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Department of Community and Economic Development
Planning Division
ADMINISTRATIVE CODE INTERPRETATION
ADMINISTRATIVE CODE INTERPRETATION #:
CI – 184
MUNICIPAL CODE SECTIONS:
RMC 4-10-050, Nonconforming Structures
REFERENCE:
N/A
SUBJECT:
Limits on Alterations of Single Family Dwellings
BACKGROUND:
Clarification is needed with regard to limits on alterations of nonconforming
(NC) structures, specifically “replacement” of single family dwellings. RMC 4-
10-050A.3 states that “Nonconforming single family dwellings may be
replaced, enlarged, altered, remodeled, or renovated, without limitation of
cost, pursuant to current code requirements (e.g., height limits, lot coverage,
density limits, setbacks, etc.).” However, this code excerpt includes a direct
conflict as non-conforming single family dwellings do not comply with current
code and, therefore, cannot be replaced pursuant to current code.
Furthermore, this specific code subsection, RMC 4-10-050A.3, pertains to
alterations, rather than replacement, of structures. Instead, allowances for
the replacement of structures is provided in RMC 4-10-050A.5 Limits on
Restoration.
DECISION: RMC 4-10-050, Nonconforming Structures, shall be amended to eliminate the conflict regarding replacement of nonconforming single family dwellings, as specified below. JUSTIFICATION: In order to eliminate the code conflict described above, staff proposes to eliminate replacement as an allowed alteration option for nonconforming single family dwellings. This decision is justified based on three considerations:
1. The code section RMC 4-10-050, Nonconforming Structures, is intended
to allow any legally established nonconforming structure to remain,
although such structure does not conform to the provisions of this Title;
however, this section is not intended allow total replacement of any
structure without compliance with current code, unless the
replacement is for a dwelling deemed unsafe by the Building Official,
damaged by fire, explosion, or act of God, and compliant with RMC 4-
10-050A.5, Limits on Restoration.
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2. If an applicant is replacing the entire nonconforming structure,
compliance with current code is reasonable.
3. As stated above, subsection RMC 4-10-050A.3, Limits on Alterations,
pertains to alterations, rather than replacement, of structures.
ADMINISTRATOR APPROVAL:
_____________________________________ Vanessa Dolbee, Interim CED Administrator
EFFECTIVE DATE:
BINDING: Under principles of judicial finality, administrative code interpretations that are not timely appealed are binding. This binding decision is a formally adopted interpretation of existing Renton Municipal Code. APPEAL PROCESS:
To appeal this determination, a written appeal accompanied by the required
filing fee must be filed with the City’s Hearing Examiner (1055 South Grady
Way, Renton, WA 98057, 425-430-6551) no more than 14 days from the date
of this decision. Section 4-8-110 of the Renton Municipal Code provides
further information on the appeal process.
SPECIFIED CODE
SECTIONS SHALL BE
READ AS FOLLOWS:
4-10-050 NONCONFORMING STRUCTURES:
A. NONCONFORMING STRUCTURES – GENERAL:
Any legally established nonconforming structure may remain, although such
structure does not conform to the provisions of this Title; provided, that:
1. Not Vacant or Left Abandoned: The nonconforming structure has not
been vacant for more than one year, or has not been abandoned; and
2. Unsafe Structures: The structure is kept in a safe and secure condition.
DISCLAIMER: Excerpts from the Renton Municipal Code shown below may not contain the most
recently codified text. In such instances, code amendments implemented through this Administrative
Code Interpretation shall be construed to affect the current code and past/future Administrative Code
Interpretations not yet codified in the same manner as shown below. Should any conflicts result, the
Administrator shall determine the effective code.
CI-184 Page 3 of 3
3. Limits on Alterations: The cost of alterations, remodels, or renovations of
a legal nonconforming structure, except single family dwellings, shall not
exceed an aggregate cost of forty percent (40%) in twelve (12) months or
sixty percent (60%) in forty-eight (48) months of the value of the structure,
based upon its most recent assessment or appraisal, unless the changes
make the structure more conforming, or are used to restore to a safe
condition any portion of a structure declared unsafe by the Building Official.
Mandatory improvements for fire, life safety or accessibility, as well as
replacement of mechanical equipment, do not count towards the cited
monetary thresholds. Alterations, remodels, or restoration work shall not
result in or increase any nonconforming condition unless permitted by
subsection A4 of this Section, Limits on Enlargement. Nonconforming single
family dwellings may be replaced, enlarged, altered, remodeled, or
renovated, without limitation of cost, pursuant to current code
requirements (e.g., height limits, lot coverage, density limits, setbacks, etc.),
unless such actions would increase one or more nonconformity.
STAFF CONTACT: Angelea Weihs