HomeMy WebLinkAboutORD 3547 CITY OF RENTON, WASHINGTON "
ORDINANCE NO, 35447
AN ORDINANCE OF THE' `CITY 'OF RENTON, WASHINGTON,
CREATING AND ESTABLISHING A COMMUNITY FACILITIES
CHARGE
THE CITY COUNCIL OF THE CITY OF RENTON, ..WASHINGTON, DO
ORDAIN AS FOLLOWS :
SECTION I: Definitions :
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1 . Bedroom: Any room used or intended to be used for
ss eeeping purposes, including efficiency or studio
apartments ,
2 . Hotel or Motel , .Any building or group of buildings
containing six ori-More:-:guest..rooms intended or-designed
to be used' or
s which are used, rented or hired out to
be occupied or which are occupied for sleeping purposes
by guests .
3 . Mobile Home: "Mobile Home" means a structure , trans-
portable in one or more sections , which is thirty-two
body feet or more in length and is eight body feet
or more in'width, and which is built on a permanent
chassis , and designed to be used as a dwelling with
or without a permanent foundation when connected to*
the required utilities , and includes the plumbing,
heating, air-conditioning, and electrical systems
excluding contained •t erein and
h in modular homes .
4. Modular Home: "Modular Home" means any factory-built
-built
housing Te-signed primarily for residential occupancy
by human beings which does not contain a permanent
frame and must be mounted on a permanent foundation.
5. Residence , Sin le Fami1 A building arranged or
esigne to e occupie by not more than one family
and prepared mobile home or modular home pads for
the fixing of units to be used as a single family
residence
6 . Residence, Multiple Family : A building arranged to
be occup by more than one family living inde-
pendently of each other and having separate baths
and kitchens .
t hens .
7 . Condominium: Any structure containing three or more
dwelling units as defined in the housing code :
a) which is the subject` of a declaration filed
pursuant to. the Horizontal Property Regimes Act
(RCW Chapter 64.32) or b) in which there is private
ownership of individual units and common ownership
of common= areas .
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8. Residence Dwelling: A building or portion thereof
designed exclusively for residential occupancy
including single-family, two-family , and multiple-
family dwellings ;°'-but not including hotels , motels
boarding and lodging houses .
9 . Gross Floor Area: The total of all the floors
measure rom t e interior faces of the building ,
and outdoor areas- used for retail purposes .
10 Commercial:. A non-residential , non-governmental
use, including hotels. and motels , involving the ex-
change of goods , products , services or property of
any kind and including all uses not otherwise
defined as.Tresidential . or industrial .
11. Industrial : Any use permitted in a MP. L-1 or H-1
zone and not permitted in any other zone.
12 Contractor ' An individual, corporation, partnership, . . ,
or group of individuals : acting as a developer, or in
the employ',of the developer, who is (are) in the
business of and are responsible for providing the
actual physical improvements required by the
developer:;,`
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13. Developer: .,,, An individual , corporation or group of
indiv`viduals, engaged in the business of improving
or caus in %lr 1
ea property t e i
g e o b improved for the
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purpose of sale, lease or rental of thisro erty
to others .-
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14 Ca ital improvements :' Improvements of a permanent
ixed nature required for the carrying on of the t3
business of government and requiring the expenditure
of a substantial _ sum ,of money , to acquire, equip or
construct' such improvement and serving the general
population' as contrasted to an, individual or small
group of individuals .
SECTION II : The City Council of the City of Renton has
previously adopted Resolution No: 2395 making certain findings in
support of the Community Facilities Charge .
SECTION III : The Community Facilities Charge is imposed
under the City' s statutory authority to impose business and occupation
charges . The charge is in;ahe nature of a business and occupation tax
upon those who contract to develop property for sale, lease , rental' or
occupancy.
SECTION IV: Those instances in which an individual is
building a single family residence for his or her own use shall result
for the purposes of this Ordinance in that individual being termed as
a Contractor.
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SECTION V: t There is' hereby imposed as a Community Facilities
Charge on each residential dwelling unit, whether termed as a single
family residence , apartment, condominium or cooperative. unit, or under
any other name, the sum of $350, 0.0 per bedroom, with a $1, 000 , 00
maximum per such residential dwelling unit . Any mobile home pad or
modular home pad shall be "deemed to have two bedrooms for the purposes
of this Ordinance. Should any questions arise concerning the number
of bedrooms in any residential dwelling unit , then the Building Official
shall determine the number of bedrooms in the residential dwelling-units
for the purposes of this ordinance and such. shall be an administrative ,
determination appealable ,under this Ordinance.
SECTION VI: There is hereby imposed as a Community Facilities
Charge on commercial and industrial buildings ; and all other buildings
not termed as residential-, dwelling units, the sum of $0, 25 per square
foot of gross floor area of the building, as a community facilities
charge.
SECTION VII : ,The fees imposed by the prior Sections of this
Ordinance shall be charged as of. June 1, 1981 ,
SECTION VIII ; •,., The fees imposed under this Ordinance shall
be collectible as follows:-
1. For single''family residences and other construction
not requiring a certificate of occupancy under the Building Code in force
in the City of Renton at, thd time of the building , the fees shall be
charged and collected atTthe time the contractor applies to the City
for water meters .
2 . For all other construction not covered under Section 1
above, the fees shall be charged: and collected upon the request for
certificate of occupancy or temporary certificate of occupancy,
3 . No certificate of >occupancy, or final approval of the
construction shall be issued until such fees have been paid in full .
SECTION IX: No future building permit shall be issued to
any person owing the excise tax imposed by this Ordinance until the
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City' s Financial Director or his or her designee confirms payment of
the same by the taxpayer. The Building Official shall provide building
permit applications in appropriite . form setting forth the excise tax
requirements of this Ordinance and it shall be his or her obligation
to ascertain whether building permit applicants have complied with the
requirements of this Ordinance . ,
SECTION X: Creation'�'of Community Facilities Fund: There
is hereby created a
CU11nU 'ATfiv " ESEVE �tJND NO'. 3b47 1 into
which all fees generated under , this Ordinance shall be paid. The
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funds shall be collected and exp'ende'd only for capital improvements by
the City of Renton. Those improvements which shall be funded shall
be established by the City Council following recommendation of the Mayor
at the annual budget hearing. The -City Council shall establish the
projects-,to be funded following submission of .a prioritized list of
such projects by the Mayor to the City Council as part of the annual
budget process . No funds, shall be expended for any project not of a
capital improvement nature and not authorized by the City Council,
SECTION XI : The City Council shall review the level of
charges established herein at least-eivery third year after the establish-
ment of these charges an& establish or re-establish. the charges , based
upon the information best available to the Council at that time , Such
review shall include a public hearing before any charges may be raised,
SECTION XI,I : Excep'tionsbr Appeals : Any taxpayer aggrieved
by the amount of the tax found by the Building Official to be required
under the provisions of this Ordinance may appeal, to the Hearing Examiner
under the provisions of the City Code providing appeals from adminis-
trative decisions .. At such hearing the taxpayer shall be entitled to
be heard and to introduce, evidenc' e on his own behalf. The proceedings
and decisions shall be governed by, the' Hearing Examiner's Ordinance
I
procedures , rules and regulations .
SECTION XIII : Exemptions ,
A. Existing structures . Any parcel of land, which, on the
effective date of this Ordinance, has an existing structure or valid
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building permit issued for such a, structure, is exempt from community
facilities charges to the extent"' of-the then existing structure or
permit for which a building is actually constructed.
B. Alterations. AlWrations which do not increase the
floor space of a structure, or increase the land area occupied by a
structure , are exempt from all portions of the community facilities
charge, except when the alterations shall change the character of the
use from single family residence to multiple family residence, or
otherwise increase the intensity of the . use as defined by the Zoning
Code .
C. Change in Use A change in use results whenever an
application for a building permit is filed to expand an existing
structure , or construct a new structure. on a parcel of land. Whenever
such a change in use occurs , a °community facilities charge is imposed
and credit shall be given for those portions of, the charge previously
paid, or previously exempt . No refund shall be made on account of any
such credit.
D. Remodeling. Whenever a single family home owner desires
to expand the use of his home by' adding an additional bedroom, after
the home owner has originally occupied the home, without changing the
use of said home , then that' expansion, . as long as it does not exceed
one bedroom, shall be exempt from the fees under this Ordinance .
However, whenever the addition shall exceed one bedroom, then the
entire new addition shall. be subject to this Ordinance and its fees .
E. Passive Use : Any construction of a quasi-public nature
within the City of Renton not intended for occupancy by humans and not
intended for commercial or industrial uses of a direct nature , and which
does not directly utilize : any. City. utilities or capital improvements and
only incidentally makes use ,of said utiliti'es - or capital improvements ,
shall not be charged any 'community facilities charge under this Ordinance.
(Example: power substantion or radio transmission tower)
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SECTION XIV: Dedication in Lieu of Charge_ Whenever a
charge is due under this Ordinance and the owner of the property wishes
to dedicate land to the City in lieu of that charge , the owner may
petition the City to accept such dedication in lieu of all or a
portion of this community facilities charge. In each such instance
the Building Official shall contact the affected City departments
and determine whether or not the acceptance of such dedication would
be in the City' s best interest . After receiving all replies from
affected City departments the Building Official shall recommend to the
City Council the approval or disapproval of the dedication as submitted.
The dedication shall be accepted only when it appears from all avail-
able information that the dedication would be in the City ' s best
interest . When such dedication has been determined to be in the City's
best interest , the Building Official shall establish what portion of
the community facilities charge . shall be waived because of such
dedication and forward that information to the City Council . The
Council shall then determine if the City will accept the property and
further establish the amount of the community facilities charge to be
waived. Any unwaived portion of the fee shall be paid under the
terms of this Ordinance. Information concerning the extent of the fee
waived shall be communicated to the oN.mer and the dedication accepted
by the City in return. If the owner should fail to dedicate the
property to the City , then the fee in total shall be due the City at
the time and under the terms set forth in this Ordinance .
SECTION XV; Repealer: Section 3-241 (F) and Section 8-718
(A) of the Code and any and all other sections of the Code dealing with
and establishing, system development charges , community facilities
charges or similar charges are hereby repealed.
SECTION XVI : Severability... The invalidity or unconsti-
tutionality of any provision or section of this Ordinance shall not
render any other provision or section of this Ordinance invalid or
unconstitutional .
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SECTION XVII ; The effective date of this Ordinance shall
be after passage and publication as required by law,
PASSED BY THE CITY COUNCIL this 18th day of May , 1981 `
Maxine E. Motor, -Deputy City Clerk
APPROVED BY THE MAYOR, this 18th day of May r 1981 ,
u�+w'tw no tom.
Barbara Y,. Shinpoch , Mayor
Approved as to form:
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Lawrence-J . Warren; Cit-y--Attorney
Date of Publication : MRy ;29, 1981 (Summary Form)