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CITY OF RENTON, WASHINGTON
ORDINANCE N0. 2789 �
AN ORDINANCE OF THE CITY OF RENTON IMPLEMENTING THE
SHORELINE MANAGEMENT ACT OF 1971; REGULATING SUBSTANTIAL
DEVELOPMENTS ON THE SHORELINES OF THE CITY OF RENTON BY
REQUIRING PERMITS, APPROVAL BY THE DIRECTOR OF PLANNING;
ESTABLISHING ADMINISTRATIVE PROCEDURES FOR ISSUING PERMITS;
AND PRESCRIBING PENALTIES, CIVIL AND CRIMINAL, FOR ANY
VIOLATIONS THEREOF.
SECTION
4-2501: Title and Purpose
4-2502 : Definitions
4-2503 : Policy
4-2504: Substantial Development Permits
4-2505 : Exemptions
4-2506: Variances and Conditional Uses
4-2507: Review of Application
4-2508 : Application of Permit System to Development Undertaken Prior
to June l, 1971
4-2509: Time Requirements for Permits
4-2510: Rulings to State
4-2511: Enforcement
4-2512: Rescission of Permits
4-2513 : Appeals
4-2514: Real Property Assessment
4-2515 : Master Program Formulation
4-2516 : Penalties '
4-2517: Severability
4-2518 : Effective Date
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4-2501: TITLE AND PURPOSE
1. Title. This Ordinance shal.l be hereinafter known as the "Renton
Shoreline Management Ordinance, " may be cited as such, and will
be hereinafter referred to as "this Ordinance" and same shall be
and constitute Chapter 25 , Title IV (Building Regulations) of
Ordinance No. 1.628 known as "Code of General Ordinances of the
City of Renton. "
2. Purpose. The purpose of this Ordinance is to implement the
SHORELINE _ MANAGEN..ENT ACT OF 1971 (Chapter 286 , Laws of 1971, 1st
Ex. Sess. ) and to regulate developments on the shorelines of the
City of Renton in a manner consistent with the policies and aims
promulgated in Section 2 of said Act, which is incorporated herein
as if fully set forth.
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4-��Oa : DEFINITIONS -3 ,
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For the purpose of this Ordinance , certain terms , phrases , words and their
derivatives shall be construed as specified in this section. Words used in the
singular include the,plural , and the plural the singular. The word "shall" is
mandatory; the word "may" is permissive .
l . Building Directo�. TYie Building Director of the City of Renton or his
designated and authorized representative .
2 , Ci:t�zen',s..Advisory Committee . The group of citizens appointed by the
Mayor with the concurrence of the City Council ' s Community Services
Committee to assist in the formulation of the Master Program.
3 , Conditional Use. A use , or the expansion of� a useg beyond the uses contem-
p�ted in a particular environment or environments subject to specific
condi,tions to insure that there is no conflict with the intent of the
environment or environments .
4 . Development . A use consisting of the construction or exterior alteration
of structures ; dredging, drilling , dumping , filling, removal of any. :sand,
gravel or minerals ; bulkheading , driving or piling, placing of obstruc-
tions or an ro'ect of a ermanent or tem orar nature which inter-
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feres with the normal ublic use of the surface of the waters overl in
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. lands subject to this Ordinance at any sta�e of water level .
5 . Director. The Director of Planning of the City of Renton or his duly
designated and authorized representatives .
6. Master Program, The comprehensive shoreline us� plan for the City of
Renton, and the use regulations , together with maps , diagrams , charts ,
� or other descriptive material and texts , a statement of proposed desired
goals and standards to develop in accordance with the policies
promulgated in Section 2 of the Shoreline Management Act of 1971 .
7. Ordinary High Water Mark. The mark on all lakes and streams that will
be found by examining the bed and banks and ascertaining where the presence
and action of waters are so common� arid..,usual , and solong continued in all
ordinary years , as to mark upon the soil a character distinct from that of
the abutting upland, in respect to vegetation as that condition exists on
� June l , 1971, or as it may naturally change thereafte�-;�
8 . Person. An individual , partnership , corporation, association, organization ,
cooperative , public or municipal corporation , or agency of the state of
local governmental unit however designated.
g. Shoxelines . All of the water areas of the City , including reservoirs , and
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their associated wetlands , together with the lands underlying them; except
A. Shorelines of state-wide significance..
B. Shorelines on segments of streams upstream of a point where the mean
annual flow is twenty (20) cubic feet per second or less and the wet-
lands associated with such upstream segments;
C. Shorelines on lakes l�ss than twenty (20) acres in size and wetlands
associated with such small lakes.
10.; Shorelines of Statewide �ignificance. Those shorelines described in Sec-
tion 3 of the Shoreline Management Act of 1971.
11�� Shorelines of the City. The total of all "Shorelinest' and shorelines of
state-wide significance" within the City.
12 . Substantial Development. Any development of which the total cost or fair
market value exceeds one thousand dollars ($1,000.00), or any development
which materiall interferes with the normal ublic use of the water or
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shorelines of the City; except that the following shall not be considered
substantial developments for the purpose of this Ordinance.
� A. Normal maintenance or repair of existing structures or developments,
including damage by accident, fire or elements;
B. Construction of the normal protective bulkhead common to single family
residences;
C. Emergency construction necessary to protect property from damage by
the elements;
D. Construction of a barn or similar agricultural structure on wetlands;
E. Construction or modification of navigational aids such as channel markers
and anchor buoys;
F. Construction on wetlands by an owner, lessee or contract purchaser of a
single family residence for his own use or for the use of his family,
which residence does not exceed a height of thirty-five (35) feet above
average grade level and which meets all requirements of the City other
than requirements imposed pursuant to this Ordinance.
13 . Substantial Development Permit. The Shoreline Management substantial
development permit provided for in Section 14 of the Shoreline Management
Act of 1971. (RCW 90.58.140).
l� • Variance. An alteration of the use regulations of the master program of
the City of Renton. '
15 . Wetlands or Wetland Areas. Those lands extending landward for two hundred
feet (200T) in all directions as measured on a horizontal plane from the
ordinary high water mark; and all marshes, bogs, swamps, floodways, river �
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deltas, and flood plains associated with the streams and lakes which are
subject to the provisions of this Ordinance; the same to be designated as to
location by the Department of Ecology.
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4-2503 : POLICY
In case of any inconsistency or conflict between the provisions and terms of
this Ordinance and the aforementioned State Act, the latter shall be controlling.
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4-2504: SUBSTANTIAL DEVELOPMENT PERMITS
l. Application Forms and Fees. No substantial development shall be undertaken
on shorelines of the City without first obtaining a 'tsubstantial development
permit" from the Director. Applications for such permits shall be made on
forms and in a procedure prescribed by the Director, shall be made by the
property owner, or his authorized agent, lessee, contract purchaser, or
other person entitled to possession of the property, and except for applica-
tions filed by or on behalf of the City or other governmental agencies,
shall be accompanied by a receipt issued by the Director of Financing
showing payment of the applicable fees which are hereby imposed as follows:
FEE VALUE OF DEVELOPMENT
$ 25 Less than �10,000
I $ 50 $10,000 but less than $50,000
$��s $so,000 to $loo,000
$100 More than $100,000
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2. Compliance of Application. Upon receipt of the application Director shall
cause the application to be investigated and determination made as to its
conformance with the standards of this Ordinance.
3. Publishing and Posting. The applicant shall cause to be published notices
thereof once a week for two (2) consecutive weeks in a newspaper of general
circulation in the area where said development is proposed; provided,
however, that the Director shall have the right to require additional
publications by the applicant in a newspaper of general circulation in a
neighboring jurisdiction if it appears that the proposed project may affect
the environment of such neighboring jurisdiction. Three (3) copies of the
notice shall be posted prominently on the property concerned and in con-
spicuous public places within three hundred (300) feet thereof. Each
said notice shall include a statement that any person desiring to present
his views to the Director with regard to said application may do so in
writing to said Director and any person interested in the Director's action
on an application for a permit may submit his views in writing or notif-y
the Director in writing of his interest within thirty (30) days from the
last date of publication of such notice. Such notification or submission
of views to the Director shall entitle said persons to a copy of the action I
taken on the application. The applicant shall submit proof of publication
to the Director within ten (10) days after the last date of publication.
An affidavit of publication by the newspaper shall be sufficient.
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4. Review Guidelines. Unless excepted by the provisions of this Ordinance, I
no substantial development permit and no other permit shall be granted
unless the proposed development is consistent with:
l. The policy aims of this Ordinance and the Shoreline Management
Act of 1971;
2. The guidelines and regulations as issued by the Department of
Ecology and as same may be amended from time to time;
3. General compliance with the master program of the City of Renton
or as same may be amended from time to time.
5. Burden of Proof on Applicant. The burden of proving that the proposed sub-
stantial development is consistent with the criteria which must be met
before a ermit is ranted shall be on the a licant.
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6. Conditional Approval. The Director may attach to such permit any terms
or conditions regarding the location, character and other features of the
proposed structures or use as may be deemed necessary and reasonable
to carry out the spirit and purpose of this Ordinance, in the public interest,
and in compliance with the Cityts ordinances, regulations and codes.
7. Notification of City Departments. It shall be the duty of the Director to
timely furnish copies of all applications and actions taken by the Director ;
unto the CityTs Building Director and Clerk, and such other officials or
departments whose jurisdiction may extend to all or any part of the II
proposed development.
8. Bonds. The Director may, in special circumstances, require the applicant
to post a bond in favor of the City of Renton to assure full compliance
with any terms and conditions imposed by the Director on any substantial I
development permit. Said bond shall be in an amount to reasonably assure
the City that any deferred improvement will be carried out within the time
stipulated. '
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4-2505 : EXEMPTIONS
The following shall not be considered substantial developments for the purpose
of this Ordinance:
l. Any project with a certification from the governor pursuant to Chapter
80.50 RCW;
2. Any development on Shorelines of the City included within a preliminary or
f inal plat approved by the City prior to April l, 1971, if:
A. The final plat was approved after April 13, 1961, or the preliminary
plat was approved after April 30, 1969; or
B. Sales of lots to purchasers with reference to the plat, or substantial
development incident to platting or required by the plat, occurred
prior to April 1, 1971; and
C. The development to be made without a permit meets all requirements of
the City, other than requirements imposed pursuant to this Ordinance; and
D. The development does not involve construction of buildings, or involves
construction on wetlands of buildings to serve only as community,
social, or recreational facilities for the use of owners of platted lots
and the buildings do not exceed a height of thirty-five (35) feet
above average grade level; and
E. The development is completed by June l, 1973.
3. Any person claiming exemption from the permit requirements of this Ordinance
as a result of the exemptions specified in this Section may make application
therefor to the Director for such exemption forms in the manner prescribed
by the Director.
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4-2506: VARIANCES AND CONDITIONAL USES
The granting of variances and conditional use permits may be allowed after the
approval or adoption by the City of its master program or any segment thereof,
but such approval or adoption shall not be unnecessarily delayed by the City.
l. Variances. Substantial development permits may be granted which are at �
variance with the criteria herein established before a permit is granted
where, owing to special conditions pertaining to a specific piece of property,
the literal interpretation and strict �application of the criteria would cause
undue and unnecessary hardship. No such variance shall be granted unless
the Director of Planning finds :
A. Exceptional or extraordinary circumstances or conditions applying to
the subject property or to the intended use thereof that do not apply
generally to other properties on shorelines in the same vicinity.
B. The variance permit is necessary for the preservation and enjoyment of
a substantial property right of the applicant possessed by the owners
of other properties on shorelines in the same vicinity.
C. The variance permit will not be materially detrimental to the public �i
welfare or injurious to property on shorelines in the same vicinity.
D. The variance permit will not adversely affect the master program developed
or being developed for the City.
E. The public welfare and interest will be preserved; if more harm will
be done to the area by granting the variance than would be done to the
applicant by denying it, the variance will be denied, but each property
owner shall be entitled to the reasonable use and development of his
lands as long as such use and development does not conflict with the
Shoreline Management Act of 1971 and the provisions of this Ordinance.
2. Conditional Use. A "conditional useT' permit may be granted subject to the
following conditions: �
A. The use will meet such performance standards that make the use compatible
with other permitted uses within that area.
B. The use will cause no unreasonable adverse effect on the environment
or other uses. ,
C. The use will not interfere with the public use of public shorelines.
D. Design of the site will be compatible with the surroundings and the
Cityts master program.
E. The use will not be contrary to the general intent of the Cityts
master program.
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4-2507: REVIEW OF APPLICATION
l. Review Criteria. The Director of Planning shall review an application for
a permit based on the following :
A. The application;
B. The environmental impact statement, if one is required;
C. Written comments from interested persons;
D. Information and comment from other City departments affected;
E. Independent study of the Department of Planning of the City;
F. Evidence presented at a public hearing, should the Director decide that
it would be in the public interest to hold a public hearing. The Director
shall have powers to prescribe rules and regulations for such hearings.
2. Additional Information. The Director may require an applicant to furnish
information and data in addition to that contained or required in the
application forms prescribed. Unless an adequate environmental statement
has previously been prepared for the proposed development by another agency,
the Director shall cause to be prepared such a statement, prior to granting
a permit, when the State Environmental Policy Act of 1971 would require
such a statement.
3. Administrative Standards. In addition to the criteria hereinabove set forth
in this Section, the Director may from time to time promulgate additional
standards or criteria in connection with any application for a permit and
such standards and criteria shall become effective, when reduced to writing,
and filed with the City Clerk and as approved by the Department of Ecology.
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4-2508 : APPLICATION OF THE PERMIT SYSTEM TO DEVELOPMENT UNDERTAKEN PRIOR
TO JUNE l, 1971
l. Permit Required. Substantial development undertaken on the shorelines of
the City, prior to June l, 1971,shall not require a permit except under the
following circumstances:
A. Where the activity was unlawful prior to June l, 1971;
B. Where there has been an unreasonable period of dormancy in the project
between its inception and June l, 1971;
C. Where the development is not completed prior to June l, 1973;
D. Where development occurred prior to June l, 1971, on a shoreline and
continued on to a different lake, river or tributary after June l, 1971,
a permit shall be required for the substantial development undertaken
after June l, 1971.
2. Phasing. Substantial development undertaken prior to June l, 1971, shall
not continue without a permit unto other phases that were not an integral
, part of the development being followed at the time construction commenced.
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4-2509: TIME REQUIREMENTS FOR PERMITS
The following time requirements shall apply to all substantial development
permits :
l. Permit Valid. Construction or substantial progress toward construction of
a project for which a permit has been granted pursuant to this Ordinance
must be undertaken within two (2) years after the approval of the permit by
the City, or the permit shall terminate. If such progress has not been
made, a new permit shall be necessary.
2. Complete Construction. No permit authorizing construction shall extend for ,
a term of more than two (2) years. If the project for which a permit has
been granted has not been completed within two (2) years after the approval ,
of the permit, the Director shall, upon such expiration, review the permit
and upon a showing of good cause may extend the permit for a period up to
one (1) year, otherwise said permit shall terminate; provided, however, that
no permit shall be extended unless the applicant has requested such review
and extention prior to the expiration date of said permit.
3. Review Period. No construction pursuant to such permit shall begin or be
authorized and no building, grading or other construction permits or use
permits shall be issued by the Director until forty-five (45) days from
the date of final approval and grant of the permit, or until all review
proceedings are terminated if such proceedings were initiated within
forty-f ive (45) days of the date of final approval by the Director.
4-2510: RULINGS TO STATE
Any ruling on an application for a substantial development permit under authority
of this Ordinance, whether it be an approval or denial, shall concurrently with
the transmittal of the rul,ing , to the applicant, be filed with the Department
of Ecology and the Attorney General by the Director.
4-2511: ENFORCEMENT
All provisions of this Ordinance shall be enforced by the Director of Building,
and/or his designated representatives. For such purposes the Building Director
or his duly authorized representative shall have the power of a police officer.
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4-2512: RESCISSION OP PERMITS I
l. Non-compliance with Permit. Any substantial development permit issued by
the City under the terms of this Ordinance may be rescinded or suspended
by the Building Director of the City upon a finding that a permittee has
not complied with conditions of the permit.
2. Notice of Non-compliance. Such rescission and/or modification of an issued
permit shall be initiated by serving written notice of non-compliance on the
permittee which notice shall be sent by registered or certified mail, return
receipt requested, to the address listed on the application, or to such
other address as the applicant or permittee may have advised the City; or
such notice may be served on the applicant or permittee in person or his
agent in the same manner as service of Summons as provided by law.
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3. Posting. In addition to such notice, the,,�Director shall cause to have such
notice posted in three (3) public places of which one (1) posting shall be
at or within the area described in the permit. '
4. Public Hearing. Before any such permit can be rescinded or modified, a public �
hearing shall be held by the Director unless waived by the permittee no
sooner than ten (10) days following the service of notice upon the permittee.
The Director may recess or continue such hearing and publically announce the
time and place of such continued hearing in which case no further notice
shall be required. The Director shall have the power to prescribe rules
and regulations for the conduct of hearings before him; and also to issue
summons for, and compel the appearance of witnesses, and to preserve order.
The privilege of cross-examination of witnesses shall be accorded all in-
terested per�sons or their counsel in accordance with the rules of the
Director. When the Director renders a decision, he shall make and enter
written findings from the record and conclusions thereof which support his
decision and the f indings and conclusions shall set forth the manner in
which the decision is consistent with the criteria set forth in Section
2-504 of this Ordinance.
5. Final Decisione The decision of the Director shall be the final decision
of the City on all applications and the Director shall render a written
decision and transmit copies of his decision as hereinabove stated, including
the Department of Ecology, the Attorney Generalis office, the applicant,
and such other departments or boards of the City as are affected thereby
and the legislative body of the City.
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4-2513 : APPEALS �
Any person aggrieved by the granting or denying of a substantial developmen�
permit on shorelines of the City, or by the rescinding of a permit pursuant to
the provisions of this Ordinance, may seek review from the Shorelines Hearing
Board by filing a request for the same within thirty (3�) days of receipt of
the final order, and by concurrently filing copies of his request with the
Department of Ecology and the Attorney General's office as provided in Section 18
(1) of the Shorelines Management Act of 1971. A copy of any such appeal notice
shall likewise be filed with the Director and the City Clerk of the City of Renton.
4-2514: REAL PROPERTY ASSESSMENT
Al1 the restrictions imposed by this Ordinance shall be duly considered by the
King County assessor in determining and establishing the fair market value of
such affected property.
4-2515 : MASTER PROGRAM FORMULATION
l. General . The City shall formulate the Master Program as required
by the Shoreline Management Act of 1971 .
2 . Citizen' s Advisory Committee. In order to assist in the formulation
of such a Master Program, the Mayor shall appoint , with the concur-
rence of the City Council ' s Community Service Committee , a Citizen' s
Advisory Committee to consist of eleven �{_li) " members for said purpose .
The membership shall consist of a cross-section of interested and
knowledgeable persons . Six (6) members of the Committee shall
constitute a quorum to conduct business and make recommendations
but a majority of those present shall be required to make any
recommendations .
The Citizen' s Advisory Committee shall hold meetings at
least once a month at the City Hall in the City of Renton. All
meetings shall be open to the public.
The committee shall take all necessary steps , including
studies and investigations , to assist in the formulation of a
Master Program as required by the Shoreline Management Act of
1971 . All of the Committee ` s recommendations shall be in writing
and submitted to the Director. The Committee is likewise author-
ized to hold public hearings from time to time in order to achieve "
the maximum of public involvement in the formulation of the
Master �rogram.
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4-251�: PENALTIES
l. Prosecution. Any person found to have wilfully engaged in activities on I
the Cityts shorelines in violation of this ordinance or the Shoreline I
Management Act of 1971 or in violation of the CityTs master program, rules
or regulations adopted pursuant thereto, shall be guilty of a misdemeanor I
and shall be punished by a fine of not less than twenty-five dollars ($25.00) I
nor more than one th.ousand dollars ($1,000.00) or by imprisonment in the City '
jail for not more than ninety (90) days, or by both such fine and imprisonment.
2. In;junction. The City Attorney may bring such injunctive, declaratory or
other actions, as are necessary to insure that no uses are made of the
shorelines within the City in conflict with the provisions and programs of
this Ordinance or the Shoreline Management Act of 1971, and to otherwise
enforce provisions of this Ordinance and the Shoreline Management Act of 1971.
3. Public and Private Redress. Any person subject to the regulatory program
of this Ordinance who violates any provision of this Ordinance or the pro-
visions of a permit issued pursuant thereto shall be liable for all damages
to public or private property arising from such violation, including the
cost of restoring the affected area to its condition prior to such violation.
The City Attorney may bring suit for damages under this subsection on behalf
of the City. Private persons shall have the right to bring suit for damages
under this subsection on their own behalf and on behalf of all persons
similarly situated. If liability has been established for the cost of re-
storing an area affected by violation, the Court shall make provision to
assure that restoration will be accomplished within a reasonable time at
the expense of the violator. In addition to such relief, including monetary
damages, the court in its discretion may award attorneyst fees and costs
of the suit to the prevailing party.
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4-2517 : SEVERABILITY
If any provision of this Ordinance or its application to any person or circum-
stance is declared unconstitutional or invalid by any Court of competent jurisdiction,
such decision shall not affect the validity or legality of the remaining portions
of this Ordinance.
4-251�: EFFECTIVE DATE
This Ordinance shall be effective upon its passage, approval and five (5) days
after its publication, unless otherwise provided for hereinabove.
PASSED BY THE CITY COUNCIL THIS 9th DAY OF JULY , 19 7 3
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Maxin� E. Mo+�or, Dep�aty City Clerk
APPROVED BY THE MAYOR THIS 9th DAY OF ,TULy , 19 73
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very Ga ett, Mayor" �
Approved as to form:
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Gerard M. Shellan, City Attorney
. Date of Publication: July 13 , 1973