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HomeMy WebLinkAboutORD 5647CITY OF RENTON, WASHINGTON ORDINANCE NO. 5647 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS 4-2-050, 4-2-060 AND 4-2-080 OF CHAPTER 2, ZONING DISTRICTS - USES AND STANDARDS, SECTION 4-8-070 OF CHAPTER 8, PERMITS - GENERAL AND APPEALS, SECTION 4-9-120 OF CHAPTER 9, PERMITS - SPECIFIC, AND SECTIONS 4-10-050 AND 4-10-060 OF CHAPTER 10, LEGAL NONCONFORMING STRUCTURES, USES AND LOTS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", BY REMOVING REBUILD APPROVAL PERMITS AND AMENDING PROVISIONS APPLICABLE TO LEGAL NONCONFORMING STRUCTURES AND USES. WHEREAS, current regulations require a Rebuild Approval Permit to rebuild, reconstruct, or reestablish a legal nonconforming structure and/or use, when destroyed by an Act of God and when such reconstruction exceeds 50% of the most recent assessed or appraised value; and WHEREAS, the City seeks to remove the requirement for a Rebuild Approval Permit and set prescriptive provisions as to when a legal nonconforming structure and/or use can be rebuilt, reconstructed, or reestablished when destroyed by an Act of God; and WHEREAS, the City seeks to consolidate and streamline the legal nonconforming provisions in Title IV to improve usability and clarity; and WHEREAS, due to the need for continuity in the code, one code change from D-70 is included in this ordinance; and WHEREAS, this matter was referred to the Planning Commission for investigation, study, and the matter having been considered by the Planning Commission, and the zoning text amendment request being in conformity with the City's Comprehensive Plan, as amended; and 1 ORDINANCE NO. 5647 WHEREAS, the Planning Commission held a public hearing on November 16, 2011, having considered all matters relevant thereto, and all parties having been heard appearing in support or opposition; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 4-2-050C.8, Existing Legal Uses, of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 8. Existing Legal Nonconforming Uses: Where the term "existing" ef "existing logal" follows a listed use type within the table(s) (e.g., horticulture nurseries, flats or townhousos, existing legal), then those usos that who can document that their nonconforming uses were legal status at the time the nonconforming uses were established, arc considered to bo a will be permitted to continue those nonconforming uses use and given all the rights of other permitted uses within the district. In addition, these uses may be rebuilt "as is, where is" should they suffer damage. These uses may be remodeled without limitation on value and may be enlarged subject to current code requirements (e.g., height limits, lot coverage, density limits, setbacks, parking, etc.), unless otherwise specifically conditioned in RMC 4-2-080. 2 ORDINANCE NO. 5647 SECTION II. Subsection 4-2-060C, Residential, of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: ZONING USE TABLE RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS USES: RC R-1 R-4 R-8 RMH R- 10 R- 14 RM IL IM IH CN CV CA CD CO COR UC- Nl UC- N2 C. RESIDENTIAL Detached dwelling P P P P P P P4£ Attached dwellings P49 P49-P49 P73 P73 P P18 P73 P18 P16 P P74 P87 Manufactured Homes Manufactured homes P49- Manufactured homes, designated P 19- P IB P43 Mobile homes P49 SECTION III. Subsection 4-2-080A, Subject to the Following Conditions, of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 3 ORDINANCE NO. 5647 19. No now development of this use is allowed. However, existing uses nf thin typo are permittod as an existing logal uso per RMC 4 2 050C8 Reserved. SECTION IV. Subsections 4-8-070H.l.d and 4-8-070H.l.e of subsection 4-8-070H.1, Authority, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", are hereby amended as follows: d. Pormit to rebuild for nonconforming uses. Conditional use permit, e. Conditional uso pormit. Dedications of property for public purposes, SECTION V. The subsection entitled "Type III4" of subsection 4-8-070G, Land Use Permit Procedures, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended so the row entitled "Permit to Rebuild (nonconforming use)" is deleted. SECTION VI. Section 4-9-120, Nonconforming Uses/Structures Rebuild Approval Permits, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended so subsections 4-9-120A and 4-9-120B are revised as shown below, and subsections 4-9-120C through 4-9-120K are deleted. A. PURPOSE OF PERMIT: The purpose of a rebuild approval permit is was to allow nonconforming uses and/or structures that became nonconforming as a consequence of Code amendments in June 1993 and thereafter, to be re-established and/or rebuilt in 4 ORDINANCE NO. 5647 certain zoning districts where they would normally be prohibited because the costs associated with re-establishing the use and/or structure exceed fifty percent (50%) of their most recently assessed or appraised value prior to the loss or damage. B. APPLICABILITY NO LONGER APPLICABLE: This rebuild approval permit shall no longer be issued by the City. The reference hereto is only for historical purposes. Any active Rebuild Approval Permit shall remain valid until the expiration date noted on the permit. Upon expiration, the permit shall not be extended and/or reissued. Tho owner of any existing building or structure that was legally ostablishod and has boon continuously occupied, or a use that has boon continuously in existence on tho site but is now nonconforming because of a change in City codes in Juno 1993 or thoroaftor, may apply for a rebuild approval permit. Uses or structures that cannot substantiate that thoy were logal at the time thoy wore established shall not bo eligible for this permit. SECTION VII. Section 4-10-050, Nonconforming Structures, of Chapter 10, Legal Nonconforming Structures, Uses and Lots, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 4-10-050 NONCONFORMING STRUCTURES: A. NONCONFORMING STRUCTURES - GENERAL: 5 ORDINANCE NO. 5647 Any legally established building or nonconforming structure may remain, although such structure does not conform with the provisions of the Renton Municipal Code, provided tho following conditions aro mot that: 1. Not Vacant or Left Abandoned: The nonconforming buildings or structures that do not havo has historic significance, and/or have has not been vacant for two (2) or more years, or have has not been abandoned. 2. Unsafe Structures: The structure is kept in a safe and secure condition. 3. Limits on Alterations: A logal nonconforming structure shall not bo altered boyond tho limitations spocifiod bolow: The cost of the alterations of a legal nonconforming structure shall not exceed an aggregate cost of fifty percent (50%) of the value of the building or structure, based upon its most recent assessment or appraisal, unless the alterations make the structure more conforming, or is used to restore to a safe condition any portion of a structure declared unsafe by a proper authority. Alterations shall not result in or increase any nonconforming condition. a. Structures with—Robuild—Approval—Permits:—Alteration—work exceeding an aggrogato cost of ono hundrod porcont (100%) of tho valuo of the building or structure shall bo allowed if: (1) tho building or structure is mado conforming by tho alterations; or (2) the alterations wore imposed as a condition of granting a rebuild approval pormit; or (3) alterations aro necessary to restore to a safe condition any portion of a building or structure declared unsafe by a proper authority. Alterations shall not result in or increase any nonconforming 6 ORDINANCE NO. 5647 conditions unless thoy wore specifically imposed as a condition of granting a rebuild approval permit, pursuant to RMC 4 9 120. b. Othor Logal Nonconforming Structures: Tho cost of tho alterations shall not oxcoed an aggregate cost of fifty porcont (50%) of the valuo of tho building or structure, based upon its most rocont assessment or appraisal, unless tho amount ovor fifty porcont (50%) is used to make tho building or structure more conforming, or is used to restore to a safe condition any portion of a building or structure dociarod unsafe by a proper authority. Alterations shall not result in or increase any nonconforming condition. 4. Limits on Enlargement: a. The structure shall not be enlarged unless the enlargement is conforming, or it is consistent with tho provisions of a rebuild approval pormit issued for it except as identified in subsection b, below. b. Nonconforming enlargements may only be allowed at the discretion of the Administrator of the Department of Community and Economic Development or designee if the enlargement is shown to be moving towards conformity and is either: i. Sited carefully to achieve compatible transition between surrounding buildings, parking areas and other land uses; or ii. Does not significantly cause any adverse or undesirable effects on the site or neighboring properties. 7 ORDINANCE NO. 5647 c. Wireless Towors and Antennas: Towers that arc constructed, and antennas that aro installed, in accordance with tho provisions of this Title shall not bo doomod to constitute the expansion of a nonconforming uso or structure. 5. Limits on Restoration: Nothing in this Chapter shall prevent the reconstruction, repairing, rebuilding and continued use of any nonconforming building or structure to its same size, location, and height when damaged by fire, explosion, or Aact of God, subsequent to the date of these regulations and subject to the following conditions: a. Logal Nonconforming Structures with Robuild Approval Permits: Restoration or reconstruction work exceeding ono hundrod porcont (100%) of tho latest appraised valuo of tho building or structure closest to tho time such damage occurred shall bo allowed if it is: (1) a condition of granting tho rebuild approval permit pursuant to RMC 4 9 120; and/or (2) necessary to allow the structure to bo rebuilt to its condition prior to tho damage considoring construction costs; and/or (3) required to strengthen or restore to a safe condition any portion of a building or structure declared unsafe by a proper authority; and/or (4) necessary to conform to tho regulations and uses spocifiod in this Title. Single Family Dwellings: Any legally established single family dwelling damaged by fire or an Act of God may be rebuilt to its same size, location, and height on the same site, subiect to all relevant fire and life safety codes. Restoration improvements shall commence within one (1) year of the damage, and shall continue in conformance with approved building or 8 ORDINANCE NO. 5647 construction permits, otherwise the structure shall lose its restoration authorization and status. b. Other Legal Nonconforming Structures: The work shall not exceed fifty percent (50%) of the latest assessed or appraised value of the building or structure at the time such damage occurred, unloss roquirod to strongthon or rostoro to a safe condition any portion of a building or structure dociarod unsafe by a proper authority otherwise any restoration or reconstruction shall conform to the regulations and uses specified in this Title, provided that restoration work is initiated by permit application within one (1) year of a fire, explosion, or an Act of God. If a permit application has not been submitted within one (1) year from the date of the fire or other casualty the structure shall be deemed abandoned and not allowed to be restored or reconstructed. c. Single Family Dwellings: Any legally ostablishod single family dwelling damaged by fire or an act of God may bo rebuilt to its same size, location, and height on tho same site, subject to all relevant fire and life safety codos. Restoration improvements shall commence within two years of the damage, and shall continue in conformance with—approved building or construction—permits,—otherwise—the—structure—sheJ-1—lose—its—restoration authorization and status. B. R 10 AND R lfl ZONE EXISTING LEGAL NONCONFORMING RESIDENTIAL STRUCTURES CONSIDERED CONFORMING: 9 ORDINANCE NO. 5647 Rosidontial structures that existed or that wore developed in accordanco with vostod land uso permits prior to tho effective date of this section (6 17 1996) Existing legal nonconforming residential structures for which documentation of compliance with City code at the time of construction can be provided shall be considered to be conforming structures. These structures may be rebuilt should they suffer damage and remodeled without limitation on value- Such structures may bo These structures may be enlarged, replaced, renovated, and/or expanded pursuant to tho provisions of the R 14 Zone current code requirements (e.g. height limits, lot coverage, density limits, setbacks, etc.). C. EXEMPTION DUE TO CITY ACQUISITION: No structure shall be considered nonconforming when the nonconformity would be created by the City's acquisition of an interest in the property that creates the nonconformity, such as through condemnation for a road widening. For the purposes of this exemption, signs shall not be considered a conforming structure. SECTION VIII. Section 4-10-060, Nonconforming Uses, of Chapter 10, Legal Nonconforming Structures, Uses and Lots, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended so subsections 4-10-060D, 4-10-060E, 4-10-060G and 4-10-060H are revised as shown below, subsection 4-10-060F is deleted, and a new subsection is added to read as shown below. D. EXTENSION OR ENLARGEMENT: 10 ORDINANCE NO. 5647 The use shall not be extended or enlarged so as to occupy additional land area on the same or any other lot or parcel. The use shall not be relocated in whole or in part to any other part of the parcel. The use is not cannot be enlarged or extended, except as provided below. 1. Extension/Enlargement Outside Building: Tho uso shall not bo oxtondod or enlarged so as to occupy additional land aroa on tho samo or any othor lot or parcel. Tho uso shall not be rolocatod in wholo or in part to any othor part of tho parcel. 2* Extension/Enlargement Within Building: Provided the use complies with subsections E and F of this Section, Alterations to Legal Nonconforming Use, a nonconforming use housed in part of a single-tenant building may be extended throughout the building, but the building shall not be enlarged or added to. A nonconforming use in a multi-tenant building shall not be expanded into space vacated by other tenants and shall also comply with subsections E and F. 32. Additional Development on Property Containing Nonconforming Use: No additional building, whether temporary or permanent, shall be erected upon a property with a nonconforming use for purposes of expanding or extending a nonconforming use. Additional development of any property on which a legal nonconforming use exists shall require that all new uses conform to the provisions of the Renton Municipal Code. E. ALTERATIONS TO LEGAL NONCONFORMING USE WITHOUT STRUCTURAL ALTERATION: 11 ORDINANCE NO. 5647 Alterations to a legal nonconforming use are only permitted when they do not expand or enlarge a use consistent with subsection D of this Section, Extension or Enlargement. The modification alteration shall not increase the nonconformance of the use, nor create a new type of nonconformance. €F. RESTORATION: Nothing in this Chapter shall prevent the restoration or continuance of a nonconforming use damaged by fire, explosion, or Aact of God, subsequent to the date of these regulations, or amendments thereto, subject to the following conditions and conforming to subsection D of this Section, entitled Extension or Enlargements provided that restoration work is initiated by permit application within one (1) year of a fire, explosion, or an Act of God. If a permit application has not been submitted within one (1) year from the date of the fire or other casualty the use shall be deemed abandoned and not allowed to be restored or reconstructed. 1. Logal—Nonconforming—Uses—with—Rebuild—Approval—Permits: Restoration work exceeding one hundred percent (100%) of the latest appraised value of tho building or structure housing the uso or sito improvements supporting uso (if not contained in a structure) closest to tho time such damage occurred shall bo allowed if it is: (a) a condition of granting the robuild approval permit pursuant to RMC 4 9 120; and/or (b) necessary to allow tho structure to bo rebuilt to its condition prior to tho damage considoring construction costs; and/or (c) required to strongthon or restore to a safo condition any portion of a 12 ORDINANCE NO. 5647 building or structure dociarod unsafe by a proper authority; and/or (d) necessary to conform to tho regulations and uses spocifiod in this Title. 2. Othor Logal Nonconforming Usos: The work shall not oxcood fifty percent (50%) of tho latest appraised valuo of tho building or structure housing tho nonconforming uso or site improvements supporting use (if not contained in a structure) at tho time such damage occurred. 3. Single Family Dwellings: Any legally ostablishod single family dwelling damaged by fire or an act of God may bo rebuilt to its same size, location, and height on tho same site, subject to all relevant fire and life safety codes- Restoration improvements shall commonco within two yoars of tho damage, and shall continue in conformance with approved building or construction permits, otherwise tho structure shall lose its restoration authorization and status. HG. AMORTIZATION OF ADULT USES: For amortization of legal nonconforming adult entertainment, activity, use, or retail use, see RMC 4-3-010E. H. EXISTING LEGAL NONCONFORMING RESIDENTIAL USES: Existing legal nonconforming residential uses for which documentation of compliance with City code at the time of construction can be provided shall be considered permitted uses given all the rights of other permitted uses within the zoning districts identified in this section. In addition, these uses may be rebuilt should they suffer damage and remodeled without limitation on value. These uses may 13 ORDINANCE NO. 5647 be enlarged subiect to current code requirements (e.g., height limits, lot coverage, density limits, setbacks, parking, etc.). SECTION IX. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this 12th day of December 2011. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 12th day of December , 2011. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney ,lr• ' <*J- Date of Publication: 12/16/2011 (summary) • <J •\. y, ORD:1745:12/5/ll:scr 14