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HomeMy WebLinkAboutORD 6100 CITY OF RENTON, WASHINGTON ORDINANCE NO. 6100 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING ZONING, STANDARDS, AND DEFINITIONS FOR WAREHOUSING AND RELATED LAND USES IN SUBSECTIONS 4-2-060.L, 4-2-060.M, 4-2-080.A.11, AND 4-2-130.A, SECTIONS 4-11-040,4-11-050,4-11-060,4-11-180,4-11-190,AND 4-11-230 OF THE RENTON MUNICIPAL CODE, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on August 12, 2022, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on September 7, 2022, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits or are not explicitly repealed herein remain in effect and unchanged. SECTION II. Subsections 4-2-060.L and 4-2-060.M of the Renton Municipal Code are amended as shown in Attachment A. All other provisions in 4-4-060 remain in effect and unchanged. SECTION III. Subsection 4-2-080.A.11 of the Renton Municipal Code is amended as follows: 1 ORDINANCE NO. 6100 11. Storage of products shall be limited to products related to retail, service, or office uses and shall not be located along the building street frontage or in- eas visi le—tote b::c. Warehousing facilities, warehousing and distribution facilities, and fulfillment centers shall monitor and collect vehicle trip counts to and from the facility for a minimum of two (2) years after operations begin, and all data shall be furnished to the Administrator. Facility size shall be limited as follows: a. Warehousing facilities shall be limited to two hundred thousand (200,000) square feet of gross floor area. b. Warehousing and distribution facilities shall be limited to four hundred thousand (400,000) square feet of gross floor area. c. Fulfilment centers shall be limited to one hundred (100,000) square feet of gross floor area. SECTION IV. Subsection 4-2-130A of the Renton Municipal Code is amended as shown in Attachment B. SECTION V. Section 4-11-040 of the Renton Municipal Code is amended as follows: 4-11-040 Definitions D: DANCE CLUB: Any facility, restricted to adults over twenty-one (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. 2 ORDINANCE NO. 6100 DANCE HALL: Any place where a public dance, as defined in RMC 5-13-1, is conducted without restriction on age, or restricted to minors only. Dance halls are further regulated under RMC Title 5 and require a license to operate. This definition excludes adult entertainment businesses, dance clubs, entertainment clubs, and gaming/gambling facilities. DANGEROUS BUILDING: As defined by the "Uniform Code for the Abatement of Dangerous Buildings." DATA CENTER: A facility used primarily for off-site storage of computer systems and associated components including applications and secure data. Some data centers may include maintenance areas and a small office. Data centers may be occupied by single or multiple tenants, but typically have a small number of employees and visitors. See RMC 4-11-230, WAREHOUSING. 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 nonresidential structure. This definition does not include adult day care/health. 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. DAYLIGHTING: Restoration of a culverted or buried watercourse to a surface watercourse. 3 ORDINANCE NO. 6100 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. DEED OF DEDICATION: A formal dedication of right-of-way or easement to the City, to be approved by City Council, the Hearing Examiner, the Public Works Administrator or designee, or the Community and Economic Development Administrator or designee. DEMOLITION WASTE: Solid waste resulting from the demolition or razing of buildings, roads and other human-made structures. Demolition waste includes, but is not limited to, concrete, brick, bituminous concrete, wood and masonry, composition roofing and roofing paper, steel, and minor amounts of other metals like copper. DENSITY,GROSS: A measure of population, housing units, or building area related to land area, and expressed as a ratio, i.e., one dwelling unit per acre, or one thousand (1,000) people per square mile. DENSITY, NET: A calculation of the number of housing units and/or lots that would be allowed on a property after critical areas, i.e., very high landslide hazard areas, protected slopes (except evaluate on a case-by-case basis those protected slopes created by previous development), wetlands, Class 1 to 4 streams and lakes, or floodways, and public rights-of-way and legally recorded private access easements, are subtracted from the gross area (gross acres minus streets and 4 ORDINANCE NO. 6100 critical areas multiplied by allowable housing units per acre). Developments meeting the definition of a shopping center are not required to deduct areas within access easements from the gross site area for the purpose of calculating net density. Required critical area buffers, streams that have been daylighted including restored riparian and aquatic areas, public and private alleys, unit lot drives, drives, joint use driveways (and the access easements upon them), and trails shall not be subtracted from gross acres for the purpose of net density calculations. All fractions which result from net density calculations shall be truncated at two (2) numbers past the decimal (e.g., 4.5678 becomes 4.56). Calculations for minimum or maximum density which result in a fraction that is one-half(0.50)or greater shall be rounded up to the nearest whole number.Those density calculations resulting in a fraction that is less than one-half (0.50) shall be rounded down to the nearest whole number. 4tan� ..,... '.1M Van • • I • r ..--[ LJ Gro55 Area (Net Area DEPARTMENT: The Department of Community and Economic Development of the City of Renton, unless otherwise specified. 5 ORDINANCE NO. 6100 DEPARTMENT ADMINISTRATOR: See ADMINISTRATOR. DESIGNATED ZONE FACILITY: Any hazardous waste treatment and storage facility that requires an interim or final status permit under rules adopted under chapter 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 release it to the point of discharge at a controlled rate or to hold water for a considerable length of time during which the volume is reduced through evaporation,evapotranspiration by plants, or infiltration into the ground. DETERMINATION OF NONSIGNIFICANCE (DNS): The written decision by the responsible official of the lead agency that a proposal is not likely to have a significant adverse environmental impact, and therefore an EIS is not required (WAC 197-11-310 and 197-11-340). The DNS form is in WAC 197-11-970. DETERMINATION OF NONSIGNIFICANCE, MITIGATED (MDNS): A DNS that includes 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. 6 ORDINANCE NO. 6100 DEVELOPABLE AREA: Land area outside of critical areas, critical area and shoreline buffers, and public rights-of-way that is otherwise developable. DEVELOPMENT: The division of a parcel of land into two (2) or more parcels; the construction, 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: (This definition for RMC 4-3-050, flood hazard regulations, use only.)Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard. DEVELOPMENT: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) A use consisting of the construction or 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. This does not include dismantling or removing structures if there is no other associated development or redevelopment. DEVELOPMENT AGREEMENT: A recorded contract entered into by the city and an applicant setting forth development standards and other provisions governing and vesting a development or use for a duration of time specified in the contract. 7 ORDINANCE NO. 6100 May be used to obligate an applicant to fund or provide services, infrastructure, or other facilities. 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. DEVELOPMENT REGULATIONS (for vesting purposes): The following controls placed on development or land use activities by the City, including but not limited to: Comprehensive Plan Policies, zoning regulations, subdivision regulations, shoreline management regulations, road design standards, site development regulations,sign regulations,critical areas regulations, and all regulations and land use controls that must be satisfied as a prerequisite to obtaining approval of an application for development. For the purposes of this definition, construction and utility regulations such as stormwater standards and erosion/sediment control requirements contained in RMC Title IV, Development Regulations, building standards, fire standards, sewer utility standards, and Health Department standards are not considered development regulations or land use controls. RMC Title IV processes and procedures are not considered development regulations or land use controls. 8 ORDINANCE NO. 6100 DEVELOPMENT SERVICES DIRECTOR: The Director of the Development Services Division of the Department of Community and Economic Development or designee. DISPLAY SURFACE: The area made available by the sign structure for the purpose of displaying the advertising message. DISPLAY WINDOW: A window in a building facade intended for nonpermanent display of goods and merchandise. DIVERSION FACILITY: A facility that provides inpatient healthcare for individuals that are self-admitted or ordered, diverted, or referred from jails, hospitals, doctors or similar treatment facilities or professionals, or by first responders, including law enforcement, hospital emergency department social workers, and similar professionals. Services may include an array of inpatient healthcare treatment and support services including but not limited to screening and assessment, psychological counseling, case management, crisis management, detox services, substance use and trauma-related treatment services, behavioral/mental health care, medical isolation, care, or treatment, counseling, respite services, and various levels of accommodations for sleeping purposes. Some outpatient healthcare services may be provided. Not included in this definition are congregate residences, assisted living facilities, adult family homes, group homes, convalescent centers, social service organizations, or homeless services uses. DOCK: A fixed or floating platform extending from the shore over the water. 9 ORDINANCE NO. 6100 DOUBLE CHECK VALVE ASSEMBLY: See RMC 4-6-100. DOUBLE-WALLED: See RMC 4-5-120G. DOWNTOWN BUSINESS DISTRICT: Those uses, buildings, and walkways within the area mapped in RMC 4-2-080D. In general, the area is bounded at the north by parcel lines near South Second Street, at the east by the Cedar River and 1-405, at the south by parcel lines near South Fourth Street and parcel lines along South Third Street, and at the west by parcels along Burnett Avenue South and Shattuck Avenue South. DRAINAGE AREA: The total area whose drainage water flows to and across the subject property. DREDGING: The removal of earth from the bottom or banks of a body of water. DRIP LINE: A tree's drip line shall be described by a line projected to the ground from the outer edge of the tree canopy delineating the outermost extent of foliage in all directions. DRIP LINE, PROTECTED: A tree drip line identified to be retained and preserved as an undisturbed,vegetated area that fully encompasses the drip line of a protected tree removed in violation of a land development permit. DRIVE-IN/DRIVE-THROUGH RETAIL OR SERVICE: A business or a portion of a business where a customer is permitted or encouraged, either by the design of physical facilities or by service and/or packaging procedures, to carry on business in the off-street parking or paved area accessory to the business, while seated in a motor vehicle. In some instances, customers may need to get out of the vehicle 10 ORDINANCE NO. 6100 to obtain the product or service. This definition shall include but not be limited to drive-in services at fast-food restaurants, espresso stands, and banks and pharmacies. This definition excludes vehicle service and repair, vehicle fueling stations, and car washes. DROP-OFF ZONE: A sidewalk area abutting a street intended for passengers to enter or exit vehicles that are temporarily parked for that purpose. DWELLING, ATTACHED: A dwelling unit connected to one or more dwellings by common roofs, walls, or floors or a dwelling unit or units attached to garages or other nonresidential uses. This definition includes assisted living facilities but excludes boarding and lodging houses, accessory dwelling units, adult family homes, group home I or group home II as defined herein. Attached dwellings include the following types: A. Flat: A dwelling unit attached to one or multiple dwelling units by one or more common roof(s), wall(s), or floor(s) within a building. Typically, the unit's habitable area is provided on a single level. Unit entrances are provided from a common internal corridor. B. Townhouse: A dwelling unit attached to one or more such units by one or more common vertical walls in which each unit occupies the building from the bottom of the foundation to the roof, has at least two (2) exterior faces, front and rear ground-level access to the outside, and no unit is located over another unit. Townhouse units may be multistory. 11 ORDINANCE NO. 6100 C. Carriage House: One or more dwelling units built above one or more private garage(s). The attached garage(s) typically contains vehicles and/or storage for people living in another building as well as occupants of the carriage house. This definition does not include accessory dwelling units. D. Garden Style Apartment(s): A dwelling unit that is one of several stacked vertically, with exterior stairways and/or exterior corridors and surface parking. Parking is not structured and may include detached carports or garages. Buildings and building entries are oriented toward internal drive aisles and/or parking lots and not street frontage.There is typically no formal building entry area connected to a public sidewalk and a public street. Site planning may incorporate structures developed at low landscaped setbacks. DWELLING, DETACHED: A building containing one dwelling unit which is not attached to any other dwelling by any means except fences, has a permanent foundation, and is surrounded by open space or yards. Also called a single family dwelling. This definition does not include accessory dwelling units. 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. DWELLING UNIT, ACCESSORY: An independent subordinate dwelling unit that is located on the same lot as, but not within, either a single-family dwelling or a principal building actively operated with a nonresidential use by a religious 12 ORDINANCE NO. 6100 institution or social service organization. This may include units over detached garages. SECTION VI. Section 4-11-050 of the Renton Municipal Code is amended as follows: 4-11-050 Definitions E: EARLY NOTICE: See RMC 4-9-070R. EARTH MATERIAL: Any rock, natural soil or fill and/or any combination thereof. EASEMENT: A grant by the property owner for the use or protection of a piece of land by the public, corporation, or persons for specific purposes. A. Easement, Access: An easement created for the purpose of providing vehicular or pedestrian access to a property. B. Easement, Conservation: An easement held by the City, a public or nonprofit entity approved by the City, or by the property owner for the express purpose of protecting and conserving critical areas and their buffers. EATING AND DRINKING ESTABLISHMENT: A retail establishment selling food and/or drink for consumption on the premises or for take-out, including accessory on-site food preparation. This definition includes, but is not limited to, restaurants, cafes, and microbrew establishments. This definition excludes taverns; mobile food vending;fast food; entertainment clubs; dance clubs; and/or dance halls. ECONOMIC DEVELOPMENT: A development which provides a service, produces goods or a product, retails a commodity, or emerges in any other use or activity for the purpose of making financial gain. 13 ORDINANCE NO. 6100 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 COGENERATION: 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 or the use of a production by-product to generate power. Facilities with cogeneration systems use them to produce their own electricity, and use the unused excess (waste) heat for process steam, hot water heating, space heating, and other thermal needs.They may also use excess process heat to produce steam for electricity production. 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. ENGINE OR TRANSMISSION REBUILD, INDUSTRIAL: An operation which rebuilds, reconditions, or customizes engines or transmissions which are sold to vehicle 14 ORDINANCE NO. 6100 service and repair operations or to individual customers for installation into vehicles off site. ENGINEERING GEOLOGIST: See GEOTECHNICAL ENGINEER. 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. ENGINEERING GEOLOGY REPORT: See GEOTECHNICAL REPORT. 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. 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. 15 ORDINANCE NO. 6100 This definition includes accessory retail sales of entertainment media as well as foodstuff. This definition does not include adult retail uses. ENVIRONMENTAL REVIEW COMMITTEE (ERC): The Environmental Review Committee, as defined by RMC 4-9-070D, is the SEPA Responsible Official Authority. EROSION: The wearing away of the ground surface as a result of the movement of wind, water and/or ice. ESSENTIAL HABITAT: Habitat necessary for the survival of federally listed threatened, endangered, and sensitive species and state listed priority species. EVICTION: Any effort by a property owner and/or developer to remove a tenant from the premises or terminate a tenancy by lawful or unlawful means. EXCAVATION:The mechanical removal of earth material. EXISTING LEGAL USE:The use of a lot or structure at the time of enactment of a zoning or other land use regulation. EXOTIC: Any species of plants or animals that are not indigenous to the planning area. 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 typically associated areas for sorting and SECTION VII. Section 4-11-060 of the Renton Municipal Code is amended as follows: 16 ORDINANCE NO. 6100 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. FAMILY: Any number of related individuals, or not more than four (4) unrelated individuals, living together as a single household. FARMERS MARKET: A public market at which farmers and often other vendors sell agricultural produce, which includes the sale of flowers directly to consumers. FAST FOOD RESTAURANT: A restaurant occupying a detached structure, identified by a name brand that offers a standard menu,typical business operation logo, advertising franchise ownership or affiliation, and a corporate architectural prototype building. Franchise fast food typically caters to a market area larger than one neighborhood and is auto oriented. It may include drive-through service. This definition excludes espresso stands. FEASIBLE (with regard to application of the Surface Water Design Manual in RMC 4-6-030): An LID best management practice that is considered capable of implementation following consideration of the Surface Water Design Manual 17 ORDINANCE NO. 6100 infeasibility criteria. Provided, an LID best management practice is not feasible if it would conflict with requirements of federal or state law, zoning district design criteria, public health and safety, transportation regulations, regulations protecting tree species, a local code or rule adopted as part of a Wellhead Protection Program established under the Federal Safe Drinking Water Act, or a local code or rule adopted to protect a Critical Aquifer Recharge Area established under the State Growth Management Act. FEATURE, KEY: A distinctive element of a site, development, or building that provides a defining characteristic, style, or functionality of a development, such as prominent architectural elements, environmental amenities (e.g., creek crossing, retained tree stands), or prominent design features (e.g., promenades or site entries). FENCE: An outdoor physical and/or visual barrier, railing, or other upright structure erected above ground and separating an area of ground. For the purpose of administering this Title, a wall shall be considered to be a fence unless the wall resists the lateral displacement of soil or other materials, in which case it shall qualify as a retaining wall. FILL: A deposit of earth material placed by artificial means. FINAL PLAT: See PLAT, FINAL. FIRE CHIEF: The Fire Chief or Chief Administrative Officer Of the Renton Regional Fire Authority. FIRE DEPARTMENT: The Renton Regional Fire Authority. 18 ORDINANCE NO. 6100 FIRE FLOW:The measure of the sustained flow of available water for fire fighting at a specific building or within a specific area at twenty (20) pounds per square inch residual pressure. FIRE MARSHAL: The City of Renton Fire Marshal or his/her designee. FLAT: See DWELLING, ATTACHED. FLOOD or FLOODING: 1. A general and temporary condition of partial or complete inundation of normally dry land areas from: a. The overflow of inland or tidal waters, and/or b. The unusual and rapid accumulation of runoff of surface waters from any source, and/or c. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection lb of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. 2. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection la of this definition. 19 ORDINANCE NO. 6100 FLOOD CONTROL: Any undertaking for the conveyance, control, and dispersal of flood waters. FLOOD ELEVATION STUDY: An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. Also known as a Flood Insurance Study (FIS). FLOOD INSURANCE RATE MAP (FIRM): The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). FLOOD INSURANCE STUDY: The official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary-floodway map and the water surface elevation of the base flood. FLOOD,ONE HUNDRED(100)YEAR:The maximum flood expected to occur during a one-hundred (100) year period. FLOOD PROOFING: Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. Flood proofed structures are those that have the structural integrity and design to be impervious to floodwater below the Base Flood Elevation. 20 ORDINANCE NO. 6100 FLOODPLAIN or FLOOD-PRONE AREA: Any land area susceptible to being inundated by water from any source. See FLOOD or FLOODING. FLOODPLAIN ADMINISTRATOR: The community official designated by title to administer and enforce the floodplain management regulations. FLOODWAY: The channel of river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Also referred to as "Regulatory Floodway." F .OcC wAY r 1100CX'L.AIN _-- FLOODWAY: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) Those portions of a river valley lying streamward from the outer limits of a watercourse upon which flood waters are carried during periods of flooding that occur with reasonable regularity, although not necessarily annually. The floodway shall not include those lands that can reasonably be expected to be protected by flood control devices maintained by or maintained 21 ORDINANCE NO. 6100 under license from the federal government, the State, or a political subdivision of the State. FLOOR AREA, GROSS: The sum of the gross horizontal areas of all floors of a building measured from the exterior face of each wall. LOBBY HALLWAY BATHROOMS [Li ILI aI HALLWAY Net Floor Area Gross Floor Area FLOOR AREA, NET: The total of all floor area of a building, excluding stairwells, elevator shafts, mechanical equipment rooms, interior vehicular parking or loading, and all floors below the ground floor, except when used for human habitation or service to the public. FLOOR AREA RATIO: The gross floor area of all buildings on a lot divided by the lot area. 22 ORDINANCE NO. 6100 FLOOR, GROUND: The floor located at or near the adjacent grade or public right- of-way. FLOWER/PLANTS AND FLORAL SUPPLY: A business involving the retail sale of flowers, house plants, and associated floral supplies. FRANCHISE RETAIL ARCHITECTURE (OR GENERIC OR CORPORATE ARCHITECTURE): Consists of site layout, buildings, and signs for businesses (usually large format, chain, or franchise retail establishments) that are the same style, color, and material regardless of location. Typically, the employees wear uniforms and the products or food are the same in every facility. FRONT YARD: See YARD REQUIREMENT. FUEL DEALERS: Wholesale distribution of fuels with associated bulk fuel storage. FUELING STATION, VEHICLE: See VEHICLE FUELING STATIONS FULFILLMENT CENTER: A building used primarily for the storage and/or consolidation of manufactured goods (and to a lesser extent, raw materials) prior to their distribution to retail customers, retail locations, or other warehouses. A typical fulfillment center has a high level of onsite automation and logistics management. Fulfillment centers are generally characterized by a significant storage function and direct distribution of ecommerce product to end users.These facilities usually handle smaller packages and quantities than other types of warehouses, and operations at these facilities often include employees fulfilling online orders by picking, packing, and shipping the goods and materials directly to online retail customers. These qualities, large scale, and volume of goods moved 23 ORDINANCE NO. 6100 directly to home customer delivery differentiate it from other kinds of warehouse distribution. This definition excludes warehousing, and warehousing and distribution. SECTION VIII. section 4-11-180 of the Renton Municipal Code is amended as follows: 4-11-180 Definitions R: RAILROAD YARDS: An area for the switching, storing, assembling, distributing, consolidating, moving, repairing, weighing or transferring of cars, trains, engines, locomotives, and rolling stock. REAR YARD: See YARD REQUIREMENT. REASONABLE USE: A legal concept that has been articulated by federal and state courts in regulatory takings issues. RECEIVING BODIES OF WATER: Creeks, streams, rivers, lakes, storm sewers, wetlands and other bodies of water into which surface waters are directed, either naturally or in manmade ditches or open and closed systems. RECOGNIZED HIGHER RISK: The handling, processing or storage of flammable, explosive, blasting or toxic agents and their related 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 a higher risk on its neighbors and/or adjacent or nearby properties natural 24 ORDINANCE NO. 6100 or manmade waterways, or which may tend to endanger environmental qualities before special actions are taken to mitigate adverse characteristics. RECREATION: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) The refreshment of body and mind through forms of play, amusement or relaxation. The 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. This definition includes both public and private facilities. RECREATION,ACTIVE: Leisure-time activities sometimes requiring equipment and taking place at prescribed places, sites, or fields. Active recreation includes such activities as swimming, boating, tennis, fishing, soccer, etc. RECREATION, PASSIVE: Activities that involve relatively inactive or less energetic activities, such as walking, sitting, reading, picnicking, and card, board, or table games. RECREATIONAL FACILITIES, INDOOR: A place designed and equipped for the conduct of sports and leisure-time activities within an 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 indoor sports arenas, auditoriums, and exhibition halls. RECREATIONAL FACILITIES, OUTDOOR: A place designed and equipped for the conduct of sports and leisure-time activities with little or no enclosed space. Examples include: private (commercial or private club) outdoor tennis courts, 25 ORDINANCE NO. 6100 private outdoor swimming pools, batting cages, amusement parks, miniature golf courses, golf driving ranges, and playgrounds. This definition excludes marinas, parks, golf courses and outdoor sports arenas. RECREATIONAL VEHICLE: A vehicle that is: 1. Built on a single chassis; and 2. Four hundred (400) square feet or less when measured at the largest horizontal projection; and 3. Designed to be self-propelled or permanently towable by a light duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary quarters for recreational, camping, travel, or seasonal use. This definition includes, but is not limited to, motor homes and travel trailers. RECREATIONAL VEHICLE: (This definition is for flood hazard regulations in RMC 4- 3-050 use only.) A vehicle that is: 1. Built on a single chassis; 2. Four hundred (400) square feet or less when measured at the largest horizontal projection; 3. Designed to be self-propelled or permanently towable by a light duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. 26 ORDINANCE NO. 6100 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. 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. RECYCLING COLLECTION STATION: A container or containers for the collection of secondhand goods and recyclable materials. REFUSE: A term synonymous with municipal solid waste (MSW) including all accumulations of waste matters discarded as of no further value to the owner, such as kitchen and table waste, 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, bulk waste, recyclables, yard waste and special or hazardous wastes. REGULATED ACTIVITY: (For chapter 4-3 RMC, Critical Area Regulation Use only.) All existing and proposed activities located within a regulated critical area or critical area buffer. 27 ORDINANCE NO. 6100 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 other vegetation. RENTAL UNIT: Any dwelling unit 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 October 15, 1979, shall be considered a rental unit. 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 are not included in this definition. RESEARCH — SCIENTIFIC (SMALL SCALE): The gathering of data, information, and facts for the advancement of knowledge. Small scale research is generally sponsored by an organization or government agency. Facilities may consist of 28 ORDINANCE NO. 6100 temporary offices, sheds, or structures that have a small footprint. The uses have only limited impact on the underlying use of the site or environment as determined by the Community and Economic Development Administrator. Such scientific research may be conducted in a building or in the field, may include investigation, testing or experimentation for study, research education, mitigation, and demonstration of scientific principles and may be temporary in nature. RESTRICTIVE COVENANT: A restriction on the use of land set forth in a formal binding agreement running with the land and binding upon subsequent owners of the property. RETAIL SALES: Establishments within a permanent structure engaged in selling goods or merchandise available for immediate purchase and removal from the premises by the general public for personal or household consumption and rendering services incidental to the sale of such goods. This definition includes department stores, retail shops, grocery stores and large format retailers developing using a multi-story format. This definition excludes adult retail uses, vehicle sales, wholesale 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, farmers markets, manufactured homes, burial monuments, 29 ORDINANCE NO. 6100 building and landscape materials, lumber yards, vending machines, and retail product lockers. This definition excludes adult retail uses, or vehicle sales. RETAIL, WHOLESALE: A retail establishment accessible by the public engaged in selling goods or merchandise to the general public as well as other retailers, contractors, or businesses, and rendering services incidental to the sale of such goods, involving a high volume of sales of products in a warehouse setting, and may include, but is not limited to, membership warehouse clubs that emphasize bulk sales, "big-box retail," discount stores, and outlet stores. This definition excludes warehousing, warehousing and distribution, vehicle sales, outdoor retail sales, and adult retail uses. Wholesale retail is differentiated from general retail by any of the following characteristics: 1. Items for sale include large, categorized products, e.g., lumber, appliances, household furnishings, electrical and heating fixtures and supplies, wholesale and retail nursery stock, etc.; and may also include a variety of carry-out goods (e.g., groceries, household, and personal care products); 2. A large inventory of goods and merchandise is stored on the subject site in high-ceiling warehouse areas, high-rack displays, and/or outdoor storage areas; and 3. High-volume truck traffic, regular pick-up and delivery of large items, and a designated contractor pick-up area. RETAINING WALL: A wall designed to resist lateral earth and/or fluid pressures, including any surcharge, in accordance with accepted engineering practice. For 30 ORDINANCE NO. 6100 the purposes of this Title, a "rockery" or "rock wall" is a type of retaining wall. Structural components of stormwater facilities shall not be interpreted to be a retaining wall. RETAINING WALL HEIGHT:The vertical distance measured from the bottom of the footing to the finish grade at the top of the wall (i.e., upper soil grade). RETAINING WALL HEIGHT, EXPOSED: The vertical distance measured from the finish grade at the bottom of the wall (i.e., lower soil grade) to the finish grade at the top of the wall (i.e., upper soil grade). This height does not include the depth of footing below grade. RIPARIAN AREA: The upland area immediately adjacent to and paralleling a body of water and is usually composed of trees, shrubs and other plants. Riparian functions include bank and channel stability, sustained water supply, flood storage, recruitment of woody debris, leaf litter, nutrients, sediment and pollutant filtering, shade, shelter, and other functions that are important to both fish and wildlife. ROADWAY: That portion of a street intended for the accommodation of vehicular traffic, generally within curb lines. ROCKERY: One or more courses of rocks stacked against an exposed soil face to protect the soil face from erosion and sloughing. The bottom course of rocks bears on the foundation soils and the upper rocks bear partially or entirely on the rocks below. A rockery is also known as a "rock wall." 31 ORDINANCE NO. 6100 ROOFS, PITCHED: A shed, gabled or hipped roof having a slope or pitch of at least one foot (1') rise for each four feet (4') of horizontal distance in the direction of the slope or pitch of the roof. ROUTINE VEGETATION MANAGEMENT: Tree and other vegetation management undertaken as part of a regularly scheduled program of maintenance and repair of property. SECTION IX. Section 4-11-190 of the Renton Municipal Code,as amended by Ordinance No. 6095 passed by City Council on November 28, 2022, is amended as shown below. SALES/MARKETING TRAILERS, ON-SITE: Trailers used for temporary on-site sales and marketing of developments and/or construction sites. SALMONID MIGRATION BARRIER: An in-stream blockage that consists of a natural drop (no human influence) with an uninterrupted slope greater than one hundred percent (100%) (forty five (45) degree angle) and a height in excess of eleven (11) vertical feet within anadromous salmon-bearing waters or a height in excess of three (3) vertical feet within resident trout-only bearing waters. Human- made barriers to salmonid migration (e.g., culverts,weirs,etc.) shall be considered barriers to salmonid migration by this definition, only if they were lawfully installed; permanent; present a complete barrier to salmonid passage based on hydraulic drop, water velocity, water depth, or any other feature which would prevent all salmonids from passing upstream; and in the opinion of the Community and Economic Development Administrator cannot be modified to provide salmonid passage without resulting in significant impacts to other 32 ORDINANCE NO. 6100 environmental resources, major transportation and utility systems, or to the public, and would have significant expense. For the purposes of this definition, "significant expense" means a cost equal to or greater than fifty percent (50%) of the combined value of the proposed site buildings, structures, and/or site improvements, and existing buildings, structures, and/or site improvements to be retained. SCHOOLS/STUDIOS, ARTS AND CRAFTS: Schools and studios for education in various arts and crafts including but not limited to photography, dance, music, and language skills. SCOUR: The erosive action of running water in streams, which excavates and carries away material from the bed and banks. Scour may occur in both earth and solid rock material. SECONDARY CONTAINMENT: See RMC 4-5-120G. SECURE COMMUNITY TRANSITION FACILITY (SCTF): A residential facility for persons civilly committed and conditionally released to a less restrictive alternative under chapter 71.09 RCW. A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services. Secure community transition facilities include but are not limited to the facilities established pursuant to RCW 71.09.250 and any community-based facilities established under chapter 71.09 RCW and operated by or under contract with the Washington State Department of Social and Health Services. (Ord. 4982, 9-23-2002) 33 ORDINANCE NO. 6100 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. SENSITIVE AREAS: See CRITICAL AREAS. SEPA: The State Environmental Policy Act of 1971 (chapter 43.21C RCW). SERVICEABLE: Presently usable. 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 house cleaner services. This definition excludes social service organizations and on-site services. SERVICES, ON-SITE: Establishments primarily engaged in providing individual or professional services within the place of business, such as beauty and barber shops, retail laundry and dry-cleaning including coin-operated, garment alterations and repair, photo studios, shoe repair, pet grooming, real estate offices, personal accountants, indoor rental services, and repair of personal or household items, except for vehicle repair. This definition excludes adult retail uses, social service organizations, and off-site services. SETBACK: The minimum required distance between the building footprint and the property line and any private access easement or tract. For lots containing private access easements, setbacks are the minimum required distance between the building footprint and the easement. A setback is measured perpendicularly from 34 ORDINANCE NO. 6100 a lot line or private easement access to the outer wall of the structure. In the case where a structure does not have an outer wall, such as a carport, the measurement shall be to the posts of such structure, unless otherwise determined by the Department of Community and Economic Development. SETBACK: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) A required land area specified in the Shoreline Master Program, measured horizontally upland from and perpendicular to the Vegetation Conservation Buffer within which no buildings or other permanent structures may be constructed and that serves to protect the vegetation conservation buffer during development activities, use, and routine maintenance of structures and improvements landward of the building setback. SETBACK LINE, LEGAL: The line established by ordinance beyond which no building may be built. SEWAGE: See RMC 4-6-100. SEWAGE DISPOSAL AND TREATMENT PLANTS: A facility designed for the collection, 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. SEWER, PUBLIC: See RMC 4-6-100. 35 ORDINANCE NO. 6100 SEWER, SANITARY: See RMC 4-6-100. SHARED PARKING: Use of a parking area for more than one use. SHOPPING CENTER: A group of buildings, structures and/or uncovered commercial areas, or a single building containing four (4) or more 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. 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. SHORELINE STABILIZATION: Structural and nonstructural methods to address erosion impacts to property and dwellings, businesses, or structures caused by natural processes, such as currents, floods, tides, wind, or wave action. SHORELINES: All of the water areas of the State regulated by the City of Renton, including reservoirs, and their associated shorelands, together with the lands underlying them, except: 1. Shorelines of statewide significance. 36 ORDINANCE NO. 6100 2. 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. 3. 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. SHORT PLAT:The map or representation of a short subdivision. See PLAT, SHORT. SHORT SUBDIVISION: See PLAT, SHORT. SIDE SEWER: See RMC 4-6-100. SIDE SEWER STUB: See RMC 4-6-100. SIDE YARD: See YARD REQUIREMENT. SIDEWALK: A concrete walkway separated from the roadway by a curb, planting strip or roadway shoulder. SIGHT TRIANGLE: See CLEAR VISION AREA. SIGN: Any medium, including merchandise, its structure and component parts, that is used or intended to be used to attract attention to the subject matter for advertising purposes. Signs do not include sculptures, wall paintings, murals, 37 ORDINANCE NO. 6100 collages, and other design features determined to be public art by the City. /f ' IIAARQIlff SIGN4 , FREESIANDNGORVIROOF '' MARQUEE POLE SIGN /� /I 1'ral , WALL SIGN1 Ecii4c'SaGN � _ ltit swiz II Clam i TEMPORARYSIGN / w >1 ______ BUILDING FACADE FREESTANDNG, OR(ROUND SIGN This figure illustrates the different sign types and is not indicative of permissible type or number of signs. 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. SIGN AREA: A measurement of the total area of a sign visible from any one viewpoint or direction, excluding the sign support structure, architectural embellishments, or, framework that contains no written copy, or does not form part of the sign proper or of the display. Freestanding letters or characters, where no background is specially provided, shall be measured by determining the . smallest rectangle or polygon that encloses the extreme limits of the shapes to be used. SIGN, COMBINATION: Any sign incorporating any combination of the features of pole, projecting and roof signs. 38 ORDINANCE NO. 6100 SIGN, ELECTRIC: Any sign containing or utilizing electrical wiring, but not including signs illuminated by an exterior light source. 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 illuminated segments. SIGN, FREESTANDING: A sign wholly supported by a sign structure in the ground. SIGN, GROUND: A type of freestanding sign, other than a freestanding pole sign, in which the sign is in contact with or close to the ground, has a solid base anchor, and is independent of any other structure. SIGN HEIGHT: Measured as the distance from grade, unless otherwise designated, to the top of the sign or sign structure. SIGN,ON-PREMISES: A sign which displays only advertising copy strictly incidental to the 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 not permanently affixed which is 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. 39 ORDINANCE NO. 6100 A. 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. SIGN, PRIMARY ENTRY: A type of freestanding sign, other than a pole sign, of ten feet (10') or less in height, in which the sign is in contact with the ground, has a solid base anchor, and is independent of any other structure and serves the function of directing customers to the main entrance of a multi-tenant building or multi-building complex. SIGN, PROJECTING: A sign other than a wall sign which projects from and is supported by a wall or a building or structure, and does not extend above any adjacent parapet or roof of the supporting building. SIGN, REAL ESTATE: A sign advertising and/or directing individuals to the sale, rent or lease of property. A. Commercial Real Estate Banner Sign: A sign of any shape made of lightweight fabric or similar material that is mounted to a building by any means, and indicating that the property is for sale, rent, or lease. National flags, state or municipal flags, holiday flags, or the official flag of any institution or business shall not be considered banners. B. Decorative Real Estate Flag: A portion of lightweight fabric or similar material, supported by a vertical or horizontal staff, intended to flutter in the wind, and is used to attract attention to any type of residential development for 40 ORDINANCE NO. 6100 sale, rent, or lease. National flags, state or municipal flags, holiday flags, or the official flag of any institution or business shall not be considered banners. C. Freestanding Real Estate Signs: Any type of nonilluminated freestanding sign, indicating that the property on which it is located, is for sale, rent, or lease. This sign type includes yardarm or ground signs. D. Open House Sign: A nonilluminated type of portable sign comprised of hinged panels configured in the shape of the alphabetic letter "A," no larger than thirty two inches wide by thirty six inches high (32" by 36") per each sign face. The sign text for an open house sign contains the phrase: "open" or "for sale" or "for rent" or "for lease." E. Real Estate Directional Sign: Any nonilluminated type of freestanding sign that provides direction to property(ies) for sale, rent, or lease. Within the City Center Sign Regulation Boundaries (as shown in RMC 4-4-100H3), real estate directional signs may also include portable signs comprised of hinged panels configured in the shape of the alphabetic letter "A." F. Real Estate Sign Kiosk: A City-approved monument style sign in the public right-of-way or on private property consolidating numerous real estate directional signs and designed to reduce sign clutter. G. Real Estate Sign Kiosk Directional Panel: A sign affixed within an approved real estate sign kiosk indicating direction to various real estate developments. SIGN, ROOF:A sign erected upon or above a roof or parapet of a building or structure. 41 ORDINANCE NO. 6100 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. 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 including 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 buildings, poles, and/or light standards. 42 ORDINANCE NO. 6100 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 43 ORDINANCE NO. 6100 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. 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. 44 ORDINANCE NO. 6100 SIGN, UNDER MARQUEE: A lighted or unlighted display attached to the underside of a marquee protruding over public or private sidewalks. Under marquee signs may also be called "under awning" or "under canopy" signs. SIGN, WALL: Any sign painted, attached or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of said wall. In order to be considered a wall sign, a sign may not extend above any adjacent parapet or the roof of the supporting building. SIGNIFICANT #2 RATING: A rating assigned to wetlands in King County that are greater than one acre in size; equal to or less than one acre in size and having a forested vegetation class; or the presence of heron rookeries or raptor nesting trees. SINGLE-WALLED: See RMC 4-5-120G. SITE: A single lot, or two (2) or more contiguous lots that, under common ownership or documented legal control, were developed or are part of a development proposal. 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 or parcels 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. SLOPE, STEEP: A hillside, or portion thereof, which falls into one of two (2) classes of slope, sensitive or protected. 45 ORDINANCE NO. 6100 A. Slope, Protected: A hillside, or portion thereof, with an average slope, as identified in the City of Renton Steep Slope Atlas or in a method approved by the City, of forty percent (40%) or greater grade and having a minimum vertical rise of fifteen feet (15'). B. Slope, Sensitive: A hillside, or portion thereof, characterized by: (1) an average slope, as identified in the City of Renton Steep Slope 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. SMOKING LOUNGE: A club or facility where smoking occurs, including but not limited to the smoking of any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment. SMP: City of Renton's Shoreline Master Program. SOCIAL SERVICE ORGANIZATIONS: Public or nonprofit agencies that provide counseling, therapy, job training, educational classes, food banks, clothing banks, or other social or human services to persons needing such services, but do not provide crisis intervention, day or night shelter, or case management. This does not include religious institutions, offices, government facilities, schools, hospitals, 46 ORDINANCE NO. 6100 clinics, day care, homeless services uses, medical institutions, diversion facilities, lodging in any form, or residential uses. SOIL ENGINEER: A licensed civil engineer experienced and knowledgeable in the practice of soil engineering. SOIL ENGINEERING: The application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth or other materials and the inspection and testing of the construction thereof. SOIL ENGINEERING REPORT: A report 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. SOLAR ACCESS: Sunlight exposure on land without impairment by other development. SOLAR ENERGY SYSTEM: A device or structural design feature, a substantial purpose of which is to provide for interior lighting or provide for the collection, storage, and distribution of solar energy for space heating or cooling, electricity generation, or water heating. SOLAR ENERGY SYSTEM, GROUND MOUNTED, SMALL-SCALE: A solar energy system that is structurally mounted to the ground and typically a size that would service a house, small business, or small municipal building. SOLID WASTE: Shall be defined pursuant to WAC 173-350-100. 47 ORDINANCE NO. 6100 SPECIFIED ANATOMICAL AREAS: 1. 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 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. SPECIFIED SEXUAL ACTIVITIES: 1. Human genitals in a state of sexual stimulation or arousal; 2. Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality; 3. 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 4. Excretory functions as part of or in connection with any of the activities set forth in this definition. SPORTS ARENAS, AUDITORIUMS, AND EXHIBITION HALLS, INDOOR: A large enclosed facility used for professional, semi-professional spectator sports, arena concerts, expositions, and other large-scale public gatherings. This definition includes stadiums, concert halls, auditoriums, exhibition halls, and accessory eating and drinking establishments. This definition excludes sports arenas or stadiums associated with schools, cultural facilities, movie theaters, and entertainment clubs. 48 ORDINANCE NO. 6100 SPORTS ARENAS, OUTDOOR: A large outdoor facility used for professional, semi- professional spectator sports, arena concerts, and other large-scale public gatherings. This definition includes but is not limited to stadiums, concert arenas, and accessory eating and drinking establishments. This definition excludes sports arenas or stadiums associated with schools, cultural facilities, movie theaters, and entertainment clubs. STABLES, COMMERCIAL: A land use on which large lot domestic animals are kept for sale or hire to the public. Breeding, boarding, or training of large lot domestic animals may also be conducted. STACKING SPACE: The space specifically designated as a waiting area for vehicles whose occupants will be patronizing a drive-through business. Such space is considered to be located directly alongside a drive-in window, facility or entrance used by patrons and in lanes leading up to the business establishment. 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 49 ORDINANCE NO. 6100 walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property as accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling,floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STORAGE, BULK: 1. The holding or stockpiling on land of 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: a. In a bulk form or in bulk containers; b. Under protective cover to the essential exclusion of other uses of the same space due to special fixtures or exposed to the elements; c. In sufficient numbers, quantities or spatial allocation of the site to determine and rank such uses as the principal use of the site; d. The major function is the collection and/or distribution of the material and/or products rather than processing; and e. The presence of fixed bulk containers or visible stockpiles for a substantial period of a year. 2. Bulk storage facilities include, but are not limited to: 50 ORDINANCE NO. 6100 a. Automobile holding and transfer depots; b. Brick or tile storage and manufacturing; c. Concrete block and products storage and manufacturing; d. Contractor equipment yards; e. 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; f. Foundries; g. Fuel yards, wholesale; h. Grain or feed sites, elevators, or the open storage of grain and feed; i. Log, random cut and chipped wood by-products storage; j. Lumber mills and wholesalers; k. Sand and gravel yards including sizing, transfer and loading equipment when present; I. Scrap or junk yards and wrecking yards; m. Solid waste holding and disposal areas; n. Tank farms including distribution and loading systems. 3. Bulk storage facilities exclude: a. Land banks, greenbelts, watersheds or public water reservoirs; 51 ORDINANCE NO. 6100 b. Parking lots or structures for private licensed automobiles; c. Ship yards; d. Warehouses alone or in conjunction with manufacturing on the site and when not including any of the uses listed above in subsection (2)(a)through (2)(n) of this definition; e. Facilities for storage of petroleum or any of its by-products, for use incidental to the primary use of the property(e.g., heating, boiler or vehicular fuel or lubricants); f. Retail service stations; g. Retail sales lots for new or used automobiles. STORAGE, HAZARDOUS MATERIAL, ON-SITE OR OFF-SITE, INCLUDING TREATMENT: A facility engaged in storage 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 The definition excludes bulk storage, hazardous material storage, self service storage, warehousing and distribution, and vehicle storage. STORAGE, OUTDOOR:The outdoor accumulation of material or equipment for the purpose of sale, rental, use on site, or shipping to other locations. This 52 ORDINANCE NO. 6100 definition excludes bulk storage, hazardous material storage, warehousing and distribution, vehicle storage, and outdoor retail sales. STORAGE, SELF-SERVICE: A building or group of buildings consisting of individual, self-contained units leased to individuals, organizations, or businesses for self- service storage of personal property. This definition excludes indoor storage, warehousing, outdoor storage, bulk storage, and hazardous material storage. STORAGE, VEHICLE: An indoor or outdoor area for parking or holding of motor vehicles and boats or wheeled equipment for more than seventy-two (72) hours. This definition excludes bulk storage, vehicle sales, vehicle rental, tow truck operation/auto impoundment yard, auto wrecking yard, outdoor storage, and indoor storage. STORM SEWER and STORM DRAIN: A sewer which carries storm surface water, subsurface water and drainage. See RMC 4-6-100. STORMWATER FACILITY: A constructed component of a stormwater drainage system, designed or constructed to perform a particular function, or multiple functions. Stormwater facilities include, but are not limited to, pipes, swales, ditches, culverts, street gutters, detention ponds, retention ponds, constructed wetlands, infiltration devices, catch basins, oil/water separators, and biofiltration swales. They may also include low impact development BMPs/facilities. Also referred to as "Drainage Facility." STORY: That portion of a building included between the upper surface of any floor and the upper surface of the floor above, except that the topmost story shall be 53 ORDINANCE NO. 6100 that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above, unless such area meets the definition of an attic. If the finished floor level directly above a usable or unused under-floor space is more than six feet (6') above grade for more than fifty percent (50%) of the total perimeter or is more than twelve feet (12') above grade at any point, such usable or unused under-floor space shall be considered as a story. I ASt=MEN 1 STORY �l _ STORY FLOOR STORY L VII VERTICAL DISTANCE FROM FLOOR VERTICAL VISTA KI FROM FLOOR LF�VFl TO ADJACENT GRAVE LESS I EVEI TO ADJACENT G1?A[ THAN 6 VCR 50%OF FERIMETfR GREATER THAN 6'FOR 50%OF OF 11-E STRUCTURE F RIMETFR OF T1 I-ST11X;TURT= STORY, FIRST: The lowest story in a building that qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet (4') below grade for more than fifty percent (50%) of the total perimeter, or not more than eight feet (8') below grade at any point. STREAM ALTERATION: The relocation or change in the flow of surface water runoff flowing in a natural or modified channel. 54 ORDINANCE NO. 6100 STREAM/LAKE CLASS:The stream and lake waters in the City are defined by class as indicated in RMC 4-3-050. STREET AMENITIES: See STREET FURNITURE. STREET, ARTERIAL: Street intended for higher traffic volume and speed and classified as a principal or minor arterial on the City of Renton Arterial Street Plan. STREET, COLLECTOR: 1. A street providing access with higher traffic volumes than a typical residential, commercial, or industrial access street. Collector streets are designated by the Public Works Department. 2. A street classified as a collector street on the City of Renton Arterial Street Plan. STREET, COMMERCIAL ACCESS: A non-arterial street providing access to commercial land uses. STREET FRONTAGE: The portion of a lot or structure abutting a public or private right-of-way. Structures adjacent yet not adjoining a right-of-way shall be considered abutting if located within twenty feet (20'). STREET FURNITURE: Objects, such as outdoor seating, kiosks, bus shelters, tree grates, trash receptacles, and fountains that have the potential for enlivening and giving variety to streets, sidewalks, plazas, and other outdoor spaces open to, and used by, the public. STREET GRID PATTERN, MODIFIED: A street system based upon a traditional grid pattern; however, offset intersections, loop roads, as well as angled or curved 55 ORDINANCE NO. 6100 road segments may also be utilized on a limited basis. The block pattern is characterized by regular (i.e., rectangular or trapezoidal) blocks. STREET GRID PATTERN, TRADITIONAL: A system of platting, or of street design, that features parallel and perpendicular streets and intersections of streets at right angles that form short blocks. STREET, INDUSTRIAL ACCESS: A non-arterial street providing access to industrial land uses. STREET, PEDESTRIAN-ORIENTED: An area with streets and sidewalks specifically designated as such and intended for use by people walking; with special design and spatial treatment of building frontages; built at human scale; with uses of interest to and functional for people on foot; and designed to hold interest for pedestrians by encouraging walking, browsing, and taking in the scene, as designated via Master Plans or similar documents approved by the City. STREET, RESIDENTIAL ACCESS: A non-arterial street providing access to residential land uses, and not designated as a collector street by the Public Works Department. STRUCTURE: That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. STRUCTURE: (This definition is for flood hazard regulations in RMC 4-3-050 use only.) A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. 56 ORDINANCE NO. 6100 STRUCTURE: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) A permanent or temporary edifice or building, or any piece of work artificially built or composed of parts joined together in some definite manner,whether installed on, above, or below the surface of the ground or water, except for vessels. SUBDIVISION:The division or redivision of land into lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership. See also PLAT and PLAT, SHORT. SUBDIVISION: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) A parcel of land divided into two (2) or more parcels. SUBDIVISION, PHASED: A subdivision which is, or is intended to be, recorded in increments over a period of time. SUBDIVISION, UNIT LOT: A division of land (parent site), for the purpose of sale, lease, or transfer of ownership, underlying existing or proposed attached townhouse dwelling units that creates a unit lot for each dwelling, for which one or more boundaries of the individual unit lots coincide with the walls of the townhouse structure which separate individual attached townhouse dwelling units. SUBJECT PROPERTY: The tract of land which is the subject of the permit and/or approval action. SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or 57 ORDINANCE NO. 6100 exceed fifty percent (50%) of the market value of the structure before the damage occurred. SUBSTANTIAL DEVELOPMENT: Any development of which the total cost or fair market value exceeds five thousand dollars($5,000.00)or any development which materially interferes with the normal public use of the water or shoreline of the State. Exemptions in RCW 90.58.030(3)(e) and in RMC 4-9-190C are not considered substantial developments. SUBSTANTIAL DEVELOPMENT PERMIT: The shoreline management substantial development permit provided for in Section 14 of the Shoreline Management Act of 1971 (RCW 90.58.140). SUBSTANTIAL EXISTING IMPROVEMENTS: Physical improvements, such as residential and/or commercial structures and their accessory structures,that have a reasonable remaining economic life as indicated by their assessed valuation. SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a structure to correct previously identified existing violations of state or local health, sanitary, or safety code specifications 58 ORDINANCE NO. 6100 that have been identified by the local code enforcement official and that are the minimum necessary to assure safe living conditions; or 2. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." SUBTENANT: A person in possession of rental unit through the tenant with the knowledge and consent, express or implied, of the owner. SURFACE WATER DESIGN MANUAL: A manual, as it exists or may be amended, adopted by reference by the City of Renton, which provides stormwater permit implementation and management guidance consistent with the current version of the King County Surface Water Design Manual. SURVEY STANDARDS: City of Renton Survey Standards as adopted by the Planning/Building/ Public Works Department. SECTION X. Section 4-11-230 of the Renton Municipal Code is amended as follows: 4-11-230 Definitions W: WALL PLATE: A horizontal member built into or laid along the top of a wall to support and distribute the pressure from joists, rafters, etc. WALL PLATE HEIGHT: The vertical distance from the grade plane of a site to the top of one or more wall plates of a building located thereon. WAREHOUSING: A use located wholly within a building engaged in the storage of goods and/or materials characterized by infrequent pick-up and delivery. The definition includes data centers, but excludes bulk storage, hazardous material 59 ORDINANCE NO. 6100 storage, self-service storage, warehousing and distribution, fulfillment centers, wholesale retail, and vehicle storage. WAREHOUSING AND DISTRIBUTION: A use engaged in storage and distribution of manufactured products, supplies, and equipment. This use excludes hazardous material storage, indoor storage, outdoor storage, self-service storage, and vehicle storage, and warehousing, storage, or distribution for commercial laundry operations within the Downtown Business District City of Renton Urban Center. WASTE RECYCLING AND TRANSFER FACILITIES: Facilities for the collection of solid waste for either recycling or transfer to a landfill or disposal facility.This definition includes but is not limited to concrete and construction material recycling operations. WATER AUTHORITY: The City of Renton Water Utility, or any other municipal or quasi-municipal entity distributing water to fire hydrants within the City of Renton. WATERCOURSE: See RMC 4-6-100. WATER-DEPENDENT USE: Referring to uses or portions of a use which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. Examples of water-dependent uses may include ship cargo terminal loading areas, ferry and passenger terminals, barge loading facilities, ship building and dry docking, marinas, aquaculture, float plane facilities and sewer outfalls. 60 ORDINANCE NO. 6100 WATER-ENJOYMENT USE: Referring to a recreational use, or other use facilitating public access to the shoreline as a primary characteristic of the use; or a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and which through the location, design and operation assures the public's ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a water- enjoyment use, the use must be open to the general public and the shoreline- oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment. Primary water-enjoyment uses may include, but are not limited to, parks, piers and other improvements facilitating public access to the shorelines of the State; and general water-enjoyment uses may include, but are not limited to, restaurants, museums, aquariums, scientific/ecological reserves, resorts/hotels, riverwalk developments, and multiple use commercial/office/residential developments; provided, that such uses conform to the above water-enjoyment specifications and the provisions of the Shoreline Master Program. WATER-ORIENTED USE: "Water-oriented" refers to a use that is water- dependent, water-related, water-enjoyment, or a combination of such uses. WATER-RELATED USE: Referring to a use or portion of a use which is not intrinsically dependent on a waterfront location, but whose economic viability is dependent upon a waterfront location because: 61 ORDINANCE NO. 6100 1. Of a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water; or 2. The use provides a necessary service supportive of the water-dependent commercial activities and the proximity of the use to its customers makes its services less expensive and/or more convenient. Examples include manufacturers of ship parts large enough that transportation becomes a significant factor in the products cost, professional services serving primarily water-dependent activities and storage of water-transported foods. 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. WELL: A pit or hole dug into the earth to reach an aquifer. WELL FIELD: An area which contains one or more wells for obtaining a potable water supply. WELLHEAD PROTECTION AREA: See AQUIFER PROTECTION AREA. WETLAND BUFFERS or WETLAND BUFFER ZONES: Areas that surround and protect a wetland from adverse impacts to its functions and values. Buffers are designated areas abutting a regulated wetland which protect the wetland from changes in the location of the wetland edge. Wetland buffers minimize the short and long term impacts of development on properties abutting wetlands, preserve important wildlife habitat, allow for infiltration and water quality improvement, 62 ORDINANCE NO. 6100 protect buildings, roads and other infrastructure as well as property owners from flood damage in years of high precipitation. WETLAND CATEGORY: A classification system used for the purpose of regulating wetlands in the City. The criteria for determining a wetland's category are listed in RMC 4-3-050M. WETLAND CREATION (OR ESTABLISHMENT): The manipulation of the physical, chemical, or biological characteristics present to develop a wetland that did not previously exist on an upland or deepwater site. Establishment results in a gain in wetland acres. WETLAND, DISTURBED: Wetlands meeting the following criteria: 1. Are characterized by hydrologic isolation, hydrologic alterations such as diking, channelization, and/or outlet modification; and 2. Have severe soils alterations such as the presence of large amounts of fill, soil removal and/or compaction of soils. WETLAND EDGE: The boundary of a wetland as delineated using the Corps of Engineers Wetlands Delineation Manual. 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:The manipulation of the physical, chemical, or biological characteristics of a wetland (undisturbed or degraded) site to heighten, intensify, or improve specific function(s) or for a purpose such as water quality 63 ORDINANCE NO. 6100 improvement, flood water retention or wildlife habitat. Enhancement results in a change in wetland function(s) and can lead to a decline in other wetland function, but does not result in a gain in wetland acres. This term includes activities commonly associated with the terms "enhancement," "management," "manipulation," and "directed alteration." 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. WETLAND, ISOLATED: Those regulated wetlands which: 1. Are outside of and not contiguous to any one hundred (100) year floodplain of a lake, river, or stream; and 2. Have no contiguous hydric soil or hydrophytic vegetation between the wetland and any surface water. WETLAND, OFF-SITE COMPENSATION: To replace wetlands away from the site on which a wetland has been impacted by a regulated activity. WETLAND, ON-SITE COMPENSATION: To replace wetlands at or adjacent to the site on which a wetland has been impacted by a regulated activity. WETLAND PROTECTION/MAINTENANCE: The removal of a threat to, or preventing decline of, wetland conditions by an action in or near a wetland. 64 ORDINANCE NO. 6100 Includes purchase of land or easements, repairing water control structures or fences, or structural protection such as repairing a barrier island. This term also includes activities commonly associated with the term "preservation." Protection/maintenance does not result in a gain of wetland acres or function. WETLAND, REGULATED: See RMC 4-3-050. WETLAND RESTORATION: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to former or degraded wetland. For the purpose of tracking net gains in wetland acres, restoration is divided into: Re-establishment: the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former wetland. Re-establishment results in rebuilding a former wetland and results in a gain in wetland acres. Rehabilitation: the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural/historic functions of degraded wetland. Rehabilitation results in a gain in wetland function, but does not result in a gain in wetland acres. 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. WETLANDS: Areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under 65 ORDINANCE NO. 6100 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. WETLANDS, NEWLY EMERGING: 1. Wetlands occurring on top of fill materials; and 2. Characterized by emergent vegetation, low plant species richness, and used minimally by wildlife. These wetlands are generally found in the Black River Drainage Basin. WHOLESALE RETAIL: See "Retail, Wholesale." WILDLIFE HABITAT: An area characterized by wildlife that forage, nest, spawn, or migrate through in search of food or shelter. WIRELESS COMMUNICATION FACILITIES—TERMS RELATED TO: A. Antenna: Any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio frequency signals. B. Antenna, Amateur Radio (also called ham radio): A device that picks up or sends out radio frequency energy used for purposes of private recreation, 66 ORDINANCE NO. 6100 noncommercial exchange of messages, wireless experimentation, self-training, and emergency communication. The term "amateur" is used to specify persons interested in radio technique solely with a personal aim and without pecuniary interest, and to differentiate it from commercial broadcasting, public safety (such as police and fire), or professional two (2) way radio services (such as maritime, aviation, taxis, etc.). C. Antenna Array: A group of antennas connected and arranged in a regular structure to form a single antenna that is able to produce radiation patterns not produced by individual antennas. D. Antenna, Panel: Transmits and receives radio frequency signals in a specific directional pattern of less than three hundred sixty degrees (360°). E. Antenna, Vertical Monopole Amateur Radio: A type of amateur radio device consisting of a single vertical element constructed of wire, aluminum, or fiberglass without any attached horizontal antennas. This definition does include associated guy wires attached not more than halfway up the monopole for anchoring purposes. This definition does not include amateur radio antennas with any more than a single vertical element (e.g., tower or lattice-type amateur radio antennas). F. Base Station: A structure or equipment at a fixed location that enables FCC- licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined 67 ORDINANCE NO. 6100 herein nor any equipment associated with a tower. Base station includes, without limitation: 1. Equipment associated with wireless communications services as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. 2. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems ("DAS") and small cell networks). 3. Any structure other than a tower that, at the time the relevant application is filed (with jurisdiction) under this Section, supports or houses equipment described in subsections F1 and 2 of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support. The term does not include any structure that, at the time the relevant application is filed with the City under this Section, does not support or house equipment described in subsections F1 and 2 of this definition. G. Collocation: The mounting of antennas and related equipment on an existing support structure by more than one wireless communications provider. H. Compound: The leased or owned property upon which all elements of a WCF reside, which is demarcated with security fencing., 68 ORDINANCE NO. 6100 I. Eligible Facilities Request: Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: 1. Collocation of new transmission equipment; 2. Removal of transmission equipment; or 3. Replacement of transmission equipment. J. Eligible Support Structure: Any tower or base station as defined in this Section; provided, that it is existing at the time the relevant application is filed with the City. K. Equipment Cabinet: A mounted case with a hinged door used to house equipment for utility or service providers. L. Equipment Shelter: A room or building used to house equipment for utility or service providers (also known as a base station). M. Equipment Structure: A facility, shelter, cabinet or vault used to house and protect electronic or other associated equipment necessary for processing wireless communications signals. "Associated equipment" may include, for example, air conditioning, backup power supplies and emergency generators. N. 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. 69 ORDINANCE NO. 6100 O. FCC: The Federal Communication Commission, which regulates the licensing and practice of wireless, wireline, television, radio and other telecommunications entities. P. Microcells: A wireless communication facility consisting of an antenna that is either: 1. Four feet (4') in height and with an area of not more than five hundred eighty (580) square inches; or 2. If a tubular antenna, no more than four inches (4") in diameter and no more than six feet (6') in length. Q. Pole Extender: A pole extender is a device that extends a utility pole or similar structure, the material of such structure being wood, composite, or otherwise,to the maximum height as permitted under this Title,without requiring the entire structure to be replaced, such that a small cell wireless facility may be located at the top of said structure and meet any required clearances as dictated by the structure owner. R. Radome: A plastic housing sheltering the antenna assembly. S. Related Equipment: All equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include, but is not limited to, cable, conduit and connectors. T. Satellite Dish: A microwave dish typically used for receiving television transmissions from at least one orbiting satellite. 70 ORDINANCE NO. 6100 U. Service Provider: Is defined in accordance with RCW 35.99.010(6). Service provider shall include those infrastructure companies that provide telecommunications services or equipment to enable the deployment of personal wireless services. V. Small Cell Facility: A personal wireless services facility that meets both of the following qualifications: 1. Each antenna is located inside an antenna enclosure of no more than three (3) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three (3) cubic feet; and 2. Primary equipment enclosures are no larger than seventeen (17) cubic feet in volume. The following associated equipment may be located outside the primary equipment enclosure and, if so located, are not included in the calculation of equipment volume: electric meter, concealment, telecom demarcation box, ground-based enclosures, battery backup power systems, grounding equipment, power transfer switch, and cutoff switch. W. Small Cell Network: A collection of interrelated small cell facilities designed to deliver personal wireless services. X. Support Structure: A structure used to support wireless communication antennas and related equipment, either as its primary use or as an accessory use. Support structures include, but are not limited to,towers, existing buildings,water tanks, signs, and light fixtures. 71 ORDINANCE NO. 6100 Y. Tower: Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixes wireless services such as microwave backhaul and the associated site. Types of towers include, but are not limited to: 1. Guyed Tower: A freestanding or supported wireless communication support structure that is usually over one hundred feet (100') tall, which consists of metal crossed strips or bars and is steadied by wire guys in a radial pattern around the tower. 2. Lattice Tower: A self-supporting wireless communication support structure that consists of metal crossed strips or bars to support antennas and related equipment. 3. Monopole I: A freestanding support structure less than sixty feet (60') in height, erected to support wireless communication antennas and connecting appurtenances. 4. Monopole II: A freestanding support structure sixty feet (60') or greater in height, erected to support wireless communication antennas and connecting appurtenances. 5. Stealth Tower: A freestanding support structure that is disguised as a natural or built object typically appearing in the natural or urban landscape and is primarily erected to accommodate wireless communication facilities. Examples 72 ORDINANCE NO. 6100 include, but are not limited to, manmade trees, freestanding signs, flagpoles, light fixtures and clock towers. Z. WCF: See Wireless Communication Facility (WCF). AA. Wireless Communication Facility (WCF): An unstaffed facility for the transmission and reception of low-power radio signals usually consisting of an equipment shelter or cabinet(s), a support structure, antennas and related 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. BB. Wireless Communication Facility, Camouflaged: A wireless communication facility that is typically affixed to the facade of an existing structure that was not originally constructed to be a WCF support structure (e.g., an existing building), in a manner that integrates and disguises the WCF with the building by matching architectural elements, colors, materials, etc. CC. Wireless Communication Facility, Concealed: A wireless communication facility that is incorporated into an existing structure, that was not originally constructed to be a WCF support structure (e.g., an existing building), in a manner that completely hides the WCF within the existing structure or within an addition to the existing structure that is architecturally compatible. DD. Wireless Communication Facility, Temporary: A self-contained, portable telecommunications facility that can moved to a location and set up to provide wireless services on a temporary or emergency basis. Temporary wireless 73 ORDINANCE NO. 6100 communication facilities are not deployed in a permanent manner, do not have a permanent foundation, may be vehicle mounted, and generally contain a telescoping boom as the antenna support structure. An example of a temporary wireless communication facility is a "cell-on-wheels" or COW. 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, including the repair of wrecked vehicles, consistent with chapter 46.80 RCW. SECTION XI. Upon approval of the City Attorney, the City Clerk is authorized to direct the codifier to make necessary corrections to this ordinance, including the corrections of scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering and references.The City Clerk is further authorized to direct the codifier to update any chapter, section, or subsection titles in the Renton Municipal Code affected by this ordinance. SECTION XII. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. SECTION XIII. This ordinance shall be in full force and effect December 20, 2022. No later than five (5) days prior to such effective date, a summary consisting of this ordinance's title shall be published in the City's official newspaper. 74 ORDINANCE NO. 6100 PASSED BY THE CITY COUNCIL this 5th day of December, 2022. Jason . et , Cit lerk APPROVED BY THE MAYOR this 5th day of December, 2022. 4► • ;o Pavone, Mayor Approved as to form: 1,1 �aa�uurrrrr� rp %, 's Shane Moloney, City Attorney * SEAL Date of Publication: 12/8/2022 (Summary) ';,��, . '' �� �RATEO`SEQ�6,�$ O R D-CE D: 2247: 11.15.22 ''� �� 75 ATTACHMENT A RMC 4-2-060 Zoning Use Table— Uses Allowed in Zoning Designations RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS USES: RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF IL IM IH CN CV CA CD CO COR UC-1 UC-2 L. VEHICLE RELATED ACTIVITIES Car washes P P P AD2 P2 Express transportation AD P AD20 .c,-crviccs Fuel dealers H59 P Industrial engine or P28 P28 P28 transmission rebuild Parking garage, P P P P P20 P3 P P P92 P92 structured, commercial or public Parking, surface, P29 P29 P29 P20 P3 AD commercial or public, existing Parking, surface, P29 P29 P29 P20 AD commercial or public, new Park and ride, dedicated P107 P107 P107 P107 P107 P107 P107 P107 P107 Park and ride, shared- PP P P P P PP P P P107 P109 P107 P P107 P107 use 76 ORDINANCE NO. 6100 RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS USES: RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF IL IM IH CN CV CA CD CO COR UC-1 UC-2 Railroad yards Taxi stand P AD AD Tow truck P36 H59 P AD36 operation/auto impoundment yard Transit centers H29 H29 H29 P H2O P H29 P P Truck terminals P Vehicle fueling stations P P P P P P29 Vehicle fueling stations, P P P AD P P P29 existing legal Vehicle service and AD2 P P repair, large Vehicle service and P2 P2 P2 AD2 AD2 AD2 repair, small Wrecking yard, auto H59 H Air Transportation Uses Airplane manufacturing H59 P78 P78 Airplane manufacturing, AC P78 P78 accessory functions Airplane sales and repair P 77 ORDINANCE NO. 6100 RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS USES: - RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF IL IM IH CN CV CA CD CO COR UC-1 UC-2 Airport, municipal P Airport-related or AC aviation-related uses Helipads P111 H29 H29 H29 H H H78 H78 Helipads, commercial H H78 H78 M. STORAGE Bulk storage P29 P29 P29 Hazardous material H24 H24 H24 storage, on site or off site, including treatment Indoor storage R R R AC11 AC11 AC11 AC11 AC11 AC11 Fulfillment center AD11 AD11 Outdoor storage, existing P29 P29 P29 P64 Outdoor storage, new P29 P29 P29 P64 Self-service storage AD29 P59 P H17 Vehicle storage AD29 AD29 AD29 Warehousing AD11 AD11 AD11 Warehousing and R AD1142 AD1142 distribution 78 ATTACHMENT B 4-2-130A DEVELOPMENT STANDARDS FOR INDUSTRIAL ZONING DESIGNATIONS IL IM IH LOT DIMENSIONS Minimum Lot Size for lots created after 35,000 sq. ft. September 1, 1985 Minimum Lot Width/Depth for lots None created after September 1, 1985 LOT COVERAGE 65% of total lot area or 75% Maximum Lot if parking is provided within Coverage for None the building or within a Buildings parking garage HEIGHT 50 ft., except 100 ft. if lot is located in the Employment 50 ft. Heights may exceed the Zone's Area (EA). Heights may Height', except for maximum height with a Conditional Use exceed the Zone's Public Facilities5.13 Permit.-4ee Conditional Use Permit. Maximum Building 50 ft.; Heights, except for s,i3 Heights may exceed maximum with a Conditional Use Permit. Public Facilities . Maximum Height for Wireless See RMC 4-4-140. Communication Facilities' 79 ORDINANCE NO. 6100 DEVELOPMENT STANDARDS FOR INDUSTRIAL ZONING DESIGNATIONS IL IM IH SETBACKS8'11 Principal Arterial Principal Arterial Principal Arterial streets:12 20 ft. streets:12 20 ft. streets:12 20 ft. Other streets: 15 ft.; Other streets: 15 ft. Other streets: 15 provided, that 20 ft. is Except 50 ft. is ft. Minimum Front Yard required if a lot is adjacent required if a lot is to or abutting a lot zoned adjacent to or residential. abutting a lot zoned residential. Principal Arterial streets:12 20 ft. Principal Arterial Minimum Secondary Other streets: 15 ft. Except 50 ft. is required if a lot streets:12 20 ft. Front Yard is adjacent to or abutting a lot zoned residential. Other streets: 15 ft. Minimum Freeway 10 ft. landscaped setback from the property line. Frontage Setback None, except 20 ft. if lot is None, except 50 ft. if None, except 50 ft. adjacent to or abutting a lot lot is adjacent to or if lot abuts a lot zoned residential; which abutting a lot zoned zoned residential. Minimum Rear and may be reduced to 15 ft. residential. 20 ft. if lot abuts a Side Yards" through the Site Plan lot zoned CN, CV, development review CA, CD, CO, COR, or process. lot with Public Facilities. In no case shall a structure over 42 in. in height intrude into the 20 ft. Clear Vision Area clear vision area defined in RMC 4-11-030. LANDSCAPING General See RMC 4-4-070 80 ORDINANCE NO. 6100 SCREENING Minimum Required for Outdoor Loading, Repair, Maintenance or Work See RMC 4-4-095 Areas; Outdoor Storage, Refuse or Dumpster Areas 6 to 10 ft. high solid Special Screening Requirements for Tow Truck Operations and NA wall or sight Impoundment Yards obscuring fence required. LOADING DOCKS Not permitted on the side of the lot that is adjacent to or Location NA abutting a lot zoned residential.2 DUMPSTER/RECYCLING COLLECTION STATION OR CENTER Location of Refuse or Recycling Areas See RMC 4-4-090 PARKING General See RMC 4-4-080 and 10-10-13 SIGNS General See RMC 4-4-100 CRITICAL AREAS General See RMC 4-3-050 and 4-3-090 81