4-9-030 CONDITIONAL USE PERMITS:

A. PURPOSE:

The purpose of this Section is to set forth procedures and criteria for reviewing Conditional Use Permit applications. Conditional Use Permits allow for review of certain uses with special characteristics that may not generally be appropriate within a zoning district, but may be permitted subject to conditions and mitigation measures that protect public health, safety and welfare and ensure compatibility with other uses in the district. (Ord. 5965, 3-2-2020)

B. APPLICABILITY:

Except for Shoreline Conditional Uses per RMC 4-9-190, Shoreline Permits, the provisions of this Section shall apply to all Conditional Use Permit applications. No existing building or structure shall be converted to a conditional use unless such building or structure complies, or is brought into compliance, with the provisions of this Section. (Ord. 5965, 3-2-2020)

C. REVIEW AUTHORITY:

1. General: RMC 4-2-050C explains how to interpret the Zoning Use Tables. Uses identified with an “AD” (Conditional Use – Administrative) in RMC 4-2-060, Zoning Use Table, shall be reviewed administratively by the Community and Economic Development Administrator while uses identified with an “H” (Conditional Use – Hearing Examiner) shall require a public hearing and review by the Hearing Examiner.

2. Exception when Significant Concerns Remain: In cases where the Administrator and/or the Environmental Review Committee determines that there are significant unresolved concerns raised by a proposal that would otherwise be reviewed administratively, the Administrator and/or the Environmental Review Committee may issue a determination that a public hearing and Hearing Examiner review is required. Such determination may be appealed to the Hearing Examiner pursuant to RMC 4-8-110E. (Ord. 5676, 12-3-2012; Ord. 5965, 3-2-2020)

D. DECISION CRITERIA:

Except for wireless communication facilities and increases to maximum height and/or density, the Administrator or the Hearing Examiner shall consider, as applicable, the following factors for applications: (Ord. 5675, 12-3-2012)

1. Consistency with Plans and Regulations: The proposed use shall be compatible with the general goals, objectives, policies and standards of the Comprehensive Plan, the zoning regulations and any other plans, programs, maps or ordinances of the City of Renton.

2. Appropriate Location: The proposed location shall not result in the detrimental overconcentration of a particular use within the City or within the immediate area of the proposed use. The proposed location shall be suited for the proposed use.

3. Effect on Adjacent Properties: The proposed use at the proposed location shall not result in substantial or undue adverse effects on adjacent property.

4. Compatibility: The proposed use shall be compatible with the scale and character of the neighborhood.

5. Parking: Adequate parking is, or will be made, available.

6. Traffic: The use shall ensure safe movement for vehicles and pedestrians and shall mitigate potential effects on the surrounding area.

7. Noise, Light and Glare: Potential noise, light and glare impacts from the proposed use shall be evaluated and mitigated.

8. Landscaping: Landscaping shall be provided in all areas not occupied by buildings, paving, or critical areas. Additional landscaping may be required to buffer adjacent properties from potentially adverse effects of the proposed use.

9. Specific Requirements for Kennels and Pet Day Cares: In addition to the criteria above, the following criteria shall also be considered for kennel and pet day care applications:

a. History: Past history of animal control complaints relating to the applicant’s dogs and cats at the address for which the kennel and/or pet day care is located or to be located. Conditional Use Permits shall not be issued for kennels or pet day cares to applicants who have previously had such permits revoked or renewal refused, for a period of one year after the date of revocation or refusal to renew.

b. Standards for Keeping Animals: The applicant or facility owner shall comply with the requirements of RMC 4-4-010, Animal Keeping and Beekeeping Standards. (Ord. 5837, 6-12-2017)

10. Specific Requirements for Secure Community Transition Facilities (SCTF), Crisis Diversion Facilities (CDF) and Crisis Diversion Interim Service Facilities (CDIS): In addition to the criteria in subsections D1 through D8 of this Section, the following criteria shall be considered for secure community transition facilities, crisis diversion facilities, and interim service facilities:

a. Whether alternative locations were reviewed and consideration was given to sites that are farthest removed from any risk potential activity;

b. Whether adequate buffering is provided from abutting and adjacent uses;

c. Whether adequate security is demonstrated by the applicant;

d. Whether public input was provided during the site selection process; and

e. For SCTF there is no resulting concentration of residential facility beds operated by the Department of Corrections or the Mental Health Division of the Department of Social and Health Services, the number of registered sex offenders classified as Level II or Level III, and the number of sex offenders registered as homeless in a particular neighborhood, community, jurisdiction or region.

11. Specific Requirements for Live-Work Units: In addition to the criteria in subsections D1 through D8 of this Section and the development standards of the zone where the unit(s) is proposed, the following criteria shall be considered:

a. Each unit shall:

i. Not exceed a maximum of one thousand (1,000) square feet of nonresidential space for commercial activity;

ii. Include all nonresidential space, to the maximum allowed, constructed to commercial building standards;

iii. Provide an internal connection between the residential and nonresidential space within each unit; and

iv. Provide a street presence and pedestrian-oriented facade for the nonresidential space.

b. Only the following uses are allowed within the nonresidential space of a unit:

i. Eating and drinking establishments;

ii. On-site services; and

iii. Retail sales.

c. Within the Residential-14 (R-14) Zone, live-work units shall only be allowed along primary, minor, and collector arterials.

d. Within the Commercial Arterial (CA) Zone, live-work units shall only be allowed at a distance of one hundred fifty feet (150') or greater from an arterial. (Ord. 5841, 6-12-2017; Ord. 5965, 3-2-2020)

E. DECISION CRITERIA – WIRELESS COMMUNICATION FACILITIES:

1. Decision Criteria: In lieu of the criteria in subsection D of this Section, Decision Criteria, the following criteria in subsections E1a through i of this Section shall be considered in determining whether to issue a conditional use permit for a wireless communication facility (WCF) except a small cell facility; however, the Administrator may waive or reduce the burden on the applicant of one or more of these criteria if the Administrator concludes that the goals of RMC 4-4-140, Wireless Communication Facilities, are better served by the applicant’s proposal. In lieu of the criteria in subsection D of this Section, Decision Criteria, the following criteria in subsections E1a through d and f of this section shall be considered in determining whether to issue an administrative conditional use permit for a small cell facility; however, the Administrator may waive or reduce the burden on the applicant of one or more of these criteria if the Administrator concludes that the goals of RMC 4-4-140, Wireless Communication Facilities, are better served by the applicant’s proposal:

a. Height and Design: The height of the proposed tower and/or antenna as well as incorporation of design characteristics that have the effect of reducing or eliminating visual obtrusiveness.

b. Proximity to Surrounding Uses: The nature of uses on adjacent and nearby properties and the proximity of the tower and/or antenna to residential structures and residential district boundaries.

c. Nature of Surrounding Uses: The nature of uses on adjacent and nearby properties. The proposed use at the proposed location shall not result in substantial or undue adverse effects on adjacent property.

d. Topography and Vegetation: The surrounding topography and tree canopy coverage.

e. Ingress/Egress: The proposed ingress and egress.

f. Impacts: The potential noise, light, glare, and visual impacts.

g. Collocation Feasibility: The availability of suitable existing towers and other structures to accommodate the proposal.

h. Consistency with Plans and Regulations: The compatibility with the general purpose, goals, objectives and standards of the Comprehensive Plan, this Title, and any other City plan, program, map or ordinance.

i. Landscaping: Additional landscaping may be required to buffer adjacent properties from potentially adverse effects of the proposed use. (Ord. 5675, 12-3-2012)

2. Revisions to Conditional Use Permits for Wireless Communication Facilities: In lieu of the criteria in RMC 4-9-030G, Major and Minor Revisions, the following criteria shall be considered in determining whether a proposed alteration to a wireless communication facility, including a small cell facility, constitutes a major or minor revision to a previously approved conditional use permit:

a. Major Revision: A proposed major alteration to an existing WCF tower, as defined by RMC 4-4-140E, Alteration of Existing Tower, shall be deemed a major revision. Major revisions to an approved Conditional Use Permit shall require a new application. For major revisions that, due to extraordinary circumstances, would result in a highly unreasonable and unconscionable burden on the applicant or permit holder, if the applicant or permit holder were required to go through a new application process, the Administrator may permit the major revision to be treated as a minor revision.

b. Minor Revision: A proposed minor alteration to an existing WCF tower, as defined by RMC 4-4-140E, Alteration of Existing Tower, shall be deemed a minor revision. Minor revisions may be permitted by an administrative determination. (Ord. 5746, 1-12-2015; Ord. 5876, 1-22-2018; Ord. 5965, 3-2-2020)

F. DECISION CRITERIA – HEIGHT INCREASES:

In lieu of the criteria in subsection D of this Section, Decision Criteria, the following criteria in subsections F1 through 5 of this Section shall be considered in determining whether to issue a conditional use permit to exceed the maximum height allowed when indicated as an option in the development standards for the particular zone:

1. Comprehensive Plan: The proposed height increase shall be compatible with the general purpose, goals, objectives and standards of the Comprehensive Plan, the zoning regulations and any other plan, program, map or regulation of the City.

2. Effect on Abutting and Adjacent Properties: Building heights shall not result in substantial or undue adverse effects on adjacent and abutting property. When a building in excess of the maximum height is proposed adjacent to or abutting a lot with a maximum height less than the subject property, increased setbacks and/or step-backs may be appropriate to reduce adverse effects on adjacent or abutting property.

3. Bulk and Scale: Upper floor step-backs, varied tower heights with separation, and/or other architectural methods shall be integrated into the design to provide a human-scaled building edge along the street with access to sky views. Bulk reduction methods such as varied building geometry, variety in materials, texture, pattern or color, architectural rooftop elements, and/or other techniques shall be provided.

4. Light and Glare: Building(s) shall be designed so that light and glare impacts upon streets, public facilities, and public open spaces are minimized.

5. Shade and Shadow: Building(s) shall be designed so that shade and shadow impacts on adjacent shadow-sensitive uses (e.g., residential, outdoor restaurants, open spaces, and pedestrian areas) are minimized. (Ord. 5965, 3-2-2020)

G. DECISION CRITERIA – DENSITY INCREASES:

In lieu of the criteria in subsection D of this Section, Decision Criteria, the following criteria in subsections G1 through 5 of this Section shall be considered in determining whether to issue a conditional use permit to exceed the maximum net residential density allowed when indicated as an option in the development standards for the particular zone:

1. Comprehensive Plan: The proposed density increase shall be compatible with the general purpose, goals, objectives and standards of the Comprehensive Plan, the zoning regulations and any other plan, program, map or regulation of the City.

2. Location: The surrounding street network contains sufficient capacity to accommodate pedestrian and vehicle traffic. Public transit shall be accessible to residents.

3. Diverse Unit Mix: The development shall not be limited to studio and/or one-bedroom units and shall provide a mix of bedroom counts to accommodate families with more than two (2) members.

4. Light and Air: Units shall provide adequate access to light and air. Units shall abut the building’s exterior walls and contain windows.

5. Parking: The development shall provide adequate parking for residents and guests. (Ord. 5965, 3-2-2020)

H. DECISION CRITERIA – ACCESSORY DWELLING UNIT (ADU) OWNER OCCUPANCY EXEMPTION:

In addition to the criteria in subsection D of this Section, Decision Criteria, the following criteria in subsections H1 through H5 of this Section apply to an ADU application seeking an exemption from owner occupancy requirements:

1. New Construction: As a condition of approval, both the primary dwelling and ADU must be new construction. Building permit review for the primary dwelling and ADU shall be submitted simultaneously.

2. Maintenance Bond: As a condition of approval, the person or persons holding title to the property shall execute a maintenance bond to ensure the property owner remains responsible for continued maintenance of dwellings, on-site landscaping, and other site maintenance as determined by the Administrator.

3. Quantity: There shall be a minimum of two (2) lots each with a primary structure and an ADU. The two lots shall be abutting unless otherwise approved as part of a plat application.

4. Affordability: Fifty percent (50%) of the total units shall be designated as and remain affordable at sixty percent (60%) of the area median income (AMI).

The property owner/applicant shall demonstrate experience and/or ability to provide affordable housing and identify a third-party entity who will document compliance with the affordable housing requirements for annual reporting. Within thirty (30) days after the first anniversary of the issuance the Certificate of Occupancy and each year thereafter for thirty (30) years, the applicant/owner shall file an annual report with the Administrator. The report shall contain such information as the Administrator may deem necessary or useful, and shall at a minimum include the following information:

a. A certification that the project has been in compliance with the affordable housing requirements since the City issued the project’s certificate of occupancy and that the project continues to be in compliance with the contract entered into with the City per subsection H5 and with the requirements of this subsection;

b. The number of dwellings sold during the twelve (12) months ending with the anniversary date;

c. The total sale amount of each affordable housing unit for households at or below sixty percent (60%) of the area median income sold during the twelve (12) months ending with the anniversary date, as applicable;

d. The income of each purchaser (at the time of purchase) of an affordable housing unit for households at or below sixty (60%) percent of median income during the twelve (12) months ending with the anniversary date, as applicable; and

e. Documentation that a third-party entity has monitored the project’s compliance with the non-owner occupancy exemption, including but not limited to the affordable housing requirements.

5. Contract: If the conditional use permit is approved, the applicant/owner shall enter a contract with the City, approved by the Administrator, regarding the terms and conditions of this project under this subsection H. The contract shall be executed and recorded against the subject real property at the applicant/owner’s expense before the issuance of the certificate of occupancy. If the applicant/owner fails to timely execute and record the contract the CUP shall be revoked and onsite owner occupancy shall be required. (Ord. 5960, 12-9-2019; Ord. 5965, 3-2-2020)

I. DECISION CRITERIA – ACCESSORY DWELLING UNIT (ADU) AND NON-RESIDENTIAL USES:

In addition to the criteria in subsection D of this Section, Decision Criteria, the following criteria in subsections I1 through I2 of this Section apply to the use of ADUs when accessory to a principal building actively operated with a nonresidential use by a religious institution or social service organization.

If the property owner is unable or unwilling to fulfill the requirements below, or if a change of use is proposed that would result in nonconformity, then the owner will remove those features of the accessory dwelling unit that make it a dwelling unit; as determined by the Administrator.

1. Affordability: ADUs must be reserved for income-restricted affordable housing, as defined by RMC 4-11-010, Definitions A. The affordable housing development must be used exclusively for affordable housing purposes for at least fifty (50) years or the life of the development.

2. Notice(s) on Property Title: The applicant/property owner shall be required to record the following notices on the property title:

a. Summary detailing the terms of the affordability requirement, as directed by the Administrator.

b. Compliance with all applicable fair housing regulations and antidiscrimination laws, including but not limited to the federal Fair Housing Act and Washington State Human Rights Commission regulations, and tenant protection ordinances shall be followed. (Ord. 6046, 12-13-2021)

J. PROCEDURES:

1. General: Applications shall be reviewed in accordance with chapter 4-8 RMC, Permits – General and Appeals.

2. Pre-application Conference: Applicants are encouraged to consult early and informally with representatives of the Planning Division and other affected departments.

3. Submittal Requirements and Application Fees: Submittal requirements shall be as listed in RMC 4-8-120C, Land Use Permit Submittal Requirements, as it exists or may be amended.

4. Public Notice and Comment Period Required: Whenever a complete application is received, the Planning Division shall be responsible for providing public notice of the pending application, pursuant to RMC 4-8-090, Public Notice Requirements, as it exists or may be amended.

5. Determining Necessity for Public Hearing: Upon receipt of the final departmental comments and after the close of the public comment period, the Administrator and/or the Environmental Review Committee shall determine the necessity for a public hearing pursuant to subsection C2 of this Section. (Ord. 5676, 12-3-2012)

6. Administrative Approvals: For projects not requiring a public hearing, the Administrator shall take action on the proposed Conditional Use Permit in accordance with the procedures in RMC 4-8-100, as it exists or may be amended. (Ord. 5676, 12-3-2012)

7. Hearing Process and Examiner Authority: For projects requiring a public hearing, the Hearing Examiner shall take action in accordance with the procedures in RMC 4-8-100, Application and Decision – General, as it exists or may be amended.

8. Decision and Conditions: The Administrator may grant a Conditional Use Permit, with or without conditions, or deny the requested Conditional Use Permit. The Administrator or Hearing Examiner shall have authority to grant the Conditional Use Permit upon making a determination, in writing, that the use is consistent with the applicable decision criteria in this Section. The Administrator or Hearing Examiner may require additional setbacks, fencing, screening, soundproofing, public improvements or any other appropriate measures necessary to ensure compatibility with the surrounding neighborhood, and may specify the term and duration of the Conditional Use Permit. Conditions imposed by the Administrator or Hearing Examiner shall reasonably assure that nuisance or hazard to life or property will not develop. (Ord. 5867, 12-11-2017)

9. Timeline to Apply for Associated Permits: Building permits, licenses or land use permits required for the operation of a Conditional Use Permit shall be applied for within two (2) years of the date of Conditional Use Permit approval, unless an extended time frame is granted by the Administrator or Hearing Examiner. A single two (2) year extension may be granted for good cause by the Administrator. (Ord. 5675, 12-3-2012; Ord. 5867, 12-11-2017; Ord. 5876, 1-22-2018; Ord. 5965, 3-2-2020; Ord. 6046, 12-13-2021)

K. MAJOR AND MINOR REVISIONS:

1. Major Revisions: Major revisions to an approved Conditional Use Permit shall require a new application. For major revisions that due to extraordinary circumstances would result in a highly unreasonable and unconscionable burden on the applicant or permit holder, if the applicant or permit holder was required to go through a new application process, the Administrator may permit the major revision to be treated as a minor revision. (Ord. 5676, 12-3-2012)

2. Minor Revisions: Minor revisions may be permitted by an administrative determination if the revision does not:

a. Involve more than a ten percent (10%) increase in area or intensity of the use; or

b. Result in any significant environmental impact not adequately reviewed or mitigated by previous documents; or

c. Expand onto property not included in original proposal. (Ord. 5644, 12-12-2011; Ord. 5876, 1-22-2018; Ord. 5965, 3-2-2020; Ord. 6046, 12-13-2021)