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HomeMy WebLinkAboutORD 3547 CITY OF RENTON, WASHINGTON " ORDINANCE NO, 35447 AN ORDINANCE OF THE' `CITY 'OF RENTON, WASHINGTON, CREATING AND ESTABLISHING A COMMUNITY FACILITIES CHARGE THE CITY COUNCIL OF THE CITY OF RENTON, ..WASHINGTON, DO ORDAIN AS FOLLOWS : SECTION I: Definitions : I 1 . Bedroom: Any room used or intended to be used for ss eeeping purposes, including efficiency or studio apartments , 2 . Hotel or Motel , .Any building or group of buildings containing six ori-More:-:guest..rooms intended or-designed to be used' or s which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests . 3 . Mobile Home: "Mobile Home" means a structure , trans- portable in one or more sections , which is thirty-two body feet or more in length and is eight body feet or more in'width, and which is built on a permanent chassis , and designed to be used as a dwelling with or without a permanent foundation when connected to* the required utilities , and includes the plumbing, heating, air-conditioning, and electrical systems excluding contained •t erein and h in modular homes . 4. Modular Home: "Modular Home" means any factory-built -built housing Te-signed primarily for residential occupancy by human beings which does not contain a permanent frame and must be mounted on a permanent foundation. 5. Residence , Sin le Fami1 A building arranged or esigne to e occupie by not more than one family and prepared mobile home or modular home pads for the fixing of units to be used as a single family residence 6 . Residence, Multiple Family : A building arranged to be occup by more than one family living inde- pendently of each other and having separate baths and kitchens . t hens . 7 . Condominium: Any structure containing three or more dwelling units as defined in the housing code : a) which is the subject` of a declaration filed pursuant to. the Horizontal Property Regimes Act (RCW Chapter 64.32) or b) in which there is private ownership of individual units and common ownership of common= areas . -1- Y $i !' Y Y. r• .;', L �<�?:, `• `�. �'_1 r) �. 8. Residence Dwelling: A building or portion thereof designed exclusively for residential occupancy including single-family, two-family , and multiple- family dwellings ;°'-but not including hotels , motels boarding and lodging houses . 9 . Gross Floor Area: The total of all the floors measure rom t e interior faces of the building , and outdoor areas- used for retail purposes . 10 Commercial:. A non-residential , non-governmental use, including hotels. and motels , involving the ex- change of goods , products , services or property of any kind and including all uses not otherwise defined as.Tresidential . or industrial . 11. Industrial : Any use permitted in a MP. L-1 or H-1 zone and not permitted in any other zone. 12 Contractor ' An individual, corporation, partnership, . . , or group of individuals : acting as a developer, or in the employ',of the developer, who is (are) in the business of and are responsible for providing the actual physical improvements required by the developer:;,` Y, 13. Developer: .,,, An individual , corporation or group of indiv`viduals, engaged in the business of improving or caus in %lr 1 ea property t e i g e o b improved for the P P y P purpose of sale, lease or rental of thisro erty to others .- P P 14 Ca ital improvements :' Improvements of a permanent ixed nature required for the carrying on of the t3 business of government and requiring the expenditure of a substantial _ sum ,of money , to acquire, equip or construct' such improvement and serving the general population' as contrasted to an, individual or small group of individuals . SECTION II : The City Council of the City of Renton has previously adopted Resolution No: 2395 making certain findings in support of the Community Facilities Charge . SECTION III : The Community Facilities Charge is imposed under the City' s statutory authority to impose business and occupation charges . The charge is in;ahe nature of a business and occupation tax upon those who contract to develop property for sale, lease , rental' or occupancy. SECTION IV: Those instances in which an individual is building a single family residence for his or her own use shall result for the purposes of this Ordinance in that individual being termed as a Contractor. -2- t Y 1 -41 SECTION V: t There is' hereby imposed as a Community Facilities Charge on each residential dwelling unit, whether termed as a single family residence , apartment, condominium or cooperative. unit, or under any other name, the sum of $350, 0.0 per bedroom, with a $1, 000 , 00 maximum per such residential dwelling unit . Any mobile home pad or modular home pad shall be "deemed to have two bedrooms for the purposes of this Ordinance. Should any questions arise concerning the number of bedrooms in any residential dwelling unit , then the Building Official shall determine the number of bedrooms in the residential dwelling-units for the purposes of this ordinance and such. shall be an administrative , determination appealable ,under this Ordinance. SECTION VI: There is hereby imposed as a Community Facilities Charge on commercial and industrial buildings ; and all other buildings not termed as residential-, dwelling units, the sum of $0, 25 per square foot of gross floor area of the building, as a community facilities charge. SECTION VII : ,The fees imposed by the prior Sections of this Ordinance shall be charged as of. June 1, 1981 , SECTION VIII ; •,., The fees imposed under this Ordinance shall be collectible as follows:- 1. For single''family residences and other construction not requiring a certificate of occupancy under the Building Code in force in the City of Renton at, thd time of the building , the fees shall be charged and collected atTthe time the contractor applies to the City for water meters . 2 . For all other construction not covered under Section 1 above, the fees shall be charged: and collected upon the request for certificate of occupancy or temporary certificate of occupancy, 3 . No certificate of >occupancy, or final approval of the construction shall be issued until such fees have been paid in full . SECTION IX: No future building permit shall be issued to any person owing the excise tax imposed by this Ordinance until the -3- - ..... .. ... '2�+�.":� .{.�.�.}..:.�1.._. . ._i... .. -!ice...... .��„b1. �l• .. S.°i-Y� '/ City' s Financial Director or his or her designee confirms payment of the same by the taxpayer. The Building Official shall provide building permit applications in appropriite . form setting forth the excise tax requirements of this Ordinance and it shall be his or her obligation to ascertain whether building permit applicants have complied with the requirements of this Ordinance . , SECTION X: Creation'�'of Community Facilities Fund: There is hereby created a CU11nU 'ATfiv " ESEVE �tJND NO'. 3b47 1 into which all fees generated under , this Ordinance shall be paid. The , funds shall be collected and exp'ende'd only for capital improvements by the City of Renton. Those improvements which shall be funded shall be established by the City Council following recommendation of the Mayor at the annual budget hearing. The -City Council shall establish the projects-,to be funded following submission of .a prioritized list of such projects by the Mayor to the City Council as part of the annual budget process . No funds, shall be expended for any project not of a capital improvement nature and not authorized by the City Council, SECTION XI : The City Council shall review the level of charges established herein at least-eivery third year after the establish- ment of these charges an& establish or re-establish. the charges , based upon the information best available to the Council at that time , Such review shall include a public hearing before any charges may be raised, SECTION XI,I : Excep'tionsbr Appeals : Any taxpayer aggrieved by the amount of the tax found by the Building Official to be required under the provisions of this Ordinance may appeal, to the Hearing Examiner under the provisions of the City Code providing appeals from adminis- trative decisions .. At such hearing the taxpayer shall be entitled to be heard and to introduce, evidenc' e on his own behalf. The proceedings and decisions shall be governed by, the' Hearing Examiner's Ordinance I procedures , rules and regulations . SECTION XIII : Exemptions , A. Existing structures . Any parcel of land, which, on the effective date of this Ordinance, has an existing structure or valid -4- building permit issued for such a, structure, is exempt from community facilities charges to the extent"' of-the then existing structure or permit for which a building is actually constructed. B. Alterations. AlWrations which do not increase the floor space of a structure, or increase the land area occupied by a structure , are exempt from all portions of the community facilities charge, except when the alterations shall change the character of the use from single family residence to multiple family residence, or otherwise increase the intensity of the . use as defined by the Zoning Code . C. Change in Use A change in use results whenever an application for a building permit is filed to expand an existing structure , or construct a new structure. on a parcel of land. Whenever such a change in use occurs , a °community facilities charge is imposed and credit shall be given for those portions of, the charge previously paid, or previously exempt . No refund shall be made on account of any such credit. D. Remodeling. Whenever a single family home owner desires to expand the use of his home by' adding an additional bedroom, after the home owner has originally occupied the home, without changing the use of said home , then that' expansion, . as long as it does not exceed one bedroom, shall be exempt from the fees under this Ordinance . However, whenever the addition shall exceed one bedroom, then the entire new addition shall. be subject to this Ordinance and its fees . E. Passive Use : Any construction of a quasi-public nature within the City of Renton not intended for occupancy by humans and not intended for commercial or industrial uses of a direct nature , and which does not directly utilize : any. City. utilities or capital improvements and only incidentally makes use ,of said utiliti'es - or capital improvements , shall not be charged any 'community facilities charge under this Ordinance. (Example: power substantion or radio transmission tower) -5- . ``, ' ��• , { r tt, ' +,l;: is SECTION XIV: Dedication in Lieu of Charge_ Whenever a charge is due under this Ordinance and the owner of the property wishes to dedicate land to the City in lieu of that charge , the owner may petition the City to accept such dedication in lieu of all or a portion of this community facilities charge. In each such instance the Building Official shall contact the affected City departments and determine whether or not the acceptance of such dedication would be in the City' s best interest . After receiving all replies from affected City departments the Building Official shall recommend to the City Council the approval or disapproval of the dedication as submitted. The dedication shall be accepted only when it appears from all avail- able information that the dedication would be in the City ' s best interest . When such dedication has been determined to be in the City's best interest , the Building Official shall establish what portion of the community facilities charge . shall be waived because of such dedication and forward that information to the City Council . The Council shall then determine if the City will accept the property and further establish the amount of the community facilities charge to be waived. Any unwaived portion of the fee shall be paid under the terms of this Ordinance. Information concerning the extent of the fee waived shall be communicated to the oN.mer and the dedication accepted by the City in return. If the owner should fail to dedicate the property to the City , then the fee in total shall be due the City at the time and under the terms set forth in this Ordinance . SECTION XV; Repealer: Section 3-241 (F) and Section 8-718 (A) of the Code and any and all other sections of the Code dealing with and establishing, system development charges , community facilities charges or similar charges are hereby repealed. SECTION XVI : Severability... The invalidity or unconsti- tutionality of any provision or section of this Ordinance shall not render any other provision or section of this Ordinance invalid or unconstitutional . r t SECTION XVII ; The effective date of this Ordinance shall be after passage and publication as required by law, PASSED BY THE CITY COUNCIL this 18th day of May , 1981 ` Maxine E. Motor, -Deputy City Clerk APPROVED BY THE MAYOR, this 18th day of May r 1981 , u�+w'tw no tom. Barbara Y,. Shinpoch , Mayor Approved as to form: ii Lawrence-J . Warren; Cit-y--Attorney Date of Publication : MRy ;29, 1981 (Summary Form)