HomeMy WebLinkAboutORD 4660 Amends: ORD 3454, 3725, 4523,
4587
Amended by ORD 4963
CITY OF RENTON, WASHINGTON
ORDINANCE NO. 4hhp
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SECTIONS 4-8-11.B.5 AND 4-8-17 .0 OF CHAPTER 8, HEARING
EXAbIINER, SECTION 4-31-2 OF CIiAPTER 31, ZONING CODE, AND
SECTION 4-36-7 .I OF CHAPTER 36, RENTON REG�LATORY REFORM
ORDINANCE, OF TITLE IV (BUILDING REG�LATIONS) , OF
ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES
OF THE CITY OF RENTON, WASHINGTON" RELATING TO T�E TIME
FOR APPEALS FROM LAND IISE DECISIONS AS DI'sFINED IN THIS
ORDINANCE AND TO COMPLY WITH THE LAND IISE P}3TITION ACT,
CI3APTER 3 6 .7 OC, RCW.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN
AS FOLLOWS :
SECTION I. Section 4-8-11 .B.5 of Chapter 8, Hearing
Examiner, of Title IV (Building Regulations) , of Ordinance No. 4260
entitled "Code of General Ordinances of the City of Renton,
Washington�� is hereby amended to read as follows :
5 . The action of the Hearing Examiner in the case of appeals
from administrative determinations and environmental determinations
shall be final and conclusive unless appealed within the time i
frames established by City Code section 4-36-7 . I . , '
SECTION II. Section 4-8-17 .0 of Chapter 8, Hearing
Examiner, of Title IV (Building Regulations) , of Ordinance No. 4260
entitled "Code of General Ordinances of the City of Renton, I
Washington" is hereby amended to read as follows :
C: The action of the Council approving, modifying or '
rejecting a decision of the Examiner shall be final and conclusive II
unless appealed within the time frames established under City Code
section 4-36-7 . I .
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ORDINANCE NO. 4660
SECTION III. Section 4-31-2 of Chapter 31, Zoning Code, of
Title IV (Building Regulations) , of Ordinance No. 4260 entitled
"Code of General Ordinances of the City of Renton, Washington�� is
hereby amended by adding the following definition:
LAND USE DECISION: A land use decision for purposes of a land
use appeal under City Code section 4-36-7 . I means a � final
determination by a City body or officer with the highest level of
authority to make the determination, including those with authority
to hear appeals on:
A. An application for a project permit or other governmental
approval required by law before real property may be improved,
developed, modified, sold, transferred or used, but excluding
applications for permits or approvals to use, vacate, or transfer
streets, parks, and other similar types of public property;
excluding applications for legislative approval such as area-wide
rezones and annexations; and excluding applications for business
licenses; �
B. An interpretative or declaratory decision regarding the
application to a specific property of zoning or other ordinances or
rules regulating the improvement, development, modification,
maintenance, or use of real property;
C. The enforcement by the City of ordinances regulating the
improvement, development, modification, maintenance or use of real
property. However, when the City is required by law to enforce the
ordinance in a court of limited jurisdiction, a petition may not be
brought under this ordinance.
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� ORDINANCE N0. 4660
SECTION IV. Section 4-36-7 . I of Chapter 36, Renton
Regulatory Reform Ordinance, of Title IV (Building Regulations) , of
Ordinance No. 4260 entitled "Code of General Ordinances of the City
of Renton, Washington�� is hereby amended to read as follows :
I . Appeals : Table 4, Land Use Permit Procedures, lists the
development permits reviewed by the City and the review authority
responsible for open record appeals, closed record appeals and
judicial appeals . The City has consolidated the permit process to
allow for only one open record appeal of all permit decisions
associated with a single development application. Appeals pursuant
to this section are intended to comply with the Land Use Petition
Act, Chapter 36 . 70C, RCW.
1 . Time for initiating appeal . An appeal to superior court
of a land use decision, as defined herein, must be filed within 21
days of the issuance of the land use decision. For purposes of
this section, the date on which a land use decision is issued is :
a. Three days after a written decision is mailed by the
City or, if not mailed, the date on which the local jurisdiction
provides notice that a written decision is publicly available;
b. If the land use decision is made by ordinance or
resolution by the City Council, sitting in a quasi judicial I
capacity, the date the body passes the ordinance or resolution; or
c. If neither a or b of this subsection applies, the
date the decision is entered into the public record.
2 . Standing. Those persons with standing to bring an appeal
of a land use decision are limited to the applicant, the owner of
property to which land use decisions are directed, and any other
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ORDINANCE NO. 4660
person aggrieved or adversely affected by the land use decision or
who woul.d be aggrieved or adversely affected by a reversal or
modification of the land use decision. The terms "aggrieved" and
"adversely affected" are defined in RCW 36 . 70C. 060 . '
3 . .. Content of Appeal Submittal . The content, procedure and
other �requirements of an appeal of a land use decision are governed
by Chapter 36 . 70C, RCW which is incorporated herein by reference as
if fully set forth.
4 . Other Appeals . Appeals to superior court from decisions
other than a land use decision, as defined herein, shall be
� appealed within the time frame established by ordinance . If there ',
i�s no .appeal time established by an ordinance, and there is no
statute•. specifically preempting the area and establishing a time
frame. for appeal, any appeal, whether through extraordinary writ or
� otherwise, shall be brought within twenty-one days of the decision. I
SEsCTION IV. This Ordinance shall be effective upon its
passage, approval, and five days after its publication.
PASSED BY THE CITY COUNCIL this 17th day of March , 1997 .
�.
�f��U'l
Brenda Fritsvold, Deputy City Clerk
APPROVED BY THE MAYOR this 17th day of March , 1997 .
���
J se Tanner, Mayor �
Appro as to form:
!�r"�..�.�-
Lawrence J. War , City Attorney
Date of Publication: March 21, 1997
ORD. 636 :2/30/96 :as . �
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