCESSORY DWELLING UNIT: See DWELLING UNIT, ACCESSORY ACCESSORY USE, AGRICULTURE OR ANIMAL 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. RESIDENTIAL: A subordinate use 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 typically subordinate in size and supports the principal residential use without displacing it. ACCESSORY USE. COMMERCIAUINDUSTRIAUPUBLIC/ COMMUNITY FACILITY: A use typically subordinate in size to the principal commercial, industrial, public, community facility, or other similar principal use; that would not contribute significantly to traffic generation, noise, or nuisance: and that supports the primary use operation without displacing it. Uses are typically located upon the same lot occupied by a principal use. ownership. "Ownership" for purposes of this Section shall mean ownership as established at the ACT: Tho State Environmental Policy Act of 1971, chapter 113.21 C RCW, as amended, which is also referred to as"SEPA". (Ord. 3891, 2 25 1985} ACT: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) The Shoreline Management Act of 1971, chapter 90.58 RCW. (Ord. 3758, 12-5-1983, Revised 7-22-1985 (Minutes), 3- 12-1990 (Resolution 2787), 7-16-1990 (Resolution 2805), 9-13-1993 (Minutes) and Ord. 4716, 4-13- 1998) [Editor's Note: There are multiple acts referred to in Title 4. Recommend deletion when Shoreline terms are considered.) ACTION: (This definition for RMC 4 9 070, Environmental Review Procedures, use only.} A. "Actions" include, as further specified below: 1. New and continuing activities (including project and programs} entirely or partly financed, assisted, conducted, regulated, licensed, or approved by agencies; chapter 11_amend.doc 4-11-3 December 11, 2001 RMC 4-11 3. Legislative proposals. olves a decision on a specific project, such as a construction or management activity located in a-defined-g agency decisions to: a. License, fund, or undertake any activity that will directly modify the environment, whether b. Purchase, sell, I ase, transfer, or exchange natural resources, including publicly owned • as: a. The adoption of amendment on legislation, ordinances, rules, or regulations that contain b. The adoption or amendment of comprehensive land use plans or zoning ordinances; c. The adoption of any policy, plan or program that will govern the development of a series • e. Capital budgets; and f. Road, street. and highway plans. C. "Actions" do not include the activities listed above when an agency is not involved. Actions do not Niad .JSEPA term defined in WAG]. ACTIVITY: A happening associated with a use; the use of energy toward a specific action or pursuit. Examples of shoreline activities include but are not limited to fishing, swimming, boating, dredging, fish spawning, wildlife nesting, or discharging of materials. Not all activities necessarily require a shoreline location. Shoreline Master Program (Ord. 3758, 12-5-1983, Revised 7-22-1985 (Minutes), 3-12-1990 (Resolution 2787), 7-16-1990 (Resolution 2805), 9-13-1993 (Minutes) and Ord. 4716, 4-13-1998) • document. The term does not include supplemental EISs. An addendum may be used at any time during cEon pro, (Ord 3891 2 25 19 5 t,.e r -P,ooe.,.,. �..,u. T��,jSEPA Termj ADJACENT: Lots located across a street, ra+lreadrailroad, or right-of-way, except limited access roads. (Ord. 4680, 9-22-1997) • • roads, do not exist. (Ord. 3981 -7---4-9-8-64 ADMINISTRATIVE AUTHORITY: The Planning/Building/Public Works Administrator of the City of Renton, or his/her duly authorized representative or agent. (Ord. 3214, 4-10-1978, eff. 4-19-1978) 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 operation of thea chapter 11_amend.doc 4-11-4 December 11, 2001 RMC 4-11 company or affiliated corporate group. ADMINISTRATOR: The Administrator of the Department of Planning/Building/Public Works of the City, or any successor office with responsibility for management of the public properties within the City of Renton, or his/her designee. (Ord. 4367, 9-14-1992, Ord. 4521, 6-5-1995, Ord. 4522, 6-5-1995) the agency's responsibiliti 3891 2-25-1 985)JS EPA Term] ADULT DAY CARE/HEALTH: A program designed 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 related 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, Wwhere specified, is the maximum number of clients present 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 maximum of four (4) clients upon a property containing a ie 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 aw residential use; and thirteen (13) or more clients upon a property in nonresidential use. (Ord. 4680, 9-22-1997) ADULT ENTERTAINMENT BUSINESS: A. Any enterprise which, for money or any other form of consideration, features "adult live entertainment" as defined herein; or B. Any"adult motion picture theater"as defined herein; or C. 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 image-producing machines are used to show films, motion pictures, video cassettes, slides or other photographic reproduction of specified sexual activities or specified anatomical areas. (Amd. Ord. 4827, 1-24-20001 ADULT FAMILY HOME: A residential dwelling unit 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 adequate size and the home and provider are capable of meeting standards and qualifications as provided for in chapters 70.128 RCW and 388-76 WAC. ADULT LIVE ENTERTAINMENT: A person appearing nude or a live performance which is characterized by specified sexual activities as defined in RMC 4-11-190. This definition includes, but is not limited to, peep shows. (Amd. Ord. 4827, 1-24-2000) ADULT MOTION PICTURE THEATER: An enclosed building used for presenting motion picture films, video cassettes, cable television, or any other such visual media for observation by patrons there, distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. (Ord.4651, 1-27-1997; Amd. Ord. 4827, 1-24-2000) ADULT RETAIL USE: A retail establishment which, for money or any other form of consideration, either: (a) has as one of its principal purposes 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 chapter 11_amend.doc 4-11-5 December 11, 2001 RMC 4-11 premises, any adult oriented merchandise. (Ord. 4828, 1-24-2000) *10 ADULT--ORIENTED MERCHANDISE: Any goods, products, commodities, or other wares, including 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 successor organization. (Ord. 4828, 1-24-2000) AFFECTED TRIBE: Any Indian tribe, band, nation or community in the State of Washington that is proposal.JSEPA Terml AFFECTING: Having or may be having an effect on (see WAC 197 11 752 on impacts). For purposes of 4-98,5)(SEPA Terml AFFORDABLE HOUSING: Housing used as a primary residence for any household whose income is less than eighty percent (80%) of the median annual income adjusted for household size, as determined by the Department of Housing and Urban Development (HUD) for the Seattle Metropolitan Statistical Area, who pay no more than thirty percent (30%) of household income for housing expenses. (Ord. 4651, 1-27- 1997) A. "Agency" means any state or local governmental body, board, commission, department, or officer local agency(WAC 197 11 762). are listed in WAC 197 11 920; the list may be expanded in agency procedures (WAC 197 11 906). C. "Agency with jurisdiction" m ans an agency with authority to approve, veto, or finance all or part of a p JSEPA Terml AGENT: (This definition for RMC 4-9-070, Environmental Review Procedures, use only.) Any person, firm, partnership, association, joint venture, corporation or any other entity off combination or entities whothat represent or acts for, or on behalf of, a developer in selling, or offering to sell, any condominium or cooperative unit or interest in a cooperative. (Ord. 4351, 5-4-1992) AGRICULTURE: Use of land for growing crops for sale or consumption. This use includes the necessary accessory uses for packing, treating, or storing the produce provided that the operation of the accessory use is clearly incidental to the agricultural activity. This definition includes but is not limited to produce farms and Christmas tree farms. This definition excludes nurseries and animal husbandry. AIR GAP: See RMC 4-6-100. chapter 11_amend.doc 4-11-6 December 11, 2001 RMC 4-11 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 airport or is otherwise hazardous to landing or takeoff of aircraft. AIRPORT, MUNICIPAL: Any area of land or water designated and designed for aircraft to land and take off, with accessory areas for storage, refueling and repair of aircraft, various accommodations for passengers, and other airport-related uses. AIRPORT RELATED USE: A use which requires access to the airport taxiways and/or runway, and either offers an aeronautical service to the public or offers aeronautical support services to airport operators otherwise entitled to use the public landing areas. thirty feet(30') wide. ALLEY: Utility-Sta ds.) A latiblisvehicular 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. (Ord. 4521, 6-5-1995, Ord. 4522, 6-5-1995) ei L OWED nCTnnTIES• (Dolotod big Ord n83� 3_27_2nnrn AMERICAN PUBLIC WORKS ASSOCIATION: The adopted edition of the Washington State Chapter of the American Public Works Association. (Ord. 2820, 1 14 1974) AMUSEMENT PARK: A commercially operated facility with a predominance of games and activities for entertainment, including but not limited to motorized rides, water slides, miniature golf. and batting cages. This use also includes incidental and accessory sales of food and drink. ANIMAL HUSBANDRY: The raising of domesticated animals other than common household pets. ANIMALS, LARGE: Horses, ponies, cows, llamas, oxen, buffalo, deer, and other animals of similar size and characteristics. ANIMALS, MEDIUM: Goats, sheep, pigs and other animals of similar size and characteristics. ANIMALS, SMALL: Dogs, cats, rRabbits, ferrets, chickens, ducks, geese, birds, rodents, and other animals of similar size and characteristics. 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. "Application" means a request for a license. (Ord. 3891, 2 25 1985) [Editor's Note: Older definition seems more restrictive and less relevant than newer definition below[ 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. (Ord. 4346, 3-9-1992) APPROVED: See RMC 4-6-100. APPROVED PLASTICS MATERIALS: Approved plastic materials shall be those having a self-ignition temperature of six hundred fifty degrees (650°) Fahrenheit or greater when tested in accordance with U.B.C. Standard No. 52-3 and a smoke-density rating not greater than four hundred fifty (450) when tested in accordance with U.B.C. Standard No. 42-1, in the way intended for use; or a smoke-density chapter 11_amend.doc 4-11-7 December 11, 2001 RMC 4-11 rating no greater than seventy five (75) when tested in the thickness intended for use by U.B.C. Standard No. 52-2. Approved plastics shall be classified as CC1 in accordance with U.B.C. Standard No. 52-4. ‘wiNid (Ord. 3719, 4-11-1983) • {Ord. 35/1, 5 11981}[Editor's Note: Does not appear in either RMC 4-5-070 or 4-5-1201 AQUACULTURE: The culture of farming of aquatic animals and plants. Shoreline Master Program (Ord. 3758, 12-5-1983, Revised 7-22-1985 (Minutes), 3-12-1990 (Resolution 2787), 7-16-1990 (Resolution 2805), 9-13-1993 (Minutes) and Ord. 4716, 4-13-1998) AQUIFER: A geological unit of porous and permeable 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 Designations/Mapping, and depicted in RMC 4-3-05001, Maps, Aquifer Protection. (Ord. 4851, 8-7-2000) AQUIFER PROTECTION AREA PERMIT: An authorization by the Department for a person to store, handle, treat, use or produce a hazardous material within an APA. The two (2) types of permits that will be issued pursuant to RMC 4-9-015, Aquifer Protection Areas Permits, and RMC 4-3-050, Critical Areas Regulations, are an operating permit and a closure permit. (Ord. 4851, 8-7-2000) • side. There may be habitable space above the arcade. (Ord. 4821, 12 20 1999} AREA CLASSIFICATION: For purposes of the street standards and subdivision regulations, the ar A. Commercial: That portion of the City with designated land uses characterized by commercial office • part of the City. • • includes areas with si AREA OF SHALLOW FLOODING: A designated AO or AH Zone on the Flood lnsuance Rate Map {I=IRM):the-base flood dept t (4 4h„ee-foe< not exist; the path of flooding is unpredictable and indeterminate=-a124-veaosity-flew may be evident. AO is characterized a� tes ponding. AREA OF SPECIAL FLOOD HAZARD: (Deleted by Ord. 4835, 3 27-2008} chapter 11_amend.doc 4-11-8 December 11, 2001 RMC 4-11 ARTERIAL: A street classified as a principal or minor arterial onmajor or secondary arterial as specified in the City's Arterial Street Plan. ARTERIAL PASS-THROUGH TRAFFIC: Traffic withthat has neither an origin nor destination in an affected area which is diverted from an arterial road. (Ord. 4636, 9-23-1996) ARTICULATION: The giving of emphasis to architectural elements (like windows, balconies, entries, etc.) that create a complementary pattern or rhythm dividing large buildings into smaller identifiable pieces. (Ord. 4821, 12-20-1999) ARTS AND CRAFTS SCHOOLS/STUDIOS: Schools and studios for education in various arts and crafts including but not limited to photography, dance, music, and language skills. AS-GRADED:The surface conditions existing on completion of grading. (Ord. 2820, 1-14-1974) 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 wholesale or retail sale. This use includes but is not limited to assembly and packaging of computer, electronics, office equipment, chemicals and allied products, fabricated metal products, and other products. AUTOMOBILE: See VEHICLE. AUXILIARY WATER SUPPLY: See RMC 4-6-100. AVERAGE DAILY TRAFFIC (ADT): An average of at least one motor vehicle crossing in one direction per working day for any continuous thirty(30) day period. AVERAGE HORIZONTAL ILLUMINATION: The quantity of light measured at the pavement surface and averaged over the traveled lanes expressed in footcandles. AWNING: A shelter, typically for a pedestrian walkway, that projectsing from and is supported by the exterior wall of a building. Awnings have noncombustible frames, but may have combustible coverings. Awnings may be fixed, retractable, folding or collapsible. Any structure which extends above any adjacent parapet or roof of a supporting building is not included within the definition of awning. (Ord. 4720, 5-4- 1998) 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 copy text and/or graphics could be placed. (Ord. 3719, 4-11-1983) BACKSIPHONAGE: See RMC 4-6-100. BASE FLOOD: AT he flood having a one percent (1%) chance of being equaled or exceeded in any given year. Also referred to as the "100-year flood". Designation on flood maps always includes the letters A or V. (Ord. 4071, 6-1-1987) BASEMENT: Any area of the building having its floor subgrade (below ground level) on all sides. (Ord. 4851, 8-7-2000) BED AND BREAKFAST HOUSE, ACCESSORY: Overnight accommodations and a morning meal in a ``""' dwelling unit with less than four guest rooms provided to transients for compensation. Accessory bed and chapter 11_amend.doc 4-11-9 December 11, 2001 RMC 4-11 breakfast houses are owner-occupied, or the owner has arranged for a tenant to conduct the operation, and morning meals are provided to the house residents and the overnight quests only. This definition does not include boarding and lodging houses, professional bed and breakfast houses, hotels, or motels. BED AND BREAKFAST HOUSE, PROFESSIONAL: Overnight accommodations and a morning meal in a dwelling unit with four to ten quest rooms provided to transients for compensation. Professional bed and breakfast houses are owner-occupied, or the owner has arranged for a tenant to conduct the operation, and morning meals are provided to the house residents and the overnight guests only. This definition does not include boarding and lodging houses, accessory bed and breakfast houses, hotels, or motels. BEDROCK: The-iln-place subsurface material consisting of solid rock. • • BEST MANAGEMENT PRACTICES, WETLANDS: Conservation practices or systems of practices and management measures that: A. Control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxins and sediment; B. Minimize adverse impacts to surface water and groundwater flow, circulation patterns, and to the chemical, physical and biological characteristics of wetlands; and C. Includes allowing proper use and storage of fertilizers/pesticides. (Ord. 4346, 3-9-1992; Amd. Ord. 4835, 3-27-2000) BIG-BOX RETAIL: See RETAIL. BIG-BOX , 51995) 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 centerline of platted streets, with no other intersecting streets intervening. Where blocks are unusually long or short, or of unusual shape, block length shall be determined by address ranges. (Ord. 4651, 1-27-1997) BLOCK FRONT: A block front ismoano 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. (Ord. 4651, 1-27-1997) BOARDING OR LODGING HOUSE: A dwelling or part of a dwelling other than a motel or hotel, where lodging with or without meals is provided for compensation;and boarding rooms do not contain all of the requisite components of a dwelling unit kitchen facilities. Proprietors of the facility must live on-site for the facility to be considered a boarding or lodging house. This definition does not include adult family homes, accessory dwelling units, bed &breakfast houses, group homes I or II, or retirement residences. BOAT LAUNCHING RAMP: A facility with an inclined surface extending into the water which allows launching of boats directly into the water from trailers. Shoreline Master Program (Ord. 3758, 12-5-1983, Revised 7-22-1985 (Minutes), 3-12-1990 (Resolution 2787), 7-16-1990 (Resolution 2805) and 9-13-1993 (Minutes) and Ord. 4716, 4-13-1998) [Editor note: Shoreline definition that only exists here. Propose doing something with this term in Shoreline updatel BODY SHOP: Establishments which conduct any of the following operations: A. Collision repair services, including body, frame or fender straightening, repair, or replacement; and/or B. Overall painting of vehicles or painting of vehicles in a paint shop, but excluding minor painting with chapter 11_amend.doc 4-11-10 December 11, 2001 RMC 4-11 an airbrush or roller brush utilized in customizing or detailing operations; and/or C. Welding, molding, and similar operations conducted on vehicles. (Ord. 4715, 4-6-1998) BORROW: Earth material acquired from an off site location for use in grading on a site. (Ord. 2820, 1 111 1-9-74} cultivation of flowers, fruits, vegetables or ornamental plants. landscaped median or center divider, that functions as a linear open space. BREAKAWAY WALL: A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing or harbor areas from wave action. BUFFER AREA: A strip of land identified by a plan or ordinance to separate one type of land use from another land use that ismay be incompatible. BUFFER, CRITICAL AREA: A naturally vegetated and undisturbed, enhanced, or revegetated areas that surrounds and protects a critical area from adverse impacts to its functions and values, and/or which protects adjacent developed areas from potentially hazardous conditions. (Amd. Ord. 4835, 3-27-2000) Nom.r obscures one land use from another. BUFFER, SHORELINES: A parcel or strip of land that is designed and designated to permanently remain vegetated in an undisturbed and natural condition to protect an adjacent aquatic or wetland site from upland impacts, to provide habitat for wildlife and to afford limited public access. Shoreline Master Program (Ord. 3758, 12-5-1983, Revised 7-22-1985 (Minutes), 3-12-1990 (Resolution 2787), 7-16-1990 (Resolution 2805), 9-13-1993 (Minutes) and Ord. 4716, 4-13-1998) (Editor's Note: This term does not seem to exist—tried shoreline buffer and shorelines buffer. Handle this term with Shorelines update( BUILDABLE AREA: The portion of a lot or site, exclusive of required yard areas, setbacks, landscaping or open space within which a structure may be built. nature. (Editor's note: This is essentially the same as the 3`d Building definition. But the 3`d definition is a Shoreline definition.l structures which were operated as rental units as converted buildings are the subject of a single declaration or simultaneous declaration filed pursuant to the Horizontal Property Regimes Act (chapter 64:32-RCW). (Ord. 351, 5 4 1992) [Editor's Note: This term is confusing and contradictory to the other Building definitions.l 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. Shoreline Master Program (Ord. 3758, 12-5-1983, Revised 7-22-1985 (Minutes), 3-12-1990 (Resolution 2787), 7-16-1990 (Resolution 2805), 9-13-1993 (Minutes) and Ord. 4716, 4-13-1998) chapter 11_amend.doc 4-11-11 December 11, 2001 RMC 4-11 BUILDING CODE: Building Code is the Uniform Building Code, promulgated by the International Conference of Building Officials, as adopted by this jurisdiction. (Ord. 3719, 4-11-1983) '4110111 i BUILDING COMPLEX, MULTIPLE: A group of structures housing more than one type of retail business, office or commercial venture and generally under one ownership and control. (Ord. 4720, 5-4-1998) BUILDING DRAIN: See RMC 4-6-100. BUILDING ENVELOPE: The allowable building area permissible for the construction of one single family dwelling unit on a single family lot or in a residential cluster. 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 entire width of the building elevation. (Ord. 3719, 4-11-1983) 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 exterior walls, the building footprint shall be the area under the horizontal projection of the roof. BUILDING HEIGHT: The vertical distance above a referenced datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the followings whichever yields a greater height of building: A. The elevation of the highest adjoining sidewalk or ground surface within a five foot (5') horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten feet (10') above lowest grade measured within a five foot (5') horizontal distance of the exterior wall of the building. B. An elevation ten feet (10') higher than the lowest grade when the sidewalk or ground surface 1400 described in subsection A above is more than ten feet (10') above lowest grade measured within a five foot (5') horizontal distance of the exterior wall of the building. BUILDING LINE: The line between which the street line or lot line, no building or other structure or portion of a structure, except as provided in this Title, may be erected above the grade level. The building line is considered a vertical surface intersecting the ground on such line. BUILDING, MULTI-OCCUPANCY: A single structure housing more than one type of retail business, office or commercial venture and generally under one ownership and control. (Ord. 4720, 5-4-1998) BUILDING OFFICIAL: The officer or other person charged with the administration and enforcement of this Title, or his duly authorized deputy. (Ord. 3719, 4-11-1983) BUILDING, PRINCIPAL: (This definition for RMC 4-4 100, Sign Regulations, use only.) A building in which the principal use o BUILDING, SINGLE OCCUPANCY: A building or structure with one major enterprise, generally under one ownership. A building is considered to be"single occupancy" if: A. It has only one occupant; and B. It has no wall in common with another building; and C. It has no part of its roof in common with another building. (Ord. 4720, 5-4-1998) BUILT ENVIRONMENT: The elements of the envie .21C.110(1)(f) and 4 enerally built--se- }ade -p -with-+natural processes. (Ord. 3891, 2 25 1-985)jEditor's Note: SEPA terml NINO chapter 11_amend.doc 4-11-12 December 11, 2001 RMC 4-11 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. Shoreline Master Program (Ord. 3758, 12-5-1983, Revised 7-22-1985 (Minutes), 3-12-1990 (Resolution 2787), 7-16-1990 (Resolution 2805), 9-13-1993 (Minutes) and Ord. 4716, 4-13-1998) BUSINESS FACADE: That portion of an exterior building wall owned or leased by a business. (Ord. 4720, 5-4-1998) 4-11-030 DEFINITIONS C: CALIPER: The diameter of any tree trunk as measured at a height of four and one-half feet (4-1/2') above the ground on the upslope side of the tree. (Ord. 4351, 5-4-1992) CANOPY, BUILDING: A rigid multi-sided structure covered with fabric, metal or other material and supported by a building at one or more points or extremities and by columns or posts embedded in the ground at other points or extremities. Any structure which extends above any adjacent parapet or roof of supporting building is not included within the definition of building canopy. CANOPY, FREESTANDING: A rigid multi sided structure covered with fabric, metal or other material and supported by columns or posts embedded in the ground. (Ord. 4720, 5 4 1998) CAPACITY, NET: Population and employment growth likely to occur under zoned capacity minus existing infrastructure and service standard limitations. CAPACITY, PLANNED: Population and employment growth planned (contained in local comprehensive CAPACITY, ZONED: Population and employment growth permitted under current zoning, land development and environmental regulations. 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. (Ord. 4715, 4-6-1998) CARD ROOMS: A use governed pursuant to the provisions of chapter 9.16 RCW, 1973 Gaming Act and licensed by the Washington State Gambling Commission that is ancillary to a permitted use where food and beverages are served on the premises and whose purpose is to serve as a commercial stimulant to 91, 12 1 1997) CARETAKER'S RESIDENCE: A dwelling unit located on the site of a nonresidential use and occupied only by a caretaker or guard employed on the premises, and consisting of only one residence per permitted establishment. CARPOOL: A group of people traveling to the same or relatively nearby locations in the same vehicle. (Ord. 4517, 5-8-1995) CARPORT: A structure, enclosed on less than four sides, without interior parking aisles, for the purpose of storing motor vehicles. (Ord. 4854, 8-14-2000) CARRIAGE HOUSE: See DWELLING, MULTI-FAMILY chapter 11_amend.doc 4-11-13 December 11, 2001 RMC 4-11 CATEGORICAL EXEMPTION: A type of actin i '13.21C.110 (1)(a)); categorical exemptions are found in RMC 4 9 070, Environmental Review Procedures. Neither a threshold determination nor any environmenta (Ord. 3891, 2 25 1985}'Editor's Note: SEPA term} CEMETERY: Property used for interring of the dead. This definition includes accessory buildings, crematories, and mausoleums. CENTER, EMPLOYMENT: An area of higher intensity uses that typically employ thousands of people that is contained by a boundary to prevent it from encroaching on adjacent areas and/or neighborhoods. (Ord. 4649, 1-6-1997) CERTIFICATION: A written engineering or geological opinion concerning the progress and completion of the work. (Ord. 2820, 1-14-1974) CERTIFIED: A facility and staff qualified and able to provide certain tests and measurements relating to specific tasks and traceable tobased upon established standards. CHEMICALS: (Deleted by Ord. 4851, 8 7 2000} CIRCULATION: Those means of transportation which carry passengers or goods to, from, over, or along a corridor. Shoreline Master Program (Ord. 3758, 12-5-1983, Revised 7-22-1985 (Minutes), 3-12-1990 (Resolution 2787), 7-16-1990 (Resolution 2805), 9-13-1993 (Minutes), and Ord. 4716, 4-13-1998) CITY COUNCIL: The City Council of the City of Renton,Washington. (Ord. 4522, 6-5-1995) CIVIL ENGINEER: A professional engineer registered in the State to practice in the field of civil works. •i ses of mankind (Ord• 2820 i i it 1�7A 1 • 1-9-92+[Editor's Note: This term is located in another Title...not Title IVI CLEAR VISION AREA: The area bounded by the street property lines of corner lots and a line joining points along said street lines twenty feet (20') from their point of intersection. (Ord. 4056, 4-13-1987) 'Editor's Note: Need to modify associated visual to say a minimum of 3-1/2 feet rather than 3 feet.} 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 application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed. CLOSURE OF UNDERGROUND STORAGE FACILITIES: See RMC 4-5-120G. CLUSTER, RESIDENTIAL: The placement of more than one building envelope on a single lot or parcel of land for the purpose of constructing single family residential dwelling units in either attached or detached construction arrangement, and where the property ownership outside the building envelopes is commonly held by all single family dwellings on that lot or parcel of land. (Ord. 4587, 3-18-1996) GQ E ENFORCEMENT OFFI( ER1: Any-erg} chapter 11_amend.doc 4-11-14 December 11, 2001 RMC 4-11 inspect for Code violations and issue violation notices. (Ord. 1351. 5 4 1992)f Editor's Note: This term is only located in Title 1.1 COLLECTION POINT: In multiple-family residences, commercial, industrial and other nonresidential developments, the exterior location designation for garbage and recyclables collection by the City's contractor or other authorized haulers. (Ord. 4426, 11-8-1993) COMBINED PUBLIC DETENTION: A stormwater detention system designed to accommodate runoff from both public streets and private property. (Ord. 4521, 6-5-1995) COMBINED SEWER: See RMC 4-6-100. COMMERCIAL, COMMUNITY: A mix of commercial land uses typically serving more than one residential neighborhood with services and retail goods, usually a sub-area of the City, with services and retail goods. COMMERCIAL, CONVENIENCE: Small commercial areas providing limited retail goods and services such as groceries and dry cleaning for nearby residential customers. 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 RECREATION, OUTDOOR: Recreational uses conducted almost wholly outdoors including golf driving ranges (not associated with a golf course), miniature golf, firing ranges, water parks, amusement parks and similar uses. COMMERCIAL USE: A type of land use that includes commercial office activities, services and/or retail sales. within the site designated for a plan;ed unit devolopmon4 and designed and intender! for the use or of 4he planned unit developmen4 (Ord 4039 1_19_1987) COMMON OPEN SPACE: A parcel or parcels of land or an area of water or a combination of land and residents of a subdivision. Common open space may contain such complementary structures and subdivision. (Ord. 4522, 6 5 1995) COMMUNICATION BROADCAST AND RELAY TOWERS: Establishments that provide point-to-point communication services, whether by wire or radio, including radio and television broadcasting stations and the exchange or recording of messages. This definition excludes all terms related to wireless communication facilities. community or senior centers, gymnasiums or recreation centers. theaters, police and fire stations, libraries, courthouses, shops, storage and_maintenan e facilities transit centers or stations parks and park-and rides, but excluding jails. chapter 11_amend.doc 4-11-15 December 11, 2001 RMC 4-11 INNS COMPACTION: The densification of an earthen fill by mechanical means. (Ord. 2820, 1-14-1974) 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, and includinges, but is-not limited to wetlands restoration and creation, and wetland enhancement in conjunction with wetlands restoration or creation. (Ord. 4346, 3-9-1992; Amd. Ord. 4835, 3-27-2000) COMPLETE PROJECT PERMIT APPLICATION (BUILDING, LAND USE, PUBLIC WORKS): An a ica a . COMP COMPREHENSIVE PLAN: The plans, maps and reports wh+s#that comprise theat official development plan and 20-year "vision" for the future physical design and character of the City as adopted by the City Council in accordance with chapter 35.63 RCW. (Ord. 4522, 6-5-1995) [Editor's Note: Attempt to combine the two existing definitions into onel. COMPUTATION: Calculations, including coefficient and other pertinent data, made to determine the CONDITIONAL USE (ADMINISTRATIVE): A land use which may be permitted within a zoning district following review by the Zoning Administrator Development Services Division Director to establish conditions mitigating potential impacts of the use and assure compatibility with other uses in the district. CONDITIONAL USE (HEARING EXAMINER): A use with special characteristics that weuldmay not generally be appropriate within a zoning district but may be permitted subject to review by the Hearing Examiner to establish conditions to protect public health, safety and welfare. CONDOMINIUM: Real property, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real property is not a condominium unless the undivided interests in the common elements are vested in the unit owners. and unless a declaration and a survey map and plans have been recorded pursuant to RCW 64.32. minium. (Ord. 4351, 5 4 1992) CONDOMINIUM CONVERSIONS: The filing of a declaration pursuant to the Horizontal Property Regimes Act. of the sale by a developer of condominium units that were previously rental units. CONFERENCE CENTERS: Facilities where large gatherings of people converge to meet on a variety of subjects. These facilities are characterized by one large space where exhibits are set up and numerous adjoining meeting rooms. This definition excludes Sports stadiums, auditoriums. and exhibition halls. chapter 11_amend.doc 4-11-16 December 11, 2001 RMC 4-11 CONSERVANCY: A Shoreline Master Program land use designation identifying an area to be managed in essentially its natural state while providing for a moderate to low intensity of land uses surrounding the area. (Ord. 4346, 3-9-1992) CONSOLIDATED APPEAL: The procedure requiring a person to file an agency appeal challenging both procedural and substantive compliance with SEPA at the same time, as provided under RCW • aspects of the appeal (WAC 197 11 680). (Ord. 3891, 2-25-1985)[Editor's Note: SEPA Term) CONSTRUCTION ACTIVITIES: Construction and all activities associated with construction, to include, but not be limited to, construction, remodeling, repair, and maintenance of structures, equipment, roads, and utilities; mining; grading; landfilling; and excavating. Construction activities may be regulated by permits issued by the City including, but not limited to, public works construction permits, building permits, and mining, excavation, and grading permits and licenses. (Ord. 4851, 8-7-2000) CONSTRUCTION/CONTRACTORS OFFICE: An area where a construction contractor maintains its office or a permanent business office, as well as storage for equipment and materials for the construction and landscaping trades. CONSTRUCTION WASTE: Building materials and other wastes associated with construction projects including, but not limited to, such materials as wood, concrete, drywall, masonry, roofing, siding, structural metal, wire, insulation, plastics, Styrofoam, twine, baling and strapping materials, cans, buckets, CONTAINMENT DEVICE: A device that is designed to contain an unauthorized release, retain it for cleanup and prevent released materials from penetrating into the ground. (Ord. 4851, 8-7-2000) CONTAMINANT: See RMC 4-6-100. CONTIGUOUS PROPERTIES: Properties sharing a property line. CONTINUOUS MONITORING: See RMC 4-5-120G. CONVALESCENT CENTERS/NURSING HOMES: Residential f Facilities for patients who are recovering health and strength after illness, or receiving long-term care for chronic conditions, disabilities.,(mental or physical) or terminal illness where care includes on-going medical or psychiatric treatment, including hospices, and extended care facilities_, This definition does not include retirement residences, adult family homes, group homes I or II, or medical institutions. CONVERSION OF COOPERATIVE: The execution of a lease agreement which formerly contained rental dwelling-units: CONVERTED BUILDING: Any condominium or cooperative which formerly contained rental dwelling units. (Ord. 4351, 5-4-1992) COOPERATIVE: Any existing structure, including surrounding land and improvements, which contains one or more dwelling units and which: (a) is owned by an association organized pursuant to the Cooperative Association Act (chapterRCW 23.86 RCW); or (b) is owned by an association with resident shareholders who are granted renewable leasehold interests in housing units in the building. chapter 11_amend.doc 4-11-17 December 11, 2001 RMC 4-11 COOPERATIVE UNIT: Any dwelling unit in a cooperative. (Ord. 4351, 5-4-1992) COPY: The graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form. (Ord. 4720, 5-4-1998) CORRIDOR: A strip of land forming a passageway between two (2) otherwise separate parts. Shoreline Master Program (Ord. 3758, 12-5-1983, Revised 7-22-1985 (Minutes), 3-12-1990 (Resolution 2787), 7- 16-1990 (Resolution 2805), 9-13-1993 (Minutes) and Ord. 4716,4-13-1998) COST-BENEFIT ANALYSIS: A quantified comparison of costs and benefits generally expressed in monetary or numerical terms. It is not synonymous with the weighing or balancing of environmental and other impacts or benefits of a proposal. (Ord. 3891, 2-25-1985) COUNTY AUDITOR: As defined in chapter RCW 36.22 RCW or the office of the person assigned such duties under the King County Charter. (Ord. 4522, 6-5-1995) town as a unit. The delegation of a county, city, or town is left to the legislative or charter authority of the individual counties, cities, or towns. (Ord. 3891, 2 25 1985) CREEK: See STREAM, RIVER, CREEK, OR WATERCOURSE. sufficiently to produce a defined channel or bed. 1992} CRITICAL AREAS: Areas of the City that may determined by the City to be not be suitable for development and which are subject to the City's critical areas regulations including very high landslide hazard areas, protected slopes, wetlands, aquifer recharge areas, fish and wildlife habitat, shorelines, or floodways. (Amd. Ord. 4835, 3-27-2000) CRITICAL FACILITY: A facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to schools, nursing homes, hospitals, police, fire and emergency response installations, and facilities that produce, use or store hazardous materials or hazardous waste. (Ord. 4851, 8-7-2000) CRITICAL HABITAT, OR CRITICAL WILDLIFE HABITAT: Habitat areas associated with threatened, endangered, sensitive, monitored, or priority species of plants or wildlife and which, if altered, could reduce the likelihood that the species wiouldi maintain and reproduce over the long term. See also RMC 4-3-050B5b. (Ord. 4835, 3-27-2000) CROSS CONNECTION: See RMC 4-6-100. CUL-DE-SAC: A short street having a maximum length of 700 feet, with one end open to traffic and being terminateding at the other end by a vehicular turn-around. (Ord. 4522, 6-5-1995) CULTURAL FACILITIES: Facilities which offer passive entertainment and enjoyment activities to the general public. This definition includes. but is not limited to, museums and libraries. This definition excludes adult entertainment businesses. dance halls: dance clubs: religious institutions: and gaming/gambling facilities. 144110 chapter 11_amend.doc 4-11-18 December 11, 2001 RMC 4-11 CURB: A vertical curb and gutter section constructed from concrete. (Ord. 4521, 6-5-1995) *Ns., CURB LINE: The line at the face of the curb nearest to the street or roadway. In the absence of a curb, the curb line shall be established by the City Engineer. (See SETBACK LINE, LEGAL.) (Ord. 3719, 4-11- 1983, Amd. Ord. 4577, 1-22-1996) 4-11-040 DEFINITIONS D: DANCE CLUB: Any facility, restricted to adults over 21 years of age, at which dancing occurs, as a primary form of entertainment. This definition excludes adult entertainment businesses, entertainment clubs, and gaming/gambling facilities, dance halls and other establishments 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 Title V of the Renton Municipal Code and require a license to operate. This definition excludes adult entertainment businesses, dance clubs, entertainment clubs, and gaming/gambling facilities. DANGEROUS BUILDING: All buildings or structures whichthat have one or moreany or all of the following defects shall be deemed dangerous buildings: A. Whenever the building or structure, or any portion thereof, because of (1) dilapidation, deterioration, or decay; (2) faulty construction; (3) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (4) the deterioration, decay, or inadequacy of its foundation; or(5) any other cause,is subject to structural failure under its design usage. B. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become (1) an attractive nuisance to children; (2) a harbor for vagrants, criminals or immoral persons; or as to (3) enable persons to resort thereto for the purpose of committing unlawful or immoral acts. C. Whenever a building or structure, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise is determined by the City or County Heath Officer to be unsanitary, unfit for human habitation,or in such a condition that it is likely to cause sickness or disease. D. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause is determined to be a fire hazard. E. Whenever any portion of a building or structure remains on a site after the-demolition or destruction or whenever any building or structure is vacant and open to unauthorized entry for a period in excess of six (6) months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. F. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third (1/3) of the base. G. Whenever the building or structure, exclusive of the foundation, shows thirty three percent (33%) or more damage or deterioration of its supporting member or members, or fifty percent (50%) damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings. H. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the City's Uniform Building Code, as then in force or as same may be amended from time to time, for new buildings of similar structure, purpose or location. I. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or '""" dislodged, or to collapse and thereby injure persons or damage property. (Ord. 2520, 11-17-1969, chapter 11_amend.doc 4-11-19 December 11, 2001 RMC 4-11 Amd. Ord. 2698, 3-6-1972) DAY CARE CENTER: A day care operation licensed 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 non- residential structure. DAY CARE, FAMILY, HOME: A day care operation licensed by the State of Washington (WAC 388-73- 014), caring for twelve (12) or fewer children in any twenty four (24) hour period within the caregiver's place of residence. DECISION--MAKER: The agency official or officials who make the agency's decision on a proposal. The decision maker and responsible official are not necessarily synonymous, depending on the agency and its SEPA procedures (WAC 197-11-906 and 197-11-910). (Ord. 3891, 2-25-1985) DEDICATION: A deliberate appropriation of land by its owner for any general and public uses, reserving to himself/herself no other rights than such as are compatible with the full exercises and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentationment for filing of a final plat showing the dedication thereof or a submittal of Deed of Dedication to the City of Renton; and, the acceptance by the public shall be evidenced by the approval of such plat for filing by the City Council or approval by City Council of the Deed of Dedication. DEED OF DEDICATION: A formal dedication of right-of-way or easement to the City, to be approved by City Council. (Ord. 4522, 6-5-1995) • DENSITY, GROSS: A measure of population, housing units, or building area related to land area, and .4400 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 and public rights-of-way and legally recorded private access easements, serving three (3) or more dwelling units, are subtracted from the gross area (gross acres minus streets and critical areas multiplied by allowable housing units per acre). Required critical area buffers and public and private alleys shall not be subtracted from gross acres for the purpose of net density calculations. (Amd. Ord. 4835, 3-27-2000; Ord. 4851, 8-7-2000) DEPARTMENT: The Planning/Building/Public Works Department of the City of Renton. (Ord. 4637, 9-14- 1992; Ord. 4521, 6-5-1995; Ord. 4346, 3-9-1992; Ord. 4522, 6-5-1995) DEPARTMENT ADMINISTRATOR: See ADMINISTRATOR. DEPENDENT TRAILER: A trailer which does not have a private toilet and bathtub or shower. (Ord. 3746, 9-19-1983)- DESIGNATED ZONE FACILITY: Any hazardous waste treatment and storage facility that requires an interim or final status permit under rules adopted under ehapteiRCW 70.105 RCW and that is not a "preempted facility"as defined in RCW 70.105.010. DETENTION/RETENTION FACILITIES: Facilities designed either to hold runoff for a short period of time and then releaseine 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 and then consuming it by evaporation, evapotranspiration by plants,or infiltration into the ground. (Ord. 4367, 9-14-1992) *4100 chapter 11_amend.doc 4-11-20 December 11, 2001 RMC 4-11 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. (Ord. 3891, 2-25-1985) - DETERMINATION OF NONSIGNIFICANCE, MITIGATED (MDNSM): A DNS that includes mitigation 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 significant adverse environmental impact, and therefore 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. (Ord. 3891, 2-25-1985) DEVELOPABLE AREA: Land area outside of critical areas, critical area buffers. and public rights-of- waydelineated otlands anda wotland uffe•s that is otherwise developable_, taking into consideration steep slopes, unstable soil, etc. (Ord. 4346, 3 9 1992) DEVELOPER: (For purposes of condominium conversion provisions only.) Any person, firm, partnership, thereto who (a) undertakes to convert, sell, or offer for sale-condominium units, or (b) undertakes to DEVELOPER: (For purposes of manufactured home park provisions only.) The person, firm or corporation developing a mobile park or a trailer park. (Ord. 3746, 9 19 1983) DEVELOPMENT: The division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance and any use or extension of the use of land. DEVELOPMENT: (For purposes of flood hazard regulations only.) Any manmade change to improved or , mining, dredging, filling, /1071, 6 1 1987) 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 normal public use of the surface of the waters overlying lands subject to the Act at any state of water level. Shoreline Master Program (Ord. 3758, 12-5-1983, Revised 7-22-1985 (Minutes), 3-12-1990 (Resolution 2787), 7-16-1990 (Resolution 2805), 9-13-1993 (Minutes), and Ord. 4716, 4-13-1998) DEVELOPMENT COVERAGE: All developed surface areas within the subject property including but not areas. chapter 11_amend.doc 4-11-21 December 11, 2001 RMC 4-11 • • DEVELOPMENT PERMIT: Written permission after appropriate review for type of application from the appropriate decision-maker authorizing the division of a parcel of land, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure, utility, or any use or extension of the use of the land. (Ord. 4835, 3-27-2000) DEVELOPMENT PERMIT: For purposes of the critical areas regulations, RMC 4 3 050, a permit ruction, reconstruction, DISPLAY SURFACE: The area made available by the sign structure for the purpose of displaying the advertising message. (Ord. 4367, 9-14-1992) DIVISION OF LAND: The subdivision of any parcel or parcels of land into two (2) or more parcels. (Ord. 4522, 6-5-1995) DOCK: A fixed or floating platform extending from the shore over the water. Shoreline Master Program (Ord. 3758, 12-5-1983, Revised 7-22-1985 (Minutes), 3-12-1990 (Resolution 2787), 7-16-1990 (Resolution 2805), 9-13-1993 (Minutes) and Ord. 4716, 4-13-1998) • a 995) , DOUBLE CHECK VALVE ASSEMBLY: See RMC 4-6-100. DOUBLE-WALLED: See RMC 4-5-120G. DOWNTOWN CORE AREA: See Map Exhibit in RMC 4-2-080C.That area bounded by the centerlines of • , , • . DOWNTOWN PEDESTRIAN DISTRICT: See Map Exhibit in RMC 4-2-080D. Those uses, buildings and walkways along either side of South Third Street between Burnett Avenue South and Main Avenue South, and along either side of Wells Avenue South between South Second Street and Houser Way South. (Ord. 4466, 8-22-1994) DRAINAGE AREA: The total area whose drainage water flows to and across the subject property. (Ord. 4367, 9-14-1992) DRAINAGE PLAN: The plan for receiving, handling, transporting surface water within the subject property. chapter 11_amend.doc 4-11-22 December 11, 2001 RMC 4-11 DREDGING: The removal of earth from the bottom or banks of a body of water. Shoreline Master `r... Program (Ord. 3758, 12-5-1983, Revised 7-22-1985 (Minutes), 3-12-1990 (Resolution 2787), 7-16-1990 (Resolution 2805), 9-13-1993 (Minutes) and Ord. 4716, 4-13-1998) 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. (Ord. 4351, 5-4-1992) • encourages o their motor vehicles. DRIVE-IN/DRIVE-THROUGH SERVICE: A business or a portion of a business where a customer is permitted or encouraged either by the design of physical facilities or by service and/or packaging procedures, to carry on business in the off-street parking or paved area accessory to the business. while seated in a motor vehicle. In some instances, customers may need to get out of the vehicle to obtain the product or service. This definition shall include but not be limited to fast-food restaurants, espresso stands, and drive-in services at banks and pharmacies. This definition excludes vehicle service and repair, vehicle fueling stations, and car washes. DUPLEX: (Deleted by Ord. 4773, 3 22 1999) DWELLING, MULTI-FAMILY: A—Dwelling Unit, Attached: A one-family dwelling attached to one or more one-family dwellings by common roofs, walls, or floors. This definition does not include retirement residences, boarding and lodging houses, accessory dwelling units, adult family homes, group home I or group home II as defined herein. (Ord. 4773, 3-22-1999) AB. 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. (Ord. 4773, 3-22-1999) BG.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 another unit, and each unit is separated from any other unit by one or more vertical common walls. Typically the units are multi-story. (Ord. 4773, 3-22-1999) C. Carriage House: One or more accessory 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. DWELLING, SINGLE FAMILY: A. 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. (Ord. 4773, 3-22-1999) B. Dwelling, Semi-Attached: A one-family dwelling attached to only one other one-family dwelling at secondary or ancillary building parts such as garages, carports, trellises, porches, covered decks, or other secondary connection approved by the City, and not connected at building parts containing living areas. (Ord. 4773, 3-22-1999) DWELLING UNIT: A structure or portion of a structure designed, occupied or intended for occupancy as separate living quarters with cooking, sleeping and sanitary facilities provided for the exclusive use of a single household. chapter 11_amend.doc 4-11-23 December 11, 2001 RMC 4-11 ,4010, DWELLING UNIT, ACCESSORY: An independent subordinate dwelling unit contained within a single- family detached dwelling or its accessory detached garage. The unit shall be used to house family members related to the property owner or an employee of the property owner. DWELLING UNIT, ATTACHED: {Deleted by Ord. 4773, 3 22 1999)See DWELLING UNIT, MULTI- FAMILY. 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. (Ord. 2820, 1-14-1974) EASEMENT: A grant by the property owner of the use or protection of a piece of land by the public, corporation, or persons for specific purposes. (Ord. 4835, 3-27-2000) EASEMENT, ACCESS: An easement created for the purpose of providing vehicular or pedestrian access to a property. (Ord. 4521, 6-5-1995) (Moved from ACCESS EASEMENTI EASEMENT, CONSERVATION: A easement held by the City, a public or nonprofit entity approved by the City for the express purpose of protecting and conserving critical areas and their buffers in accordance with the provisions of the Renton Municipal Code. (Ord. 4835, 3-27-2000) EASEMENT, PROTECTIVE: An easement held by the property owner for the express purpose of protecting critical areas and their buffers (Ord. 4835, 3-27-2000) EATING AND DRINKING ESTABLISHMENT: Retail establishments selling food and/or drink for consumption on the premises, for take-out, or drive-through. This definition includes, but is not limited to, restaurants, cafes, fast-food, microbrew establishments, and espresso stands. This definition excludes taverns; entertainment clubs; dance clubs; and/or dance halls. ECONOMIC DEVELOPMENT: A development which provides a service, produces a-goods or a product, retails a commodity, or emerges in any other use or activity for the purpose of making financial gain. Shoreline Master Program (Ord. 3758, 12-5-1983, Revised 7-22-1985 (Minutes), 3-12-1990 (Resolution 2787), 7-16-1990 (Resolution 2805), 9-13-1993 (Minutes) and Ord. 4716, 4-13-1998) EDUCATION INSTITUTION, HIGHER, OTHER: A public or private school, college or university that provides post-secondary professional education and/or continuing education programs. This definition does not include trade or vocational schools, K-12 educational institutions, or arts and crafts schools and studios. 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 facilities onsite or in a district. Electrical power cogeneration is the simultaneous production of electricity and useful heat from the same fuel or energy. Facilities with cogeneration systems use them to produce their own electricity, and use the unused excess (waste) heat for process steam. hot water heating, space heating, and other thermal needs. They may also use excess process heat to produce steam for electricity production. chapter 11_amend.doc 4-11-24 December 11,2001 RMC 4-11 /1851, 8 7 2000) EMERGENCIES: Actions that must be undertaken immediately or within a time frame too short to allow full compliance with this Title to avoid an immediate threat to public health or safety, to prevent an imminent threat of serious environmental degradation. (Ord. 4346, 3-9-1992) ENGINE OR TRANSMISSION REBUILD, INDUSTRIAL: An operation which rebuilds, reconditions, or customizes engines or transmissions which are sold to vehicle service and repair operations or to individual customers for installation into vehicles off site. (Ord. 4715, 4-6-1998) ENGINEERING GEOLOGIST: See GEOTECHNICAL ENGINEER. A geologist experienced and knowledgeable in engineering geology. (Ord. 2820, 1-14-1974) ENGINEERING GEOLOGY: The application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works. (Ord. 2820, 1-14-1974) ENGINEERING GEOLOGY REPORT: See GEOTECHNICAL REPORT. A report including an adequate ENHANCEMENT ACTIVITIES: Removal of noxious or intrusive species, plantings of appropriate native species and/or removal of diseased or decaying trees which pose a clear and imminent threat to life or property. Enhancement activities shall not involve the use of mechanical equipment. Enhancement activities may include the removal of pests which pose a clear danger to public health provided that such danger is certified by the King County Department of Public Health. (Ord. 4351, 5-4-1992) • ENTERTAINMENT CLUB: Any facility where live entertainment including but not limited to live theater; dance performances; musical performances; comedy routines; book/poetry readings; and other forms of live entertainment are conducted. This definition excludes adult entertainment businesses; movie theaters; dance clubs; dance halls: taverns: and eating and drinking establishments. ENTERTAINMENT/MEDIA RENTALS: A business consisting of rental of entertainment media including but not limited to videos, DVDs, and video games. This definition includes accessory retail sales of entertainment media as well as foodstuff. This definition does not include adult retail uses. RCW 43.21C.110(1)(f). Environment and environmental quality refer to the state of the environment and arc synonymous as used in these rules and refer basically to physical environmental quality. fSEPA term) • 3fSEPA term] ENVIRONMENTAL DOCUMENT: Any written public document prepared under this Chapter. Under {unlike various other State or Federal environmental impact procedures).fSEPA term] ENVIRONMENTAL IMPACT STATEMENT (EIS): The term `detailed statement" in RCW 43.21 C.030(2)(c) refers to a final EIS. The term "EIS, as , sed in these rules refers to draf+ final . pplernen-al ElSs (WAC 1-97-11.405) (Ord 3891 -25-198 fSEPA terml chapter 11_amend.doc 4-11-25 December 11, 2001 RMC 4-11 JSEPA terml ENVIRONMENTAL REVIEW COMMITTEE (ERC): The Environmental Review Committee as defined by RMC 4-9-070G, is the SEPA Responsible Official Authority. The Environmental Review CommitteoERC 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, required environmental impact statement (EIS), and perform 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. • and perform any other functions assigned to the "lead agency" or"responsible offsc I" h„ +ham, SE—R ules renco in WAC 1 ENVIRONMENTALLY CRITICALSENSITIVE AREAS: An area designated and mapped by the City under WAC 197-11-908. ENVIRONMENTALLY SENSITIVE AREAS MAP FOLIO: These maps and applicable definitions are ENVIRONMENTALLY SENSITIVE AREAS — SEVERE: As mapped and defined in the Environmentally Sensitive Areas map folio available in the Development Services Division, an area or portion of a site which is shown to contain one or more of the following natural features: - Slopes 15—2-540%, with Class 3 Landslide Hazard and Severe Erosion Hazard - Slopes 25 40%, with Class 3 Landslide Hazard and Severe Erosion Hazard - Wetlands and Class 3 Earthquake Hazard ENVIRONMENTALLY SENSITIVE AREAS — VERY SEVERE: As mapped and defined in the Environmentally Sensitive Areas map folio available in the Development Services Division, an area or portion of a site which is shown to contain one or more of the following natural features: - Slopes 40% and Over or - Lands Within the 100-Year Floodway • • EROSION: The wearing away of the ground surface as a result of the movement of wind, water and/or ice. (Ord. 2820, 1-14-1974) ESSENTIAL HABITAT: Habitat necessary for the survival of Federally listed threatened, endangered, and sensitive species and State listed priority species. (Ord. 4346, 3-9-1992) EVICTION: Any effort by a developer to remove a tenant from the premises or terminate a tenancy by lawful or unlawful means. (Ord. 3366 10-15-1979) EXCAVATION: The mechanical removal of earth material. (Ord. 2820, 1-14-1974) . chapter 11_amend.doc 4-11-26 December 11, 2001 RMC 4-11 • ditches, irrigation systems including irrigation laterals, canals or irrigation drainage ditches, changes ogram, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity. Forest practices are not included in this definition. (Ord. 4346, 3-9 1992) EXISTING UNDERGROUND STORAGE FACILITY: See RMC 4 5 120G. EXISTING LEGAL USE: The use of a lot or structure at the time of enactment of a zoning or other land use regulationordinance. EXOTIC: Any species of plants or animals that are not indigenous to the planning area. (Ord. 4346, 3-9- 1992) EXPANDED SCOPING: An optional process that may be used by agencies to go beyond minimum scoping requirements. (Ord. 3891, 2-25-1985) EXPRESS TRANSPORTATION SERVICES: Services which provide rapid delivery (i.e., overnight, 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 associated areas for sorting and handling packages and documents, and accessory administrative offices. 4-11-060 DEFINITIONS F: FACILITY: (For purposes of aquifer protection area regulations contained in RMC 4-3-050, Critical Area Regulations) All contiguous land within an APA, structures, other appurtenances, and improvements on the land and operations therein including, but not limited to, business, government, and institutional activities where hazardous materials are stored, handled, treated, used or produced in quantities greater than the de minimus amounts specified in RMC 4-3-050C6a(ii)(1), Activities Exempt from Specified Aquifer Protection Area Requirements. (Ord. 4851, 8-7-2000) FAMILY: Any number of related individuals, or not more than four(4) unrelated individuals, living together as a single household. FARMING: The cultivation, production and maintenance of plants and animals for commercial or personal uses. FEDERAL MANUAL FOR IDENTIFYING AND DELINEATING JURISDICTIONAL WETLANDS: (Deleted by Ord. 1835, 3 27 2000) FILL: A deposit of earth material placed by artificial means. (Ord. 2820, 1-14-1974) FINAL PLAT: See PLAT, FINAL. FIRE DEPARTMENT:The Renton Fire Department. FIRE FLOW: The measures 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 Marshal or his/her appointee. (Ord. 3541, 5-4-1981) 44.00, chapter 11_amend.doc 4-11-27 December 11, 2001 RMC 4-11 FLAT: See DWELLING, MULTI-FAMILY. FLOOD or FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from: A. The overflow of inland or tidal waters, and/or B. The unusual and rapid accumulation of runoff of surface waters from any source. (Ord. 4071, 6-1- 1987) FLOOD CONTROL: Any undertaking for the conveyance, control, and dispersal of flood waters. Shoreline Master Program (Ord. 3758, 12-5-1983, Revised 7-22-1985 (Minutes), 3-12-1990 (Resolution 2787), 7- 16-1990 (Resolution 2805), 9-13-1993 (Minutes) and Ord. 4716, 4-13-1998) FLOOD INSURANCE RATE MAP (FIRM): The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. 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. (Ord. 4071, 6-1-1987) FLOOD, ONE HUNDRED (100) YEAR: The maximum flood expected to occur during a one-hundred (100) year period. Shoreline Master Program (Ord. 3758, 12-5-1983, Revised 7-22-1985 (Minutes), 3-12- 1990 (Resolution 2787), 7-16-1990 (Resolution 2805), 9-13-1993 (Minutes) and Ord. 4716, 4-13-1998) FLOODPLAIN: The area subject to a one hundred (100) year flood. Shoreline Master Program (Ord. 3758, 12-5-1983, Revised 7-22-1985 (Minutes), 3-12-1990 (Resolution 2787), 7-16-1990 (Resolution 2805), 9-13-1993 (Minutes) and Ord. 4716, 4-13-1998) FLOODWAY: The channel of river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot (1'). (Ord. 4071, 6-1-1987). [Two definitions of floodwayl FLOODWAY: For purposes of determining the jurisdiction of the Shoreline Master Program in conjunction with the definition of "shoreland", "floodway" means those portions of the area of a river valley lying streamward from the outer limits of a watercourse upon which flood waters are carried during periods of flooding that occur with reasonable regularity, although not necessarily annually, said floodway being identified, under normal condition, by changes in surface soil conditions or changes in types or quality of vegetative ground cover condition. The floodway shall not include those lands that can reasonably be expected to be protected flood waters by flood control devices maintained by or maintained under license from the Federal Government, the State, or a political subdivision of the State. Shoreline Master Program (Ord. 3758, 12-5-1983, Revised 7-22-1985 (Minutes), Resolution 2787, 3-12-1990, Resolution 2805, 7- 16-1990, Revised 9-13-1993 (Minutes), Ord. 4716, 4-13-1998) [Two definitions of floodwayl FLOOR AREA: The sum of the gross horizontal areas of all floors of a building measured from the exterior face of each wall„ or from the centerline of a comm less than six feet (6'). Ft.QQR-AREA, GROSS: For the purpose of computing required parking space, gross floor area--shall-be defined-as-the-main-areas-of-the-building that arc occupied. It does not-i used b t-roams, stairs, sha s and mechaRisal rooms. (Ord. 4517, 5 8 1995) FLOOR AREA, NET: The total of all floor area of a building, excluding stairwells, elevator shafts, chapter 11_amend.doc 4-11-28 December 11, 2001 RMC 4-11 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. FRONT YARD: See YARD REQUIREMENT. FUEL DEALERS:Wholesale distribution of fuels with associated bulk fuel storage. FUELING STATION, VEHICLE: 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, eating and drinking, car washes, and small vehicle service and repair. FWPCA: See RMC 4-6-100. 4-11-070 DEFINITIONS G: GAMING/GAMBLING FACILITIES, FOR PROFIT: Facilities operated by a for-profit entity where any type of gaming or gambling is the primary attraction. GAMING/GAMBLING FACILITIES, NOT-FOR-PROFIT: Facilities operated by a not-for-profit entity where any type of gaming or gambling is the primary attraction. GARAGE, PRIVATE: A roofed structure enclosed on four sides, without interior parking aisles, for the purpose of storing motor vehicles. (Ord. 4854, 8-14-2000) GARAGE SALE: All general sales open to the public conducted on a residential premises to dispose of personal property, including all sales entitled "lawn", `yard", "attic", "porch", "room", "backyard", "patio", "flea market"or"rummage sale". GARBAGE: See REFUSE. 1998) GEOLOGICALLY HAZARDOUS AREAS: 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 4-3-050B4. (Amd. Ord. 4835, 3-27-2000) GEOTECHNICAL ENGINEER: A geologist experienced and knowledgeable in engineering geology. GEOTECHNICAL REPORT: A report including an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development. GOLF COURSE: An area designed and used for playing golf. including all accessory uses incidental to the operation of the facility. This definition excludes outdoor recreational facilities, neighborhood parks. and community/regional parks. GOVERNMENT FACILITIES, CITY: Facilities of any unit of city government. Types of facilities include community centers, public works maintenance facilities, courts of law, and other types of municipal chapter 11_amend.doc 4-11-29 December 11, 2001 RMC 4-11 facilities. This definition excludes offices, jails, parks, transit centers, park & rides, sewage treatment plants, or municipally-owned golf course or airports, and libraries. GOVERNMENT FACILITIES, OTHER: Facilities of any unit of county, state, federal, or special district government. Types of facilities include community 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 district, 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. GRADE:The vertical location of the ground surface. GRADE, EXISTING: The vertical elevation of the ground surface prior to excavating or filling. GRADE, FINISH: The surface level of the ground after completion of all gradinq.final grade of the site GRADING: An excavating or filling or combination thereof. A. Regular Grading: Any grading that involves five thousand (5,000) cubic yards or less of material. B. Engineered Grading: Any grading that involves more than five thousand (5,000) cubic yards of material. (Ord. 2820, 1-14-1974) GREENBELT: An area designated in the Land Use Element of the Comprehensive Plan intended for GRID-LIKE STREET PATTERN (OR FLEXIBLE GRID): A street system based upon a standard grid pattern (i.e., checkerboard blocks); however, offset intersections, loop roads, and cul-de-sacs 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 trapezoidal) blocks and irregular polygons do not predom+rRate. (Ord. 4636, 9-23-1996) GROUND COVER: SmalfLow 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 orderly appearing property so long as such activities do not disturb the root structures on the plants. Ground cover management shall include the removal of vegetative debris from the property. (Ord. 4351, 5-4- 1992) GROUNDWATER:Water below the land surface in the zone of saturation. (Ord. 4851, 8-7-2000) GROUNDWATER MONITORING PROGRAMTAN: A plan containing procedures to be followed to assess ground water quality for concentrations of those chemicals identified in the operating permit. (Ord. 4851, 8-7-2000) GROUNDWATER MONITORING WELL: A small-diameter well installed for purposes of sampling and monitoring ground water. (Ord. 4851, 8-7-2000) GROUP FAMILY HOUSEHOLD: A group of individuals 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. Noisd chapter 11_amend.doc 4-11-30 December 11, 2001 RMC 4-11 GROUP HOME I (REHABILITATION): A facility or dwelling unit housing persons, unrelated by blood or marriage and operating as a group family household. A rehabilitative group home may include halfway houses and substance abuse recovery homes. GROUP HOME II (PROTECTIVE RESIDENCY): A facility or dwelling unit housing persons, including 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 independently as possible. A protective residency may include disabledhandicapped (mentally and physically) persons, foster children care, abusedbattered women shelters, 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. GROUP QUARTERS: A dwelling that is a residence for more th fraternities, sororities, dormitories, barracks, etc. GROWTH, F prepared by the Puget Sound Regional Council based on defined assumptions and generally accepted scientific methods. 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). GROWTH TARGETS, LOCAL: Twenty (20) year goals for population and employment growth allocated to year period. 4-11-080 DEFINITIONS H: HAZARDOUS MATERIALS: Those chemicals or substances which are physical or health hazards as defined and classified in Article 80 of the Uniform Fire Code as adopted or amended by the City whether the materials are in usable or waste condition; and any material that may degrade groundwater quality when improperly used, stored, disposed of, or otherwise mismanaged. RMC 4-3-050R, Generic Hazardous Materials List, provides a list of common substances that may be hazardous materials. Article VI-A of the Uniform Fire Code provides further information, explanations, and examples of hazardous materials. (Ord. 4851, 8-7-2000) HAZARDOUS MATERIALS INVENTORY STATEMENT: A form provided by the Department or the Fire Prevention Bureau and completed by a facility owner that provides specified information regarding hazardous materials at the facility.(Ord. 4851, 8-7-2000) 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 chapterRCW 70.105 RCW. HAZARDOUS WASTE: All dangerous and extremely hazardous waste, except for moderate-risk waste, as defined in RCW 70.105.010. HAZARDOUS WASTE TREATMENT AND STORAGE FACILITY, OFF-SITE: A designated zone facility # site facility is located. HAZARDOUS WASTE TREATMENT AND STORAGE FACILITY, ON SITE: A designated zone facility chapter 11_amend.doc 4-11-31 December 11, 2001 RMC 4-11 which treats or stores wastes generated on the same site, including propertic^ m ans of use, access or development. 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 the City ordinance creating the Hearing E. minerRMC 4-8, and prepares a record, findings of fact and conclusions on such applications. (Ord. 4522, 6-5-1995) HEARINGS BOARD: The Shorelines Hearings Board established by the Act. Shoreline Master Program (Ord. 3758, 12-5-1983, Revised 7-22-1985 (Minutes), 3-12-1990 (Resolution 2787), 7-16-1990 (Resolution 2805), 9-13-1993 (Minutes) and Ord. 4716, 4-13-1998) HEIGHT: See BUILDING HEIGHT and SIGN HEIGHT. HELIPORT: Any landing-designated area used for the landing and take off of helicopters for the purpose of picking up and discharging passengers or cargo, excluding fueling, refueling or service facilities. Helipads are included within this definition. • unity. HIGH OCCUPANCY VEHICLE (HOV): A vehicle carrying more than cornea given minimum number of people (usually two (2) or three (3) persons). (Ord. 4517, 5-8-1995) HIGH RISE: A structure exceeding seventy five feet (75') in height. Shoreline Master Program (Ord. 3758, 12-5-1983, Revised 7-22-1985 (Minutes), 3-12-1990 (Resolution 2787), 7-16-1990 (Resolution 2805), 9- 13-1993 (Minutes) and Ord. 4716, 4-13-1998) [This is a Shoreline definition that only exists here in definitions.] HILLSIDE: An inclined landform which may include one or more classes of slope: steep (sensitive and/or protected) and non-steep (i.e., less than twenty five percent (25%)). (Ord. 4835, 3-27-2000) 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. (Ord. 4522, 6-5- 1995, Amd. Ord. 4522, 6-5-1995) HOME OCCUPATION: Any commercial use conducted entirely within a dwelling or accessory structure and carried on by persons residing in that dwelling unit, but-which is clearly incidental and secondary ferto the use of the dwelling as a residence. HOMEOWNERS' ASSOCIATION: An incorporated nonprofit organization formed or qualified under the laws of the State of Washington, operating under recorded land agreements through which, (a) each landet owner is automatically a member, and (b) each land ownerlot is automatically subject to a proportionate share of the expenses for the organization's activities, such as maintaining common property and facilities, and (c) such charge, if unpaid, becomes a lien against the properly of the land owner. (Ord. 4522, 6-5-1995) HOTEL: A building or portion thereof designed or used for transient rental of six (6) or more units 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 & breakfasts, or motels. al--restraint or requiring medical attention or staid chapter 11_amend.doc 4-11-32 December 11, 2001 RMC 4-11 safe. (Ord. 4665, 5-19-1997) HOUSEHOLD: A family living together in a single dwelling unit with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit. rily kept for personal use or enjoyment within the home, including dogs, cats, rodents, domestic tropical birds or fish and other si uced by any of the animals. HUMAN SCALE ELEMENTS: Architectural elements such as railings, windows with multiple panes, doorways, or fences, that are scaled for human use and conveys the idea of human activity or human occupancy. (Ord. 4821, 12-20-1999) 4-11-090 DEFINITIONS I: sign for purposes of illumination. ILLUMINATION, INTERNAL: A light source that is concealed or contained within atho sign and becomes visible in darkness through a translucent surface. ILLUMINATION, TUBE: A light source supplied by a tube thatwlq-ish is bent to form letters, symbols, or other shapes. Tube illumination does not include exposed fluorescent lights. (Ord. 4720, 5-4-1998) IMPACTS: The effects or consequences of actions. Environmental impacts are effects upon the elements of the environment listed in WAC 197-11-444. (Ord. 3891, 2-25-1985) IMPERVIOUS SURFACE: Any material that substantially reduces or prevents the infiltration of stormwater into the surface of the ground, including graveled surfaces . IMPORTED FILL: Earth material acquired from an off-site location for use in grading on a site. (Ord. 4740, 7-19-1999) INCOMBUSTIBLE AND NONCOMBUSTIBLE MATERIAL: Incombustible and noncombustible as applied to building construction material means a material which, in the form in which it is used, is either one of the following: A. Material of which no part will ignite and burn when subjected to fire. Any material conforming to U.B.C. Standard No. 4-1 shall be considered noncombustible within the meaning of this Section. B. Material having a structural base of noncombustible material as defined in subsection A above, with a surfacing material not over one-eighth inch (1/8")thick which has flame-spread rating of 50 or less. "Noncombustible" does not apply to surface finish materials. Materials required to be noncombustible for reduced clearances to flues, heating appliances, or other sources of high temperature shall refer to material conforming to subsection A above. No material shall be classed as noncombustible which is subject to increase in combustibility of flame-spread rating beyond the limits herein established, through the effects of age, moisture or other atmospheric condition. "Flame-spread rating" as used herein refers to rating obtained according to tests conducted as specific in U.B.C. Standard No. 42-1. (Ord. 3719, 4-11-1983, Amd. Ord. 4577, 1-22-1996) INDUSTRIAL USE: A type of land use characterized by production, manufacturing, distribution or chapter 11_amend.doc 4-11-33 December 11, 2001 RMC 4-11 fabrication activities. INDUSTRIAL USE, HEAVY: A type of land use including manufacturing processes using raw materials, extractive land uses or any industrial uses which typically are incompatible with other uses due to noise, odor, toxic chemicals, or other activities posing a hazard to public health and safety. 'Editor's Note: Currently not defined anywhere else] INDUSTRIAL USE, LIGHT: A type of land use including small scale or less intensive production manufacturing, distribution or fabricating activities. May also include office and supporting convenience 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. INTERVAL: An interval is the measure of articulation —the distance before architectural elements repeat. (Ord. 4821, 12-20-1999) 4-11-100 DEFINITIONS J: (Reserved) 4-11-110 DEFINITIONS K: KENNEL: A commercial facility for the care and/or breeding of ogs;and/or cats Of or pet shops. KENNEL, HOBBY: A facility for the care and/or breeding of four (4) to eight (8) adult dogs, cats or combination of dogs and cats, older than four (4) months in age, excluding small animal hospitals, clinics, or pet shops, or grooming services. Hobby kennels are only operated by persons residing in the primary dwelling unit on the property on which the hobby kennel is kept. proposed fill slope. (Ord. 2820, 1 14 1974} 4-11-120 DEFINITIONS L: LABORATORIES, LIGHT MANUFACTURING: A facility in which scientific research, investigation. testing, or experimentation occur. Manufacturing of and sale of products may also occur. LABORATORIES, RESEARCH, DEVELOPMENT AND TESTING: A facility in which scientific research, investigation, testing, or experimentation 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 recirculation system chapter 11_amend.doc 4-11-34 December 11, 2001 RMC 4-11 approved by the Planning/Building/Public Works Department are not included in this definition. (Amd. Ord. 4835, 3-27-2000) LAND CLEARING: The act of removing or destroying trees or ground cover including grubbing of stumps and root mat from any undeveloped lot, partially developed lot, developed lot, public lands or public right- of-way. LAND-CLEARING WASTE: Stumps, brush, tree branches, and other vegetation associated with land clearing. (Ord. 4740, 7-19-1999) LAND DEVELOPMENT PERMIT: A preliminary or final plat for single family residential project, a building permit, site plan, or preliminary or final planned unit development plan. (Ord. 4351, 5-4-1992) interest in such land shall be deemed to be a land owner for the purpose of the Planned Unit 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 authority to make the determination, including those with authority to hear appeals on: A. An application for a project permit or other governmental approval required by law before real property may be improved, developed, modified, sold, transferred or used, but excluding applications for permits or approvals to use, vacate, or transfer streets, parks, and other similar types of public property; excluding applications for legislative approval such as area-wide rezones and annexations; and excluding applications for business licenses; B. An interpretive or declaratory decision regarding the application to a specific property of zoning or other ordinances or rules regulating the improvement, development, modification, maintenance, or use of real property; C. The enforcement by the City of codes regulating improvement, development, modification, maintenance or use of real property. However, when the City is required by law to enforce the code in a court of limited jurisdiction, a petition may not be brought under RMC 4-8-110. (Ord. 4660, 3-17- 1997) LAND USE ELEMENT: A plan or scheme designating the location and extent of use for agriculture, timber production, housing, commerce, industry, recreation, open spaces, public utilities, public facilities, and other land uses as required by the Growth Management Act. LANDFILL: Creation or maintenance of beach or creation of dry upland area by the deposit of sand, soil, gravel or other materials into shoreline areas. Shoreline Master Program (Ord. 3758, 12-5-1983, Revised 7-22-1985 (Minutes), 3-12-1990 (Resolution 2787), 7-16-1990 (Resolution 2805), 9-13-1993 (Minutes) and Ord. 4716, 4-13-1998) LANDS COVERED BY WATER: Lands underlying the water areas of the state below the ordinary high water mark, including salt waters, tidal waters, estuarine waters, natural watercourses, lakes, ponds, artificially impounded waters, marshes, and swamps.--Gartain-categencal exemptions do not apply to lands covered by-water(Ord. 3891, 2-25-1985) LANDSCAPE ARCHITECT: A professional landscape 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 *low- buffers consist primarily of natural landscaping and selected hard surface elements, when deemed chapter 11_amend.doc 4-11-35 December 11, 2001 RMC 4-11 appropriate by the reviewing official. (Ord. 4854, 8-14-2000) LANDSCAPED VISUAL BARRIER: Evergreen trees, and/or evergreen shrubs providing equivalent buffering, planted to provide a year-round dense screen within three (3) years from the time of planting. (Ord. 4715, 4-6-1998) [Editor's Note: Check for this term after revising Landscape' section of development standards.) LANDSCAPING: The addition to land of natural installation of lawns, trees, shrubs, flowers, ground coverrockeries and similar items to enhance itsa property's attractiveness and/or prevent erosion. (Ord. 4517, 5-8-1995) LEAD AGENCY: The agency with the main responsibility for complying with SEPA's procedural •voter 107_11_788 „d 197 11 910) s the centcxt clearly requires otherwise. Depending on the agency and the type of proposal, for example, there may be a difference between the lead agency's responsible official, who is at a minimum responsible for procedural determinations (such as WAC 197 1-98-5-ESEPA Term) LEAK DETECTION SYSTEM: See RMC 4 5 120G. • LICENSE: Any form of written permission given to any person, organization, or agency to engage in any approval, registration, charter, or plat approvals or rezones to facilitate a particular proposal. The term (SEPA Term' stg LICENSED ENGINEER: A professional engineer, licensed to practice in the State of Washington. Shoreline Master Program (Ord. 3758, 12-5-1983, Revised 7-22-1985 (Minutes), 3-12-1990 (Resolution 2787), 7-16-1990 (Resolution 2805),9-13-1993 (Minutes) and Ord. 4716, 4-13-1998) LOADING AREA: A specially designed off-street place intended to be used by vehicles for depositing and/or receiving passengers and goods. (Ord. 4517, 5-8-1995) LOCAL AGENCY: "Local agency" or "local government" means any political subdivision, regional or county. (Ord. 3891, 2 25 1985)JSEPA Term' LOCAL SERVICE UTILITIESY: Public or private utilities normally servicing a neighborhood, i.e., telephone exchanges; sewer, both storm and sanitary; distribution lines, electrical less than fifty five (55) kv, telephone, cable TV, etc. Shoreline Master Program (Ord. 3758, 12-5-1983, Revised 7-22-1985 (Minutes), 3-12-1990 (Resolution 2787), 7-16-1990 (Resolution 2805), 9-13-1993 (Minutes) and Ord. 4716, 4-13-1998) LONG-RANGE WASTEWATER MANAGEMENT PLAN: See RMC 4-6-100. direction. LOT: A fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include "tracts" or "parcels". See chapter 11_amend.doc 4-11-36 December 11, 2001 RMC 4-11 LOT TYPES. LOT COVERAGE: The horizontal area measured within the outside of the exterior walls of all principal 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 Regulations, only.) A lot or parcel of land upon which a structure(s) is located, which cannot be more intensely developed pursuant to the City Zoning Code, and which cannot be further subdivided pursuant to City subdivision regulations. (Ord. 4351, 5-4-1992) become the lot frontage. (Ord. 4-522, 6 5 1995) LOT LINE ADJUSTMENT: A lot line adjustment is the adjusting of common property line(s) or boundaries between adjacent lots, tracts, or parcels for the purpose of accommodating a transfer of land, rectifying a disputed property line location, or freeing such a boundary from any difference or discrepancies. The resulting adjustment shall not create any additional lots, tracts or parcels and all reconfigured lots, tracts or parcels shall contain sufficient area and dimension to meet minimum requirements for zoning and building purposes. (Ord. 4522, 6-5-1995) LOT LINES: The property lines bounding the lot. LOT MEASUREMENTS: A. LOT DEPTH: Depth of a lot shall be considered to be the average distance between the foremost points of the side lot lines in front (i.e., the points where the side lot lines intersect with the street right-of- way line) and the rear-most points of the side lot lines in the rear. In the case of pipestem lots, the pipestem portion of the lot shall be ignored for purposes of the calculation of average depth. B. LOT WIDTH: Width of a lot shall be considered to be the average distance between the side lines connecting front and rear lot lines, except for pipestem lots, where the pipestem portion of a lot shall be ignored for purposes of calculating the average width. (Ord. 4522, 6-5-1995) 522, 6-5- 1-995) LOT, PARTIALLY DEVELOPED: (This definition for RMC 4-4-130, Tree Cutting and Land Clearing Regulations, 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. (Ord. 4351, 5-4-1992) LOT TYPES: A. LOT, CORNER: A lot abutting upon two (2) or more streets 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. (Ord. 4522, 6-5-1995) B. LO-T, CORN€R: A let that gernerall,-abuts-two (2) trn + e cept it r y abut one street if such street changes its axis more than forty five degrees ('15° abuts. (Ord. 1056, 4 13 1987) G LOT, FLAG: A lot with access to a public road only by a private right-of-way less than thirty feet (30') in width. See LOT, PIPESTEM. chapter 11_amend.doc 4-11-37 December 11, 2001 RMC 4-11 CD.LOT, INTERIOR: A lot that generally abuts or has frontage on only one street, although on through lots that run from one block face to another, such lots could abut two (2) streets. (Ord. 4056, 4-31- 1987) E. LOT, PIPESTEM: A lot not meeting minimum frontage requirements. (Amd. Ord. 4751, 11-16-1998) F. LOT,THROUGH: A lot that has both ends fronting on a street. (Ord. 4522, 6-5-1995) LOT, UNDEVELOPED: A platted lot or parcel of land upon which no structure exists. (Ord. 4351, 5-4- 1992) LOW IMPACT LAND USE: Land uses which are not likely to have a significant adverse impact on critical areas because of the intensity of the use, levels of human activity, use of machinery or chemicals, site design or arrangement of buildings and structures, incorporation of mitigation measures, or other factors. (Ord. 4835, 3-27-2000) LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, 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 nonelevation design requirements of RMC 4-3-0501. (Ord. 4071, 6-1-1987; Amd. Ord. 4851, 8-7-2000) 4-11-130 DEFINITIONS M: MAJOR ACTION: An action that is likely to have significant adverse environmental impacts. "Major" reinforces but does not 25 1985}fSEPA Termj MAJOR SERVICE UTILITY: Public or private utilities 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. Shoreline Master Program (Ord. 3758, 12-5-1983, Revised 7-22-1985 (Minutes), 3-12-1990 (Resolution 2787), 7-16-1990 (Resolution 2805), 9- 13-1993 (Minutes) and Ord. 4716, 4-13-1998) [Editor's Note: Shoreline term that does not exist outside of definitions.1 insignia. MANUFACTURED HOME: A residential structure, transportable in one or more sections, thatwhis# is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers and other similar vehicles. The term "manufactured home" does not include a"recreational vehicle,"or mobile home."(Ord. 4071, 6-1-1987; Amd. Ord. 4851, 8-7-2000) MANUFACTURED HOME, DESIGNATED: A residential manufactured home that meets the following requirements: A. It is comprised of at least two (2) fully enclosed parallel sections each not less than twelve feet (12') wide by thirty six feet (36') long, B. It has a composition, wood shingle, coated metal or similar roof of not less than three to twelve (3:12) pitch, and C. It has exterior siding similar in appearance to siding materials commonly used for conventional site- built single family residences. *44010 chapter 11_amend.doc 4-11-38 December 11, 2001 RMC 4-11 MANUFACTURED HOME PARK OR SUBDIVISION: A parcel (or contiguous parcels) of land "divided" into two (2) or more manufactured home lots for rent or sale. (Ord. 4851, 8-7-2000) MANUFACTURED HOME PARK OR SUBDIVISION, 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 effective date of the-adopted floodplain management regulations. (Ord. 4851, 8-7-2000) MANUFACTURED HOME PARK OR SUBDIVISION EXPANSION: The preparation of additional sites by the construction of facilities for servicing the lot (including the installation of utilities,the construction of streets and either final site grading or the pouring of concrete pads). (Ord. 4851, 8 7 2000} MANUFACTURED HOME PARK OR SUBDIVISION, NEW: A manufactured home park or 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 on or after the effective date of adopted floodplain management regulations. (Ord. 4851, 8-7-2000) MANUFACTURING AND FABRICATION, HEAVYUSES: Types of land uses in which The transformation of materials or substances arc transformed 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 is often characterized by need for large outdoor areas in which to conduct operations and typically results in environmental impacts beyond their own sites. This definition includes but is not limited to manufacture and fabrication of aircraft and aircraft parts, automotive vehicles and their parts, cement, brick, lime, gypsum, asphalt, and other manufacturing and fabrication uses as determined by the reviewing official. This definition excludes slaughterhouses, manufacture of shellac, 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 50,000 gallons. MANUFACTURING AND FABRICATION, LIGHT: The transformation of materials or substances into new products including construction and assembling of component parts, and the blending of materials such as lubricating oils, plastics, resins or liquors. Light manufacturing and fabrication is characterized by the use being contained within buildings. and materials or equipment 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 limited to manufacture and fabrication of electronic components. office products, furniture, glass products, and other manufacturing and fabrication uses as determined by the reviewing official. This definition excludes slaughterhouses, manufacture of shellac, 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 50,000 gallons. MANUFACTURING AND FABRICATION, MEDIUM: The transformation of materials or substances into new products including construction and assembling of component parts, and the blending of materials such as lubricating oils, plastics, 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 contained 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 determined by the reviewing official. This definition excludes slaughterhouses, manufacture of shellac, 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 50.000 gallons. MARINA: A facility for storing, servicing, fueling, berthing, and securing and launching of private pleasure chapter 11_amend.doc 4-11-39 December 11, 2001 RMC 4-11 craft that may include the sale of fuel and incidental supplies for the boat owners, crews, and guests. [Editor's Note: Multiple definitions] MARINA: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) A use providing moorage's for pleasure craft, which also may include boat launching facilities, storage, sales, and other related services. Shoreline Master Program (Ord. 3758, 12-5-1983, Revised 7-22-1985 (Minutes), 3-12-1990 (Resolution 2787), 7-16-1990 (Resolution 2805), 9-13-1993 (Minutes) and Ord. 4716, 4-13-1998) [Editor's Note: Multiple definitions' MARQUEE: A permanent roofer structure, usually incorporating a sign, attached to and supported by the building and projecting over public property. (Ord. 3719, 4-11-1983, Amd. Ord. 4577, 1-22-1996) +n-several abases- 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 developed in accordance with the policies enunciated in Section 2 of the Act. Shoreline Master Program (Ord. 3758, 12-5-1983, Revised 7-22-1985 (Minutes), 3-12-1990 (Resolution 2787), 7-16-1990 (Resolution 2805), 9-13-1993 (Minutes) and Ord. 4716, 4-13-1998) • between uses and facilities on a site for those projects, series of projects, phased developments or segmented and inconsistent conditions and approvals. Examples include public and private , MATERIAL SAFETY DATA SHEET:Written or printed information concerning a hazardous material which is prepared in accordance with the provisions of 29 CFR 1910.1200. (Ord. 4851, 8-7-2000) • d to-be used solety as a reforenee for surveying MECHANICAL EQUIPMENT: Includes all motorized equipment used for earth moving, trenching, excavation, gardening, landscaping, and general property maintenance exceeding twenty seven (27) horsepower in size. (Ord. 4219, 5-4-1992; Ord. 4835, 3-27-2000) MEDICAL INSTITUTIONS: An facility providing physical or mental health services, in-patient or overnight accommodations, and medical or surgical care of the sick or injured. This definition includes hospitals, clinics, and sanitariums. This definition excludes medical and dental offices, convalescent centers, retirement residences, 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, wI t that offers for sale convenience goods such as prepackaged food items, tobacco, periodicals and other household goods. This definition includes but is not limited to convenience market. (Ord. 4715, 4-6-1998) MITIGATION: chapter 11_amend.doc 4-11-40 December 11, 2001 RMC 4-11 B. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using y, or by taking affirmative steps to avoid or reduce impacts; C. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment; nd maintenance operations during the life of the action; E. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; F. Monitoring the impact and the compensation project and taking appropriate corrective measures. (Ord.3891, 2 25 1985, Ord. 4346, 3 9 1992)jSEPA Termj MITIGATION BANK: Sites thatwhich, when approved by the City, may be used for restoration, creation and/or mitigation of wetlands altered on a different piece of property but located within the same drainage basin. (Ord. 4346, 3-9-1992; Amd. Ord. 4835, 3-27-2000) MIXED USE: A building or site with two (2) or more different uses such as residential, office, manufacturing, retail, public or entertainment. MOBILE HOME: A factory-built structure, transportable in one or more sections, built on a chassis and designed to be a dwelling without a permanent foundation, whichthat was constructed prior to the enactment of the National Manufactured Home Construction and Safety Standards Act of 1974. This definition does not include recreational vehicles, manufactured homes, or designated manufactured homes. ..r MOBILE HOME: (For purposes of RMC 4 9 110, Manufactured and Mobile Home Parks, only.) An independent trailer designed for year round occupancy. MOBILE HOME LOT or SPACE: A trailer space designed for a mobile home in a mobile home park. basis. (Ord. 3746, 9 19 1983) MOBILE VENDOR: Retail sale of goods from a vehicle or mobile cart. MODULATION: A measured and proportioned inflection or setback in a building's face thatwhich breaks up an otherwise larger flat vertical plane into multiple offset sub-elements so as to reduce the apparent bulk. (Ord. 4777, 4-19-1999; Amd. Ord. 4821, 12-20-1999) MOORAGE: Any device or structure used to secure a vessel for temporary anchorage, but which is not attached to the vessels. Examples of moorage are docks or buoys. Shoreline Master Program (Ord. 3758, 12-5-1983, Revised 7-22-1985 (Minutes), 3-12-1990 (Resolution 2787), 7-16-1990 (Resolution 2805), 9-13-1993 (Minutes) and Ord. 4716, 4-13-1998) MOTEL: A building or group of detached or connected buildings port+on—thereof—designed or used primarily for transient rental of five (5) or more units for sleeping purposes.providinq sleeping accommodations for automobile travelers and typically having a parking space adjacent to a sleeping accommodation. This definition excludes multi-family dwellings, bed & breakfasts, and hotels. (Ord. 4665, 5-19-1997) chapter 11_amend.doc 4-11-41 December 11, 2001 RMC 4-11 MOVIE THEATER: An indoor facility for showing movies, including accessory retail sales of food and beverages. This definition excludes adult entertainment businesses; entertainment clubs: and cultural facilities. MULTI-FAMILY: See DWELLING, MULTI-FAMILY. MULTIPLE-USE: The combining of compatible uses within one development, of which the major use or activity is water-oriented. All uses or activities other than the major one are directly related and necessary to the major use or activity. Shoreline Master Program (Ord. 3758, 12-5-1983, Revised 7-22-1985 (Minutes), 3-12-1990 (Resolution 2787), 7-16-1990 (Resolution 2805), 9-13-1993 (Minutes), Ord. 4716, 4- 13-1998) [Editor's Note: Shoreline definition that exists in definitions only) 4-11-140 DEFINITIONS N: NATIONALLY RECOGNIZED INDEPENDENT TESTING ORGANIZATION: See RMC 4-5-120G. NATIVE GROWTH PROTECTION EASEMENT: A restrictive area where all native, predevelopment 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 nd/or riparian corridors. (Ord. 4351, 5-4-1992) NATIVE VEGETATION: Plant species thatwhis# are indigenous to the area in question and could reasonably 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. (Ord. 4346, 3-9-1992) NATURAL ENVIRONMENT: Those aspects of the environment contained in WAC 197 11 444 (1), (Ord. 3891, 2 25 1985)JSEPA Terml NATURAL OUTLET: See RMC 4-6-100. NATURAL RESOURCE EXTRACTION: Land used for timber harvesting consistent with the Forest Practices Act or silviculture, mineral extraction, or natural resource recovery such as mining reclamation or reforestation. This definition 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. fEditor's Note: Only located in one place in Bulk Storage regulations) NEIGHBORHOOD: A sub-area of the City in which the residents share a common identity focused around a school, park, community business center or other feature. • 2 25 1985) "start of construction" commenced on or after the effective date of the flood provisions: 6 1 1987. (Ord. /1071, 6 1 1987) NEW UNDERGROUND STORAGE FACILITY: See RMC 4-5-120G. chapter 11_amend.doc 4-11-42 December 11, 2001 RMC 4-11 NEWS STAND: A use consisting of the retail sale of newspapers and magazines. This definition excludes adult retail uses. NONCONFORMING STRUCTURE: A lawful structure that does not comply with the current development standards (yard setbacks, lot size, lot coverage, 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 lawful use of land that does not comply with the current use regulations (primary, secondary, conditional, etc.) for its zone, but which complied with applicable regulations at the time the use was established. NON-PROJECT: Actions which are different or broader than a single site specific project, such as plans, JSEPA Terml NONSTRUCTURAL TRIM: The molding, battens, caps, ranailing strips, latticing, cutouts or letters and walkways which are attached to the sign structure. (Ord. 3719, 4-11-1983, Amd. Ord. 4577, 1-22-1996) NO-PROTEST AGREEMENT: A restrictive covenant signed by the property owner signifying consent to the future formation of a Local Improvement District by the City of Renton or by property owners for constructing and paying for street improvements. (Ord. 4521, 6-5-1995) NURSERIES, HORTICULTURAL: Any land used to raise, store. or sell trees, shrubs, flowers, and other plants for sale or for transplanting. This definition does not include the sale of any of the above for consumption. Associated retail space is allowed as an accessory to this use. 4-11-150 DEFINITIONS 0: OFFER OF SALE TO PUBLIC: Any advertisement, inducement, solicitation, or attempt by a developer to OFFER OF SALE TO TENANT: A written offer to sell a condominium or cooperative unit to the tenant in possession of that unit at a specific price and on specific terms. (Ord. 3366, 10 15 1979) OFFICE, GENERAL: A place at which room or group of rooms used for conducting the affairs of a business, profession, service, or industry or government are conducted and generally furnished with desks, tables, files and communication equipment. This definition includes administrative headquarters offices and associated accessory uses to offices including but not limited to exercise rooms, cafeterias, and eating and drinking establishments. (Ord. 4857, 8-21-2000) OFFICE, INTENSIVE: Mid (six (6) stories) to high rise (over six (6) stories) office development including structured parking. OFFICIAL PLANS: Those maps, development plans or portions thereof, adopted by the City Council of the City of Renton a ended-1 (Ord i1522 6_5_1 995) OPEN RECORD APPEAL: An administrative appeal to a local governmental body or officer, including the legislative body, that creates the local government's record through testimony and submission of evidence and information, under procedures prescribed by RMC 4-8-110. by the local gov nt's record through testimony and submission of evidence and information, under procedures prescribed by RMC 4 8 110. (Ord. 4587, 3 18 1996)fSEPA Terml chapter 11_amend.doc 4-11-43 December 11, 2001 RMC 4-11 OPEN SPACE: Any physical area w#ishthat provides visual relief from the built environment for environmental, 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 driveways, parking lots or other surfaces designed for vehicular travel. OPEN SPACE: A parcel or parcels of land or an area-of water-or a combination of-land-and water within not be limited to undeveloped areas, landscaped areas, garden areas, lawns, walkways, patios, and 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 buildings, paved areas, or other manmade structures. Shoreline Master Program (Ord. 3758, 12-5-1983, Revised 7-22-1985 (Minutes), 3-12-1990 (Resolution 2787), 7-16-1990 (Resolution 2805), 9-13-1993 (Minutes) and Ord. 4716, 4-13-1998) [Editor's Note: Multiple definitions-but in Shorelines' OPERATOR: See RMC 4-5-120G. ORDINANCE: See RMC 4-9-070R. ORDINARY HIGH WATER MARK: 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 vegetation as that condition exists on June 1, 1971, 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. Shoreline Master Program (Ord. 3758, 12-5-1983, Revised 7-22-1985 (Minutes), Resolution 2787, 3-12-1990, Resolution 2805, 7-16-1990, Revised 9- 13-1993 (Minutes), Ord. 4716, 4-13-1998) not closely approximate those destroyed or degraded by a regulated activity. It does not refer to OUTDOOR RETAIL SALES AREAS: Specially designed areas for the retail sale of automobiles, small trucks, vans or other similar type motor vehicles. It does not generally include commercially licensed motor vehicles such as buses or trucks. (Ord. 4517, 5-8-1995) OUTSIDE STORAGE: See STORAGE, OUTSIDE. OWNER: See RMC 4-5-120G. OWNER: (For purposes of the aquifer protection regulations in RMC 4-3-050, Critical Areas Regulations, and RMC 4-9-015, Aquifer Protection Area Permits, only.) May include a duly authorized agent or attorney, a purchaser, devisee, fiduciary, and/or a person having vested or contingent interest in the property and/or facility in question. (Ord. 4851, 8-7-2000) OWNERS' ASSBCtAT19f -The-asssciati©n-#e rued y-ew+Hers-e4--urnits-in-a-senderein+u eoperative 5 19-7-9} chapter 11_amend.doc 4-11-44 December 11, 2001 RMC 4-11 sue. 4-11-160 DEFINITIONS P: 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 people. (Ord. 4827, 1-24-2000) PARKING, LEASEDOFF-SITE: Parking for a particular land use on land which is subject to a lease or other agreement allowing the owners of the building to use the property for parking for the use. Leased parking shall be a permanent parking arrangement. The permanency of the parking shall be determined upon consideration of the remaining economic life of the building for which the parking is provided, and of the provision of the applicant of appropriate measures to protect against conditions which may cause forfeiture of the lease or other land use agreement. Such measures may include, but are not limited to, bonds or covenants running with the land upon which the building is located to cause the termination of the leased parking. (Ord. 4517, 5-8-1995) PARKING LOT or PARKING AREA: A specially designed off street place the temporary storage of vehicles for durations of less than seventy two (72) hours. Included in this etorage of motor vehicles. (Ord. 1821, 12 20 1999) PARKING SPACE or PARKING STALL: A parking space is any off-street space intended for the use of temporary vehicular storage for durations of less than seventy two (72) hours parld -with ingress and egress to the space easily identifiable. Included in this definition are the permanent surface, striping, landscaping and other features required by RMC 4-4-080. (Ord. 4517, 5-8-1995) �..- PARKING GARAGE, STRUCTURED: 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. Structured parking can be a stand-alone use or a part of a building containing other uses. (Amd. Ord. 4821, 12-20-1999; Ord. 4854, 8-14-2000) PARKING, SURFACE: Open lots or grounds with at-grade parking improvements. PARKING, TANDEM: The parking of one motor vehicle behind another, where one does not have direct access to a parking aisle without the moving of the other vehicle. PARKS, COMMUNITY/REGIONAL: Larger than neighborhood parks, these are designed for organized 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 includes but is not limited to community and regional parks as defined by the City of Renton Parks Plan. trails for non-motorized travel, and accessory uses normal and incidental to parks. (Ord. 4840, 5-8-2000) PARKS, NEIGHBORHOOD: A combination playground and park designed primarily for nonsupervised, 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. (Ord. 4840, 5-8- 2000) PARKS, REGIONAL: Regional parks are large recreational ar as that serve an entire city or region and uses normal and incidental to parks. (Ord. 1810, 5 8 2000} PASSIVE RECREATION: Nonorganized, low impact use such as hiking, walking, picnicking. It does not include organized sport activities such as baseball, soccer, etc. (Ord. 4346, 3-9-1992) chapter 11_amend.doc 4-11-45 December 11, 2001 RMC 4-11 PAVED: Surfaced with a hard, smooth surface, usually consisting of concrete or asphalt underlain by a subgrade of crushed rock. PAVEMENT WIDTH: Width of paved driving and parking surface, including gutters as measured from face of curb to face of curb, or from edge of pavement where there are no curbs. (Ord. 4521, 6-5-1995) PEAK DISCHARGE: The maximum surface water runoff rate (cfs) at point of discharge, determined from the design storm frequency. (Ord. 4367, 9-14-1992) 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 WALKWAY: A surfaced walkway, separate from the traveled portion of the roadway, usually of crushed rock or asphalt, and following the existing ground surface. (Ord. 4521, 6-5-1995) PERFORMANCE BOND OR GUARANTEE: That security which may be accepted in lieu of a requirement that certain improvements be made before the City Council approves the final plat, including performance bonds, escrow agreements, and other similar collateral or surety agreements. (Ord. 4522, 6-5-1995) PERMIT: (For purposes of manufactured home park provisions only.) A written building permit issued by the Development Services Division permitting the trailer park to be constructed or operated under this Chapter and the regulations promulgated thereunder. (Ord. 3746, 9-19-1983) PERMITTED USES: See USES, PERMITTED. • PERSON: Any person, individual, public or private corporation, firm, association, joint venture, partnership, municipality, government agency, political subdivision, public officer, owner, lessee, tenant, other legal entity, or any other entity whatsoever or any combination of such, jointly or severally. (Ord. 4351, 5-4-1992; Amd. Ord. 4851, 8-7-2000) PERSONAL SERVICES: B auty and barber shops, retail laundry and dry cleaning including coin PETS, COMMON HOUSEHOLD: Dogs, cats, and other similar-sized animals, as determined by the Development Services Division Director, typically sold in pet stores. PHASED REVIEW: The coverage of general matters in broader environmental documents, with , 2 25 1985)JSEPA Terml PIER: A general term including docks and similar structures consisting of a fixed or floating platform extending from the shore over the water. Shoreline Master Program (Ord. 3758, 12-5-1983, Revised 7- 22-1985 (Minutes), 3-12-1990 (Resolution 2787), 7-16-1990 (Resolution 2805) and 9-13-1993 (Minutes)) 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 the conveyance of hazardous materials. Pipelines include, but are not limited to, sanitary sewers, side sewers, storm sewers, leachate pipelines, and product pipelines. (Ord. 4851, 8-7-2000) *4.800 chapter 11_amend.doc 4-11-46 December 11, 2001 RMC 4-11 PLANNED UNIT DEVELOPMENT: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) Special contractual agreement between the developer and a governmental body governing development of land. Shoreline Master Program (Ord. 3758, 12-5-1983, Revised 7-22-1985 (Minutes), 3-12-1990 (Resolution 2787), 7-16-1990 (Resolution 2805) and 9-13-1993 (Minutes)) (Editor's Note: Multiple definitions for same term.1 PLANNED UNIT DEVELOPMENT (PUD): Any development approved and developed in accordance with the terms of RMC 4-9-150, including a subdivision of such land, which development may occur at one time or in phases. (Ord. 4039, 1-19-1987) (Editor's Note: Multiple definitions for same terml PLANNING COMMISSION: That body as defined in chaptcr&RCW 35.63, 35A.63, or 36.70 ROW as designated by the legislative body to perform a planning function or that body assigned such duties and responsibilities under a city or county charter. (Ord. 4522, 6-5-1995) PLANT ASSOCIATIONS OF INFREQUENT OCCURRENCE: One or more plant species in a landform type whfshthat, 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. (Ord. 4346, 3-9-1992) PLASTIC MATERIALS: Materials made wholly or principally from standardized plastics listed and described in Uniform Building Code Standards. (See RMC 4-4-100K13, Approved Plastics.) (Ord. 3719, 4-11-1983, Amd. Ord. 4577, 1-22-1996) [Editor's Note: Term, `plastic materials" is only referenced in definitions.1 PLAT: A map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets, and alleys or other division and dedications. PLAT, FINAL: The final drawing of the-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 chapterRCW 58.17 ROW. PLAT, PRELIMINARY: A rawing of a proposed subdivision of land into 10 or more individual lots showing the general layout of streets and alleys, lots, blocks, and other elements of a subdivision consistent with the requirements of the City subdivision regulations and shapterRCW 58.17 ROW. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision. (Ord. 4522, 6-5-1995) 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. PORTABLE DISPLAY SURFACE: (Deleted by Ord. 4832. 3 6 2000) POTABLE WATER: See RMC 4-6-100. POTENTIAL ANNEXATION AREAS: Areas whiehwithin the Urban Growth Area that have been designated for annexation to the City within the twenty (20) year planning horizon by agreement with King County as required by the Countywide Planning Policies and the Growth Management Act. PRACTICABLE ALTERNATIVE: An alternative that is available—an-el—capable of being carried out after ..- taking--fete-consideration cost, existing technology, and logistics in light f overall p ect purposes, and chapter 1 1_amend.doc 4-11-47 December 11, 2001 RMC 4-11 • • PREAPPLICATION MEETING: A conference held with a project applicant and City representative(s) in advance of the proposed land usedev t project application. During the conference, the City representative(s) inform the applicant of applicable policies, plans, and requirements as they apply to the proposed development project. use submittal. PRELIMINARY APPROVAL: The official favorable action taken on the preliminary plat of a proposed subdivision, metes and bounds description, or dedication, by the City Council following a duly advertised public hearing. (Ord. 4522, 6-5-1995) PRELIMINARY PLAT: See PLAT, PRELIMINARY. PREPARATION: "Preparation" of an environ WAC 197 11 700(2)). (Ord. 3891, 2 25 1985)JSEPA Terml 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 hours per day; PRESSURE VACUUM BREAKER: See RMC 4-6-100. PRIMARY CONTAINMENT: See RMC 4-5-120G. PRIMARY USES: Sec USES, PRIMARY. PRIM` AGRICUt TURAI I AND. I rJ with extreme) f rtiI roil classifications-as e,,tablfsheisl-by the U.S. Department of Agriculture Soil Conservation Service. PRIORITY HABITAT AND SPECIES: Habitats and species of importance and concern as identified by the Washington State Department of Wildlife Priority Habitat and Species Program. "Priority habitats" are habitat types with unique or significant value to many species. An area classified and mapped as priority habitat must have one or more of the following attributes: A. Comparatively high fish and wildlife density. B. Comparatively high fish and wildlife species diversity. C. Important fish and wildlife breeding habitat. D. Important fish and wildlife seasonal ranges. E. Important fish and wildlife movement corridors. F. Limited availability. G. High vulnerability to habitat alteration. H. Unique or dependent species. "Priority species" are fish and wildlife species requiring protective measures and/or management guidelines to ensure their perpetuation. (Ord. 4835, 3-27-2000) PRIVATE HYDRANT: A fire hydrant situated and maintained to provide water for firefighting purposes chapter 11_amend.doc 4-11-48 December 11, 2001 RMC 4-11 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. (Ord. 4007, 7-14-1986) • agency. jSEPA Terml PROBABLE: Likely or r asonably likely to occur, as in "a reasonable probability of more than a moderate impacts from those that merely have a possibili jSEPA Terml PRODUCT TIGHT: See RMC 4-5-120G. PROJECTION: The distance by which a sign extends over public property or beyond the building line. (Ord. 3719, 4-11-1983, Amd. Ord. 4577, 1-22-1996) PROPERTY OWNERS' ASSOCIATION: See HOMEOWNERS' ASSOCIATION land agreements through which: A. Each land owner is automatically a member, • organization's activities, such as maintaining common areas and facilities, and . . 4-987} PROPONENT: See APPLICANT. (Ord. 4346, 3-9-1992) • • be mganingfully evaluated. (See WAC 197 11 055 and WAC 197 1-1 jSEPA Termi PUBLIC ACCESS: A means of physical approach to and along the shoreline available to the general public. This may also include visual approach. Shoreline Master Program (Ord. 3758, 12-5-1983, Revised 7-22-1985 (Minutes), 3-12-1990 (Resolution 2787), 7-16-1990 (Resolution 2805) and 9-13-1993 (Minutes)) PUBLIC FACILITIES: Streets, roads, highways, sidewalks, street lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, park and recreation facilities, schools, public buildings. • without restriction as to use for that purpose. The location is such that it is accessible from immediate use PUBLIC USE SUFFIX: A mapping overlay designation used to identify publicly owned, operated, or leased land and facilities and the uses contained therein. 4-11-170 DEFINITIONS 0: (Reserved) chapter 11_amend.doc 4-11-49 December 11, 2001 RMC 4-11 4-11-180 DEFINITIONS R: ,4100, 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. objectives, but at a lower environmental cost or decreased level of environmental degradation. /110(5) and WAC 197 11 660). Also see the definition of "scope" for the three (3) types of alternatives to be analyzed in EISs(WAC 197 11 92).rid. 3891-2- ,985)JSEPA Terml REASONABLE USE: A legal concept that has been articulated by Federal and State courts in regulatory takings issues. (Ord. 4346, 3-9-1992) RECEIVING BODIES OF WATER: Creeks, streams, rivers, lakes, storm sewers, wetlands and other bodies of water into which surface waters are directed, either naturally or in manmade ditches or open and closed system. (Ord. 4367, 9-14-1992) RECOGNIZED HIGHER RISK: The handling, processing or storage of flammable, explosive, blasting or toxic agents and their related processes and/or activities which are generally considered as high hazard occupancy by agencies and/or publications, which include but are not limited to the Washington Surveying and Rating Bureau, 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 as higher risk on its neighbors and/or adjacent or nearby properties natural or manmade waterways or which may tend to endanger environmental qualities before special actions are taken to mitigate adverse characteristics. RECREATION: The refreshment of body and mind through forms of play, amusement or relaxation. The recreational experience may be active, such as boating, fishing, and swimming, or may be passive such as enjoying the natural beauty of the shoreline or its wildlife. Shoreline Master Program (Ord. 3758, 12-5- 1983, Revised 7-22-1985 (Minutes), 3-12-1990 (Resolution 2787), 7-16-1990 (Resolution 2805) and 9- 13-1993 (Minutes)) RECREATIONAL FACILITIES, INDOOR: A place designed and equipped for the conduct of sports and leisure-time activities within an enclosed space. Examples include gymnasiums, amusement arcades, health and fitness clubs, indoor tennis and racquetball courts, bowling alleys, and indoor swimming pools. This definition excludes sports stadiums. 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 outdoor tennis courts, private outdoor swimming pools, batting cages, miniature golf courses, golf driving ranges, and playgrounds. This definition excludes marinas, parks, golf courses and sports stadiums. RECREATIONAL VEHICLE: A vehicle whichthat is: A. Built on a single chassis; B. Four hundred feet (400') square feet (400 sf) or less when measured at the largest horizontal projection; C. Designed to be self-propelled or permanently towable by a light duty truck; and D. Designed primarily not for use as a permanent dwelling but as temporary 4ivwg--quarters for recreational, camping, travel, or seasonal use. (Ord. 4851, 8-7-2000) chapter 11_amend.doc 4-11-50 December 11, 2001 RMC 4-11 RECYCLABLES: Newspaper, uncoated mixed paper, aluminum, glass and metal food and beverage containers, polyethylene terepthalate (PET #1) plastic bottles, high density polyethylene (HDPE #2) plastic bottles, and such other materials that the City and contractor determine to be recyclable. RECYCLABLES DEPOSIT AREA: In multi-family residences, commercial, industrial and other nonresidential development, the area(s) where recyclables will be stored. (Ord. 4426, 11-8-1993) RECYCLING COLLECTION CENTER: A collection point for small recyclable items, such as cans, bottles, RECYCLING COLLECTION STATION: A container or containers for the collection of secondhand goods and recyclable materials. RECYCLING COLLECTION AND PROCESSING CENTER: A facility where collected recyclable items are brought for sorting, compaction, transfer, and/or processing including changing the form of materials. REDUCED PR€SSUR€PRINC-IP'�m L W PREV�NTER: Soo ❑MC 4 a Inn REFUSE: TheA term shall-be-synonymous with municipal solid waste (MSW) and shall mean and includeinq all accumulations of waste matters discarded as of no further value to the owner, such as kitchen and table waste, wrappings 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, cleanings from public and private catch basins, washracks or sumps, white goods, bulky waste, recyclables, yard waste and special or hazardous wastes. (Ord. 4426, 11-8-1993) 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. (Ord. 4346, 3-9-1992; Amd. Ord. 4835, 3-27-2000) REGULATED SUBSTANCES: See RMC 4-5-120G. RELIGIOUS INSTITUTIONS: Churches, synagogues, temples and other places where gathering 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 removal or causing the effective removal through damaging, poisoning, root destruction or other direct or indirect actions resulting in the death of a tree or ground Gaverother vegetation. (Ord. 4351, 5-4-1992) RENTAL UNIT: Any dwelling unit; other than a detached single family residential dwelling, which is occupied 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 converted building for which there has been no acceptance of an offer of sale as of 10-15-1979 shall be considered a rental unit. (Ord. 3366, 10-15-1979) REPAIR or MAINTENANCE: An activity that restores the character, scope, size, or design of a serviceable area, structure, or land use to its previously existing, authorized and undamaged condition. Activities that change the character, size, or scope of a project beyond the original design and drain, dredge, fill, flood, or otherwise alter additional regulated wetlands are not included in this definition. (Ord. 4346, 3-9-1992) RESPONSIBLE OFFICIAL: That officer or officers, committee, department, or section of the lead agency designated by agency SEPA procedures to u (WAC 197 11 910). (Ord. 3891, 2 25 1985)f SEPA Term] chapter 11_amend.doc 4-11-51 December 11, 2001 RMC 4-11 RESTRICTIVE COVENANT: A restriction on the use of land set forth in a formal binding agreement.- Restrictive covenant, running with the land and are-binding upon subsequent owners of the property. (Ord. 4521, 6-5-1995; Amd. Ord. 4522, 6-5-1995) RETAIL, BIG-BOX: A singular indoor retail or wholesale user who occupies no less than 75,000 square feet of gross floor area, typically requires high parking to building area ratios, and has a regional sales market. Big-box retail wholesale sales can include, but are not limited to, membership warehouse clubs that emphasize bulk sales, discount stores, and department stores. This definition does not include auto sales, outdoor retail sales, or adult retail uses. RETAIL SALES: Establishments within a permanent structure of less than 75,000 square feet engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. This definition excludes adult retail uses, large vehicle sales, small vehicle sales, big-box retail, outdoor retail sales, eating and drinking establishments, and taverns. RETAIL SALES. OUTDOOR: The display and sale of products and services primarily outside of a building or structure, including but not limited to garden supplies, tires and motor oil, produce sales, farmers' markets, manufactured homes, burial monuments, building and landscape materials, and lumber yards. This definition excludes adult retail uses, large vehicle sales, or small vehicle sales. RETIREMENT RESIDENCE: A facility or group of buildings which provide residential facilities, including a common kitchen and dining room without full kitchen facilities in each unit, for more than four (4) residents sixty two (62) or more years in age, except for spouses for whom there is no minimum age requirement. Retirement residences include federally assisted senior housing facilities. This definition excludes multi-family (attached) dwelling units, boarding and lodging houses, convalescent facilities, adult family homes, and group homes I and II as defined herein. ROADWAY: That portion of a street intended for the accommodation of vehicular traffic, generally within NrisiO curb lines. (Ord. 4522, 6-5-1995) 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 trimming, tree topping and other vegetation ground cover management which is undertaken as part of a regularly scheduled program ofby a person in connection with the normal maintenance and repair of property. (Ord. 4351, 5-4-1992) RURAL: A sparsely developed ar a where the land is primarily used for farm-ii4g, forestry, resource 4-11-190 DEFINITIONS S: SCOPE: A. The range of proposed actions, alternatives, and impacts to be analyzed in an environmental r three (3) types of pacts, and three (3) types of alternatives. 1. Actions may be: a. Single (a specific ashen--whiio4 is not related to other proposals or parts of-proposals); b. Connected (proposals or parts-of-propo 060(3)-er-WA *1.000 chapter 11_amend.doc 4-11-52 December 11, 2001 RMC 4-11 c. Similar (proposals that have common aspects and may be analyzed together tinder WAC 197 11 060(3)). 2. Alternatives may be: a. No action; c. Mitigation m asures(not in proposed action). 3. Impacts may be: a. Direct; b. Indirect; or c. Cumulative. • . JSEPA Terml • EIS. Because an EIS is required to analyze significant environmental impacts only, scoping is intended to required to do so. Scoping is used to encourage cooperation and early rem improve decisions, and to reduce paperwork and delay. (Ord. 3891, 2 25 1985)JSEPA Terml SECONDARY CONTAINMENT: See RMC 4-5-120G. 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 description as a fraction of a section of land. (Ord. 4522, 6-5-1995) SENSITIVE AREAS: See CRITICAL AREAS. SEPA: The State Environmental Policy Act of 1971 (chapter 43.21C RCW), which is also referred to as the Act. SEPA PROCESS: The "SEPA process" means all measures necessary for compliance with the Act's requirements. (Ord. 3891, 2 25 1985) SERVICE AND SOCIAL ORGANIZATIONS: An incorporated or unincorporated association of persons organized for social, education, literary or charitable purposes. This definition also includes community meeting halls, philanthropic institutions, private clubs. fraternal or nonprofit organizations, senior centers, and social service organizations. This definition excludes religious institutions. SERVICEABLE: Presently usable. (Ord. 4346, 3-9-1992) SERVICES, OFF-SITE: Establishments primarily engaged in providing individual or professional services at the customer's home or place of business. Examples of off-site services include but are not limited to temporary employment services, janitorial services, and professional maid services. ' chapter 11_amend.doc 4-11-53 December 11, 2001 RMC 4-11 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 y 4010 coin-operated,garment alterations and repair, photo studios, shoe repair,pet grooming, photography and photo reproduction, real estate offices. personal accountants. entertainment media rental or other indoor rental services, and of repair for personal or household items, except for vehicle repair. This definition excludes adult retail uses. SETBACK:The minimum required distance between the building footprint and the property line. SETBACK: (For purposes of the Shoreline Master Program.) A required open space specified in the Shoreline Master Program, measured horizontally upland from and perpendicular to the ordinary high water mark. Shoreline Master Program (Ord. 3758, 12-5-1983, Revised 7-22-1985 (Minutes), Resolution 2787, 3-12-1990, Resolution 2805, 7-16-1990, Revised 9-13-1993 (Minutes), Ord. 4716, 4-13-1998) SETBACK LINE, LEGAL: The line established by ordinance beyond which no building may be built. A (Ord. 3719, 4-11-1980; Amd. Ord. 4577, 1-22-1996) SEWAGE: See RMC 4-6-100. SEWAGE DISPOSAL AND TREATMENT PLANTS: A facility designed for the collection, removal, treatment, and disposal of waterborne sewage. This definition excludes disposal facilities. SEWAGE TREATMENT PLANT: See RMC 4-6-100. SEWAGE WORKS: See RMC 4-6-100. SEWER: See RMC 4-6-100. SEWER, BUILDING: See RMC 4-6-100. Niaid SEWER, PUBLIC: See RMC 4-6-100. SEWER, SANITARY: See RMC 4-6-100. SHOPPING CENTER: A group of buildings, structures and/or uncovered commercial ar .as planned, serves. Ord. 451-7� 995) SHOPPING CENTER: For purposos of sign regulations, aA group of buildings, structures and/or uncovered commercial areas, or a single building containing four (4) or more individual commercial establishments, planned, developed and managed as a unit related in location and type of shops to the trade areas that the unit serves. (Ord. 3719, 4-11-1983; Amd. Ord. 4577, 1-22-1996) SHORELAND OR SHORELAND AREAS: Those lands extending landward for two hundred feet (200') in all directions, as measured on a horizontal plane from ordinary high water mark; floodways and contiguous floodplain areas landward two hundred feet (200') from such floodways; and all marshes, bogs, swamps, and river deltas, associated with streams, lakes and tidal waters which are subject to the provisions of the State Shorelines Management Act. For purposes of determining 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. SHORELINES: All of the water areas of the State regulated by the City of Renton, including reservoirs, and their associated shorelands, together with the lands underlying them, except: A. Shorelines of statewide significance. chapter 11_amend.doc 4-11-54 December 11, 2001 RMC 4-11 B. Shorelines on segments of streams upstream of a point where the mean annual flow is twenty (20) cubic feet per second or less and the wetlands associated with such upstream segments. C. Shorelines on lakes less than twenty (20) acres in size and wetlands associated with such small lakes. SHORELINES OF STATEWIDE SIGNIFICANCE: Those shorelines described in RCW 90.58.030(2)(e). SHORELINES OF THE STATE: The total of all "shorelines" and "shorelines of statewide significance" regulated by the City of Renton. Shoreline Master Program (Ord. 3758, 12-5-1983, Revised 7-22-1985 (Minutes), Resolution 2787, 3-12-1990, Resolution 2805, 7-16-1990, Revised 9-13-1993 (Minutes), Ord. 4716, 4-13-1998) 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. (Ord. 4521, 6-5-1995) SIGHT TRIANGLE: See CLEAR VISION AREA. SIGN: Any medium, including merchandise, its structure and component parts, whishthat 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. (Ord. 3719, 4-11-1983; Amd. Ord. 4577, 1-22-1996; Amd. Ord. 4720, 5-4-1998) SIGN, A-FRAME: See SIGN, PORTABLE. SIGN, ANIMATED: A sign with action or motion, flashing or color changes requiring electrical energy, electronic or manufactured source of supply, but not including revolving signs or wind actuated elements such as flags or banners. (Ord. 3719, 4-11-1983) 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 whishthat contains no written copy, or which does not form part of the sign proper or of the display. Freestanding letters or characters, where no background is specially provided, shall be measured by determining the smallest rectangle or polygon whisbthat encloses the extreme limits of the shapes to be used. (Ord. 4720, 5-4- 1998) SIGN, COMBINATION: Any sign incorporating any combination of the features of pole, projecting and roof signs. SIGN, ELECTRIC: Any sign containing or utilizing electrical wiring, but not including signs illuminated by an exterior light source. (Ord. 3719, 4-11-1983) SIGN, ELECTRONIC MESSAGE BOARD: Signs whose alphabetic, pictographic, or symbolic informational content can be changed or altered on a fixed display screen composed of electrically chapter 11_amend.doc 4-11-55 December 11, 2001 RMC 4-11 illuminated segments. (Ord. 4724, 5-11-1998) SIGN, FREESTANDING: A sign wholly supported by a sign structure in the ground. (Ord. 3719, 4-11- 1983) 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. (Ord. 4172, 9-12-1988; Amd. Ord. 4720, 5-11-1998) SIGN HEIGHT: Measured as the distance from grade, unless otherwise designated, to the top of the sign or sign structure. (Ord. 4720, 5-4-1998) SIGN, ON-PREMISES: A sign which displays only advertising copy strictly incidental to the lawful use of the premises on which it is located, including 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 political party, or signs urging a particular vote or action on a public issue decided by ballot whether partisan or nonpartisan. SIGN, PORTABLE: A sign which is not permanently affixed and designed for or capable of movement, except for those signs explicitly designed for people to carry on their persons or which are permanently affixed to motor vehicles. (Ord. 3719, 4-11-1983; Amd. Ord. 4577, 1-22-1996) SIGN, A-FRAME: A nonilluminated type of portable sign comprised of hinged panels configured in the shape of the alphabetic letter"A". These signs contact the ground but not are not anchored to the ground and are independent of any other structure. (Ord. 4832, 3-6-2000) 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 extend above any adjacent parapet or roof of the supporting building. (Ord. 3719, 4-11-1983; Amd. Ord. 4577, 1-22-1996; Amd. Ord. 4720, 5-4-1998) SIGN, ROOF: A sign erected upon or above a roof or parapet of a building or structure. SIGN STRUCTURE: Any structure which supports or is capable of supporting any sign as defined in this Title. A sign structure may be a single pole and may not be an integral part of the building. (Ord. 3719, 4- 11-1983; Amd. Ord. 4577, 1-22-1996) SIGN, TEMPORARY: Any sign, banner, or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, or advertising device intended to be displayed only for a limited period of time enincluding the following types of signs: A. Advertising Device: Balloons, flags, inflatable 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 similar material that is mounted to a pole and/or building 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. 1. Banner, Pole Hung: A banner attached at its top and bottom to a pole or light standard by extensions from the pole. 2. Banner, Pole/Wall Strung: A banner attached at its top and bottom corners strung between chapter 11_amend.doc 4-11-56 December 11, 2001 RMC 4-11 buildings, poles, and/or light standards. 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 commonly 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. F. Inflatable Statuary: An advertising device that is inflated and the likeness of an animate or inanimate object or cartoon figure is used to attract attention, advertise, promote, market, or display goods and/or services. G. Manual Message Board: Any sign that is designed so that characters, letters, or illustrations can be changed or rearranged by hand without 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 permanently 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 permanent, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window. Interior 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 primary movements are caused by the wind or atmospheric conditions, attached by a tether. A balloon or inflatable statuary, with or without moveable parts, is not considered a wind-animated object. (Ord. 3719, 4-11-1983; Amd. Ord. 4577, 1-22-1996; Ord. 4848, 6-26-2000) SIGN, TRADITIONAL MARQUEE: A sign typically 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 without altering the face or the surface of the sign. (Ord. 4720, 5-4-1998) 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. (Ord. 3719, 4-11-1983; Amd. Ord. 4577, 1-22-1996; Amd. Ord. 4720, 5-4-1998) 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 parallel to the plane of said wall. ah-a4ln order to be considered a wall sign, a sign may not extend above any adjacent parapet or the roof of the supporting building. (Ord. 3719, 4-11-1983; Amd. Ord. 4577, 1-22-1996; Amd. Ord. 4720, 5-4-1998) SIGNIFICANT: A—As-used-in-S-E-P-A-means-a-reasonable-kketihoocl-of-me-re-than-a-moderate-adverse-impaet--et chapter 11_amend.doc 4-11-57 December 11, 2001 RMC 4-11 B. Significance involves context and intensity (WAC 197 11 330) and does not lend itself to a formula or quantifiable test. The context may vary with the ph an . The severity of an impact should be weighed along with the likelihood of its occurrence. An impact would be severe if it occurred. C. WAC 197 11-330 specifies a process, including criteria and procedures, for determining whether a fSEPA Term] 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. (Ord. 4346, 3-9-1992) 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 inclination of which is expressed as a ratio of horizontal distance to vertical distance, which may be regulated or unregulated. (Ord. 2820, 1-14-1974; Amd. Ord. 4835, 3- 27-2000) SLOPE, PROTECTED: See SLOPE, STEEP. (Ord. 4835, 3 27 2000) SLOPE, SENSITIVE: See SLOPE, STEEP. (Ord. 4835, 3 27 2000) SLOPE, STEEP: A hillside, or portion thereof, which falls into one of two classes of slope, sensitive or protected. (Ord. 4835, 3-27-2000) (1) SLOPE, PROTECTEDlope, 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 and a minimum vertical rise of fifteen feet(15'). (Ord. 4835, 3-27-2000) (2) SLOPE, SENSITIVElope, Sensitive: A hillside, or portion thereof, characterized by: (1) an average slope, as identified in the City of Renton Steep Slope Atlas 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 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 percent (25%) to forty percent (40%). This definition excludes engineered retaining walls. (Ord. 4835, 3-27-2000) SMP: City of Renton's Shoreline Master Program. (Ord. 4346, 3-9-1992) SOCIALS€RVICE �n—,, CI IT S: Facilities-oth . lag--a o the ad ood banks blood-ban1 s-mefge;sy-s Telters, crisis centers, etc. SOIL: A maturely occurring surface deposit overlying bedrock. chapter 11_amend.doc 4-11-58 December 11, 2001 RMC 4-11 SOIL ENGINEER: A licensed civil engineer experienced and knowledgeable in the practice of soil engineering. (Ord. 2820, 1-14-1974) 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. (Ord. 2820, 1-14-1974) SOIL ENGINEERING REPORT: A report including data regarding the nature, distribution, and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures when necessary, and options and recommendations covering adequacy of sites to be developed by the proposed grading. SOLID WASTE: Shall be defined as per chapter 173-304 WAC, Minimal Functional Standards for Solid Waste Handling, WAC 173-304-100(73). (Ord. 4851, 8-7-2000) • Engineors, tho Washington State Department of Ecology, any affected counties and/or cities, private SPECIAL BENEFIT DISTRICT: A subarea of a community designated by City ordinance to assess SPECIFIED ANATOMICAL AREAS: A._-Less than completely and opaquely covered human genitals, anus, pubic region, buttock, or female breast below a point immediately above the top of the areola; or B._-Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (Ord. 4828, 1-24-2000) SPECIFIED SEXUAL ACTIVITIES: A. Human genitals in a state of sexual stimulation or arousal; B. Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality; C. Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts, whether clothed or unclothed, of oneself or of one person by another; or D. Excretory functions as part of or in connection with any of the activities set forth in this definition. (Ord. 4828, 1-24-2000) SPHERE OF INFLUENCE: A designated area beyond the existing City boundaries in which the City of SPORTS STADIUMS, AUDITORIUMS, AND EXHIBITION HALLS: A large open or enclosed facility used for professional, semi-professional spectator sports, arena concerts, expositions, and other large-scale public gatherings. This definition excludes sports stadiums associated with schools, cultural facilities, movie theaters, and entertainment clubs. STABLES, COMMERCIAL: A land use on which equines are kept for sale or hire to the public. Breeding, boarding, or training of equines may also be conducted. STACKING SPACE: The space specifically designated as a waiting area for vehicles whose occupants ar.. will be patronizing a drive-iothrough business. Such space is considered to be located directly alongside a chapter 11_amend.doc 4-11-59 December 11, 2001 RMC 4-11 drive-in window, facility or entrance used by patrons and in lanes leading up to and away from the business establishment. (Ord. 4517, 5-8-1995) START OF CONSTRUCTION: Includes substantial 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 permanent 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. Permanent construction does not include land preparation, 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. (Ord. 4071, 6-1-1987; Amd. Ord. 4851, 8-7-2000) STATE AGENCY: Any State board, comm. -.914, depar eat, e#asec, iesludieg State universities, 3891, 245-1985}JSEPA Termj STORAGE, BULK: The holding or stockpiling on land of material and/or products where such storage constitutes forty percent (40%) of the developed 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 activity: 1. In a bulk form or in bulk containers; 2. Under protective cover to the essential exclusion of other uses of the same space due to special NIS fixtures or exposed to the elements; 3. In sufficient numbers, quantities or spatial allocation of the site to determine and rank such uses as the principal use of the site; 4. The major function is the collection and/or distribution of the material and/or products rather than processing; and 5. The presence of fixed bulk containers or visible stockpiles for a substantial period of a year. Bulk storage facilities include, but are not limited to: 1. Automobile holding and transfer depots. 2. Brick or tile storage and manufacturing. 3. Concrete block and products storage and manufacturing. 4. Contractor equipment yards. 5. Equipment or machinery of the stationary 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 exceed those provided for parking lots as defined in RMC 4-4-080, Parking, Loading and Driveway Regulations. 6. Foundries. 7. Fuel yards, wholesale. 8. Grain or feed sites, elevators, or the open storage of grain and feed. 9. Log, random cut and chipped wood by-products storage. chapter 11_amend.doc 4-11-60 December 11, 2001 RMC 4-11 10. Lumber mills and wholesalers. No...- 11. Sand and gravel yards including sizing, transfer and loading equipment when present. 12. Scrap or junk yards and wrecking yards. 13. Solid waste holding and disposal areas. 14. Tank farms including distribution and loading systems. Bulk storage facilities excluded: 1. Land banks, greenbelts, watersheds or public water reservoirs. 2. Parking lots or structures for private licensed automobiles. 3. Ship yards. 4. Warehouses alone or in conjunction with manufacturing on the site and when not including any of the uses listed above in items 1 through 14. 5. 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 lubricants). 6. Retail service stations. 7. Retail sales lots for new or used automobiles. (Ord. 4691, 1-6-1997) STORAGE, HAZARDOUS MATERIAL: A designated facility engaged in storage for more than 24-hours of materials, produced on-site or brought from another site, that are inflammable, explosive, or that present hazards to the public health, safety, and welfare including all substances and materials as defined under hazardous materials, hazardous substances, and hazardous waste. STORAGE, INDOOR: A use engaged in the storage of goods and/or materials characterized by infrequent pick-up and delivery, and located within a building. Indoor storage uses typically are enclosed and provide supervised access to the storage areas within the building. The definition excludes hazardous material storage, self-service storage, warehousing and distribution. acre in area.) (Ord. 4517, 5 8 1995) STORAGE, OUTDOOR: A use engaged in outdoor storage for more than 24-hours, wholesale, rental, and distribution of manufactured products, supplies, and equipment. This definition excludes hazardous material storage, indoor storage, self-service storage, vehicle storage, and warehousing. STORAGE, OUTSIDE: The storage of any materials outside the principal or accessory buildings on a property. STORAGE, SELF-SERVICE: A building or group of buildings consisting of individual, self-contained 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 : A specially designed, paved, and enclosed or partially enclosed area for parking or holding of operable motor vehicles and boats or wheeled equipment for more than seventy two (72) hours. STORM SEWER and STORM DRAIN: A sewer which carries storm surface water, subsurface water and drainage. See RMC 4-6-100. RM DRAIN: See RMC 4 6 100. chapter 11_amend.doc 4-11-61 December 11, 2001 RMC 4-11 STORY: That portion of a building included between the surface of any floor and the surface of the floor, or ceiling if there is no floor, above it. STORY, FIRST: The lowest story in a building which 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 six feet (6') above grade, as defined herein, for more than fifty percent (50%) of the total perimeter, or not more than twelve feet (12') above grade, as defined herein, at any point. STREAM, CREEK. RIVER, OR WATERCOURSE: Any portion of a channel, bed, bank, or bottom waterward of the ordinary high water mark in which fish may spawn, reside, or through which they may pass, and tributary waters with defined beds or bank which influence the quality of fish habitat downstream. This includes watercourses which flow on an intermittent basis or which fluctuate in level during the year, and applies to the entire bed of such watercourse whether or not the water is at peak level. This definition does not include irrigation of ditches, canals, stormwater runoff devices, or other entirely artificial watercourses, except where they exist in a natural watercourse which has been altered by humans or except where there are salmonids. Refer also to RMC 4-3-050B6. (Ord. 4835, 3-27-2000) STREAM ALTERATION: Stream alteration is tThe relocation or change in the flow of a river, stream or creek. A river, stream or creek is surface water runoff flowing in a natural or modified channel. (Ord. 4835, 3-27-2000) STREET, ARTERIAL: Streets intended for higher traffic volumes and speeds as designated by the Department. STREET, COLLECTOR: A street providing access with higher traffic volumes than a typical access street. Collector streets are designated by the Department. STREET, COMMERCIAL ACCESS: A non-arterial street providing access to commercial land uses. STREET FRONTAGE: (For purposes of sign regulations.) Business directly abutting a public right-of-way affording direct access to the business, or having a parking lot used by one business which fronts directly on and gaining vehicular access from the public right-of-way. (Ord. 3719, 4-11-1983; Amd. Ord. 4577, 1- 22-1996) STREET, INDUSTRIAL ACCESS: A non-arterial street providing access to industrial land uses. STREET, RESIDENTIAL ACCESS: A non-arterial street providing access to residential land uses, and not designated as a collector street by the Department. (Ord. 4521, 6-5-1995) STRIP COMMERCIAL USES: An area occupied by businecses that aro engaged ira auto oriented • , 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. (Ord. 3719, 4-11-1983; Amd. Ord. 4577, 1-22-1996) STRUCTURE: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) A combination of materials constructed or erected on the ground or water or attached to something having a location on the ground or water. Shoreline Master Program (Ord. 3758, 12-5-1983, Revised 7-22-1985 (Minutes), 3-12-1990 (Resolution 2787), 7-16-1990 (Resolution 2805) and 9-13-1993 (Minutes)) SUBDIVISION: The division or redivision of land into ten (10) or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership. See also PLAT and PLAT, SHORT.(Ord. chapter 11_amend.doc 4-11-62 December 11, 2001 RMC 4-11 4522, 6-5-1995) 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. Shoreline Master Program (Ord. 3758, 12-5-1983, Revised 7-22-1985 (Minutes), 3-12-1990 (Resolution 2787), 7-16-1990 (Resolution 2805) and 9-13-1993 (Minutes)) 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 separate divisions which are to be developed in increments. The preliminary plat approval shall be conditioned upon completion of the proposed phases in a particular sequence and may specify a completion date for each phase. Final plat approval shall be granted for each separate phase of the preliminary plat and any changes at the preliminary plat stage would require Council approval. (Ord. 4522, 6-5-1995) SUBJECT PROPERTY: The tract of land which is the subject of the permit and/or approval action. (Ord. 4367, 9-14-1992) SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. (Ord. 4851, 8-7-2000) SUBSTANTIAL DEVELOPMENT: Any development of which the total cost or fair market value exceeds two thousand five hundred dollars ($2,500.00) 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). Shoreline Master Program (Ord. 3758, 12-5-1983, Revised 7-22-1985 (Minutes), Resolution 2787, 3-12-1990, Resolution 2805, 7-16-1990, Revised 9-13-1993 (Minutes), Ord. 4716,4-13-1998) SUBSTANTIAL EXISTING IMPROVEMENTS: Physical improvements, such as residential and/or commercial structures and their accessory structures, thatw Kish have a reasonable remaining economic life as indicated by their assessed valuation. (Ord. 4636, 9-23-1996) SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, 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 improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural 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 structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or 2. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. (Ord. 4071, 6-1-1987) SUBTENANT: A person in possession of rental unit through the tenant with the knowledge and consent, express or implied, of the owner. (Ord. 3366, 10-15-1979) SURVEY STANDARDS: City of Renton Survey Standards as adopted by the Planning/Building/ Public 's""' Works Department. (Ord. 4522, 6-5-1995) chapter 11_amend.doc 4-11-63 December 11, 2001 RMC 4-11 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 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. (Ord. 4851, 8-7-2000) TAVERN: An establishment used primarily for the serving of liquor by the drink to the general public that holds a Washington State tavern license. Establishments in this category limit their dedicated dining area to less than 15% of the total establishment and restrict entry to the premises to persons 21 years of age and older. This definition excludes restaurants, cafes, fast-food establishments, microbreweries with restaurants, and espresso stands. TAXI STAND: A facility for pick-up and drop-off of taxi patrons, typically characterized by an area for queuing passenqers and taxis. TEMPORARY USE: A use of limited term Temporary uses may be established under special circumstances 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. (Ord. 3366, 10-15-1979) TERRACE: A relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes. (Ord. 2820, 1-14-1974) fSEPA Termj THRESHOLD LIMIT VALUE (TLV): The concentration of certain airborne materials representing conditions under which it is believed and adopted by the American Conference of Governmental Industrial Hygienists (ACGIH) that nearly all workers may be repeatedly exposed day after day without adverse effects. TOE OF SLOPE: A point or line of a natural slope or slope created through in an excavation or cut where the lower surface changes to horizontal or meets the existing ground surface. The toe of a slope may be a distinct topographic break in slope gradient or the point in which the lower most limit of a steep slope is inclinesd at less than the gradient of that steep slope for a horizontal distance of a minimum of twenty five feet (25'). (Amd. Ord. 4835, 3-27-2000) TOP OF SLOPE: A point or line on the upper surface of a natural slope or slope created through an excavation or cut where it changes to horizontal 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 inclinesd at less than 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 surface point where the excavation meets the original ground surface. B. Top of Embankment: The upper surface point or line to which side slope changes to horizontal or meets original ground surface. (Ord. 2820, 1-14-1974; Amd. Ord. 4835, 3-27-2000) TOW TRUCK OPERATION/AUTO IMPOUNDMENT FACILITY: A facility that dispatches and services tow trucks for hire with associated automotive storage area for impounded vehicles. chapter 11_amend.doc 4-11-64 December 11, 2001 RMC 4-11 TOWNHOUSES: See DWELLING, MULTI-FAMILY. TOXIC SUBSTANCE: Those materials listed and documented by the American Conference of Governmental Industrial Hygienists (ACGIH). TRADE OR VOCATIONAL SCHOOL: A school that provides post secondary education including industrial and technical processes and may include continuing education courses as an accessory use. This definition does not include arts and crafts schools/studios, or other higher education institutions such as colleges, universities, or professional schools. TRAILER: Any vehicle or structure so designed and constructed in such manner as will permit occupancy thereof, with sleeping quarters for one or more persons, and constructed in such a manner as to permit its being used as a conveyance upon the public streets or highways and duly licensable as such, propelled or drawn by its own or other power, excepting a device used exclusively upon stationary rails or tracks. Trailers are not intended for year-round occupancy. TRAILER, INDEPENDENT: A trailer that has a toilet and a bathtub or shower. (Ord. 3746, 9-19-1983) TRAI ER DARK• Anv ion • , trailer. (Ord. 3746, 9 19 1983) TRANSIT CENTER: Any facility designed for accommodating large numbers of public transportation 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 project, designed to provide mechanisms for reducing the vehicle demand generated by an existing or proposed land use. (Ord. 4517, 5-8-1995) TREE: Any living woody plant characterized by one main stem or trunk and many branches and having a caliper of six inches (6") or greater, or a multi-stemmed trunk system with a definitely formed crown. TREE CUTTING: The actual removal of the aboveground plant material of a tree through chemical, manual or mechanical methods. TREE TRIMMING: The pruning covering of the main stem of the tree in order to reduce the overall heigh1canopy of the tree provided that no more than forty percent (40%) of the live crown shall be removed during any toppinngpruninq. (Ord. 4351, 5-4-1992) TRUCK TERMINALS: A building or area in which semitrailers, including tractor and/or trailer units and other trucks are parked, stored for 72 hours or less, and dispatched. This facility may include incidental servicing and washing facilities. 4-11-210 DEFINITIONS U: U.B. .. . 41007, 7 1 1986) +yrr✓ chapter 11_amend.doc 4-11-65 December 11, 2001 RMC 4-11 UNIFORM -BUILDING.-_CODE, STANDARDS: The adopted edition of the Uniform Building Code Standards, published by the International Conference of Building Officials. (Ord. 3719, 4-11-1983; Amd. Nod Ord. 4577, 1-22-1996) UNDERWRITERS' .LABORATORIES..-: The Underwriters' Laboratories, Inc. (Ord. 4007, 7-14-1986) UNAUTHORIZED RELEASE: Any spilling, leaking, emitting, discharging, escaping, leaching, or disposing of a hazardous material into the air, into groundwater, surface water, surface soils or subsurface soils. Unauthorized release does not include: intentional withdrawals of hazardous materials for the purpose of legitimate sale, use or disposal; and discharges permitted under Federal, State or local law. (Ord. 4851, 8-7-2000) UNAUTHORIZED RELEASE, UNDERGROUND STORAGE TANK: See RMC 4-5-120G. (Amd. Ord. 4851, 8-7-2000) (Editor's Note: Although this references a different section of code, this seems to be the same thing as the"unauthorized release"definition above.l proposing to alter regulated wetlands has demonstrated that no practicable alternative exists for the • UNDERGROUND STORAGE FACILITY: See RMC 4-5-120G. • approvals, that is the subject of SEPA compliance. (Ord. 3891, 2 25 1985)JSEPA Terml UNIFORM BUILDING CODE: The adopted edition of the Uniform Building Code, published by the International Conference of Building Officials. (Ord. 3719, 4-11-1983; Amd. Ord. 4577, 1-22-1996) • illumination at the pavement surfase—nrd 452, 6 5 1995) UNIQUE AND FRAGILE AREAS: Those portions of the shoreline which (1) contain or substantially 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). Shoreline Master Program (Ord. 3758, 12-5-1983, Revised 7-22-1985 (Minutes), Resolution 2787, 3-12-1990, Resolution 2805, 7-16-1990, Revised 9-13-1993 (Minutes), Ord.4716, 4-13-1998) UNIQUE/OUTSTANDING #1 RATING: A rating assigned to wetlands in King County which have species that are listed as endangered or threatened, 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 vegetation 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. (Ord. 4346, 3-9-1992) 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 pressures, as weill as areas planned to accommodate future intensive urban expansion. (Ord. 4346, 3-9-1992) 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 Durban growth should not occur,outside these areas. USED: The word "used" in the definition of "Adult Motion Picture Theater" herein describes a continuing chapter 11_amend.doc 4-11-66 December 11, 2001 RMC 4-11 course of conduct of exhibiting "specific sexual activities" and "specified anatomical areas" in a manner which appeals to a prurient interest. Nripow USE: USES, PERMITTEDRIMARY: Land uses allowed permit,„t�ted—outright within a zone, representing the predominant uses within the district.Uses accessory to permitted uses are treated in RMC 4-11-010 AND 4-2-050. USES, PROHIBITED: Any such use not specifically enumerated or interpreted as allowable in that district. See RMC 4-2-050. USES, RESIDENTIAL: Developments where persons reside including but not limited to single family dwellings, apartments, and condominiums. Shoreline Master Program (Ord. 3758, 12-5-1983, Revised 7-22-1985 (Minutes), 3-12-1990 (Resolution 2787), 7-16-1990 (Resolution 2805) and 9-13- 1993 (Minutes)) applicable section fer that—zone and designed to make--the—uses compatible ith prim USES, UNCLASSIFIED: A use which does not appear in a list of permitted, conditional, or accessory uses, but which is interpreted by the Responsible Official, as similar to a listed permitted, conditional, or accessory use and not otherwise prohibited. See RMC 4-2-050. UTILITIES: Al-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 facilities for the generation of electricity. This definition does not include sewage wastewater treatment plants, wireless communication facilities, or solid waste disposal/recycling facilities. (Ord. 4346, 3-9-1992) UTILITIES, LARGE: Large scale facilities with either major above-ground visual impacts, or serving a the entire City or regional need such as microwave substations, radio/television antennas, two hundred thirty (230) kv power transmission lines, natural gas transmission lines, and regional water storage tanks and reservoirs, regional major water transmission lines or regional sewer collectors and interceptors, over thirty inches (30") in diameter, solid waste disposal or processing, sewage or wactewater treatment plants nd generating facilities UTILITIES, MEDIUM: Moderate scale facilities serving a sub area of the City, including power lines, sub-regional switching stations (one hundred fifteen (115) kv), and similar structures municipal sewer, water, and storm water facilities not included in a Council-adopted utility system plan. UTILITIES, SMALL: Small scale facilities serving a-local areas within the City, including underground power lines, watec and sewer, and storm water facilities included within a Council-adopted utility system plan, fiber optic cable, lines, storm drainage facilities, transformers, pump stations and hydrants, switching boxes, and other structures normally found in a street right-of-way to serve adjacent properties. UTILITY STANDARDS: For purposes of the aquifer protection regulations contained in RMC 4-3-050, Critical Area Regulations, standard design and construction practices adopted by the Renton Water Utility. (Ord. 4851, 8-7-2000) chapter 11_amend.doc 4-11-67 December 11, 2001 RMC 4-11 4-11-220 DEFINITIONS V: Noid 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 underlying 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 Classification of Wetlands and Deepwater Habitats of the U.S. FWS/OBS —79/31 (Cowardin, et al., 1979). (Ord. 4346, 3-9-1992) VEHICLE FUELING STATION: See FUELING STATION, VEHICLE VEHICLE: 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 airplane or aircraft. 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 RENTALS, SMALL: Rental and incidental storage and servicing of motor vehicles including 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 RENTALS, LARGE: Rental 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 rentals, and lame 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 incidental servicing of motor vehicles including, but not limited to, motorcycles, passenger cars, watercraft, light trucks, vans, and similar size vehicles which have qross vehicle weights less than ten thousand (10,000) pounds. This use excludes large vehicle sales, and large and small vehicle rentals. VEHICLE SERVICE AND REPAIR: Maintenance of motorized vehicles including exchange of parts, installation of lubricants, tires, batteries, and similar vehicle accessories, minor customizing and detail operations, but excluding operations associated with body shops, and industrial engine or transmission rebuild operations. (Ord. 4715, 4-6-1998) VEHICLE STORAGE: See STORAGE, VEHICLE VEHICLE, SMALL: Motor vehicles including, but not limited to, metorcyclos, pas.,onger cars, fight trucks, n ton thousand (10,000) pounds. VETERINARY OFFICES/CLINICS: A place where common household pets are given medical care and the accessory indoor boarding of animals is limited to short-term care incidental to the hospital use. chapter 11_amend.doc 4-11-68 December 11, 2001 RMC 4-11 4-11-230 DEFINITIONS W: WAREHOUSING: A use engaged in storage, wholesale sales, and distribution of manufactured products, supplies, and equipment. This use excludes hazardous material storage. indoor storage, outdoor storage, self-service storage, and vehicle storage. WASTE RECYCLING AND TRANSFER FACILITIES: Facilities for the collection of solid waste for either recycling or transfer to a landfill or disposal facility. This definition includes but is not limited to concrete and construction recycling operations. 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. (Ord. 4007, 7-14-1986) WATERCOURSE: See RMC 4-6-100. WATER-DEPENDENT: Referring to uses or portions of a use which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. Examples of water- dependent uses may include ship cargo terminal loading areas, ferry and passenger terminals, barge loading facilities, ship building and dry docking, marinas, aquaculture, float plane facilities and sewer outfalls. WATER-ENJOYMENT: Referring to a recreational use, or other use facilitating public access to the shoreline as a primary characteristic of the use; or a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and which through the location, design and operation assures the public's ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a water-enjoyment use, the use must be open to the general public and the shoreline oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment. Primary water-enjoyment uses may include, but are not limited to, parks, piers and other improvements facilitating public access to the shorelines of the state; and general water-enjoyment uses may include, but are not limited to, restaurants, museums, aquariums, scientific/ecological reserves, resorts/hotels and mixed use commercial/office; provided that such uses conform to the above water-enjoyment specifications and the provisions of the Shoreline Master Program. WATER-ORIENTED/NONWATER-ORIENTED: "Water-oriented" refers to any combination of water- dependent, water-related, and/or water-enjoyment uses and serves as an all-encompassing definition for priority uses under the Shoreline Management Act. "Nonwater-oriented" serves to describe those uses which have little or no relationship to the shoreline and are not considered priority uses under the Shoreline Management Act. Examples of nonwater-oriented uses include professional offices, automobile sales or repair shops, mini-storage facilities, multi-family residential development, department stores and gas stations; these uses may be considered water-oriented where there is significant public access. WATER-RELATED: Referring to a use or portion of a use which is not intrinsically dependent on a waterfront location, but whose economic viability is dependent upon a waterfront location because: A. Of a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water, or B. The use provides a necessary service supportive of the water-dependent commercial activities and the proximity of the use to its customers makes its services less expensive and/or more convenient. Examples include manufacturers of ship parts large enough that transportation becomes a significant factor in the products cost, professional services serving primarily water-dependent activities and storage of water-transported foods. Examples of water-related uses may include warehousing of goods transported by water, seafood processing plants, hydroelectric generating plants, gravel storage when transported by barge, oil refineries where transport is by tanker, and log storage. Shoreline Master Program (Ord. 3758, 12-5- chapter 11_amend.doc 4-11-69 December 11, 2001 RMC 4-11 1983, Revised 7-22-1985 (Minutes), Resolution 2787, 3-12-1990, Resolution 2805, 7-16-1990, Revised 9-13-1993 (Minutes), Ord. 4716, 4-13-1998) WELL: A pit or hole dug into the earth to reach an aquifer. (Ord. 4851, 8-7-2000) WELL FIELD: An area which contains one or more wells for obtaining a potable water supply. (Ord. 4851, 8-7-2000) WETLAND: For the purposes of inventory, incentives, and nonregulatory programs, those lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For the purposes of regulation, wetlands are defined by Washington State Wetlands Identification and Delineation Manual pursuant to RMC 4-3-050M4a. Wetlands created or restored as part of a mitigation project are regulated wetlands. Wetlands do not include those artificial wetlands intentionally created for purposes other than wetland mitigation, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, or landscape amenities, or those wetlands created after July 1, 1990 that were unintentionally created as a result of the construction of a road, street, or highway. Drainage ditches are not considered regulated wetlands. Also refer to RMC 4-3-050B7. (Amd. Ord. 4835, 3-27-2000) WETLAND BUFFERS or WETLAND BUFFER ZONES: Areas that surround and protect a wetland from adverse impacts to its functions and values. Buffers are designated areas adjacent to a regulated wetland which protect the wetland from changes in the location of the wetland edge. Wetland buffers minimize the short and long term impacts of development on properties adjacent to wetlands, preserve important wildlife habitat, allow for infiltration and water quality improvement, protect buildings, roads and other infrastructure as well as property owners from flood damage in years of high precipitation. (Amd. Ord. 4835, 3-27-2000) WETLAND CATEGORY: A classification system used for the purpose of regulating wetlands in the City. The criteria for determining a wetland's category are listed in RMC 4-3-1101. WETLAND CREATION: Actions performed to intentionally establish a wetland at a site where it did not formerly exist. (Ord. 4346, 3-9-1992) WETLAND, DISTURBED: Wetlands meeting the following criteria: A. Are characterized by hydrologic isolation, hydrologic alterations such as diking, channelization, and/or outlet modification; and B. 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 Washington State Wetlands Identification and Delineation Manual pursuant to RMC 4-3-050M4a. (Amd. Ord. 4835, 3-27-2000) WETLAND, EMERGENT: A regulated wetland with at least thirty percent (30%) of the surface area covered by erect, rooted herbaceous vegetation as the uppermost vegetative strata. WETLAND ENHANCEMENT: Actions performed to improve the functioning of an existing wetland but which do not increase the area of the wetland. (Ord. 4346, 3-9-1992) WETLAND, FORESTED: A vegetation community with at least twenty percent (20%) of the surface area covered by woody vegetarian (trees) greater than twenty feet (20') in height. WETLAND, IN-KIND COMPENSATION: To replace wetlands with substitute wetlands whose characteristics closely approximate those destroyed or degraded by a regulated activity. (Ord. 4346, 3-9 Nod - chapter 11_amend.doc 4-11-70 December 11, 2001 RMC 4-11 1992) �..- WETLAND, ISOLATED: Those regulated wetlands which are: A. Are outside of and not contiguous to any one hundred (100) year floodplain of a lake, river, or stream; and B. Have no contiguous hydric soil or hydrophytic vegetation between the wetland and any surface water. WETLAND, OFF-SITE COMPENSATION: To replace wetlands away from the site on which a wetland has been impacted by a regulated activity. (Ord. 4346, 3-9-1992) WETLAND, ON-SITE COMPENSATION: To replace wetlands at or adjacent to the site on which a wetland has been impacted by a regulated activity. (Ord.4346, 3-9-1992) WETLAND, REGULATED: See RMC 4-3-050M1a. (Ord. 4346, 3-9-1992; Amd. Ord. 4835, 3-27-2000) WETLAND RESTORATION: Actions performed to re-establish wetland functional characteristics and processes w 61,1that have been lost by alterations, activities, or catastrophic events within an area whish+that no longer meets the definition of a wetland. (Ord. 4346, 3-9-1992) WETLAND, SCRUB-SHRUB: A regulated wetland with at least thirty percent (30%) of its surface area covered by woody vegetation less than twenty feet (20') in height at the uppermost strata. (Ord. 4346, 3- 9-1992) swim"- WE--T-L-441 -T-14esei-areas-that-are-i4u-n-elate421-0-r-satuFated-by-su4stase-er-g-Peate-F-at-a-freque-ney-and acid similar areas... (Ord. 4.351, 5-4-1992) WETLANDS: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) Areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990 that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands include artificial wetlands created from nonwetland areas to mitigate the conversion of wetlands. Shoreline Master Program (Ord. 3758, 12-5-1983, Revised 7-22-1985 (Minutes), Resolution 2787, 3-12-1990, Resolution 2805, 7-16-1990, Revised 9-13-1993 (Minutes), Ord. 4716, 4-13-1998) 'Editor's Note: Duplicative of Wetland and Wetlands - but keeping for now because it's a Shoreline definition] WETLANDS, NEWLY EMERGING: A. Arc wWetlands occurring on top of fill materials; and B. Characterized by emergent vegetation, low plant species richness and used minimally by wildlife. These wetlands are generally found in the Black River Drainage Basin. (Ord. 4346, 3-9-1992) WILDLIFE HABITAT: An area characterized by wildlife that forage, nest, spawn, or migrate through in search of food or shelter. chapter 11_amend.doc 4-11-71 December 11, 2001 RMC 4-11 WIRELESS COMMUNICATION FACILITIES—TERMS RELATED TO: ACCESSORY ANTENNA DEVICE: An antenna which is less then twelve inches (12") in height or width, excluding the support structure (examples: test mobile antennas and global positioning (GPS) antennas). ANTENNA: Any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio frequency signals. Antennas include the following types: 1. Dish antenna: see Parabolic antenna. 2. Omni-directional antenna (also known as a "whip" antenna) transmits and receives radio frequency signals in a three hundred sixty degree (360°) radial pattern, and which is up to sixteen feet(16') in height and up to four inches (4") in diameter. 3. Directional antenna (also known as a "panel" antenna) transmits and receives radio frequency signals in a specific directional pattern of less than three hundred sixty degrees (360°). 4. Panel antenna: see Directional antenna. 5. Parabolic antenna (also known as a "dish" antenna) is a bowl-shaped device for the reception and/or transmission radio frequency communications signals in a specific directional pattern. 6. Whip antenna: see Omni-directional antenna. ATTACHED WIRELESS COMMUNICATION FACILITY: A wireless communication facility that is affixed to an existing structure, for example, an existing building, tower, water tank, utility pole, etc., which does not include an additional wireless communication support structure. COLLOCATION: The use of a single support structure and/or site by more than one wireless communications provider. EQUIPMENT SHELTER OR CABINET: A room, cabinet or building used to house equipment for utility or service providers. FAA: The Federal Aviation Administration, which maintains stringent regulations for the siting, building, marketing and lighting of cellular transmission antennas near airports or flight paths. FCC: The Federal Communication Commission, which regulates the licensing and practice of wireless, wireline, television, radio and other telecommunications entities. GUYED TOWER: A freestanding or supported wireless communication support structure which 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. LATTICE TOWER: A self-supporting wireless communication support structure which consists of metal crossed strips or bars to support antennas and related equipment. MACRO FACILITY: An attached wireless communication facility which consists of antennas equal to or less than sixteen feet (16') in height or a parabolic antenna up to one meter (39.37") in diameter and with an area not more than one hundred (100) square feet in the aggregate as viewed from any one point. MICRO FACILITY: An attached wireless communication facility which consists of antennas equal to or less than six feet (6') in height or a parabolic antenna with an area of not more than five hundred eighty(580) square inches in the aggregate (e.g., one foot (1') diameter parabola or two feet (2') x chapter 11_amend.doc 4-11-72 December 11, 2001 RMC 4-11 one and one-half feet(1-1/2') panel) as viewed from any one point. Also known as a Microcell. MINI FACILITY: An attached wireless communication facility which consists of antennas equal to or less than ten feet (10') in height or a parabolic antenna up to one meter (39.37") in diameter and with an area not more than fifty (50) square feet in the aggregate as viewed from any one point. MONOPOLE I: A wireless communication support structure which consists of a freestanding support structure, less than sixty feet (60') in height, erected to support wireless communication antennas and connecting appurtenances. MONOPOLE II: A wireless communication support structure which consists of a freestanding support structure, sixty feet (60') or greater in height, erected to support wireless communication antennas and connecting appurtenances. PROVIDER: A company providing telephone or other communications service. 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. RESIDENTIALLY ZONED PARCEL: Any parcel or property with one of the following zoning designations: Resource Conservation (RC), Residential-1 DU/AC (R-1), Residential-5 DU/AC (R-5), Residential-8 DU/AC (R-8), Residential-10 DU/AC (R-10), and Residential-14 DU/AC (R-14). SUPPORT STRUCTURE: see Wireless Communication Support Structure. TOWER: see Wireless Communication Support Structure. WCF: see Wireless Communication Facility(WCF). 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, a support structure, antennas (e.g., omni-directional, panel/directional or parabolic) and related equipment, generally contained within a compound. For purposes of this Title, a WCF includes antennas, support structures and equipment shelters, whether separately or in combination. WIRELESS COMMUNICATION SUPPORT STRUCTURE: The structure erected to support wireless communication antennas and connecting appurtenances. Support structure types include, but are not limited to, stanchions, monopoles, lattice towers, wood poles or guyed towers. (Ord. 4689, 11-24- 1997) WRECKING YARD, AUTO: A facility for the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled or wrecked vehicles or their parts. 4-11-240 DEFINITIONS X: (Reserved) 4-11-250 DEFINITIONS Y: YARD: An open unoccupied--space between a building and thee lot line . YARD REQUIREMENT: An open space on a lot or block unoccupied by structures, unless specifically authorized otherwise. specified in chapter 4 2 RMC. The Development Services Division shall determine the various requirements for uniquely shaped lots and pipestem lots. saw— A. Front Yard: The yard requirement which separates the main structure from public right(s)-of-way. For chapter 11_amend.doc 4-11-73 December 11, 2001 RMC 4-11 "through" lots and parcels with no street frontage, the ront yard will be determined by the Development Services Division Director. B. Rear Yard: The yard requirement opposite one of the front yards. 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. C. Side Yard: The yard requirement which is neither a front yard nor a rear yard. 4-11-260 DEFINITIONS Z: ZERO LOT LINE: A siting technique which allows single family houses to be built along one lot line. (Amd. Ord. 4773, 3-22-1999) ZIPPER LOTS: A division of property using smaller lots with offset rear lot lines to allow a usable rear yard. ZONE: A portion of tho torritory of the City to which a uniform set of regulations applies controlling the types and intensities of land uses. ZONING ADMINISTRATOR: The Planning/Building/Public Works Administrator or his/her designated representative. 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; Amd. Ord. 4549, 8-21-1995; Amd. Ord. 4584, 2-12-1996; Amd. Ord. 4587, 3-18-1996;Amd. Ord. 4595, 4-8-1996) Naid chapter 11_amend.doc 4-11-74 December 11, 2001 RMC 6-6 TITLE 6, CHAPTER 6 ANIMALS AND FOWL AT LARGE 6-6-3 FOWL AT LARGE: It shall be unlawful for any person to allow or permit any chicken, pigeon or other domestic fowl owned or in the custody or control of said person, to run at large in the City. acre in size, the size of the flock of fowl shall be limited to no more than twelve (12) animals. To the extent that any flock above twelve (12) animals exists as of the time of adoption of this Chapter, it shall be reduced to no more than twelve (12) y (90) daysThe number of fowl permitted on a lot, shall be consistent with RMC 4-2-060, Zoning Use Table. (Ord. 4185, 11;14-88) [Editor's Note: Removes conflict with animal husbandry allowances in Use Table which allows between 6 and 20 small animals on an acre lot in the residential zones.1 6-6-4 DEFINITIONS: For the purpose of this Chapter the following definitions shall be controlling: ANIMALS, WILD OR DANGEROUS: Any animal which is not domesticated and habituated to human presence, and/or any animal which poses a threat to human life or well-being. Examples of wild and dangerous animals include, but are not limited to, venomous snakes, alligators and crocodiles, carnivorous or omnivorous predators such as bears, mountain lions, cloven-hoofed herbivores • unaccustomed to humans such as deer or elk, any wolf, wolf-hybrid, or any dog portrayed as a wolf, and other animals as determined by the animal control officer to be a threat to public safety and human well- being. 6-6-12 WILD OR DANGEROUS ANIMALS: A. The keeping of wild or dangerous animals is prohibited. • JEditor's Note: The above definition is proposed by the Planning Commission. The prohibition is moved from RMC 4-4-010.1 CHAPTER 6 ANIMALS.doc 1 December 11, 2001 PROPOSED TITLE IV REVISIONS TO: USE TABLE USE NOTES SELECTED DEFINITIONS December 11 , 2001 With Revisions Accepted — 11 x 17 ta'N i' PRINCIPAL AUTHORS: Economic Development/Neighborhoods/Strategic Planning Department Bucher,Willis& Ratliff Corporation Use_Tables_DEC_NOTEchg_clean_1 1 x17.doc December 11, 2001 EDITOR'S LEGEND Change in Permit Type or Note Planning Commission Docket ltern or Requires Discussion Recommended Change • • Blank=Not Allowed P=Permitted Use P#=Permitted provided condition AC=Accessory Use can be met AD=Administrative Conditional Use H=Hearing Examiner Conditional Use #=Condition(s) General Note: Uses may be restricted by: RMC 4-3-020, Airport Related Height and Use Restrictions, and Aquifer Protection Regulations found in RMC 4-3-050.C, Applicability, Critical Area Regulations. In the CA and IM zones, uses may further be restricted by RMC 4-3-040.C, Uses Permitted in the Automall Improvement Districts. Page 1 Use_Tables_DEC_NOTEchg_clean_11 x17.doc December 11, 2001 4-2-060 ZONING USE TABLE ZONING USE TABLE RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS USES RC R-1 R-5 R-8 RMH R-10 R-14 RM IL IM IH CC CN CS CA CD CO COR A. AGRICULTURE, RESOURCE PRODUCTION AND ANIMAL KEEPING ANIMAL RELATED USES Animals Animal husbandry (20 or fewer P51 P51 P51 P51 P51 small animals per acre) Animal husbandry(4 or fewer P51 P51 P51 P51 P51 medium animals per acre) Animal husbandry(maximum of 1 P51 P51 P51 P51 P51 large animal per acre) Greater number of animals than H36 H36 H36 H36 H36 allowed above Beekeeping P35 P35 1.75.11P35 Pets, common household, up to 3 AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC per dwelling unit or business establishment Kennels, hobby AC37 AC37 AC37 AC37 AC37 AC37 AC37 AC37 AC37 AC37 AC37 AC37 AC37 AC37 AC37 AC37 AC37 Animal Related Services Kennels e.2.V.II—i P37 P 37 P37 Stables, commercial AD37 AD37 I I Agriculture and Natural Resources Agriculture P P 1 Natural resource H H H H H H H H H H59 H H H H H H H H extraction/recovery (Amd. Ord. 4786, 7-12-1999) NOTES: 35194. Provided they are established on lots a Hobby Kennels require a Hobby Only combinations of medium minimum of one acre in size. Setbacks Kennel License per RMC 4-9- and small animals or large and and other limitations apply per RMC 4-4- 100. small animals may be permitted 010, Standards and Review Criteria for b. IL Zone — Kennels: In the IL outright on one acre, provided Keeping Animals. Zone, when operations are that the overall total of animals predominantly conducted out of is consistent with the 361-9-6. A greater number of animals per acre doors rather than completely requirements per acre (for than are otherwise allowed in this Zone enclosed within an enclosed example, ten small animals plus may be permitted by the Hearing structure, an Administrative two medium animals). Examiner; provided: a. The keeping of Conditional Use Permit is b. R-8 and R-10 Zones — Small animals must meet the conditions of required. Animals: Only six (6) or fewer RMC 4-4-010F, General Requirements c. IM Zone — Kennels and Hobby small animals per acre are for Keeping Animals; and b. A farm Kennels: Within the area south permitted. management plan has been adopted of 1-405 and north of SW 16th c. R-8 and R-10 Zones — Large based on the King County Conservation St. only indoor kennels or indoor Animals: Large animals are District's Farm Conservation and hobby kennels are permitted. permitted on lots four (4) acres Practice Standards showing the or greater in size. Only one (1) adequate pasturage to support a larger 51215. a. General Requirements: No large animal per two (2) acres is number of animals is available. animals are allowed on lots less permitted. than one acre in size. Animal 37204. a. General Requirements: Subject husbandry uses are subject to 592-7-0. Excluded within the area south of 1-405 to requirements of RMC 4-4- the standards listed in RMC 4-4- and north of SW 16`h St. 010, Standards and Review 010, Standards and Review Criteria for Keeping Animals. Criteria for Keeping Animals. DEFINITIONS: AGRICULTURE: Use of land for growing crops ANIMALS, MEDIUM: Goats, sheep, pigs and NATURAL RESOURCE EXTRACTION: Land for sale or consumption. This use includes the other animals of similar size and characteristics. used for timber harvesting consistent with the necessary accessory uses for packing, treating, Forest Practices Act or silviculture, mineral or storing the produce provided that the ANIMALS, SMALL: Rabbits, chickens, ducks, extraction, or natural resource recovery such as operation of the accessory use is clearly geese, and other animals of similar size and mining reclamation or reforestation. This incidental to the agricultural activity. This characteristics. definition excludes Christmas tree farms, definition includes but is not limited to produce nurseries, and agriculture. farms and Christmas tree farms. This definition KENNEL: A commercial facility for the care excludes nurseries and animal husbandry. and/or breeding of dogs and/or cats . PETS, COMMON HOUSEHOLD: Dogs, cats, and other similar-sized animals, as determined ANIMAL HUSBANDRY: The raising of KENNEL, HOBBY: A facility for the care and/or by the Development Services Division Director, domesticated animals other than common breeding of four (4) to eight (8) adult dogs, cats typically sold in pet stores. household pets. or combination of dogs and cats, older than four (4) months in age, excluding small animal STABLES, COMMERCIAL: A land use on which ANIMALS, LARGE: Horses, ponies, cows, hospitals, clinics, pet shops, or grooming equines are kept for sale or hire to the public. llamas, oxen, buffalo, deer, and other animals of services. Hobby kennels are only operated by Breeding, boarding, or training of equines may similar size and characteristics. persons residing in the primary dwelling unit on also be conducted. the property on which the hobby kennel is kept. Blank=Not Allowed P=Permitted Use P#=Permitted provided condition AC=Accessory Use can be met AD=Administrative Conditional Use H=Hearing Examiner Conditional Use #=Condition(s) General Note: Uses may be restricted by: RMC 4-3-020, Airport Related Height and Use Restrictions, and Aquifer Protection Regulations found in RMC 4-3-050.C, Applicability, Critical Area Regulations. In the CA and IM zones, uses may further be restricted by RMC 4-3-040.C, Uses Permitted in the Automall Improvement Districts. Page 2 Use_Tables_DEC_NOTEchg_clean_11 x17.doc December 11, 2001 r ONING USE TABLE RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS USES RC R-1 R-5 R-8 RMH R-10 R-14 RM IL IM IH CC CN CS CA CD CO COR B. RESIDENTIAL •ttached Dwellings _____P50 P50 P19 ___P18 P20 P20 P18 P16 P19 g 's'>sqttsaa'. ,.,%, "^ >; =t, „�a sg-s�, f' �,.Lk -� to ..s:. `, ,,`,'.: ,y»'Z>.Y-, .s fY .^,4\"ems rr `& t'a l�'t .�fv \ " .• :: '"" .P'.,. • `S, 21 sy -LA? * ,:i.;i . e„: - ty: ` �.3� trr ,b,,. ¢-e� , . # 'c�G za 4. '~�{ -�' . .,:�rfx ,em ��S`r X ry .. VP, . s? r:«i�'•� � � .�.e,�r- :w`'�,Fd s�: _,.e ..,. � t°. �t3, .,r -,4 en `t-• 7 ,'",',Y _ ^ x a: PAS z t 3r a :.•. 1y P ._ • ;t � x:a••..,�+� re �x. • ,� - ' -.. a � (C ��� fi zgz ° ' . . : r � � " � �� � v... ay .< . fF:�. u�� i�•� > .., " S>� �.� � ?as � � ������e 4' � .1i4,w' etlr rrtei reIderi 4- N ‘:,:l'° P20 It P20 ,w 1a,s`* P3hfr, ,P39 . Detached dwelling P19 P19 P19 P19 P19 P19 _____P20 P20 Defa .600611trl g"extstir,"i g f. , 4 : f p ,� '* ra P 414 4 ,�° Y- ;. S/' �.rs. :,a�_ � ,,. , �ng,�. ,,; ,.k �;_ _. _s.'�i�.�r�>�+_, ��� °:o_ . Semi-attached dwelling _____P19 P19 _____P20 P20 ��__ Caretaker's residence ____MINI___EIIIIIMBligm_______ Manufactured Homes, Etc. Manufactured homes ____P19 Manufactured homes, designated P19 P19 P19 P19 P19 P19. P19 Mobile homes ---- P19 --------_---- Other Residences, Lod•in., and Home Occu•ations :> :,'''a 'e' 's^qz"�;y .ti. ta "IL' r:0 #. ' `sr:0. ''. i r#'.'' MISKINEME <.ry 'a.,n, `4A� .a,r4-,+ ���r,`++�Y,� _.Gti��g ' fir",r, as��'. �. AIL F'.�,�'r,�.. ., r._. .__ - F�v,rr,�.` 6.� > r..�:.:. '�a �'�,..».���3 a's. •dult famil home PPPPPPPP ____P20 P20 P3 Y(*din•:atadlef.'tT•,; • s„?. , �. n, ;,, Y. ' p . ",,r ;�z.,,�,,t , P20st P20 �, .... 'P3filt,* f4v:‘*t17427114. h :., yc ;• s =11 4°P.',4,,z NM ¥ ai 41141 6 �, ,o 8; (for_6 ertAk-s . ,Y Y10 L _'P'' E 2C)je P' f'QU• tr m't tJ fbr° of W .,o, ` H , A04-04416 pattN p20":14 v$ ' v Home occu•ations •C6 •C6 •C6 •C6 •C6 •C6 •C6 •C6 ___ •C6 •C6 •C6 •C6 •C6 _•C6 Amd. Ord. 4773, 3-22-1999; Ord. 4777, 4-19-1999; Ord. 4786, 7-12-1999; Ord. 4802, 10-25-1999; Ord. 4857, 10-21-2000 NOTES: 31-6. These uses shall not be located on the Zone; provided, that flats or Neighborhood Center Residential Bonus ground floor along street frontage in the townhouses are within a District. "Downtown Pedestrian District". See structure containing retail and/or Downtown Pedestrian District Map in onsite service uses on the 3920g. Requirements for uses not associated RMC 4-2-080D. ground floor. with a medical institution: Use must be b. CA Zone - Additional: located within the Center Institution (CI) 633. Subject to the requirements of RMC 4-9- Residential uses are not land use designation. 090, Home Occupations, with the written permitted in the Employment approval of the property owner, if tenant Area, Valley (EAV) land use 50214. a. General Requirements: occupied. designation. See EAV Map in Permitted subject to the RMC 4-2-080B. applicable density limitations, 736. Subject to the development standards building length, and dwelling applicable to primary structures. 19113. Subject to the density limitations located unit type mix requirements of in the development standards for this the development standards for 1676. Subject to the density limitations located Zone. this Zone. in the development standards for this b. R-10 Zone: Limited to no more Zone. Residential uses shall not be 20116. Subject to the density limitations located than 4 attached dwellings per located along the street frontage on the in the development standards for this building. ground floor in the "Downtown Zone. Projects within the Neighborhood c. R-14 Zone: Buildings shall not Pedestrian District". and Suburban Centers Residential exceed six (6) dwelling units per Bonus District, RMC 4-3-095B3, are structure except as provided in 18107. a. General Requirements: Subject also subject to the provisions and RMC 4-2-135, Bonuses. to the density limits of the development standards in RMC 4-3- development standards for this 095C and D, Suburban and DEFINITIONS: DWELLING UNIT, ACCESSORY: An one or more common roofs, walls, or floors. independent subordinate dwelling unit contained Typically, the unit's habitable area is ADULT FAMILY HOME: A state-licensed facility within a single-family detached dwelling or its provided on a single level. Unit entrances providing personal care, room and board within accessory detached garage. The unit shall be may or may not be provided from a common a dwelling unit to more than one person, but not used to house family members related to the corridor. (Ord. 4773, 3-22-1999) more than four (4) adults, not related byblood or property owner or an employee of the property B. Townhouse: A one-family, ground-related marriage to the person(s) providing the service. owner. dwelling attached to one or more such units A maximum of six (6) adults may be permitted if the Washington State Department of Social and CARETAKER'S RESIDENCE: A dwelling unit in which each unit has its own exterior, Health Services determines the home is of located on the site of a nonresidential use and ground level access to the outside, no unit is adequate size and the home and provider are occupied only by a caretaker or guard employed located over another unit, and each unit is capable of meeting standards and qualifications on the premises, and consisting of only one separated from any other unit by one or as provided for in chapters 70.128 RCW and residence per permitted establishment. more vertical common walls. Typically the units are multi-story. (Ord. 4773, 3-22-1999) 388-76 W AC. DWELLING, MULTI-FAMILY: C. Carriage House: One or more accessory BOARDING OR LODGING HOUSE: A dwelling dwelling units attached to a garage. The or part of a dwelling other than a motel or hotel, Dwelling, Attached: A one-family dwelling garage attached to the carriage house where lodging with or without meals is provided attached to one or more one-family typically contains vehicles and/or storage for for compensation and boarding rooms do not dwellings by common roofs, walls, or floors. people living in another building as well as contain all of the requisite components of a This definition does not include retirement occupants of the carriage house. dwelling unit . Proprietors of the facility must live residences, boarding and lodging houses, D. Penthouse: A single dwelling unit located at on-site for the facility to be considered a accessory dwelling units, adult family or near the top of a building containing boarding or lodging house. This definition does homes, group home I or group home II as other, non-residential uses. not include adult family homes, accessory defined herein. (Ord. 4773, 3-22-1999) dwelling units, bed & breakfast houses, group A. Flat: A residential building containing two (2) homes I or II, or retirement residences. or more dwelling units which are attached at Blank=Not Allowed P=Permitted Use P#=Permitted provided condition AC=Accessory Use can be met AD=Administrative Conditional Use H=Hearing Examiner Conditional Use #=Condition(s) General Note: Uses may be restricted by: RMC 4-3-020,Airport Related Height and Use Restrictions, and Aquifer Protection Regulations found in RMC 4-3-050.C, Applicability, Critical Area Regulations. In the CA and IM zones, uses may further be restricted by RMC 4-3-040.C, Uses Permitted in the Automall Improvement Districts. Page 3 Use_Tables_DEC_NOTEchg_clean_11x17.doc December 11, 2001 DWELLING, SINGLE FAMILY: deemed vulnerable and/or disabled and are not home park subdivision for which the construction a threat to self or to public health or safety. of facilities for servicing the lots on which the A. Dwelling, Detached: A building containing manufactured homes are to be affixed one dwelling unit which is not attached to HOME OCCUPATION: Any commercial use (including, at a minimum, the installation of any other dwelling by any means except conducted entirely within a dwelling or utilities, the construction of streets, and either fences, has a permanent foundation, and is accessory structure and carried on by persons final site grading or the pouring of concrete surrounded by open space or yards. (Ord. residing in that dwelling unit, but is clearly pads) is completed before the effective date of 4773, 3-22-1999) incidental and secondary to the use of the adopted floodplain management regulations. B. Dwelling, Semi-Attached: A one-family dwelling as a residence. (Ord. 4851, 8-7-2000) dwelling attached to only one other one- MANUFACTURED HOME: A residential MANUFACTURED HOME PARK OR family dwelling at secondary or ancillary structure, transportable in one or more sections, SUBDIVISION, NEW: A manufactured home building parts such as garages, carports, that is built on a permanent chassis and is trellises, porches, covered decks, or other park or subdivision for which the construction of secondary connection approved by the City, designed for use with or without a permanent facilities for servicing the lots on which the and not connected at building parts foundation when connected to the required manufactured homes are to be affixed (including containing living areas. (Ord. 4773, 3-22- utilities. For insurance purposes the term at a minimum, the installation of utilities, the 1999) "manufactured home" does not include park construction of streets, and either final site trailers, travel trailers and other similar vehicles. grading or the pouring of concrete pads) is DWELLING UNIT: A structure or portion of a The term "manufactured home" does not include completed on or after the effective date of structure designed, occupied or intended for a "recreational vehicle," or mobile home. (Ord. adopted floodplain management regulations. occupancy as separate living quarters with 4071, 6-1-1987; Anil. Ord. 4851, 8-7-2000) (Ord. 4851, 8-7-2000) cooking, sleeping and sanitary facilities provided MANUFACTURED HOME, DESIGNATED: A MOBILE HOME: A factory-built structure, for the exclusive use of a single household. residential manufactured home that meets the transportable in one or more sections, built on a DWELLING UNIT, ATTACHED: See following requirements: chassis and designed to be a dwelling without a DWELLING UNIT, MULTI-FAMILY. permanent foundation, that was constructed A. It is comprised of at least two (2) fully prior to the enactment of the National GROUP HOME I (REHABILITATION): A facility enclosed parallel sections each not less Manufactured Home Construction and Safety or dwelling unit housing persons, unrelated by than twelve feet (12') wide by thirty six feet Standards Act of 1974. This definition does not blood or marriage and operating as a group (36') long, include recreational vehicles, manufactured family household. A rehabilitative group home B. It has a composition, wood shingle, coated homes, or designated manufactured homes. may include halfway houses and substance metal or similar roof of not less than three to RETIREMENT RESIDENCE: A facility or group abuse recovery homes. twelve (3:12) pitch, and of buildings which provide residential facilities, GROUP HOME II (PROTECTIVE RESIDENCY): C. It has exterior siding similar in appearance including a common kitchen and dining room A facility or dwelling unit housing persons, to siding materials commonly used for without full kitchen facilities in each unit, for including resident staff, unrelated by blood or conventional site-built single family residents sixty two (62) or more years in age, marriage and operating as a group family residences. except for spouses for whom there is no household. Staff persons provide care, minimum age requirement. Retirement education, and participation in community MANUFACTURED HOME PARK OR residences include federally assisted senior activities for the residents with the primary goal SUBDIVISION: A parcel (or contiguous parcels) housing facilities. This definition excludes multi- of enabling the resident to live as independently of land "divided" into two (2) or more family (attached) dwelling units, boarding and as possible. A protective residency may include manufactured home lots for rent or sale. (Ord. lodging houses, convalescent facilities, adult disabled (mentally and physically) persons, 4851, 8-7-2000) family homes, and group homes I and II as defined herein. foster child care, abused women shelters, MANUFACTURED HOME PARK OR orphanages and other uses where residents are SUBDIVISION, EXISTING: A manufactured Blank=Not Allowed P=Permitted Use P#=Permitted provided condition AC=Accessory Use can be met AD=Administrative Conditional Use H=Hearing Examiner Conditional Use #=Condition(s) General Note: Uses may be restricted by: RMC 4-3-020, Airport Related Height and Use Restrictions, and Aquifer Protection Regulations found in RMC 4-3-050.C, Applicability, Critical Area Regulations. In the CA and IM zones, uses may further be restricted by RMC 4-3-040.C, Uses Permitted in the Automall Improvement Districts. Page 4 Use_Tables_DEC_NOTEchg_clean_11x17.doc December 11, 2001 r ONING USE TABLE RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS USES RC R-1 R-5 R-8 RMH R-10 R-14 RM IL IM IH CC CN CS CA CD CO COR . RETAIL •dult retail use P43 P43 P43 P43 P43 P43 P43 P43 Big-Box Retail ------__P P P __- P --- Eating and drinking establishments P1 P1 P1 P1 P1 P1 H33 P1 P P P P22 P22 P22 P P P12 P27 y: > . °..:s ,, y:a.6 4• + rwm a% _ ,M7.^7 7 7 ' m a i' � ' ' ttTwa. ,. � • #�..... '. • s 1'L' '"«zy:...,a Horticultural nurseries HIMH H H H H "._H H H H H H H HHHH 5 ,.dler.. ld�s5....<.�.,w..fb..a:w .w.st c.,a...r..w.6. 33 tYw.am i' .2ws..,.�. a.' mube "' := a, hw1> .wa>..ca....,..a. I....lr— .. Retail Sales ______H33 •D P34 P34 P34 P60 P68 P22 P P P54 P21 ® 7 g: r '<.r1�0 M y;� "' ,""°` ss t'','a�^s��Rz° �' O Q' .., ,. e2' a' �: ..v <auzad.�iea.,c, �.`,' vi... �..,s .a�,�ag« :<,k ::.rgt�¢.;.a`<:.:�.ua�dm. �kwt"4 �' ' ':���.�'"".e '` [d,� 'a ^� P. ..,..a� ........, ..�,...ew.,... ,.z....,�...:«_..,. .. �-�(#s 31�. : �+k, MW' '.,- a3 a:-.e::os..�:�a« averns •D •D P •D P21 ehicle sales, large P P P ___P41 ehicle sales, small P P P P Amd. Ord. 4786, 7-12-1999; Ord. 4802, 10-25-1999; Ord. 4827, 1-24-2000;Drd. 4840; 5-8-2000 NOTES: 17. Limited to locations within an existing or side and/or rear of the building, and 341.89. a. Accessory retail uses are new golf course or regional park. integrated into the exterior wall. Drive permitted where ordinarily through lanes shall not be located incidental to the permitted 1262. Shall be developed as part of larger between the street and the main principal use. office structures. Shall not stand alone pedestrian access to the buildings. and shall not occupy more than twenty These requirements may be adjusted b. Principal retail sales uses are five percent (25%) 'purr,' building whose through the Site Plan Review Level I only permitted in the process. Employment Area Valley (EAV) primary use is office. land use designation. See EAV 3045A. a. Uses are limited to: Sales of Map in RMC 4-2-080B. 1575. Use is limited to building, hardware, and mobile or manufactured homes, garden. Except in the CD zone, size building/hardware/garden restrictions apply per use in RMC 4-2- materials, lumberyards, and 41217. Limited to the area south of 1-405 and 120.A. monuments/tombstones/gravest west of SR-167/Rainier Avenue S. ones. 21125. a. General Requirements: Allowed b. Location Restrictions: 43227. Subject to the provisions of RMC 4-3- only in conjunction with offices, i. Building/hardware/garden 010, Adult Retail and Entertainment residences, hotels and sales and monuments/ Regulations, and chapter 5-12 RMC, convention centers, or research tombstones/gravestones Adult Entertainment Standards. In the and development facilities. sales are only allowed in the CO zone, uses shall be developed as b. Integration of Uses: The use Employment Area Valley part of larger office structures, shall not shall be architecturally and (EAV) land use designation. stand alone, and shall not occupy more functionally integrated into the However, theyare excluded ° development. Except for than twenty five percent (25%) ;ppererk -405 marinas, the use must be in the area south tof reef. building whose primary use is office. housed in a structure containing and north of SW 16 Street. See EAV Map in RMC 4-2- one or more of the uses listed in 080E 54259. Allowed outright in the Employment subsection "a". The Area Valley (EAV) land use designation. ii. Lumberyards are only requirements in subsection "b" allowed in the IM and IH (See EAV Map in RMC 4-2-080B.) may be adjusted through the Outside the EAV the use shall be Zones. However, they are Site Plan Review Level II excluded from the area developed as part of larger office process. south of 1405 and north of structures. Such uses shall not stand SW 16th Street. alone and shall not occupy more than 22127. Size restrictions apply per use in RMC twenty five percent (25%) per building 4-2-120.A. 33187. Indoor or outdoor recreational facilities whose primary use is office. and/or eating and drinking 27137. Shall be architecturally and functionally establishments, mini-marts, 60277. Subject to the size restrictions of RMC integrated into the overall development. laundromats, day care centers, or adult 4-2-120.A. Retail sales uses are limited Freestanding establishments may be day care II uses are permitted only in to: Flowers/plants and floral supplies; permitted only if they are five thousand conjunction with and intended to serve mini-marts; newsstands; entertainment (5,000) square feet or larger per residential development in the R-14 media sales. establishment. These requirements may Zone. Project size limitations of RMC 4- be adjusted through the Site Plan Level 2-110.F apply. A preschool or day care 68287. Uses are subject to the size restrictions II process. center, when accessory to public or of RMC 4-2-120.A. The following retail community facilities listed in RMC 4-2- sale uses are not permitted: 28446. Accessory drive through service is 060.J, is considered a permitted use. Department stores; jewelry stores; office permitted only in association with multi- supply stores; pet shops and grooming. story buildings. The accessory drive through service shall be located to the DEFINITIONS: for consumption on the premises, for take-out, or motor vehicle. In some instances, customers ADULT RETAIL USE: A retail establishment drive-through. This definition includes, but is not may need to get out of the vehicle to obtain the which, for money or any other form of limited to, restaurants, cafes, fast-food, product or service. This definition shall include consideration, either: (a) has as one of its microbrew establishments, and espresso but not be limited to fast-food restaurants, principal purposes to sell, exchange, rent, loan, stands. This definition excludes taverns; espresso stands, and drive-in services at banks trade, transfer, and/or provide for viewing or use, entertainment clubs; dance clubs; and/or dance and pharmacies. This definition excludes off the premises, any adult oriented halls. vehicle service and repair, vehicle fueling merchandise; or (b) provides, as its substantial stations, and car washes. stock in trade, for the sale, exchange, rental, DRIVE-IN/DRIVE-THROUGH SERVICE: A MOBILE VENDOR: Retail sale of goods from a loan, trade, transfer, and/or provide for viewing business or a portion of a business where a vehicle or mobile cart. or use, off the premises, any adult oriented customer is permitted or encouraged either by merchandise. (Ord. 4828, 1-24-2000) the design of physical facilities or by service NURSERIES, HORTICULTURAL: Any land and/or packaging procedures, to carry on used to raise, store, or sell trees, shrubs, EATING AND DRINKING ESTABLISHMENT: business in the off-street parking or paved area flowers, and other plants for sale or for Retail establishments selling food and/or drink accessory to the business, while seated in a transplanting. This definition does not include Blank=Not Allowed P=Permitted Use P#=Permitted provided condition AC=Accessory Use can be met AD=Administrative Conditional Use H=Hearing Examiner Conditional Use #=Condition(s) General Note: Uses may be restricted by: RMC 4-3-020,Airport Related Height and Use Restrictions, and Aquifer Protection Regulations found in RMC 4-3-050.C, Applicability, Critical Area Regulations. In the CA and IM zones, uses may further be restricted by RMC 4-3-040.C, Uses Permitted in the Automall Improvement Districts. Page 5 ''t. '°mow `..r Use_Tables_DEC_NOTEchg_clean_11x17.doc December 11, 2001 the sale of any of the above for consumption. excludes adult retail uses, large vehicle sales, This definition excludes restaurants, cafes, fast- Associated retail space is allowed as an small vehicle sales, big-box retail, outdoor retail food establishments, microbreweries with accessory to this use. sales, eating and drinking establishments, and restaurants, and espresso stands. taverns. RETAIL, BIG-BOX: A singular indoor retail or VEHICLE SALES, LARGE: Sales, leasing, and wholesale user who occupies no less than RETAIL SALES, OUTDOOR: The display and incidental servicing of motor vehicles including, 75,000 square feet of gross floor area, typically sale of products and services primarily outside but not limited to, trucks, recreational vehicles, requires high parking to building area ratios, and of a building or structure, including but not buses, boats, and heavy equipment, and similar has a regional sales market. Big-box limited to garden supplies, tires and motor oil, size vehicles which have gross vehicle weights retail/wholesale sales can include, but are not produce sales, farmers' markets, manufactured greater than ten thousand (10,000) pounds, but limited to, membership warehouse clubs that homes, burial monuments, building and excluding airplanes or aircraft. This use emphasize bulk sales, discount stores, and landscape materials, and lumber yards. This excludes small vehicle sales, and large and department stores. This definition does not definition excludes adult retail uses, large small vehicle rentals. include auto sales, outdoor retail sales, or adult vehicle sales, or small vehicle sales. retail uses. VEHICLE SALES, SMALL: Sales, leasing and TAVERN: An establishment used primarily for incidental servicing of motor vehicles including, RETAIL SALES: Establishments within a the serving of liquor by the drink to the general but not limited to, motorcycles, passenger cars, permanent structure of less than 75,000 square public that holds a Washington State tavern watercraft, light trucks, vans, and similar size feet engaged in selling goods or merchandise to license. Establishments in this category limit vehicles which have gross vehicle weights less the general public for personal or household their dedicated dining area to less than 15% of than ten thousand (10,000) pounds. This use consumption and rendering services incidental the total establishment and restrict entry to the excludes large vehicle sales, and large and to the sale of such goods. This definition premises to persons 21 years of age and older. small vehicle rentals. Blank=Not Allowed P=Permitted Use P#=Permitted provided condition AC=Accessory Use can be met AD=Administrative Conditional Use H=Hearing Examiner Conditional Use #=Condition(s) General Note: Uses may be restricted by: RMC 4-3-020, Airport Related Height and Use Restrictions, and Aquifer Protection Regulations found in RMC 4-3-050.C, Applicability, Critical Area Regulations. In the CA and IM zones, uses may further be restricted by RMC 4-3-040.C, Uses Permitted in the Automall Improvement Districts. Page 6 Use_Tables_DEC_NOTEchg_clean_11x17.doc December 11, 2001 ZONING USE TABLE RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS USES RC R-1 R-5 R-8 RMH R-10 R-14 RM IL IM IH CC CN CS CA CD CO COR D. CULTURAL, ENTERTAINMENT AND RECREATIONAL Parks Parks, neighborhood P P P P P P P P P P P P P P P P P P Parks, regional/community, existing P P P P P P P P P P P P P P P P P P !Parks, regional/community, new AD AD AD AD AD D AD AD AD AD AD AD AD AD AD AD AD AD I Recreational Facilities Marinas P P21 Recreational facilities, indoor P33 P38 P38 P38 P22 P22 P P P65 P21 Recreational facilities, outdoor P33 P32 P32 P32 H H38 I_ Golf courses (existing) P P P IP IP Golf courses, new H P H IH IH I H Entertainment/Amusement Adult entertainment business P43 P43 P43 P43 P43 P43 P43 P43 Cultural facilities H H H H H H • H H AD AD AD AD AD AD AD AD AD AD Entertainment club P38 P38 P38 P H P38 H Movie theaters P38 P38 P38 P P P12 Sports arenas, auditoriums, P38 P38 P38 P P P38 exhibition halls, indoor Sports arenas, auditoriums, P P38 P38 AD exhibition halls, outdoor _ Dance halls P38 P38 P38 AD22 H P38 H I Dance clubs P38 P38 P38 AD22 P H P38 H ! aming/Gambling facilities, for- P52 P52 P52 P52 profit Gaming/Gambling facilities, not-for- H38 H29 H38 H H38 profit (Amd. Ord. 4827, 1-24-2000; Ord. 4786, 7-12-1999; Ord. 4802, 10-25-1999, Ord. 4840; 5-8-2000) NOTES: 1262. Shall be developed aspart of larger o r p 9 than twenty five percent (25/o) ;per; office structures. Shall not stand alone 32173. Outdoor recreation facilities are building whose primary use is office. and shall not occupy more than twenty permitted only in the Employment Area five percent (25%) per building whose Valley (EAV) land use designation. (See EAV map in RMC 4-2-080.B.) 52255. Permitted when ancillary to a permitted primary use is office. However, amusement parks require a use where food and beverages are Hearing Examiner Conditional Use served on the premises and located in 21125. a. General Requirements: Allowed an area with an Employment Area — Permit. Valleyland use designation as shown only in conjunction with offices, g residences, hotels and 33187. Indoor or outdoor recreational facilities on the City's Comprehensive Plan Land convention centers, or research — and/or eating and drinking Use Map, and located south of 1-405. In and development facilities. the case of the IM zone, the location is establishments, mini-marts, b. Integration of Uses: The use further limited to IM-zoned areas south laundromats, day care centers, or adult shall be architecturally and of SW 16th Street. Should any court of day care II uses are permitted only in functionally integrated into the competent jurisdiction find that the City conjunction with and intended to serve development. Except for zoning for card rooms is unconstitutional residential development in the R-14 marinas, the use must be Zone. Project size limitations of RMC 4- or illegal, then the City elects to permit housed in a structure containing the existing card rooms to continue 2-110.F apply. A preschool or day care one or more of the uses listed in operation as nonconforming legal uses center, when accessory to public or subsection "a". The and otherwise bans card rooms. community facilities listed in RMC 4-2- requirements in subsection "b" 060.J, is considered a permitted use. may be adjusted through the 65283. Allowed outright in the Employment Site Plan Review Level II 38207. Only allowed in the Employment Area Area Valley (EAV) land use designation. process. Valley (EAV) land use designation. See (See EAV Map in RMC 4-2-080B.) EAV Map in RMC 4-2-080B. Outside the EAV, the use is limited to 22127. Size restrictions apply per use in RMC Health Clubs/Fitness Centers/Sports 4-2-120.A. 43227. Subject to the provisions of RMC 4-3- Clubs, which shall be developed as part 010, Adult Retail and Entertainment of larger office structures. Such uses 2944. Only allowed in the Employment Area Regulations, and chapter 5-12 RMC, shall not stand alone and shall not Valley (EAV) land use designation. See Adult Entertainment Standards. In the occupy more than twenty five percent EAV Map in RMC 4-2-080B. Provided CO zone, uses shall be developed as (25%) of any one floor of a building that the use is excluded within the area whose primary use is office. part of larger office structures, shall not south of 1-405 and north of SW 16th St. stand alone, and shall not occupy more DEFINITIONS: ADULT ENTERTAINMENT BUSINESS: other image-producing machines are used businesses, dance halls; dance clubs; religious to show films, motion pictures, video institutions; and gaming/gambling facilities. A. Any enterprise which, for money or any cassettes, slides or other photographic other form of consideration, features "adult reproduction of specified sexual activities or DANCE CLUB: Any facility, restricted to adults live entertainment"as defined herein; or specified anatomical areas. (Amd. Ord. over 21 years of age, at which dancing occurs, B. Any"adult motion picture theater" as defined 4827, 1-24-2000) as a primary form of entertainment. This definition excludes adult entertainment herein; or CULTURAL FACILITIES: Facilities which offer businesses, entertainment clubs, and C. Any adult arcade containing individual passive entertainment and enjoyment activities gaming/gambling facilities, dance halls and other viewing areas or stations or booths, where to the general public. This definition includes, establishments conducting public dances as for money or any other form of consideration but is not limited to, museums and libraries. defined in RMC 5-13-1. one or more still or motion picture projectors, This definition excludes adult entertainment slide projectors, or similar machines, or Blank=Not Allowed P=Permitted Use P#=Permitted provided condition AC=Accessory Use can be met AD=Administrative Conditional Use H=Hearing Examiner Conditional Use #=Condition(s) General Note: Uses may be restricted by: RMC 4-3-020,Airport Related Height and Use Restrictions, and Aquifer Protection Regulations found in RMC 4-3-050.C, Applicability, Critical Area Regulations. In the CA and IM zones, uses may further be restricted by RMC 4-3-040.C, Uses Permitted in the Automall Improvement Districts. Page 7 Use_Tables_DEC_NOTEchg_clean_11 x17.doc December 11, 2001 DANCE HALL: Any place where a public dance, neighborhood parks, and community/regional definition includes but is not limited to as defined in RMC 5-13-1, is conducted without parks. community gardens and other accessory uses restriction on age, or restricted to minors only. normal and incidental to parks. (Ord. 4840, 5-8- Dance halls are further regulated under Title V MARINA: A facility for storing, servicing, fueling, 2000) of the Renton Municipal Code and require a berthing, and securing and launching of private license to operate. This definition excludes adult pleasure craft that may include the sale of fuel RECREATIONAL FACILITIES, INDOOR: A entertainment businesses, dance clubs, and incidental supplies for the boat owners, place designed and equipped for the conduct of entertainment clubs, and gaming/gambling crews, and guests. sports and leisure-time activities within an facilities. enclosed space. Examples include MOVIE THEATER: An indoor facility for showing gymnasiums, amusement arcades, health and ENTERTAINMENT CLUB: Any facility where live movies, including accessory retail sales of food fitness clubs, indoor tennis and racquetball entertainment including but not limited to live and beverages. This definition excludes adult courts, bowling alleys, and indoor swimming theater; dance performances; musical entertainment businesses; entertainment clubs; pools. This definition excludes sports stadiums. performances; comedy routines; book/poetry and cultural facilities. readings; and other forms of live entertainment RECREATIONAL FACILITIES, OUTDOOR: A are conducted. This definition excludes adult PARKS, COMMUNITY/REGIONAL: Larger than place designed and equipped for the conduct of entertainment businesses; movie theaters; neighborhood parks, these are designed for sports and leisure-time activities with little or no dance clubs; dance halls; taverns; and eating organized activities and sports, although enclosed space. Examples include: private and drinking establishments. individual and family activities are also outdoor tennis courts, private outdoor swimming encouraged. Where there are no neighborhood pools, batting cages, miniature golf courses, golf GAMING/GAMBLING FACILITIES, FOR parks, the community or regional park can serve driving ranges, and playgrounds. This definition PROFIT: Facilities operated by a for-profit entity this function. Larger parks often include one excludes marinas, parks, golf courses and where any type of gaming or gambling is the specific use or feature that makes the park sports stadiums. primary attraction. unique. This definition includes but is not limited to community and regional parks as defined by SPORTS STADIUMS, AUDITORIUMS, AND GAMING/GAMBLING FACILITIES, NOT-FOR- the City of Renton Parks Plan, trails for non- EXHIBITION HALLS: A large open or enclosed PROFIT: Facilities operated by a not-for-profit motorized travel, and accessory uses normal facility used for professional, semi-professional entity where any type of gaming or gambling is and incidental to parks. (Ord. 4840, 5-8-2000) spectator sports, arena concerts, expositions, the primary attraction. and other large-scale public gatherings. This PARKS, NEIGHBORHOOD: A combination definition excludes sports stadiums associated GOLF COURSE: An area designed and used playground and park designed primarily for with schools, cultural facilities, movie theaters, for playing golf, including all accessory uses nonsupervised, nonorganized recreation and entertainment clubs. incidental to the operation of the facility. This activities. They are generally small in size. This definition excludes outdoor recreational facilities, Blank=Not Allowed P=Permitted Use P#=Permitted provided condition AC=Accessory Use can be met AD=Administrative Conditional Use H=Hearing Examiner Conditional Use #=Condition(s) General Note: Uses may be restricted by: RMC 4-3-020,Airport Related Height and Use Restrictions, and Aquifer Protection Regulations found in RMC 4-3-050.C, Applicability, Critical Area Regulations. In the CA and IM zones, uses may further be restricted by RMC 4-3-040.C, Uses Permitted in the Automall Improvement Districts. Page 8 • Use_Tables_DEC_NOTEchg_clean_11x17.doc December 11, 2001 ZONING USE TABLE RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS USES RC R-1 R-5 R-8 RMH R-10 R-14 RM IL IM IH CC CN CS CA CD CO COR E. OFFICE AND CONFERENCE Conference centers P38 P38 P38 P38 P P P21 Medical and dental offices P38 P38 P38 D22 P22 P P P P Offices, general IP13 P13 P13 ,AD17 P22 P22 IP 1P P P Veterinary offices/clinics P P38 P38 P38 AD22 P22 P P P38 P NOTES: 1374-. a. Administrative Headquarters Use criteria: (a) activities with a with any approved development Office: These offices shall be limited need for walk-in clientele agreements or covenants. associated with a permitted and (b) activities for which a industrial use listed in 4-2-060.1. reduction in parking standards 21125. a. General Requirements: Allowed The office uses may be to one space per five hundred only in conjunction with offices, developed in conjunction with, (50Q) square feet of gross floor residences, hotels and or subsequent to, the industrial space could be justified. convention centers, or research use. and development facilities. b. Administrative Headquarters b. Integration of Uses: The use b. General Offices: Excluding Office: New Administrative shall be architecturally and Administrative Headquarters Headquarters Offices are not functionally integrated into the Offices, which are permitted permitted. For existing, legal development. Except for consistent with subsection "a", administrative headquarters marinas, the use must be general offices are only allowed offices greater than three housed in a structure containing in the Employment Area Valley thousand (3,000) square feet in one or more of the uses listed in (EAV) land use designation; size, and in existence prior to subsection "a". The provided that general offices January 1, 1999, the following requirements in subsection "b" that are accessory to a primary expansions may be allowed: (1) may be adjusted through the use are permitted outside the parking expansion may be Site Plan Review Level II EAV. See EAV Map in RMC 4- allowed; (2) a one-time process. 2-080B. expansion of building square footage, not exceeding three 22127. Size restrictions apply per use in RMC 179g. a. General Office: Size restrictions thousand five hundred (3,500) 4-2-120.A. apply per use in RMC 4-2- square feet, may be permitted 120.A. Additionally, the use may subject to Site Plan Review. 38207. Only allowed in the Employment Area only be permitted via This provision allowing Valley (EAV) land use designation. See Administrative Conditional Use expansion of building square EAV Map in RMC 4-2-080B. Permit subject to the following footage shall expire by criteria in addition to Conditional December 1, 2006, consistent DEFINITIONS: ADMINISTRATIVE HEADQUARTERS OFFICE: are set up and numerous adjoining meeting but not limited to exercise rooms, cafeterias, and A use containing one or more of the day-to-day rooms. This definition excludes Sports eating and drinking establishments. (Ord. 4857, functions (e.g., management, payroll, stadiums, auditoriums, and exhibition halls. 8-21-2000) information systems, inventory control) related to the operation of a company or affiliated OFFICE, GENERAL: A place at which the affairs VETERINARY OFFICES/CLINICS: A place corporate group. of a business, profession, service, or industry where common household pets are given are conducted and generally furnished with medical care and the accessory indoor boarding CONFERENCE CENTERS: Facilities where desks, tables, files and communication of animals is limited to short-term care incidental large gatherings of people converge to meet on equipment. This definition includes to the hospital use. a variety of subjects. These facilities are administrative headquarters offices and characterized by one large space where exhibits associated accessory uses to offices including Blank=Not Allowed P=Permitted Use P#=Permitted provided condition AC=Accessory Use can be met AD=Administrative Conditional Use H=Hearing Examiner Conditional Use #=Condition(s) General Note: Uses may be restricted by: RMC 4-3-020,Airport Related Height and Use Restrictions, and Aquifer Protection Regulations found in RMC 4-3-050.C, Applicability, Critical Area Regulations. In the CA and IM zones, uses may further be restricted by RMC 4-3-040.C, Uses Permitted in the Automall Improvement Districts. Page 9 Use_Tables_DEC_NOTEchg_clean_11x17.doc December 11, 2001 ZONING USE TABLE RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS USES RC R-1 R-5 R-8 RMH R-10 R-14 RM IL IM IH CC CN CS CA CD CO COR F. SERVICES Bed and breakfast house, IAD AD AD AD AD AD AD AD P accessory Bed and breakfast houses, AD IAD AD5 AD P professional Hotel P38 P38 P38 IP22 I P P P38 P Motel P38 P38 P38 P22 P (IOff-site services P38 P38 P38 P38 i On-site services H33 IP38 P38 P38 I P63 P69 P22 P P P54 P21 IDrtu44 .DFiv ._�';' r u.KSe. .crrNVi ,Fir aki,'2 4,w V,V : . , ACSTAC62 AC62 AC AV, A� �AO.:, ._.AC A070 CS1.��. C.61 Vehicle rental, small P P P AD P Vehicle and equipment rental, large P38 P29 P29 Day Care Services (Family day care home AC AC AC AC AC AC • AC AC AC AC AC AC AC AC AC AC3 AC AC ! Day care centers H25 H25 H25 H25 H25 H25 H33 H25 P54 P54 P54 P22 P22 P22 P P P P21 Adult day care 1 C AC AC AC AC AC AC AC P55 P55 P55 P22 P22 P22 P P P P Adult day care II HHHH H H H33 H AD *D H P22 P22 P22 PP P12 P21 Health Services Convalescent centers H H H H H P22 P22 H P3 P39 AD Medical institutions H H HHHHH H H56 H56 H56 H H H H H P40 H (Amd. Ord. 4786, 7-12-1999; Ord. 4802, 10-25-1999; Ord. 4803, 10-25-1999) NOTES: 316. These uses shall not be located on the laundromats, day care centers, or adult 612-7-8. No drive through service shall be ground floor along street frontage in the day care II uses are permitted only in permitted, except for financial "Downtown Pedestrian District". See conjunction with and intended to serve institutions which are permitted three (3) Downtown Pedestrian District Map in residential development in the R-14 accessory drive-up windows that shall RMC 4-2-080D. Zone. Project size limitations of RMC 4- be part of the exterior wall of the 2-110.F apply. A preschool or day care financial institution structure. 530. Professional bed and breakfast houses center, when accessory to public or are only allowed in the RM-U zone. community facilities listed in RMC 4-2- 6227-9. Outside the Employment Area Valley 060.J, is considered a permitted use. (EAV) land use designation (see EAV Map in RMC 4-2-080.B, drive through is 1262. Shall be developed as part of larger 38207. Only allowed in the Employment Area permitted only when accessory to a office structures. Shall not stand alone Valley (EAV) land use designation. See financial institution. Financial institutions and shall not occupy more than twenty EAV Map in RMC 4-2-080B. are permitted three (3) accessory drive- five percent (25%) per building whose up windows that shall be part of the primary use is office. 39209. Requirements for uses not associated exterior wall of the financial institution with a medical institution: Use must be structure. Within the EAV, drive through 21125. a. General Requirements: Allowed located within the Center Institution (CI) service is permitted. land use designation. onlyconjunction with offices, in hotels and 63280. Subject to the size restrictions of RMC residences, 40212. Permitted when located within the 4-2-120.A. Onsite services are limited to convention centers, or research — Center Institution (CI) Comprehensive the following: Barber/beauty shops; and development facilities. Plan land use designation. laundromats; repair services; b. Integration of Uses: The use entertainment media rental. shall be architecturally and 54,-59. Allowed outright in the Employment functionally integrated into the Area Valley (EAV) land use designation. 69288. Uses are subject to the size restrictions development. Except for (See EAV Map in RMC 4-2-080B.) of RMC 4-2-120.A. Only the following marinas, the use must be Outside the EAV the use shall be onsite service uses are permitted: housed in a structure containing developed as part of larger office a. Financial and real estate one or more of the uses listed in structures. Such uses shall not stand services; repair services, subsection "a". The alone and shall not occupy more than excluding jewelry; entertainment requirements in subsection "b" ° media rental; may be adjusted through the twenty five percent (25/o) per building b. Rental services not otherwise Site Plan Review Level II whose primary use is office. listed in subsection "a" require process. an Administrative Conditional 55260. a. Adult Day Care I on a property Use Permit. 22127. Size restrictions apply per use in RMC with a nonresidential facility is 4-2-120.A. only allowed outright in the 70289. No drive through service shall be Employment Area Valley (EAV). permitted, except for multi-story financial 251-32. A preschool or day care center, when See EAV Map in RMC 4-2 institutions which are permitted three (3) accessory to a public or community 080B. Elsewhere an accessory drive-up windows. The facility listed in RMC 4-2-060.J, is administrative conditional use accessory drive through service shall be considered a permitted use. permit is required. located to the side and/or rear of the b. Adult Day Care I on a property building, and the windows shall be part 29117. Only allowed in the Employment Area containing a residential use of the exterior wall. Drive through lanes Valley (EAV) land use designation. See requires an administrative shall not be located between the street EAV Map in RMC 4-2-080B. Provided conditional use permit in any and the main pedestrian access to the that the use is excluded within the area location. buildings. These requirements may be south of 1-405 and north of SW 16th St. adjusted through the Site Plan Review 56261. Except not permissible within the Level I process. 33187. Indoor or outdoor recreational facilities Employment Area Valley (EAV). (See and/or eating and drinking EAV Map in RMC 4-2-080B.) establishments, mini-marts, Blank=Not Allowed P=Permitted Use P#=Permitted provided condition AC=Accessory Use can be met AD=Administrative Conditional Use H=Hearing Examiner Conditional Use #=Condition(s) General Note: Uses may be restricted by: RMC 4-3-020,Airport Related Height and Use Restrictions, and Aquifer Protection Regulations found in RMC 4-3-050.C, Applicability, Critical Area Regulations. In the CA and IM zones, uses may further be restricted by RMC 4-3-040.C, Uses Permitted in the Automall Improvement Districts. — Page 10 Use_Tables_DEC_NOTEchg_clean_11 x17.doc December 11, 2001 DEFINITIONS: ADULT DAY CARE/HEALTH: A program including hospices, and extended care facilities. accommodation. This definition excludes multi- designed to meet the needs of adults with This definition does not include retirement family dwellings, bed & breakfasts, and hotels. functional impairments through an individualized residences, adult family homes, group homes I (Ord. 4665, 5-19-1997) plan of care. It is a structured, comprehensive or II, or medical institutions. program that provides a variety of health, social, SERVICES, OFF-SITE: Establishments primarily and related support services in a protective DAY CARE CENTER: A day care operation engaged in providing individual or professional setting during any part of a day for a minimum of licensed by the State of Washington (WAC 388- services at the customer's home or place of four (4) hours, but less than twenty four (24) 73-014), for thirteen (13) or more children in any business. Examples of off-site services include hour care. While beds may be provided for rest twenty four (24) hour period, or any number of but are not limited to temporary employment periods, adult day care/health uses are not children in a non-residential structure. services, janitorial services, and professional intended to function as residential facilities. A maid services. number, where specified, is the maximum DAY CARE, FAMILY, HOME: A day care number of clients present at any one period of operation licensed by the State of Washington SERVICES, ON-SITE: Establishments primarily time during the program operation. Adult day (WAC 388-73-014), caring for twelve (12) or engaged in providing individual or professional care/health programs are subclassified as fewer children in any twenty four (24) hour services within the place of business, such as follows: period within the caregiver's place of residence. beauty and barber shops, retail laundry and dry- cleaning including coin-operated, garment A. Adult Day Care/Health Category I — a DRIVE-IN/DRIVE-THROUGH SERVICE: A alterations and repair, photo studios, shoe maximum of four (4) clients upon a property business or a portion of a business where a repair, pet grooming, photography and photo containing a residential use; and a maximum customer is permitted or encouraged either by reproduction, real estate offices, personal of twelve (12) clients upon a property in the design of physical facilities or by service accountants, entertainment media rental or other nonresidential use. and/or packaging procedures, to carry on indoor rental services, and of repair for personal B. Adult Day Care/Health Category II — five (5) business in the off-street parking or paved area or household items, except for vehicle repair. or more clients upon a property containing a accessory to the business, while seated in a This definition excludes adult retail uses. residential use; and thirteen (13) or more motor vehicle. In some instances, customers clients upona property in nonresidential may need to get out of the vehicle to obtain the VEHICLE: c (Ord. a 9 22-1997) product or service. This definition shall include clie but not be limited to fast-food restaurants, VEHICLE, LARGE: Motor vehicles including, espresso stands, and drive-in services at banks but not limited to, trucks, recreational BED AND BREAKFAST HOUSE, and pharmacies. This definition excludes vehicles, buses, boats, and heavy ACCESSORY: Overnight accommodations and vehicle service and repair, vehicle fueling equipment, and similar size vehicles which a morning meal in a dwelling unit with less than stations, and car washes. have gross vehicle weights greater than ten four guest rooms provided to transients for thousand (10,000) pounds, but excluding compensation. Accessory bed and breakfast HOTEL: A building or portion thereof designed airplane or aircraft. houses are owner-occupied, or the owner has or used for transient rental for sleeping arranged for a tenant to conduct the operation, purposes. Hotel structures are at least two (2) VEHICLE, SMALL: Motor vehicles including, and morning meals are provided to the house stories in height, with lodging space above the but not limited to, motorcycles, passenger residents and the overnight guests only. This first floor. Lodging space may also be located on cars, light trucks, vans, and similar size definition does not include boarding and lodging the first floor. Individual rooms are typically vehicles which have gross vehicle weights houses, professional bed and breakfast houses, accessed from a common hallway. A central less than ten thousand (10,000) pounds. hotels, or motels. kitchen and dining room and accessory shops and services catering to the general public may VEHICLE RENTALS, SMALL: Rental and BED AND BREAKFAST HOUSE, be provided. Not included in this definition are incidental storage and servicing of motor PROFESSIONAL: Overnight accommodations multi-family dwellings, bed & breakfasts, or vehicles including but not limited to motorcycles, and a morning meal in a dwelling unit with four motels. (Ord. 4665, 5-19-1997) passenger cars, watercraft, light trucks, vans, to ten guest rooms provided to transients for and similar size vehicles which have gross compensation. Professional bed and breakfast MEDICAL INSTITUTIONS: An facility providing vehicle weights less than ten thousand (10,000) houses are owner-occupied, or the owner has physical or mental health services, in-patient or pounds. This use excludes large vehicle rentals, arranged for a tenant to conduct the operation, overnight accommodations, and medical or and large and small vehicle sales. and morning meals are provided to the house surgical care of the sick or injured. This residents and the overnight guests only. This definition includes hospitals, clinics, and VEHICLE RENTALS, LARGE: Rental and definition does not include boarding and lodging ; sanitariums. This definition excludes medical incidental servicing of motor vehicles including houses, accessory bed and breakfast houses, and dental offices, convalescent centers, but not limited to, trucks, recreational vehicles, hotels, or motels. retirement residences, and group homes I and II. buses, boats, and heavy equipment, and similar size vehicles which have gross vehicle weights CONVALESCENT CENTERS: Facilities for MOTEL: A building or group of detached or greater than ten thousand (10,000) pounds, but patients who are recovering health and strength connected buildings designed or used primarily excluding airplanes or aircraft. This use after illness, or receiving long-term care for for providing sleeping accommodations for excludes small vehicle rentals, and large and chronic conditions, disabilities, or terminal illness automobile travelers and typically having a small vehicle sales. where care includes on-going medical treatment, parking space adjacent to a sleeping Blank=Not Allowed P=Permitted Use P#=Permitted provided condition AC=Accessory Use can be met AD=Administrative Conditional Use H=Hearing Examiner Conditional Use #=Condition(s) General Note: Uses may be restricted by: RMC 4-3-020, Airport Related Height and Use Restrictions, and Aquifer Protection Regulations found in RMC 4-3-050.C, Applicability, Critical Area Regulations. In the CA and IM zones, uses may further be restricted by RMC 4-3-040.C, Uses Permitted in the Automall Improvement Districts. Page 11 Use_Tables_DEC_NOTEchg_clean_11x17.doc December 11, 2001 ZONING USE TABLE RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS USES RC R-1 R-5 R-8 RMH R-10 R-14 RM IL IM IH CC CN CS CA CD CO COR G. VEHICLE-RELATED ACTIVITIES Body shops P31 P31 IP31 H31 Car washes P P P AD 2 P22 P22 P 1 Express transportation services •D P AD22 AD Fuel dealers or yards H59 P Vehicle fueling stations P P P AD P P P P38 Industrial engine or transmission u P31 P31 P31 rebuild Parking garage, structured, P P P AD22 P22 P P3 P P commercial or public Parking, surface, commercial or P38 P38 P38 AD P22 P P3 AD public .. Taxi stand AD •D Tow truck operation/auto H59 P impoundment yard Truck terminals P Vehicle service and repair, large •D P P Vehicle service and repair, small P P P AD2 P P P Wrecking yard, auto H59 H Airplane sales and repair P Airports, municipal H42 Airport Related Uses _ H42 Heliports _ H H42 H38 H H H Railroad yards P Transit centers H38 H38 H38 H P H38 (Amd. Ord. 4786, 7-12-1999; Ord. 4802, 10-25-1999) NOTES: 244. In addition to the criteria of RMC 4-9- 42222. Allowed only in the Renton Municipal 030, Conditional Use Permits, the use 22127. Size restrictions apply per use in RMC Airport, subject to the conditions of the must be sited in conjunction with gas 4-2-120.A. section 4-3-020.A, Airport Development station. Size restrictions apply per use in District. RMC 4-2-120.A. 31159. Operations must be conducted entirely within an enclosed structure. 59270. Excluded within the area south of 1-405 346. These uses shall not be located on the and north of SW 16th St. ground floor along street frontage in the 38207. Only allowed in the Employment Area "Downtown Pedestrian District". See Valley (EAV) land use designation. See Downtown Pedestrian District Map in EAV Map in RMC 4-2-080B. RMC 4-2-080D. DEFINITIONS: AIRPORT, MUNICIPAL: Any area of land or ENGINE OR TRANSMISSION REBUILD, PARKING GARAGE, STRUCTURED: A building water designated and designed for aircraft to INDUSTRIAL: An operation which rebuilds, or structure which may be located above or land and take off, with accessory areas for reconditions, or customizes engines or below ground, with stalls accessed via interior storage, refueling and repair of aircraft, various transmissions which are sold to vehicle service aisles, and used for temporary storage of motor accommodations for passengers, and other and repair operations or to individual customers vehicles. Structured parking can be a stand- airport-related uses. for installation into vehicles off site. (Ord. 4715, alone use or a part of a building containing other 4-6-1998) uses. (Amd. Ord. 4821, 12-20-1999; Ord. 4854, AIRPORT RELATED USE: A use which requires 8-14-2000) access to the airport taxiways and/or runway, EXPRESS TRANSPORTATION SERVICES: and either offers an aeronautical service to the Services which provide rapid delivery (i.e., PARKING, SURFACE: Open lots or grounds public or offers aeronautical support services to overnight, within an hour, etc.) of air parcels, with at-grade parking improvements. airport operators otherwise entitled to use the foodstuff, household and entertainment goods, public landing areas. as well as taxi services. Use is distinguished by TAXI STAND: A facility for pick-up and drop-off space for multiple small delivery vehicles, and of taxi patrons, typically characterized by an BODY SHOP: Establishments which conduct associated areas for sorting and handling area for queuing passengers and taxis. any of the following operations: packages and documents, and accessory administrative offices. TOW TRUCK OPERATION/AUTO A. Collision repair services, including body, IMPOUNDMENT FACILITY: A facility that frame or fender straightening, repair, or FUEL DEALERS: Wholesale distribution of fuels dispatches and services tow trucks for hire with replacement; and/or with associated bulk fuel storage. associated automotive storage area for impounded vehicles. B. Overall painting of vehicles or painting of vehicles in paint shop, but excluding minor FUELING STATION, VEHICLE: An painting ah an airbrush h orx roller brush establishment which supplies and dispenses TRANSIT CENTER: Any facility designed for parotid in customizingairbrusor detailingumotor fuels at retail as well as ordinary accommodating large numbers of public accessory uses, including but not limited to, transportation passengers to wait, board, and operations; and/or retail sales of food, groceries, and auto disembark at the intersection of multiple transit C. Welding, molding, and similar operations accessories, eating and drinking, car washes, routes. conducted on vehicles. (Ord. 4715, 4-6- and small vehicle service and repair. 1998) TRUCK TERMINALS: A building or area in HELIPORT: Any designated area used for the which semitrailers, including tractor and/or trailer CAR WASH: A structure with machine-operated landing and take off of helicopters for the units and other trucks are parked, stored for 72 purpose of picking up and discharging hours or less, and dispatched. This facility may or hand-operated facilities used principally for passengers or cargo, excluding fueling, refueling include incidental servicing and washing the cleaning, washing, polishing, or waxing of or service facilities. Helipads are included within facilities. motor vehicles. (Ord. 4715, 4-6-1998) this definition. Blank=Not Allowed P=Permitted Use P#=Permitted provided condition AC=Accessory Use can be met AD=Administrative Conditional Use H=Hearing Examiner Conditional Use #=Condltion(s) General Note: Uses may be restricted by: RMC 4-3-020,Airport Related Height and Use Restrictions, and Aquifer Protection Regulations found in RMC 4-3-050.C, Applicability, Critical Area Regulations. In the CA and IM zones,uses may further be restricted by RMC 4-3-040.C, Uses Permitted in the Automall Improvement Districts. Page 12 Use_Tables_DEC_NOTEchg_clean_11x17.doc December 11, 2001 VEHICLE: VEHICLE, SMALL: Motor vehicles including, minor customizing and detail operations, but but not limited to, motorcycles, passenger excluding operations associated with body VEHICLE, LARGE: Motor vehicles including, cars, light trucks, vans, and similar size shops, and industrial engine or transmission but not limited to, trucks, recreational vehicles which have gross vehicle weights rebuild operations. (Ord. 4715, 4-6-1998) vehicles, buses, boats, and heavy less than ten thousand (10,000) pounds. equipment, and similar size vehicles which WRECKING YARD, AUTO: A facility for the have gross vehicle weights greater than ten VEHICLE SERVICE AND REPAIR: dismantling or wrecking of used motor vehicles thousand (10,000) pounds, but excluding Maintenance of motorized vehicles including or trailers, or the storage, sale, or dumping of airplane or aircraft. exchange of parts, installation of lubricants, dismantled or wrecked vehicles or their parts. tires, batteries, and similar vehicle accessories, • • Blank=Not Allowed P=Permitted Use P#=Permitted provided condition AC=Accessory Use can be met AD=Administrative Conditional Use H=Hearing Examiner Conditional Use #=Condition(s) General Note: Uses may be restricted by: RMC 4-3-020, Airport Related Height and Use Restrictions, and Aquifer Protection Regulations found in RMC 4-3-050.C, Applicability, Critical Area Regulations. In the CA and IM zones, uses may further be restricted by RMC 4-3-040.C, Uses Permitted in the Automat) Improvement Districts. Page 13 Use_Tables_DEC_NOTEchg_clean_11 x17.doc December 11, 2001 ZONING USE TABLE RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS USES RC R-1 R-5 R-8 RMH R-10 R-14 RM IL IM IH CC CN CS CA CD CO COR H. STORAGE Hazardous material storage, on- H24 H24 H24 ■ site or offsite, including treatment Indo:6r0fi e. „'� .- � , . .� M �3 ��� � . f�.�, 1 I,. . � P�..�� . Psf AC1�1E AC1 AG QC1?4 C1kT 1 0 . 1 Warehousing P P P Outdoor storage P57 P57 P57 AD64 P64 _ ,,. �, <� ;.� ro ,Q� � � t; ea -n,i a �a; �, w'� 4. �. �^;;. '�, e € i �. ISl( s�� i7t8 ,. P8 r. a F,58, P � ' P.. ... H26..,s,.=H6 � m . Vehicle storage I D38 (Amd. Ord. 4736, 8-24-1998; Ord. 4786, 7-12-1999) NOTES: 838. Allowed only in the Residential Multi- uses. Shall not be located along the Family lnf ill suffix. Twenty-four (24) hour building street frontage or in areas 57263. Only allowed in the Employment Area on-site management required. The visible to the public. Valley (EAV) land use designation, manager's unit is not subject to unless the use is accessory in which minimum density requirements. No 24128. Use requires a Hearing Examiner case it is allowed outside the EAV. See estate, garage or other sales from any Conditional Use Permit, unless EAV Map in RMC 4-2-080B. leasable spaces. No outdoor storage, accessory in which case it is outright including vehicle or trailer storage lots. permitted. Use is not permissible in the 58264. Only allowed in the Employment Area Self service storage uses in this Zone area south of 1-405 and north of SW 16th Valley (EAV) land use designation. See are subject to the following special Street, unless accessory, in which case EAV Map in RMC 4-2-080B. Outside of development standards: Temporary it is outright permitted. Explosives and the Employment Area Valley, use is customer moving van/truck parking, if natural gas storage are not permissible allowed as an Administrative Conditional provided, must be clearly marked with in the IL Zone. Use. signage or paint. Side and rear setbacks subject to the Commercial Arterial Zone 26136. Size restrictions apply per use in RMC 592-7.0. Excluded within the area south of 1-405 standards of RMC 4-2-120A, 4-2-120.A. Must be part of a mixed use and north of SW 16th St. Development Standards for Commercial development. Zoning Designations, in lieu of the RM-I 64242. Limited to storage in association with development standards. 38207. Only allowed in the Employment Area rental services. In the CS zone, size Valley (EAV) land use designation. See restrictions apply per RMC 4-2-120.A. 1148. Limited to storage of products in EAV Map in RMC 4-2-080B. conjunction with retail, service, or office DEFINITIONS: HAZARDOUS MATERIALS: Those chemicals or material storage, indoor storage, self-service substances which are physical or health hazards STORAGE, HAZARDOUS MATERIAL: A storage, vehicle storage, and warehousing. as defined and classified in Article 80 of the designated facility engaged in storage for more Uniform Fire Code as adopted or amended by than 24-hours of materials, produced on-site or STORAGE, SELF-SERVICE: A building or the City whether the materials are in usable or brought from another site, that are inflammable, group of buildings consisting of individual, self- waste condition; and any material that may explosive, or that present hazards to the public contained units leased to individuals, degrade groundwater quality when improperly health, safety, and welfare including all organizations, or businesses for self-service used, stored, disposed of, or otherwise substances and materials as defined under storage of personal property. This definition mismanaged. RMC 4-3-050R, Generic hazardous materials, hazardous substances, excludes indoor storage, warehousing, outdoor Hazardous Materials List, provides a list of and hazardous waste. storage, and hazardous material storage. common substances that may be hazardous materials. Article VI-A of the Uniform Fire Code STORAGE, INDOOR: A use engaged in the STORAGE, VEHICLE : A specially designed, provides further information, explanations, and storage of goods and/or materials characterized paved, and enclosed or partially enclosed area examples of hazardous materials. (Ord. 4851, 8- by infrequent pick-up and delivery, and located for parking or holding of operable motor vehicles 7-2000) within a building. Indoor storage uses typically and boats or wheeled equipment for more than are enclosed and provide supervised access to seventy two (72) hours. HAZARDOUS SUBSTANCE: Any liquid, solid, the storage areas within the building. The gas or sludge, including any material, definition excludes hazardous material storage, WAREHOUSING: A use engaged in storage, substance, product commodity or waste that self-service storage, warehousing and wholesale sales, and distribution of exhibits the characteristics of hazardous waste distribution. manufactured products, supplies, and as described in RCW 70.105. equipment. This use excludes hazardous STORAGE, OUTDOOR: A use engaged in material storage, indoor storage, outdoor HAZARDOUS WASTE: All dangerous and outdoor storage for more than 24-hours, storage, self-service storage, and vehicle extremely hazardous waste, except for wholesale, rental, and distribution of storage. moderate-risk waste, as defined in RCW manufactured products, supplies, and 70.105.010. equipment. This definition excludes hazardous Blank=Not Allowed P=Permitted Use P#=Permitted provided condition AC=Accessory Use can be met AD=Administrative Conditional Use H=Hearing Examiner Conditional Use #=Condition(s) General Note: Uses may be restricted by: RMC 4-3-020, Airport Related Height and Use Restrictions, and Aquifer Protection Regulations found in RMC 4-3-050.C, Applicability, Critical Area Regulations. In the CA and IM zones, uses may further be restricted by RMC 4-3-040.C, Uses Permitted in the Automall Improvement Districts. Page 14 Use_Tables_DEC_NOTEchg_clean_11x17.doc December 11, 2001 ZONING USE TABLE RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS USES RC R-1 R-5 R-8 RMH R-10 R-14 RM IL IM IH CC CN CS CA CD CO COR I. INDUSTRIAL Assembly and/or Packaging PPP 1 Operations Commercial laundries, existing P P P P4 _, Commercial laundries, new P P P Construction/contractors office P14 P P Laboratories: light manufacturing P38 P38 P38 AD22 P P3 AD54 Laboratories: research, P31 P P P AD3 AD H development and testing Manufacturing and Fabrication, H59 P67 P23 Heavy 'Manufacturing and Fabrication, P P P H H3 H38 I P23 Light Manufacturing and Fabrication, - I1P67 P67 1P23 Medium u Solid Waste/Recycling Waste recycling and transfer H59 in facilities Sewage disposal and treatment H59 H plants ______ Recycling collection and P14 P38 P38 P38 1 processing center I IRecycling collection station P P P P P P P P P (Amd. Ord. 4786, 7-12-1999; Ord. 4802, 10-25-1999) NOTES: 31-6. These uses shall not be located on the 22127. Size restrictions apply per use in RMC (See EAV Map in RMC 4-2-080B.) ground floor along street frontage in the 4-2-120.A. Outside the EAV the use shall be "Downtown Pedestrian District". See developed as part of larger office Downtown Pedestrian District Map in 231-2-8. Limited to existing uses. Only those structures. Such uses shall not stand RMC 4-2-080D. modifications or expansions which do alone and shall not occupy more than not increase production levels are twenty five percent (25%) per building 44. These uses shall be permitted only as a permitted in COR 1 and COR 2. Major whose primary use is office. continuation of an existing commercial modifications, production increases, or laundry use for purposes of rebuilding expansions of existing use require a 59270. Excluded within the area south of 1-405 upon unintentional destruction of Hearing Examiner Conditional Use — and north of SW 16th St. property, or necessary renovations to Permit in COR 1 or COR 2. No continue the use within its existing modifications or expansions are allowed 67286. Chemical and allied products building footprint. However, the use in COR 3. shall not be allowed to expand within manufacturing operations, or operations p which are conducted predominantly out this zone. 3115g. Operations must be conducted entirely of doors, require a Hearing Examiner within an enclosed structure. Conditional Use Permit in the IM Zone, 1474. Except that when operations are and an Administrative Conditional Use predominantly conducted out of doors 38207. Only allowed in the Employment Area Permit in the IH zone, except that these rather than completely enclosed within Valley (EAV) land use designation. See uses are not permissible in the area an enclosed structure, an Administrative EAV Map in RMC 4-2-080B. south of 1-405 and north of SW 16th Conditional Use Permit is required. Street. 54258. Allowed outright in the Employment Area Valley (EAV) land use designation. DEFINITIONS: ASSEMBLY AND PACKAGING OPERATIONS: MANUFACTURING AND FABRICATION, by the use being contained within buildings, and A facility where pre-manufactured components HEAVY: The transformation of materials or materials or equipment used in production not are assembled to construct a product. Products substances into new products including being stored outside. Light manufacturing and may be packaged and moved off-site for construction and assembling of component fabrication activities do not generate external wholesale or retail sale. This use includes but is parts, and the blending of materials such as emissions such as smoke, odor, noise, not limited to assembly and packaging of lubricating oils, plastics, resins or liquors. Heavy vibrations or other nuisances outside the computer, electronics, office equipment, manufacturing and fabrication is often building. This definition includes but is not chemicals and allied products, fabricated metal characterized by need for large outdoor areas in limited to manufacture and fabrication of products, and other products. which to conduct operations and typically results electronic components, office products, furniture, in environmental impacts beyond their own sites. glass products, and other manufacturing and CONSTRUCTION/CONTRACTORS OFFICE: This definition includes but is not limited to fabrication uses as determined by the reviewing An area where a construction contractor manufacture and fabrication of aircraft and official. This definition excludes maintains its office or a permanent business aircraft parts, automotive vehicles and their slaughterhouses, manufacture of shellac, office, as well as storage for equipment and parts, cement, brick, lime, gypsum, asphalt, and varnish or turpentine, paper, pulp, rubber from materials for the construction and landscaping other manufacturing and fabrication uses as crude material, refining and/or manufacturing of trades. determined by the reviewing official. This petroleum by-products except as an accessory definition excludes slaughterhouses, use of less than 50,000 gallons. LABORATORIES, LIGHT MANUFACTURING: A manufacture of shellac, varnish or turpentine, facility in which scientific research, investigation, paper, pulp, rubber from crude material, refining MANUFACTURING AND FABRICATION, testing, or experimentation occur. and/or manufacturing of petroleum by-products MEDIUM: The transformation of materials or Manufacturing of and sale of products may also except as an accessory use of less than 50,000 substances into new products including occur. gallons. construction and assembling of component parts, and the blending of materials such as LABORATORIES, RESEARCH, MANUFACTURING AND FABRICATION, lubricating oils, plastics, resins or liquors. DEVELOPMENT AND TESTING: A facility in LIGHT: The transformation of materials or Medium manufacturing and fabrication is which scientific research, investigation, testing, substances into . new products including characterized by need for only very limited areas or experimentation occur but not including construction and assembling of component of outdoor storage and may create minor manufacture and sale of products. parts, and the blending of materials such as external environmental impacts during the lubricating oils, plastics, resins or liquors. Light conduct of operations but most impacts are manufacturing and fabrication is characterized contained on-site. This definition includes but is Blank=Not Allowed P=Permitted Use P#=Permitted provided condition AC=Accessory Use can be met AD=Administrative Conditional Use H=Hearing Examiner Conditional Use #=Condition(s) General Note: Uses may be restricted by: RMC 4-3-020, Airport Related Height and Use Restrictions, and Aquifer Protection Regulations found in RMC 4-3-050.C, Applicability, Critical Area Regulations. In the CA and IM zones, uses may further be restricted by RMC 4-3-040.C, Uses Permitted in the Automall Improvement Districts. Page 15 Use_Tables_DEC_NOTEchg_clean_1 1 x17.doc December 11, 2001 not limited to manufacture and fabrication of, RECYCLING COLLECTION STATION: A sewage. This definition excludes disposal alcoholic products, paints, printing ink, leather container or containers for the collection of facilities. goods, and other manufacturing and fabrication secondhand goods and recyclable materials. uses as determined by the reviewing official. SEWAGE TREATMENT PLANT: See RMC 4-6- This definition excludes slaughterhouses, RECYCLING COLLECTION AND 100. manufacture of shellac, varnish or turpentine, PROCESSING CENTER: A facility where paper, pulp, rubber from crude material, refining collected recyclable items are brought for WASTE RECYCLING AND TRANSFER and/or manufacturing of petroleum by-products sorting, compaction, transfer, and/or processing FACILITIES: Facilities for the collection of solid except as an accessory use of less than 50,000 including changing the form of materials. waste for either recycling or transfer to a landfill gallons. or disposal facility. This definition includes but is SEWAGE DISPOSAL AND TREATMENT not limited to concrete and construction PLANTS: A facility designed for the collection, recycling operations. removal, treatment, and disposal of waterborne Blank=Not Allowed P=Permitted Use P#=Permitted provided condition AC=Accessory Use can be met AD=Administrative Conditional Use H=Hearing Examiner Conditional Use #=Condition(s) General Note: Uses may be restricted by: RMC 4-3-020, Airport Related Height and Use Restrictions, and Aquifer Protection Regulations found in RMC 4-3-050.C, Applicability, Critical Area Regulations. In the CA and IM zones, uses may further be restricted by RMC 4-3-040.C, Uses Permitted in the Automall Improvement Districts. Page 16 'sta..- r... r...✓ Use_Tables_DEC_NOTEchg_clean_11x17.doc December 11, 2001 ZONING USE TABLE RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS USES RC R-1 R-5 R-8 RMH R-10 R-14 RM IL IM IH CC CN CS CA CD CO COR J. PUBLIC FACILITIES K-12 educational institution (public ■ H9 H9 H9 H9 H9 H9 H9 H9 H H H H9 H9 H9 H9 H9 H9 or private) K-12 educational institution (public P9 P9 P9 P9 P9 P9 P9 P9 P9 P9 P9 P9 P9 P9 P9 P9 P9 or private), existing Schools/studios, arts and crafts P P38 P38 P22 P22 P P P Trade or vocational school P P H H Other Higher education institution P38 P38 P38 P P P P21 'City government offices ' LAD AD AD AD AD AD AD AD AD AD AD AD AD AD AD P AD City government facilities H H H H H H H H H H H H H H H H H H Other government offices and H H H H H H H H H H H H H H H H H H facilities Jails, existing municipal P COMMUNITY FACILITIES Cemetery H ,, H H H H H • H H H H H H H H H H H H Religious Institutions H H H H H H H H H H H H H H H H H H Service and social organizations H H H H H H H H H H H H H H H H H12 H21 (Amd. Ord. 4786, 7-12-1999) NOTES: 940. Development consistent with an five percent (25%) per building whose one or more of the uses listed in approved "Level II site plan" is subsection "a". The primary use is office. considered to be a permitted use. Other requirements in subsection "b" activities which are outright permitted may be adjusted through the include the addition of up to four (4) new 21125, a. General Requirements: Allowed Site Plan Review Level II portables, or changes in facilities not only in conjunction with offices, process. exceeding 10% of gross floor area. residences, hotels and Other proposed activities require a convention centers, or research 22127. Size restrictions apply per use in RMC Hearing Examiner Conditional Use and development facilities. 4-2-120.A. Permit. b. Integration of Uses: The use shall be architecturally and 38207. Only allowed in the Employment Area 1262. Shall be developed as part of larger functionally integrated into the Valley (EAV) land use designation. See development. Except for office structures. Shall not stand alone marinas, the use must be EAV Map in RMC 4-2-080B. and shall not occupy more than twenty housed in a structure containing DEFINITIONS: ARTS AND CRAFTS SCHOOLS/STUDIOS: GOVERNMENT FACILITIES, CITY: Facilities of the use. Typical accessory uses associated with Schools and studios for education in various arts any unit of city government. Types of facilities this use include licensed day care facilities, and crafts including but not limited to include community centers, public works playground, community meeting facilities, and photography, dance, music, and language skills. maintenance facilities, courts of law, and other private schools, rectory or convent, and offices types of municipal facilities. This definition for administration of the institution. CEMETERY: Property used for interring of the excludes offices, jails, parks, transit centers, dead. This definition includes accessory park & rides, sewage treatment plants, or SERVICE AND SOCIAL ORGANIZATIONS: An buildings, crematories, and mausoleums. municipally-owned golf course or airports, and incorporated or unincorporated association of libraries. persons organized for social, education, literary EDUCATION INSTITUTION, HIGHER, OTHER: or charitable purposes. This definition also A public or private school, college or university GOVERNMENT FACILITIES, OTHER: Facilities includes community meeting halls, philanthropic that provides post-secondary professional of any unit of county, state, federal, or special institutions, private clubs, fraternal or nonprofit education and/or continuing education district government. Types of facilities include organizations, senior centers, and social service programs. This definition does not include trade community centers, vehicle and drivers licensing organizations. This definition excludes religious or vocational schools, K-12 educational offices, public works maintenance facilities, institutions. institutions, or arts and crafts schools and courts of law, school support facilities, and other studios. types of county, state, school district, special TRADE OR VOCATIONAL SCHOOL: A school district, or federal facilities. This definition that provides post secondary education EDUCATIONAL INSTITUTIONS (PUBLIC OR excludes offices, jails, parks, transit centers, including industrial and technical processes and PRIVATE), EXISTING K-12: An existing public park & rides, sewage treatment plants, schools, may include continuing education courses as an or private school encompassing grades K-12. municipally-owned golf courses or airports, and accessory use. This definition does not include libraries. arts and crafts schools/studios, or other higher EDUCATIONAL INSTITUTIONS (PUBLIC OR education institutions such as colleges, PRIVATE), NEW K-12: A new public or private RELIGIOUS INSTITUTIONS: Churches, universities, or professional schools. school encompassing grades K-12. synagogues, temples and other places where gathering for worship is the principle purpose of Blank=Not Allowed P=Permitted Use P#=Permitted provided condition AC=Accessory Use can be met AD=Administrative Conditional Use H=Hearing Examiner Conditional Use #=Condition(s) General Note: Uses may be restricted by: RMC 4-3-020, Airport Related Height and Use Restrictions, and Aquifer Protection Regulations found in RMC 4-3-050.C, Applicability, Critical Area Regulations. In the CA and IM zones, uses may further be restricted by RMC 4-3-040.C, Uses Permitted in the Automall Improvement Districts. Page 17 Use_Tables_DEC_NOTEchg_clean_11 x17.doc December 11, 2001 • ZONING USE TABLE RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS USES RC R-1 R-5 R-8 RMH R-10 R-14 RM IL IM IH CC CN CS CA CD CO COR K. UTILITIES Utilities, small P P P P P P P P P P P P P P P P P P Utilities, medium AD AD AD AD AD AD AD AD AD AD /MD AD AD AD AD AD AD AD Utilities, large H H H H H H H H H H H H H H H H H H Communication broadcast and H H H H H H H H H38 H29 H38 H H H H H H H relay towers Electrical power generation and H66 H66 H66 H66 H66 H66 H66 H66 H66 H66 cogeneration Wireless communication facilities Micro facility antennas P P P P P P P P P P P P P P P P P P Mini facility antennas P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 Macro facility antennas (AD46 AD46 AD46 AD46 AD46 AD46 AD46 I P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 Monopole I support structures H45 H45 H45 H45 H45 H45 'H45 AD46 P44 P44 P44 AD46 AD46 P44 P44 AD46 P44 AD46 Monopole II support structures H48 AD47 AD47 AD47 H48 H48 H48 AD47 H48 AD47 H48 Lattice towers support structures H48 AD47 AD47 AD47 H48 H48 H48 AD47 H48 AD47 H48 Minor modifications to existing P49 P49 P49 P49 P49 P49_ P49 P49 P49 P49 P49 P49 P49 P49 P49 P49 P49 P49 wireless communication facilities (Amd. Ord. 4786, 7-12-1999) NOTES: 29147. Only allowed in the Employment Area 462,10. Eligible for an Administrative Conditional Valley (EAV) land use designation. See Use Permit provided that the facility has 482112. Prohibited if located within three EAV Map in RMC 4-2-080B. Provided a minimum setback of one hundred feet hundred feet (300') of an RC, R-1, R-5, that the use is excluded within the area (100') from any adjacent residentially R-8, R-10, or R-14 Zone, otherwise may south of 1-405 and north of SW 16th St. zoned parcel, otherwise a Hearing be allowed with a Hearing Examiner Examiner Conditional Use Permit is Conditional Use Permit. 38207. Only allowed in the Employment Area required. Valley (EAV) land use designation. See 49243. Whether emergency or routine, so long EAV Map in RMC 4-2-080B. 472,11. May be allowed by an Administrative as there is little or no change in the Conditional Use Permit if the Monopole visual appearance, as determined by 44237. Permitted provided that the facility has a II Facility is to be constructed on the Zoning Administrator. minimum setback of one hundred feet property where wireless communication (100') from any adjacent residentially support structures presently operate, 66285. Requires a Hearing Examiner zoned parcel, otherwise an and the new Monopole II Facility will not Conditional Use Permit, except that Administrative Conditional Use Permit is exceed the height of the existing support electrical power generation and co- required. structures. Prohibited if located within generation is permitted as an accessory three hundred feet (300') of an RC, R-1, use when located more than one 45235. May be allowed with a Hearing R-5, R-8, R-10, or R-14 Zone unless the hundred feet (100') from any property Examiner conditional use provided that Development Services Division zoned for residential use, i.e. RC, R-1, the site is over one acre in size and the determines that all residentially zoned R-5, R-8, R-10, R-14, RM, and facility has minimum setbacks of one property within 300 feet of the proposed producing less than ten (10) megawatts hundred feet (100') from any adjacent facility is undevelopable due to Critical of electricity. In the CO Zone, the use residentially zoned parcel; otherwise the Areas regulations (RMC 4-3-050), then must be accessory to a medical use is prohibited. the new wireless support structure can institution. be reviewed as an Administrative Conditional Use. DEFINITIONS: COMMUNICATION BROADCAST AND RELAY UTILITIES, LARGE: Large scale facilities mobile antennas and global positioning TOWERS: Establishments that provide point-to- with either major above-ground visual (GPS) antennas). point communication services, whether by wire impacts, or serving a regional need such as or radio, including radio and television two hundred thirty (230) kv power ANTENNA: Any system of poles, broadcasting stations and the exchange or transmission lines, natural gas transmission panels, rods, reflecting discs or similar recording of messages. This definition excludes lines, and regional water storage tanks and devices used for the transmission or all terms related to wireless communication reservoirs, regional water transmission lines reception of radio frequency signals. facilities. or regional sewer collectors and Antennas include the following types: interceptors. ELECTRICAL POWER GENERATION AND 1. Dish antenna: see Parabolic CO-GENERATION: Electrical power generation UTILITIES, MEDIUM: Moderate scale antenna. is the production of electricity for consumption facilities serving the City, including sub 2. Omni directional antenna (also by facilities onsite or in a district. Electrical regional switching stations (one hundred known as a "whip" antenna) power cogeneration is the simultaneous fifteen (115) kv), and municipal sewer, transmits and receives radio production of electricity and useful heat from the water, and storm water facilities not included frequency signals in a three same fuel or energy. Facilities with in a Council-adopted utility system plan. hundred sixty degree (360°) cogeneration systems use them to produce their radial pattern, and which is up to own electricity, and use the unused excess UTILITIES, SMALL: Small scale facilities sixteen feet (16') in height and (waste) heat for process steam, hot water serving local areas within the City, including up to four inches (4") in heating, space heating, and other thermal underground power lines, water, sewer, and diameter. needs. They may also use excess process heat storm water facilities included within a to produce steam for electricity production. Council-adopted utility system plan, fiber 3. Directional antenna (also known optic cable, pump stations and hydrants, as a "panel" antenna) transmits UTILITIES: Utility lines and facilities related to switching boxes, and other structures and receives radio frequency the provision, distribution, collection, normally found in a street right-of-way to signals in a specific directional transmission or disposal of water, storm and serve adjacent properties. pattern of less than three sanitary sewage, oil, gas, power, and telephone hundred sixty degrees (360°). cable, and includes facilities for the generation WIRELESS COMMUNICATION FACILITIES — of electricity. This definition does not include TERMS RELATED TO: 4. Panel antenna: see Directional antenna. sewage wastewater treatment plants, wireless communication facilities, or solid waste ACCESSORY ANTENNA DEVICE: An 5. Parabolic antenna (also known disposal/recycling facilities. (Ord. 4346, 3-9- antenna which is less then twelve as a "dish" antenna) is a bowl- 1992) inches (12") in height or width, excluding shaped device for the reception the support structure (examples: test and/or transmission radio frequency communications Blank=Not Allowed P=Permitted Use P#=Permitted provided condition AC=Accessory Use can be met AD=Administrative Conditional Use H=Hearing Examiner Conditional Use #=Condition(s) General Note: Uses may be restricted by: RMC 4-3-020, Airport Related Height and Use Restrictions, and Aquifer Protection Regulations found in RMC 4-3-050.C, Applicability, Critical Area Regulations. In the CA and IM zones, uses may further be restricted by RMC 4-3-040.C, Uses Permitted in the Automall Improvement Districts. Page 18 Use_Tables_DEC_NOTEchg_clean_11x17.doc December 11, 2001 signals in a specific directional pattern. MACRO FACILITY: An attached RELATED EQUIPMENT: All equipment 6. Whip antenna: see Omni- wireless communication facility which ancillary to the transmission and directional antenna. consists of antennas equal to or less reception of voice and data via radio than sixteen feet (16') in height or a frequencies. Such equipment may ATTACHED WIRELESS parabolic antenna up to one meter include, but is not limited to, cable, COMMUNICATION FACILITY: A (39.37") in diameter and with an area conduit and connectors. wireless communication facility that is not more than one hundred (100) affixed to an existing structure, for square feet in the aggregate as viewed RESIDENTIALLY ZONED PARCEL: from any one point. Any parcel or property with one of the example, an existing building, tower, following zoning designations: Resource water tank, utility pole, etc., which does MICRO FACILITY: An attached wireless Conservation (RC), Residential-1 not include an additional wireless communication facility which consists of DU/AC (R-1), Residential-5 DU/AC (R- communication support structure. antennas equal to or less than six feet 5), Residential-8 DU/AC (R-8), COLLOCATION: The use of a single (6') in height or a parabolic antenna with Residential-10 DU/AC (R-10), and support structure and/or site by more an area of not more than five hundred Residential-14 DU/AC (R-14). than one wireless communications eighty (580) square inches in the provider. aggregate (e.g., one foot (1') diameter SUPPORT STRUCTURE: see Wireless parabola or two feet (2') x one and one- Communication Support Structure. EQUIPMENT SHELTER OR CABINET: half feet (1 1/2') panel) as viewed from A room, cabinet or building used to any one .point. Also known as a TOWER: see Wireless Communication house equipment for utility or service Microcell. Support Structure. providers. MINI FACILITY: An attached wireless WCF: see Wireless Communication FAA: The Federal Aviation communication facility which consists of Facility (WCF). Administration, which maintains antennas equal to or less than ten feet stringent regulations for the siting, (10') in height or a parabolic antenna up WIRELESS COMMUNICATION building, marketing and lighting of to one meter (39.37') in diameter and FACILITY (WCF): An unstaffed facility cellular transmission antennas near with an area not more than fifty (50) for the transmission and reception of airports or flight paths. square feet in the aggregate as viewed low-power radio signals usually from any one point. consisting of an equipment shelter or FCC: The Federal Communication cabinet, a support structure, antennas Commission, which regulates the MONOPOLE I: A wireless (e.g., omni-directional, panel/directional licensing and practice of wireless, communication support structure which or parabolic) and related equipment, wireline, television, radio and other consists of a freestanding support generally contained within a compound. telecommunications entities. structure, less than sixty feet (60') in For purposes of this Title, a WCF height, erected to support wireless includes antennas, support structures GUYED TOWER: A freestanding or communication antennas and and equipment shelters, whether supported wireless communication connecting appurtenances. separately or in combination. support structure which is usually over MONOPOLE II: A wireless WIRELESS COMMUNICATION one hundred feet (100') tall, which communication support structure which SUPPORT STRUCTURE: The structure consists of metal crossed strips or bars consists of a freestanding support erected to support wireless and is steadied by wire guys in a radial structure, sixty feet (60') or greater in communication antennas and pattern around the tower. height, erected to support wireless connecting appurtenances. Support LATTICE TOWER: A self-supporting communication antennas and structure types include, but are not wireless communication support connecting appurtenances. limited to, stanchions, monopoles, lattice structure which consists of metal towers, wood poles or guyed towers. crossed strips or bars to support PROVIDER: A company providing (Ord. 4689, 11-24-1997) antennas and related equipment. telephone or other communications service. Blank=Not Allowed P=Permitted Use P#=Permitted provided condition AC=Accessory Use can be met AD=Administrative Conditional Use H=Hearing Examiner Conditional Use #=Condition(s) General Note: Uses may be restricted by: RMC 4-3-020, Airport Related Height and Use Restrictions, and Aquifer Protection Regulations found in RMC 4-3-050.C, Applicability, Critical Area Regulations. In the CA and IM zones, uses may further be restricted by RMC 4-3-040.C, Uses Permitted in the Automall Improvement Districts. Page 19 Use_Tables_DEC_NOTEchg_clean_11 x17.doc December 11, 2001 • ONING USE TABLE RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS USES RC R-1 R-5 R-8 RMH R-10 R-14 RM IL IM IH CC CN CS CA CD CO COR L. GENERAL ACCESSORY USES ccessory uses per RMC 4-2-050 AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC and as defined in RMC 4-11, where not otherwise listed in Use Table M.TEMPORARY USES Model homes in an approved P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 residential development: one model home on an existing lot Sales/marketing trailers, onsite P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 I emporary or manufactured P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 buildings used for construction T,em orar,..us6sn::;! ���; ;, ��.: 3m.;P53� ; p53� .:R53 7 `P53.�.�P53.,, :F53 ,_: P53; P53 .„,.P53 ,, �P53 P53 ,'. P ,F.,: P P. � P , ��. ,,, p y _ , ., , � 53. 53.. 53�x,,� 53; ., P53 ; F53 .� , P5 (Amd. Ord. 4786, 7-12-1999) NOTES: 1045. Permitted when consistent with an active building or construction 532-56. Provided a Temporary Use Permit is obtained consistent with the permit, for a period not to exceed the duration of construction. Must provisions of RMC 4-9-240, Temporary Use Permits. be approved by the Development Services Division Director or designee. DEFINITIONS: ACCESSORY BUILDING: A subordinate building located upon the same lot typically subordinate in size and supports the principal residential use without occupied by a principal use or building with which it is customarily displacing it. associated, but clearly incidental to. ACCESSORY USE, COMMERCIAUINDUSTRIAL/PUBLIC/ COMMUNITY ACCESSORY USE, AGRICULTURE OR ANIMAL HUSBANDRY: FACILITY: A use typically subordinate in size to the principal commercial, Subordinate and incidental uses, typically located upon the same lot, which industrial, public, community facility, or other similar principal use; that would support the agricultural or animal husbandry use of a site including, but not not contribute significantly to traffic generation, noise, or nuisance; and that limited to the storage of agricultural products and equipment, and the supports the primary use operation without displacing it. Uses are typically sheltering of animals. located upon the same lot occupied by a principal use. ACCESSORY USE, RESIDENTIAL: A subordinate use typically located TEMPORARY USE: A use of limited term. Temporary uses may be upon the same lot occupied by the principal residential use with which it is established under special circumstances for some temporary time period. customarily associated, but clearly incidental to. The accessory use is Blank=Not Allowed P=Permitted Use P#=Permitted provided condition AC=Accessory Use can be met AD=Administrative Conditional Use H=Hearing Examiner Conditional Use #=Condition(s) General Note: Uses may be restricted by: RMC 4-3-020, Airport Related Height and Use Restrictions, and Aquifer Protection Regulations found in RMC 4-3-050.C, Applicability, Critical Area Regulations. In the CA and IM zones, uses may further be restricted by RMC 4-3-040.C, Uses Permitted in the Automall Improvement Districts. Page 20