Section 4-2-050

4-2-050 PERMITTED LAND USES ESTABLISHED:

A. CATEGORIES OF USES ESTABLISHED:

This Section establishes permitted, conditional, accessory and prohibited uses, by zone, for all properties within the Renton City Limits. All uses in a given zone are one of six (6) types:

PERMITTED USES: Land uses allowed outright within a zone as a principal use. Permitted uses are distinct from other uses listed separately in RMC 4-2-060, Zoning Use Table – Uses Allowed in Zoning Designations and/or as defined.

CONDITIONAL USES (ADMINISTRATIVE): Land uses which may be permitted as a principal use within a zoning district following review by the Administrator to establish conditions mitigating impacts of the use and to assure compatibility with other uses in the district.

CONDITIONAL USES (HEARING EXAMINER): Land uses with special characteristics that may not generally be appropriate within a zoning district, but may be permitted as a principal use subject to review by the Hearing Examiner to establish conditions to protect public health, safety and welfare.

ACCESSORY USES: Uses customarily incidental and subordinate to a principal use and located within the same structure as the principal use or otherwise upon the same site occupied by a principal use. Some accessory uses are specifically listed, particularly where a use is only allowed in an accessory form, whereas other accessory uses are determined by the Administrator on a case-by-case basis per RMC 4-2-050C4 and C6, Accessory Use Interpretations and Unclassified Uses.

PROHIBITED USES: Any use which is not specifically enumerated or interpreted by the City as allowable in that district. Any use not specifically listed as a permitted, conditional, or accessory use is prohibited, except those uses determined to be unclassified and permitted by the Administrator pursuant to RMC 4-2-050C6. Any prohibited use is illegal and is a misdemeanor punishable under RMC 1-3-1, Penalties.

UNCLASSIFIED USE: A use which does not appear in a list of permitted, conditionally permitted, or accessory uses, but which is interpreted by the Administrator as similar to a listed permitted, conditionally permitted or accessory use, and not otherwise prohibited, pursuant to RMC 4-2-050C6, Unclassified Uses. (Ord. 5159, 10-17-2005; Ord. 5356, 2-25-2008)

B. ZONING USE TABLES ESTABLISHED:

The following tables establish whether a specific use is permitted in a zoning district and whether the use is allowed as “permitted,” “conditional,” or “accessory” use. The zone is located on the horizontal row and the specific use is located on the vertical column of these tables.

C. INTERPRETATION OF ZONING USE TABLES:

1. Legend: The following letters have the following meanings when they appear in the box at the intersection of the column and the row:

P	Permitted Use
AD	Conditional Use – Administrative
H	Conditional Use – Hearing Examiner
AC	Accessory Use

2. Other Requirements Applicable: The above uses are subject to the review procedures specified in chapter 4-9 RMC, Permits – Specific, the development standards of chapters 4-3, Environmental Regulations and Overlay Districts, 4-4, City-Wide Property Development Standards, and 4-6, Street and Utility Standards, and may be subject to additional conditions as noted in subsection C3 of this Section. The Aquifer Protection Regulations of RMC 4-3-050, Critical Areas Regulations, further restrict usage of those properties located within the Aquifer Protection Area Boundary shown in RMC 4-3-050Q, Maps.

3. Additional Use-Related Conditions: If a number also appears at the intersection of the column and the row, the use is also subject to the additional requirements as listed immediately following the use table in RMC 4-2-080, Conditions Associated with Zoning Use Tables. All applicable requirements shall govern a use whether specifically identified in this Chapter or not.

4. Accessory Use Interpretations: The Administrator shall determine if an unclassified use or a classified use, even if not specifically listed as accessory (AC), is permitted as an accessory use in a zone. Upon written application by an applicant, an administrative interpretation shall be made by the Administrator to determine if a proposed use is allowed as an accessory use utilizing the rules of interpretation in subsection C4a of this Section. If the applicant does not concur with the interpretation of whether a use is accessory or with the permit type applied to a use, appeal may be made pursuant to RMC 4-8-110, Appeals. Interpretations made by the Administrator shall be documented, and updates to Title 4, when consistent with the title format and level of detail, shall incorporate “accessory use” interpretations upon approval by the legislative authority.

a. Rules of Interpretation for Accessory Uses: To determine whether a use is permitted as accessory, the Administrator shall utilize the following rules of interpretation:

i. If a use is allowed or conditionally allowed in a zone as a “permitted” use, accessory uses associated with the primary use that are determined to be incidental, necessary and commonly found with the permitted use may be allowed with the same permit type as the primary use, unless specifically stated otherwise.

ii. If a use is permitted or conditionally permitted as a primary use, subject to location restrictions, the listed use, even as an accessory use, is also subject to the same location restrictions as the primary use, unless specifically stated otherwise. For example, if a use is restricted to a location within the Employment Area (EA) land use designation, then the accessory form of the use is only permitted in the EA, unless specifically stated otherwise.

iii. Required parking, required site utilities/facilities, and other development standards required in order to establish or operate a use on a site according to the RMC are considered accessory.

5. Prohibited Uses: If no symbol appears in the box at the intersection of the column and the row, the use is prohibited in that district unless otherwise determined by the Administrator, pursuant to subsection C6 of this Section, Unclassified Uses, or subsection C4, Accessory Use Interpretations.

6. Unclassified Uses: Upon written application by an applicant, an administrative interpretation shall be made by the Administrator to determine if a proposed use, not specifically listed, is allowed utilizing the criteria in subsection C6a of this Section. Should interpretation be made that a proposed, unlisted use not be allowed in a specific zoning district, the Administrator shall indicate which zones, if any, do permit the use subject to locational restrictions and development standards. If the Administrator’s interpretation indicates that an unlisted use is not consistent with the permitted, conditional or accessory uses in any district, or if a party does not concur with the permit type applied to a use, appeal may be made to the City’s Hearing Examiner pursuant to RMC 4-8-110, Appeals. Interpretations made by the Administrator shall be documented, and Title 4 shall be updated to respond to “unclassified use” interpretations made by the Administrator.

a. Criteria for Unclassified Uses: In order to make a determination that an unclassified use is permitted, conditionally permitted or accessory, the Administrator must find that the use is:

i. In keeping with the purpose and intent of the zone, and consistent with the Renton Comprehensive Plan policies and other adopted plans as may be applicable; and

ii. Similar to, and no more intense than, a specifically listed permitted, conditional or accessory use; and

iii. Consistent with subsection C4 of this Section, if determined to be permissible as an accessory use.

7. Use Table Conflicts: In the event of a conflict between RMC 4-2-060, the Master Zoning Use Table and any other individual zoning use tables, RMC 4-2-070A through 4-2-070S, the provisions of RMC 4-2-060 shall have priority.

8. Existing Legal Nonconforming Uses: Where the term “existing” follows a listed use type within the table(s) (e.g., horticulture nurseries, existing), then those who can document that their nonconforming uses were legal at the time the nonconforming uses were established will be permitted to continue those nonconforming uses 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.

(Ord. 4523, 6-5-1995; Ord. 4549, 8-21-1995, 2-12-1996; Ord. 4587, 3-18-1996; Ord. 4595, 4-8-1996; Ord. 4851, 8-7-2000; Ord. 4782, 5-24-1999; Ord. 4963, 5-13-2002; Ord. 5647, 12-12-2011; Ord. 5759, 6-22-2015; Ord. 5996, 12-14-2020; Ord. 6019, 6-14-2021; Ord. 6026, 9-20-2021)