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HomeMy WebLinkAboutORD 3101 . _ . . . , , ` , . � , ' � AMENDED BY U�(�.� 3 `��3 -� 35�-I CITY. OF RENTON, WASHINGTON - - `jq3� ORDINANCE N0. 3ioi 3�� y5,z3 AN ORDINANCE OF TSE CITY OF RENTON, WASHING.TON,. AMENDING CHAPTER 7 OF TITL�IV (BUILDING RE.GULATIQNS) OF ORDINANCE � N0. 1628 ENTITLED "CODE OF GENERAL �ORDINANCES OF THE CITY OF RENTOPI" RE.LATING .TQ. THE CITY'S ZONING .CODE AND THE 6 DUTIES OF THE HEARING EXAMINER AS PER ORDINANCE N0. 3071 THE CITY COUNCIL OF THE CITY OF REN.T.ON, WASHINGTON, DO ORDAIN AS FOLLOWS : SECTTON I : Whenever reference is made in said Chapter 7 of Title .IV (B.uilding Regulations) of Ordinance No. 1628 entitl.ed "Code of General Ordinances of the City of Renton'� to the_ .term "Planning Commission" the .term "HEARING EXAMINER" shall be _substi_tuted therefor. SECTION II; Existing Section 4-.709 A. (3) (f) of Title :IV (B.uilding Regulations) of Ordinance No. 1628 entitled "Code of General I Ordinances of the Cityof Re.nton't is hereby amended. to read as follows : CR-3 RESIDENCE DISTRICT) � Section 4-709iA. C3) (f)�,� as� arriended. Quasi public insti.tutions, churches , non-commercial playgrounds and golf courses , non-public schools and colleges , upon ��-���.ap_pro��l`-:�.�-�n by. the Hearing Examiner, after public hearing thereon and acceptance of. the .design and examination of the location with a finding that such proposed. use is in compl�ance with all provisions , regulations and standards and will not be. unduly ' detr.imental to adjacent .surrounding properties and erijoyment thereof. SECTION .III: Existing �ction 4-71�1 A (7.) of Title IV (Building Regulations) ot Ordinance No. 1628 entitl.ed "Code of General Ordinances of the City of Ren�ton" is hereby amended to. rea.d as follows: C B=l �BU:S'INES'�S DISTRICT). Sect'ion 4=T11/A�.� (T:) , as amerided. Lumber yards, and fuel yards , allowed by special permit following ,, approva�' ;- �; by. the Hearing Examiner. after public hearing .thereon and acceptance of the. design and an examination of the location with a finding that such proposed use is in compliance with all provisions , regulatians and standards and will not be unduly detri.mental to adjacent surrounding properties and enjoyment thereof; provided that when unhoused. they shall be surrounded by an eight .foot (8' ) solid wall or sight-obs.curing ferice herein known as a -1- . • , � , � . . _ . structure, and the yard regulations of this district .shall be observed and, provided further, that no such lumber yard or f.uel yards shall be maintained closer than one hundred feet (100' ) to: the .side line of Residential Distr.icts . SECT�ION IV: Existing Section 4-.711 A ( 20) of Title IV (Building Regulatians) of Ordinance No. 1628 entitl.ed "Co.de of General Ordinances of the City of Renton't is hereby amended to read as follows : Sect'ion 4-T11 `(B=1 BUSINESS" �DISTRICT) A. (70)�, as amerided : Mobile home parks as provided in the Niobile Home Park Ordinance, known as Chapter 20 , Title _IV, may be allowed by s.pecial permit if approve.d by. the Hearing Examiner after publ_ic hearing .thereon, the _acceptance of the design, and an examination of the location with a finding by. the. Hearing Examiner. that such. proposed use will not be unduly detrimental to adjacent and surr.ounding properties and the enjoymerit .thereof. SECTION V : Existing Section 4-722 (B) of Title IV (B.uilding `�Regulations) of Ordinance. No. 1628 erititl.ed "Code of Gerieral Ordinances of the City of Renton" is hereby amerided. to read as follows : Sect'ion 4-.T2 2 'CADM�IN�:S�'�RA�'�ON;': INTERPRE.TAT:ION AND P£RMTTS) (B) , as amended: Special Permits : Recognizing that .there are certain uses of property. that may be detrimental to the .public health, saf.ety, morals and general welfare, and not permitted by right in the zone where proposed, depending upon the �acts of each parti:cular case, a limited power to. issue permits for such uses is veste.d in the Hearing Examiner following recom- mendation by: the Planning :Department. SECTION .VI : There is hereby added new .subs:ections to Section 4-722 of Title IV (Building .Regulations) of Ordinance No. 1628 entitled rrCode of General Ordinances of the City of Re.nton" to. read as follows : Section 4-727 (F) Conditional Use _Permits . Upon proper appli- cation, the Hearing Examiner may grant conditional use permits for such uses as requ.ire theni under: this Title. The Hearing Examiner may deny any application if th.e ch�acteristics of the intended use would create. an incompatible or hazardous condition. l. Any applicant for a conditional use .permit .shall .at .the -2- �ime of such application, pay a minimum fee of bne Hnndred Dollars, ($100 . 00) plus Ten Dollars ($.lO . OD) per acre, which. .shall be non- refundable, and such payment shall be made to the Director of Finance , or her authorized representa.tive. Sectiori 4=72�2 (G.)Purpose of A Corid'itional Use Permit.: The purpose of a conditional use permit shall be: 1. To assure,: �.y� means of imposing s.pecial conditions and requirements on development, that the compatibil�y. of uses , a purpose of this T.itl.�, shall be maintained, considering .other existing and potential uses within the general area of the. proposed use. ' 2 . The conditions imposed shall be .t.ho:se which will reaeonably assure that nuisance ar hazard to life or property will not develop. The Hearing Examiner may not use a conditional use .permit to reduce .the zoning req.uriements of �e zone in which the use is to locate. Such reduction of requirem:ents shall be accomplished only thr.ough _the medium of a variance. The. Examiner shall have the right to limit .the term and duration of any such conditional use :permit and may impose such conditions as are reasonably necessary and required. SECTI.ON VII: �xisting Section �+-..725 (c) of Title IV (Building Regulations) of Ordinance No. 1628 entitl.ed "Code of General Ordinances of the City of Renton" is hereby amended to read as follows : Section 4=T25 '(ANT£NDMENTS)" Cc) ,� as amerided: A petition for a change in use distr.ict boundaries or reclassification of property shall be made by. the property. owner, or somebody authorized on his behalf, on forms provided by and filed with the Planning Department. The Planning Department shall cause an investigation to be made of the matters involved in the petition. The. Department shall then call a public hearing, to be he.ld before the Hearing Examiner, to hear all interested parties on � said petition and three .( 3.) notices, at .least ten (10) days prior to such hearing before the_ Hearing Examiner, shall be .posted within or �out the .area proposed �o. be rezoned or reclassified. -3- Following the hearing and after_ consideration of the facts of the proposal and all other patinerit matters and evidence, the Hearing Examiner shall, wi.thin seven (7.) days make a recommendation to the City Council. If the Hearing Examiner, after thorough study of the proposal and the petition, determines that .the reclassification or the. change in use boundaries is advisable and in the public interest and tends to further the preservation and enjoyment of any substantial property rights of the petitioner and is not materially detrimental to the public welfare or the properties of oth.er persons located in the vicinity thereof, and is not out of harmony with the pur..poses and effect of the over-all comprehensive plans of the established zone classification and use district boundaries, then in any such event, the Hearing Examiner may recommend that the City Council approve the classification or change in use district boundaries of said property. ' The following fees are hereby established effective as of January 1, 1977, to-wit: (l) For rezone, a min�.mum fee of One Hundred Dollars ($100 . 00) plus Ten Dollars ($10 . 00) per acre. (2) For conditional use permit, a minimum fee of One Hundred Dollars ($100 . 00) plus Ten Dollars ($10 . 00) per acre ( 3) For special permit, a minimum fee of One Hundred Dollars ($100 . 00) plus Ten Dollars ($10 . 00) per acre; in case of special permits under the City' s Mining, Exca�ation and Grading Ordinance (Chapter 23 af Title IV) the filing fee shall be One Hundred Dollars ($100 . 00) plus Twenty Five Dollars ($25 . 00) per acre . � (4) For temporary permits , a minimum fee of One Hundred Dollars ($.�00 . 00) plus Teri Dollars ($10 . 00) per acre . t 5) For v�riance�'p�r�it;'� a f�li� ���e= of Fifty Dollars ($50 . 00) which shall be paid at the time of filing of applicatian for such approval. ( 6.) For site approval, a minimum fee of One Hundred Dollars ( $100 . 00) plus Five Dollars ($5 . 00) per acre. -4- . I � • • e � w � ` All of such fees shall be paid by the petitioner-applicant upon filing .. of the application. All filing fees shall be non-refundable and shall be used to defray the cost of posting, process.ing and the proceedings in connection with any such petition-application. The afores�d filing fees shall not be applicable to any governmental agency or political subdivision appearing as �titioner-applicant . 2 . All petitions for a change of use district boundaries shall be accompanied by a plat in duplicate, drawn to scale, showing the actual dimensions of the tract to be changed, the size., the use and ' location of existing buildings and buildings to be erected and such other pertinent information as may be required by the Building , Inspector. 3 . A petition for a change for use distr.ict boundaries or reclassification of ro ert seekin the same or substantiall P P Y� g Y same rel.ief as a prior petition, cannot be re-filed or re-submitted with the Hearing Exarniner or the City Council, for a period of twelve (12) months from the date of final disapproval or rejection of such prior petition. SECTIQN VIII: Existing Section 4-725 of Title IV (Building Regulations) of Ordinance No. 1628 entitled "Code of General Ordinances of the City of Renton"is hereby amended by adding subsection (d) as follows : Section 4-725 (AMENDMENTS) (cl) , as amerided: All of such zoning classifications and procedures in connection therewith shall be in compliance with the terms and provisions of Section 4-3001, et seq. SECTION IX: Existing Section 4-728 of Tit1e IV (Building Regulations) of Ordinance No. 1628 entitled "Code of General Ordinances of the City of Renton� is hereby repealed. In l.ieu thereof, all matters -5- _ ,�. �� , • . of appeals shall be governed by the provisions of 4-3016 of the City' s Code and as otherwise provided by law. SECTION X: Existing Section 4-73I (C) 2 (B) of Title IV (Building Regulations) of Ordinance No. 1628 erititled "Code of General II Ordinances of the City. of� Renton" is hereby amended by adding a new subscection "f" as follows : Sectiori 4-731 CC) 2 CB) f. , `as amerided: Any applicant for a � variance shall, at the time of such �application, pay a fee of Fifty I! Dollars ($50 .00) which shall be non-refundable , and such payment shall , be made to the Director of Finance or her authorized representative. �', • - a 4 4 a II�' SECTION XI. Existing Sectior� 4 731 (C) 1, 3 , 3 , , and 4 b of Title IV (Building Regulations) of Ordinance No . 1628 entitled "Code of �eneral Ordinances of the City of Renton" are hereby r,'epeal:e�d. a. and b. SECTION XII : Existing Section 4-731 5/of Title IV (B.uilding Regulations) of Ordinance No. 1628 entitled "Code of General Ordinances of the City of Renton" is hereby amended to read as follows : Section 4-73T 5. ; (a) arid; Eb-) ; as amerided: Notice and Hearing on Application for Variance or Conditional Use Permit. Upon the filing of an application for a variance or conditional use permit by a property owner, or by his duly authorized age.nt, which application shall set forth fully the grounds therefor and thefacts deemed to justify the grariti.ng of such variance or conditional use permit, the Planning Department shall give notice in the following manner. a. In case of a conditional use permit,- the date of public hearing before the Hearing Examiner shall be not more than twenty one ( 21) days from the time of filing and acceptance of such application; and in case of a an application for variance, the date of public� h�ar,.ing before .the Board of Adjustment, shall be not more ' than forty-five (45) days from the dateof such filing and acceptance of such applicati.on. -6- _ i b. Notice of the time and place of public hearing shall be given in at least one publiration in the City' s legal newspaper which ublication shall be not less than ten (10) da s rior to the P Y P date of said public hearing; in addition thereto three ( 3) written notices of such public hearing shall be posted, at least ten (10) days prior to such hearing, within, on or abo.ut the subject premises and if such premises contain any structures or building, then at least one of such notices shall be posted on such st'ructure or building . SECTION XIII : Any and all Ordinances or parts of Ordinances in conflict herewith are hereby repealed. on and after Jan. 1,1977 and SECTION XIX: This Ordinance shall be effective/upon its passage, approval and five days after its publication. I PASSED BY THE CITY COUNCIL this 17th day of January 1977 . 'I A�� De ores A. Mead, ity Cl�rk ^ APPROVED BY THE MAYOR this 17th day of January, 1977 . .�'Z�i1.��:J�d�/�P��2f��� � � Charles �,d. Delaurenti, Mayor A roved as to form: I' PP i �� ,��� � Getard M. Sliellan, City Attorney ' Date of Publication: 1-21-77 -7- I� _ __ __