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HomeMy WebLinkAboutORD 4584 Amends ORD 1542, 4404, , 4523, 4549 Amended by ORD 4963 CITY OF RENTON, WASHINGTON ORDINANCE NO. 4584 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS 4-31-2 .N, 4-31-19 AND 4-31-23 OF CHAPTER 31, ZONING CODE, OF TITLE IV (BUILDING REGULATIONS) , OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDII�ANCES OF THE CITY OF RENTON, WASAINGTON" RELATING TO THE ESTABLISHMENT OF A PROCESS FOR DEALING WITH LEGAL NONCONFORblING USES AND STRUCTURES CREATED IN JTJNE 1993 OR THEREAFTER. THE CITY COUNCIL OF THE CITY OF RE�NTON, WASHINGTON, DO ORDAIN AS FOLLOWS : SECTION I. The following definition in 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 i of Renton, Washington" is hereby amended to read as follows : 4-31-2 : NONCONFORMING USE: A lawful use of land that does not comply with the current use regulations (primary, secondary, conditional, etc . ) for its zone, but which complied with applicable regulations at the time the use was established. SECTION II . 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: NONCONFORMING STRUCTURE: A lawful structure that does not comply with the current development standards (yard setbacks, lot 1 / ORDINANCE N0. 4584 � size, lot coverage, height, etc. ) for its zone, but which complied with applicable regulations at the time it was established. Such � structures may or may not be in compliance with other relevant building codes and regulations . SECTION III. Section 4-31-19 . = 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 I hereby amended to read as follows : 4-31-19 .J: Conditional Approval Permits-Nonconforming Uses/Structures : I l . Purpose and Intent: The purpose of this conditional approval permit is to allow nonconforming uses and/or structures that became nonconforming as a consequence of Code amendments in June 1993 and thereafter, to be reestablished and/or rebuilt in certain zoning districts where they would normally be prohibited I, because the costs associated with reestablishing the use and/or � structure exceed fifty (500) percent of their most recently assessed or appraised value prior to the loss or damage. Such permits would be issued when the continuance of the use or structure is determined to be in the public interest and such uses/structures are : 1) found to be compatible with other existing and potential uses/structures in the general area; or, 2) can be made to be compatible with the application of appropriate 2 ORDINANCE N0. 4584 �, conditions . Such a permit, if granted, typically would carry conditions with it pertaining to how the damaged structure would be allowed to redevelop. � Damaged existing legal nonconforming uses and/or structures where the c.osts associated with reestablishing the use , and/or structure do not exceed fifty (500) percent of their most A recently assessed value, prior to the loss or damage, are allowed to be reestablished or rebuilt as a matter of right . 2 . Applicability: Any existing building or structure that was legally established and has been continuously occupied, or a use that has been continuously in existence on the site but is now nonconforming because of a change in City Codes in June 1993 or thereafter, may apply for a conditional approval permit . Uses or structures that cannot substantiate that they were legal at the � time they were established shall not be eligible for this permit . 3 . Exception: Any legally established single-family i dwelling damaged by fire or an act of God may be rebuilt on the same site, subject to all relevant fire and life safety codes, i � without a conditional approval permit . I 4 . Conditional Approval Permit Review Procedures : For all applications received after January 1, 1996, the Hearing Examiner shall hear all requests for conditional approval permits for nonconforming uses . Conditional permit applications for 3 ORDINANCE N0. 4584 an application for a nonconforming structure shall be appealable to the Hearing Examiner as an administrative determination. Any appeal from a Hearing Examiner' s decision, whether an appeal from � an administrative determination or an original decision on a ; nonconforming use, shall be appealable to the City Council upon written appeal filed within fourteen (14) calendar days of the Examiner' s decision and upon payment of the applicable appeal fee . �I 5 . Review Criteria for Nonconforming Uses : The Hearing Examiner and/or City Council shall consider the following factors, among all other relevant information, when considering a request for a conditional approval permit for a nonconforming use . In order to grant the permit, at least three (3) of the these factors shall be complied with. ' a. Community Need: There shall be a community need for the proposed use at its present location. In the determination of community need, consideration shall be given to the following factors, among all other relevant information: (1) The continuance of the nonconforming use should not result in either the detrimental overconcentration of a particular use within the City or within the area surrounding the site. 5 ORDINANCE NO. 4584 (2) That the existing location is or can be made suitable for the existing use. b. Effect on Adjacent Property: The existing nonconforming use has not resulted in undue adverse effects on . adjacent properties from noise, traffic, glare, vibration, etc . , (i .e . does not exceed normal levels in these areas, emanating from surrounding permitted uses) . c . Historic Significance: The existing use was associated with a historical event or activity in the community and as a result has historical significance. d. Economic Significance: The existing use provides substantial benefit to the community because of either the , employment of a large number of people in the community, the generation of considerable retail and/or business/occupation tax revenues to the City, or it provides needed affordable housing. e. Timeliness with Existing Plans and Programs : Because of the anticipated market timing for permitted uses in the zone, retention of the existing nonconforming use would not impede or delay the implementation of the City' s Comprehensive Plan. 6 . Conditional Approval Permit Review Criteria for Nonconforming Structures : The Planning/Building/Public Works Administrator or his or her designee shall consider the following factors, among all other relevant information, when considering a 6 ORDINANCE N0. 4584 request for a conditional approval permit for a nonconforming structure. In order to grant the permit, he/she shall find that at least three (3) of the following criteria have been satisfied: a. Architectural and/or Historic Significance: The damaged . structure represents a unique regional or national architectural style or an innovation in architecture because of its style, use of materials, or functional arrangement, and is one of the few remaining examples of this . b. Architectural Compatibility with Surrounding Uses : The nonconforming building or structure was part of a unified . streetscape of similar structures that is unlikely to be replicated unless the subject structure is rebuilt per, or similar to, its original plan. c . Potential of Site for Redevelopment : Redevelopment of the site with a conforming structure is unlikely either because the size of the existing lot may be too small to be economical, or because the characteristics of adjacent permitted uses (that might normally be expected to expand to such a site) currently might preclude their expansion. Typically, economic hardship would not be considered for a variance, but is a consideration here . d. Condition of Building/Structure : If nonconforming as to the provisions of the City' s Building Code, the building or structure and surrounding premises have generally been well I 7 ORDINANCE N0. 4584 maintained and is not considered to be a threat to the public health, welfare, or safety, or it could be retrofitted so as not to pose such a threat . e . Departure from Zoning Code: If nonconforming with �the provisions of the City' s development regulations, the building � or structure does not pose a threat to the public health, welfare or safety, or could be modified so as not to pose such a threat . 7 . Application Procedure: Application for a conditional permit for a legal nonconforming use or structure shall be submitted and reviewed pursuant to Chapter 8, Title IV, of the City Code. The complete application shall be as specified on the : appropriate Planning/Building/Public Works document and shall, at minimum, include a plan of the site drawn to scale showing the actual dimensions and shape of the existing site, and the exact sizes and locations of existing structures and uses, whether ' damaged or not . It shall also include the dates these structures/uses were established. The plan should also show existing landscaping, off-street parking, signs, ingress and egress, and adjacent land uses . The application should also include drawings, photographs, or other visual aids that show the relationship of the existing structure or building to its surroundings and may include studies or reports that support the applicant ' s contention that the existing nonconforming use or 8 ORDINANCE NO. 4584 structure is compatible with the surrounding area and its uses . Any other relevant information requested by the Planning/Building/Public Works Department shall be included in the application. SECTION IV. Section 4-31-23 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 to read as follows : 4-31-23 : COMPLETION AND RESTORATION OF EXISTING NONCONFORMING USES/STRUCTURES : A. Pending Permits .Valid: Nothing herein contained shall require any change in the plans, construction, or designated or intended use of a building for which a building permit has heretofore been issued, or which has been submitted to the Building Official before the effective date of amendments to the development regulations . B. Nonconforming Structures : Any building or structure legally existing at the time of enactment of this Code may remain, although such structure does not conform with the provisions of this Code, provided the following conditions are met : l . Vacant, abandoned, or amortized structures : The structure is not abandoned, vacant, or extensively damaged. Nonconforming buildings or structures which do not have historic 9 ORDINANCE N0. 4584 significance and have been vacant for two or more years, or abandoned, or are sufficiently old at the time that they are severely damaged so as to have had sufficient time to amortize most or all of their initial economic value, shall not be allowed to be redeveloped or reestablished. 2 . Unsafe structures : The structure is kept in a safe condition. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by a proper authority. 3 . Alterations : Any alterations must comply with the � following requirements : a. Structures with Conditional Approval Permits : The cost of the alterations shall generally not exceed an aggregate cost of one hundred percent (1000) of the value of the building or structure, unless : 1) the building or structure is made conforming by the alterations; or 2) the alterations were imposed as a condition of granting a conditional approval permit . Alterations shall not result in or increase any nonconforming conditions unless they were specifically imposed as a condition of granting a conditional approval permit . b. Other Legal Nonconforming Structures : The cost of the alterations of all other legal nonconforming structures shall not exceed an aggregate cost of fifty percent (500) of the value of 10 � ORDINANCE N0. 4584 the building or structure, based upon its most recent assessment or appraisal, unless the amount over fifty percent (500) is used to make the building or structure more conforming. Alterations shall not result in or increase any nonconforming condition. 4 . Extension: The structure shall not be extended unless the extension is conforming or it is consistent with the provisions of a conditional approval permit issued for it . The extension of a lawful use to any portion of a nonconforming building or structure which existed prior to the enactment of this Code shall not be deemed the extension of such nonconforming structure . 5 . Restoration: Nothing in this chapter shall prevent the reconstruction, repairing, rebuilding and continued use of any nonconforming building or structure damaged by fire, explosion, or act of God, subsequent to the date of these building regulations and subject to the following conditions: a. Legal Structures with Conditional Approval Permits : The work shall generally not exceed one hundred percent (1000) of the latest appraised value of the building or structure closest to the time such damage occurred; restoration or reconstruction work exceeding one hundred percent (1000) of this value shall either be a condition of granting the conditional approval permit or necessary to conform to the regulations and uses specified in this chapter. 11 ORDINANCE NO. 4584 b. Other Nonconforming Legal Structures : The work ' shall not exceed fifty percent (500) of the latest assessed or appraised value of the building or structure at the time such damage occurred; otherwise, any restoration or reconstruction shall conform to the regulations and uses specified in this chapter. c . Illegal Structures : These shall be discontinued. C. Nonconforming Uses : Any lawful use existing at the time of enactment of this Code may be continued, although such use does not conform with the provisions of the building regulations, provided the following conditions are met : 1 . Abandonment : The use is not abandoned. A legal nonconforming use (of a building or premises) which has been abandoned shall not thereafter be resumed. Abandoned uses shall not be eligible for a conditional approval permit . A nonconforming use shall be considered abandoned when: a. The intent of the owner to discontinue the use is apparent, and discontinuance for a period of one year or more shall be prima facie evidence that the nonconforming use has been abandoned, or b. It has been replaced by a conforming use, or c . It has been changed to another use under permit from the City or its authorized representative. 12 ORDINANCE N0. 4584 2 . Relocation: The use is not relocated. A legal nonconforming use of a building or premises which has been vacated and moved to another location, or discontinued, shall not be allowed to reestablish itself except in compliance with the building regulations . 3 . Changes : The use is not changed to a different nonconforming use. The nonconforming use of a building or I structure shall not be changed to another nonconforming use. I 4 . Restoration: Nothing in this chapter shall prevent the restoration or continuance of a nonconforming use damaged by fire, explosion, or act of God, subsequent to the date of these building regulations, or amendments thereto, subject to the following conditions : a. Legal Nonconforming Uses with Conditional Approval Permits : The work shall generally not exceed one hundred percent (1000) of the latest appraised value of the building or structure housing the use closest to the time such damage occurred; restoration or reconstruction work exceeding one hundred percent (1000) of this value shall either be a condition of granting the conditional approval permit or necessary to conform to the regulations and uses specified in this chapter. b. Other Legal Nonconforming Uses : The work shall not exceed fifty percent (500) of the latest appraised value of the 13 ORDINANCE N0. 4584 building or structure at the time such damage occurred. Uses which were in conformance with the Code at the time it was enacted or at . the time they were built or developed, but which became nonconforming on adoption of the development regulations or amendments to it . � c . Illegal Uses : Uses which were not in conformance i with the Code or the development regulations in effect on the date they were established (illegal uses) . These uses shall be discontinued. ' SECTION V. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. �' PASSED BY THE CITY COUNCIL this 12th day of February , 1996 . . Marilyn J etersen, City Clerk APPROVED BY THE MAYOR this 12th day of Februarv , 1996 . , �='�.- Q.wrti.i�.� Jesse Tanner, Mayor Approved to form: Law ce J. Warr , City Attorney Date of Publication: February 16, 1996 _ ORD. 514 : 2/05/96 :as . • � 14 Amends ORD 1542, 4404, 4523, 4549 CITY OF RENTON, WASHINGTON SUMMARY OF ORDINANCE N0. 4584 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS 4-31-2 .N, 4-31-19 AND 4-31-23 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" ' RELATING TO THE ESTABLISHMENT OF A PROCESS FOR DEALING WITH LEGAI� NONCONFORbIING USES AND STRUCTURES. The following is a summary of this ordinance . SECTION I . Section I restates the definition of nonconforming use and nonconforming structure. Section II establish.es the purpose and intent of the ordinance, its applicability and exception, establishes the conditional approval permit review procedures and the review criteria for nonconforming uses and nonconforming structures, and establishes the application procedure . Section III adds a subsection for notification procedures for "P" suffix properties . Section IV details the procedure for completion and restoration of existing nonconforming uses/structures . SECTION II. A full text of this ordinance will be mailed, without charge, upon request to the City Clerk. Date of Publication: Februar� 16, 1996 ORD. 515 : 10/23/95 :as .