4-2-110E CONDITIONS ASSOCIATED WITH DEVELOPMENT STANDARDS TABLE FOR RESIDENTIAL ZONING DESIGNATIONS

1.    a. Phasing, shadow platting, or land reserves may be used to satisfy the minimum density requirements if the applicant can demonstrate that the current development would not preclude the provision of adequate access and infrastructure to future development and would allow for the eventual satisfaction of minimum density requirements through future development. Within the Urban Center, surface parking may be considered a land reserve.

b.    In the event the applicant can show that minimum density cannot be achieved due to lot configuration, lack of access, environmental or physical constraints, minimum density requirements may be waived.

2.    Applicable provision(s) or standard(s) are not eligible for a variance. (Ord. 5981, 10-12-2020)

3.     Within designated urban separators, clustering is required; individual lots shall not be less than ten thousand (10,000) square feet and development shall be consistent with RMC 4-3-110, Urban Separator Overlay Regulations. Outside of designated urban separators, clustering may be allowed in order to meet objectives such as preserving significant natural features, providing neighborhood open space, or facilitating the provision of sewer service. The maximum net density shall not be exceeded; except within urban separators a density bonus may be granted allowing the total density to achieve one dwelling unit per gross contiguous acre. In order for the bonus to be allowed, projects must provide native vegetation cover (either existing or new) on sixty five percent (65%) of the gross area of all parcels in the land use action, including both the area within and outside the open space corridor. In addition, projects shall provide at least one of the following:

a.    Enhancement of wetlands at a ratio of one-half (1/2) acre enhanced for one acre delineated within the urban separator pursuant to RMC 4-3-050M12b, Evaluation Criteria, and RMC 4-3-050M12c, Wetlands Chosen for Enhancement. Enhancement proposed for a density bonus may not also be used for a mitigation for other wetland alterations; or

b.    The removal of and/or bringing into conformance with Renton standards of legal nonconforming uses from the site; or

c.    Natural surface pedestrian trails with public access. The trails can be part of an adopted trail system or, where there is no planned trail system, of a configuration approved by the Community and Economic Development Administrator. In the absence of either wetlands or legal nonconforming uses on the site, public access and trails shall be provided and approved by the Community and Economic Development Administrator.

4.    Allowed Projections into Setbacks:

a.    Fireplace Structures, Windows: Fireplace structures, bay or garden windows, enclosed stair landings, and similar structures as determined by the Community and Economic Development Administrator may project twenty four inches (24") into any setback; provided, such projections are:

i.    Limited to two (2) per facade.

ii.    Not wider than ten feet (10').

b.    Fences, Rockeries, and Retaining Walls: See RMC 4-4-040, Fences, Hedges, and Retaining Walls.

c.    Steps and Decks: Uncovered steps and decks not exceeding eighteen inches (18") above the finished grade may project to any property line. Uncovered steps and decks having no roof covering and not exceeding forty two inches (42") high may be built within the front yard setback.

d.    Eaves: Eaves and cornices may project up to twenty four inches (24") into any required setback.

e.    Porches and Stoops: May project into front setbacks up to eight feet (8') and into side setbacks along a street up to five feet (5').

f.    Overhead Weather Protection:

i.    Roofs and awnings situated above pedestrian entryways may extend up to five feet (5') into a required setback and may extend no wider than three feet (3') on either side of the entryway.

ii.    Roofs or other structures providing relief from rain or sun (e.g., pergola) attached to the rear facade of the primary structure may intrude into rear yard setbacks provided such roofs shall be set back a minimum of five feet (5') from rear lot lines and shall meet the side yard setback requirement for primary structures. The height and area of such roofs shall be regulated in the same manner as detached accessory structures.

g.    Accessibility Ramps: Ramps required for barrier-free access, and meeting all Building Code requirements including slope and handrails, may intrude into required setbacks. This exemption will be limited to the extent necessary to meet the Building Code requirements.

h.    Cisterns and Rain Barrels: Rain barrels, cisterns, and other rainwater catchment systems may intrude into a required setback as follows:

i.    Elements are not permitted in the front setback.

ii.    Elements which are less than fifty four inches (54") above finished grade and contain up to six hundred (600) gallons may intrude into a side or rear setback a distance no greater than twenty percent (20%) of that setback, but must maintain at least three feet (3') of undisturbed setback.

iii.    Elements which are greater than fifty four inches (54") above finished grade or contain over six hundred (600) gallons shall not intrude upon side and rear setback requirements.

i.    Arbor, Pergola or Trellis: Allowed in required yard setbacks if they meet the following provisions:

i.    The length of any side shall not exceed twelve feet (12') and the footprint shall not exceed eighty (80) square feet, inclusive of eaves;

ii.    A maximum height from finished grade to the top of the structure of ten feet (10');

iii.    Both sides and roof shall be at least fifty percent (50%) open, or, if latticework is used, there shall be a minimum opening of two inches (2") between crosspieces.

iv.    Limited to two (2) such structures per lot.

j.    Heating, Ventilation, and Air Conditioning (HVAC) Systems: HVAC Systems may extend into any side or rear yard setback.

k.    Rooftop photovoltaic (PV) systems may project to any setback if the following provisions are met:

i.    The proposed system does not require a building permit pursuant to RMC 4-5-060E2c; and

ii.    The system is located on a legally established nonconforming single-family dwelling, accessory dwelling unit, or unit-lot townhome. (Ord. 5833, 4-3-2017; Ord. 5984, 10-26-2020; Ord. 6049, 12-13-2021; Ord. 6091, 11-28-2022)

5.    The minimum front yard and secondary front yard setback for lots that abut required turnarounds (cul-de-sacs and hammerheads) may be reduced, excluding garage setbacks, to no less than five feet (5'), subject to the following:

a.    The maximum building coverage cannot be attained without a reduction of the front yard and/or secondary front yard setback; and

b.    The setback reduction is the minimum necessary to attain the allowed building coverage; and

c.    If a setback reduction is approved under this provision the exceptions to setbacks pursuant to subsection D4 of this Section (Allowed Projections into Setbacks) shall apply unless the proposed projection is closer than five feet (5') to the property line/easement, except for eaves, which may encroach the minimum five feet (5') setback as specified in subsection D4 of this Section.

d.    The setback reduction may commence at a right angle to the point at which the right-of-way, tract or easement begins to expand to form the turnaround. (Ord. 5841, 6-12-2017)

6.    Within subdivisions, the minimum front yard and secondary front yard setback may be reduced to no less than twenty feet (20') provided the applicant can demonstrate to the Administrator’s satisfaction that the setback reduction is necessary to preserve and maintain a landmark tree within a tree protection tract, as each term is defined in RMC 4-11-200, Definitions T. An arborist report, pursuant to RMC 4-8-120D1, shall be prepared and provided to the City for review and concurrence, demonstrating that the setback reduction and project proposal serve to preserve the critical root zone of the tree within a tree protection tract. (Ord. 5841, 6-12-2017; Ord. 5867, 12-11-2017; Ord. 6076, 8-8-2022)

7.    In the R-1 zone, assisted living facilities are eligible for bonus density pursuant to RMC 4-9-065, Density Bonus Review. The maximum number of assisted living dwelling units per lot is equal to maximum net density of the zone coupled with any approved density bonus pursuant to RMC 4-9-065, Density Bonus Review.

8.    Building height shall not exceed the maximum allowed by the subject zoning district or the maximum allowed pursuant to RMC 4-3-020, Airport Related Height and Use Restrictions, whichever is less. (Ord. 6101, 12-12-2022)

9.    The allowed height of public facilities shall be determined through site plan review.

10.    Rooftop Photovoltaic (PV) Systems: Proposed rooftop solar systems that do not require a building permit pursuant to RMC 4-5-060E2c shall not be subject to the maximum height standards applied to a single-family dwelling, accessory dwelling unit, or unit-lot townhome. (Ord. 5842, 6-12-2017; Ord. 6091, 11-28-2022)

11.    Except for alley-accessed garages conforming to subsection D39 of this Section, the vehicle entry for a garage or carport shall be set back twenty feet (20') from the property line where vehicle access is provided; all other facades of a garage shall be subject to the applicable zone’s minimum setback.

12.    Roofs of Modulated Facades: Wall plates of a modulated portion of a building may exceed the maximum wall plate height if the roof surface does not exceed the ridgeline of the primary roof surface. Such facade modulations shall be no wider than ten feet (10') or twenty five percent (25%) of the building elevation, whichever is greater.

13.    If the lot abuts a single family residential zone (RC through R-14) a fifteen foot (15') setback shall be required along the abutting side(s) of the property.

14.    For plats that create lots of a size large enough to allow future division under current lot size minimums and allow the potential to exceed current density maximums, covenants shall be filed as part of the final plat requiring that future division of those lots in question must be consistent with the maximum density requirements as measured within the plat as a whole as of the time of future division, as well as the general lot size and dimension minimums then in effect.

15.    Accessory dwelling units shall not be included in density calculations.

16.    The square foot calculation shall not include porches, exterior stairs, or garages.

17.    The lot coverage of accessory dwelling units shall not be calculated towards maximum building/lot coverage. Coverage attributed to detached accessory structures, and roofs attached to the facade of the primary structure may exceed the maximum building/lot coverage allowed by five percent (5%). (Ord. 6049, 12-13-2021)

18.    Vertical Projections from Wall Plates:

a.    Roofs with a pitch equal to or greater than 4:12 may project an additional six (6) vertical feet from the maximum wall plate height. If the height of wall plates on a building are less than the stated maximum the roof may project higher to account for the difference, yet the combined height of both features shall not exceed the combined maximums (e.g., if the maximum wall plate height of a zone is twenty-four feet (24') and the wall plates of a structure are no taller than twenty feet (20'), the roof may project up to ten feet (10') instead of six feet (6')). Common rooftop features, such as chimneys, may project an additional four (4) vertical feet from a roof surface.

b.    The topmost surface of roofs pitched less than 4:12 and rooftop decks shall be below the maximum wall plate height unless such surfaces are stepped back one and one-half (1.5) horizontal feet from each minimum building setback line for each one vertical foot above the maximum wall plate height, in which case they may extend up to six (6) vertical feet above the maximum wall plate height. Deck enclosures (i.e., railings) located above the maximum wall plate height and not stepped back shall be constructed of transparent tempered glass or its equivalent, as determined by the Administrator. (Ord. 5841, 6-12-2017)

19.    Shed Roofs: Wall plates supporting a primary roof surface that has only one sloping plane (e.g., shed roof) may exceed the stated maximum if the average of wall plate heights is equal to or less than the maximum wall plate height allowed.

20.    Reserved. (Ord. 6048, 12-13-2021)

21.    The Community and Economic Development Administrator or designee may modify this provision through the site development plan review process where it is determined that specific portions of the required on-site perimeter landscaping strip may be developed and maintained as a usable public open space with an opening directly to a public entrance.

22.    Corner lots required to have a front yard and a secondary front yard are relieved of the requirement to have a rear yard; in place of a rear yard setback, the side yard setback of the zone shall apply. (Ord. 5841, 6-12-2017)

23.    Reserved.

24.    Reserved.

25.    Reserved.

26.    Reserved.

27.    Reserved.

28.    For lots created after November 10, 2004.

29.    A density bonus may be granted for developments that satisfy the criteria and standards of RMC 4-9-065, Density Bonus Review.

30.     Minimum density requirements shall not apply to the renovation or conversion of an existing structure. Additionally, in the R-l zone only, minimum density requirements shall not apply to the subdivision or development of a legal lot one-half (1/2) gross acre or less in size as of March 1, 1995.

31.     In order to meet the variation requirements of RMC 4-2-115, lot dimensions and setbacks are allowed to be decreased and/or increased; provided, that when averaged the applicable lot standards of the zone are met. The minimum front and rear yard setback reduction shall be limited to two and one-half feet (2.5') or ten percent (10%), whichever is greater. The minimum lot width and lot area reduction shall be limited to ten percent (10%) of the lot width and lot area of the zone. The variation requirements of RMC 4-2-115 do not require variations to the lot depth requirements; therefore the averaging provision is not applicable to the minimum lot depth requirements. (Ord. 5841, 6-12-2017)

32.    In order to ensure compliance with Tier 1 requirements for Tree Preservation Priority, pursuant to RMC 4-4-130H2a, lot size and lot dimensions of the zone may be decreased by a maximum of ten percent (10%), provided the applicant can demonstrate to the Administrator’s satisfaction that the reduction is necessary to ensure the preservation of all significant trees, as defined in RMC 4-11-200, required for retention within dedicated tract(s), pursuant to RMC 4-4-130H1a, Minimum Tree Retention Requirements. (Ord. 5842, 6-12-2017; Ord. 6076, 8-8-2022)

33.    In the R-4 zone, the following exceptions apply:

a.    When parking is provided in the rear yard of the lot with access from a public right-of-way or alley the minimum front yard shall be twenty feet (20').

b.    The Administrator may reduce the setback by a maximum of fifty percent (50%) of the required setback when all of the following conditions apply:

i.    The setback that was required at the time of initial construction was less than the current requirement;

ii.    A reduced setback is appropriate given the character of the immediate neighborhood; and

iii.    There are no other alternative locations that can reasonably accommodate the request without encroaching into a setback.

34.    For short plats of parcels smaller than one acre, one parcel may be allowed to be smaller than the required minimum lot size indicated in subsection A of this Section, Residential Development Standards. If all other parcels meet the required minimum lot size standard of the zone, one parcel may be allowed to meet the following reduced minimum lot size (not applicable for cluster development):

a.    R-4: Eight thousand (8,000) square feet.

b.    R-6: Six thousand two hundred fifty (6,250) square feet.

c.    R-8: Four thousand five hundred (4,500) square feet. (Ord. 5841, 6-12-2017)

35.    Reserved.

36.    For parcels that are in designated urban separators in the R-1 zone, up to one unit per gross acre may be permitted subject to conditions in RMC 4-3-110, Urban Separator Overlay Regulations.

37.    Reserved.

38.    For parcels in the R-8 zone, the maximum density shall be six (6) dwelling units per net acre when alleys are not part of the proposed or existing street configuration, and alleys are considered practical, as specified in RMC 4-7-150E5, Alley Access.

39.    In the R-8, R-10, R-14, and RMF zones: In addition to the applicable yard setback requirements of the zone and to ensure adequate vehicular maneuvering area, garages and carports that are accessed through alleys shall be set back as follows:

a.    Nine-foot (9') garage doors shall be at least twenty six feet (26') from the back edge of the alley; or

b.    Sixteen-foot (16') garage doors shall be at least twenty four feet (24') from the back edge of the alley. (Ord. 6090, 11-28-2022)

40.    For the purpose of calculating maximum unit size only, the square foot calculation shall not include porches or exterior stairs. Garages attached to accessory dwellings shall be included in the square foot calculation, except for when the entirety of the living area is located above a garage.

41.    Conversion of accessory buildings to ADUs shall be exempted from the relevant development regulations if the accessory building was constructed prior to January 1, 2020. However, modifications made to accessory buildings after January 1, 2020, that would increase the nonconformance of the proposed conversion are ineligible from such exemptions.

42.    ADUs built using City-produced preapproved ADU base plans may exceed the wall plate height of the primary structure by four feet (4') and may be allowed an additional height allowance upon application and approval of a modification pursuant to RMC 4-9-250. Applicant-produced ADU plans seeking to exceed the wall plate height of the primary structure may be allowed upon application and approval of a modification pursuant to RMC 4-9-250.

(Amd. Ord. 4963, 5-13-2002; Ord. 5100, 11-1-2004; Ord. 5132, 4-4-2005; Ord. 5153, 9-26-2005; Ord. 5306, 9-17-2007; Ord. 5355, 2-25-2008; Ord. 5383, 6-2-2008; Ord. 5473, 7-13-2009; Ord. 5518, 12-14-2009; Ord. 5528, 3-8-2010; Ord. 5531, 3-8-2010; Ord. 5573, 11-15-2010; Ord. 5590, 2-28-2011; Ord. 5650, 12-12-2011; Ord. 5676, 12-3-2012; Ord. 5726, 10-20-2014; Ord. 5744, 1-12-2015; Ord. 5749, 1-12-2015; Ord. 5759, 6-22-2015; Ord. 5790, 4-25-2016; Ord. 5791, 4-25-2016; Ord. 5798, 4-25-2016; Ord. 5960 (Att. C), 12-9-2019; Ord. 6002, 12-14-2020)