Chapter 4
CITY-WIDE PROPERTY DEVELOPMENT STANDARDS

CHAPTER GUIDE: Chapter 4-4 contains regulations and standards governing site development of property City-wide, such as parking, landscaping, fencing, and others. This Chapter does not contain procedural information. Related permit processes (e.g., hobby kennel license, parking modification, routine vegetation management permit, grading, excavation and mining permits, etc.) are located in chapters 4-8 and 4-9 RMC.

This Chapter last amended by Ord. 5413, OCtober 13, 2008.

4-4-010 STANDARDS AND REVIEW CRITERIA FOR KEEPING ANIMALS:

A. PURPOSE AND INTENT:

Animal owners keep their animals for a variety of reasons including, but not limited to, companionship, affection and protection. The regulations in this section set standards intended to require that the keeping of animals occurs in a humane and appropriate manner that benefits the animals and allows animals to coexist harmoniously with adjacent and abutting uses.

B. APPLICABILITY:

The keeping of household pets and/or domestic animals up to the maximum number allowed in this Section and/or RMC 4-9-100, Additional Animals Permit, by an owner/tenant for the purpose of enjoyment is permitted outright as an accessory use to residential or commercial use subject to the requirements of this Section and RMC 4-5-050A, Accessory Use. Household pets and/or domestic animals must not become a nuisance (RMC 1-3-3) or create a public disturbance (RMC 8-7-3). The keeping of animals shall be consistent with the standards in this chapter.

C. AUTHORITY:

1. Responsibility: Interpretation regarding responsibility will be determined administratively; responsibility for enforcement of the provisions of this Section shall be as follows:

a. Animal Control Officer: All those matters related to care, maintenance, and individual licensing.

b. Development Services Division: All those matters concerning land use and zoning.

D. NUMBER OF ANIMALS ALLOWED:

1. Household Pets: Three (3) household pets may be kept per single family residence, residential unit, or commercial building. On single family residential lots that are larger than twenty thousand (20,000) gross square feet, one additional household pet may be kept per additional ten thousand (10,000) gross square feet in lot size. The keeping of four (4) or more dogs and/or cats shall always require obtainment of an Additional Animals Permit (RMC 4-9-100) or a Conditional Use Permit for a Kennel (RMC 4-9-030).

2. Domestic Animals: Domestic animals, as defined in RMC 4-11-010A, are allowed to be kept in residential zoning designations. All domestic animals must be kept outdoors and confined in a dedicated shelter, pen, and/or open-run area. Small lot domestic animals, as defined in RMC 4-11-010A, may be kept in addition to household pets, medium lot domestic animals, as defined in RMC 4-11-010A, and/or large lot domestic animals, as defined in RMC 4-11-010A. When the total number of any combination of medium lot domestic animals, large lot domestic animals, and/or household pets at the property is greater than four (4) total animals, an Additional Animals Permit (RMC 4-9-100) shall be required. The specified minimum lot sizes are absolute requirements; variances, waivers, and/or modifications (RMC 4-9-250) may not be granted.

a. Two (2) large lot domestic animals may be kept on lots that are at least one gross acre in size. On lots that are larger than one gross acre, one (1) additional large lot domestic animal may be kept per additional twenty thousand (20,000) gross square feet in lot size.

b. Two (2) medium lot domestic animals may be kept on lots that are at least twelve thousand five hundred (12,500) gross square feet in size. On lots that are larger than twelve thousand five hundred (12,500) gross square feet, one (1) additional medium lot domestic animal may be kept per additional seven thousand five hundred (7,500) gross square feet in lot size.

c. Three (3) small lot domestic animals may be kept on lots that are at least six thousand (6,000) gross square feet in size. On lots that are larger than six thousand (6,000) gross square feet, one (1) additional small lot domestic animal may be kept per additional two thousand (2,000) gross square feet in lot size.

E. KEEPING GREATER NUMBER OF ANIMALS THAN ALLOWED:

1. Greater numbers of animals than allowed in RMC 4-4-010D may be allowed subject to an Additional Animals Permit (RMC 4-9-100).

2. Occasional breeders are permitted to keep a greater number of animals than allowed on a temporary basis, not to exceed one hundred twenty (120) days when those animals are less than one hundred twenty (120) days old.

3. Animal foster care providers shall be allowed to keep a greater number of household pets than permitted outright, provided they obtain an Additional Animals Permit.

F. HOME OCCUPATIONS:

The keeping of household pets or domestic animals for the purposes of sale, boarding, or any for-profit venture in all residential and mixed-use zones requires a Home Occupation Permit, RMC 4-9-090. Any owner/tenant who keeps household pets and/or domestic animals and sells any animal-related product, made from or produced by their household pets and/or domestic animals, shall be required to obtain a Home Occupation Permit, RMC 4-9-090. Keeping animals for commercial purposes that exceed the standards of a home occupation accessory use requires approval pursuant to RMC 4-2-060, Uses Allowed in Zoning Designations.

G. GENERAL STANDARDS FOR KEEPING ANIMALS:

1. Shelter Location: Shelters, pens, and permanent/temporary kennel structures shall be located a minimum of ten feet (10') from any property line and in the rear yard unless the Development Services Division, based upon information provided by an owner/tenant, determines that a side yard would be a better location. Private barns and stables shall be located a minimum of fifty feet (50') from any property line. Barns and stables may not be located in attached garages or carports.

2. Confinement: All animals shall be kept and maintained in a manner which confines their movement and activity to the premises of the owner/tenant.

a. Dog-runs, open-run areas, and permanent/temporary kennel structures shall be surrounded by a fence of adequate height, located a minimum of ten feet (10') from any property line, and located in the rear yard unless the Development Services Division, based upon information provided by an owner/tenant, determines that a side yard would be a better location. Electric and barbed wire fences may be used, provided the conditions of RMC 4-4-040, Fences and Hedges, are met.

b. On lots that are larger than one gross acre in size, dog-runs, open-run areas, and permanent/temporary kennel structures may be located closer than ten feet (10') to a property line if the dog-run, open-run area, and/or permanent/temporary kennel structure is no closer than one hundred feet (100') to any dwelling unit and the location is approved by Development Services.

3. Health and Safety: All animals shall be kept in such a manner so as not to create any objectionable noise, odor, annoyance, or become a public nuisance. Provision shall be made to ensure that animal food stored outdoors will not attract rodents, insects, or other animals.

4. Animal Waste and Food Waste: All shelter structures, confinement areas, and/or open-run areas shall be kept clean. Provision shall be made for the removal of animal waste and food waste so that the areas are kept free from infestation of insects, rodents, or disease, as well as to prevent obnoxious or foul odors. Animal waste shall be properly disposed of, and any accumulated animal waste must not be stored within the shelter setback area. Any storage of animal waste must not constitute a nuisance as defined in chapter 1-3 RMC.

H. ADDITIONAL STANDARDS FOR KENNELS AND STABLES:

1. Shelter and Structures: Shelter shall be provided for animals in clean structures which shall be kept structurally sound, maintained in good repair, contain the animals, and restrict entrance of other animals. All structures associated with kennels and stables shall be located a minimum of fifty feet (50') from any property line and must be located in a rear yard. On lots that are larger than one gross acre in size, exercising, training, and/or riding areas may be located closer than fifty feet (50') from a property line if the exercising, training, and/or riding areas are no closer than one hundred feet (100') to any dwelling unit and the location is approved by Development Services.

2. Food and Bedding: Suitable food and bedding shall be provided and stored in facilities adequate to provide protection against infestation or contamination by insects or rodents. Refrigeration shall be provided for the protection of perishable foods.

3. Criteria for Indoor Kennel Facilities: Applicants for kennels must show that indoor facilities have a sufficient heating and cooling system to provide a moderate temperature throughout the year; a sufficient ventilation system to circulate the air; an adequate natural or artificial lighting system to allow inspection and cleaning at any time of the day and that interior wall and ceiling surfaces are constructed of materials which are resistant to the absorption of moisture and odors.

4. Criteria for Outdoor Kennel Facilities: Outdoor facilities will be constructed to provide shelter from the weather and associated elements while providing sufficient space for animal movement and exercise. Adequate drainage must be provided to prevent water buildup and subsequent damage and to facilitate waste removal. Adequate fences or retaining walls must be constructed to contain animals and prevent intrusion by others.

I. ADDITIONAL STANDARDS FOR BEEKEEPING:

1. Minimum Setback: Hives shall be located a minimum of twenty five feet (25') from an interior lot line, with the hive(s) entrance(s) facing away from the nearest property line. Hives shall be located a minimum of one hundred feet (100') from public and/or private rights-of-way or access easements.

2. Maintenance Standards:

a. Hives shall be maintained to avoid overpopulation and minimize swarming, for example by requeening regularly, so as not to become a nuisance.

b. Hives shall be marked or identified to notify visitors.

J. REVIEW CRITERIA FOR ADDITIONAL ANIMALS PERMITS:

Special review criteria to be considered by the Reviewing Official for Additional Animals Permits are included in RMC 4-9-100.

K. REVIEW CRITERIA FOR KENNELS AND STABLES:

For kennels, commercial equine boarding, riding schools, and stables the conditional use criteria of RMC 4-9-030 shall be applicable.

L. PROHIBITED ANIMALS:

Animals that are wild or dangerous are prohibited pursuant to RMC 6-6-12.

M. VIOLATIONS AND PENALTIES:

1. Compliance with Current Code Regulations: If the keeping of animals does not comply with these regulations and is not classified as a nonconforming use, the owner shall have to comply with the Code regulations.

2. Fines: Violation of land use permits granted is subject to fines established in this Code. All other violations of police regulations shall be administered in accordance with Chapter 6-6 RMC, Animals and Fowl at Large.

(Ord. 3927, 7-15-1985; Ord. 4351, 5-4-1992; Amd. Ord. 4963, 5-13-2002; Ord. 4999, 1-13-2003; Ord. 5305, 9-17-2007; Ord. 5356, 2-25-2008)

4-4-020 COMPREHENSIVE PLAN IMPLEMENTATION: (Reserved)

4-4-030 DEVELOPMENT GUIDELINES AND REGULATIONS – GENERAL:

A. INTENT:

It is the intent of this Section to provide the City, especially the Development Services Division and the Hearing Examiner, with criteria to make consistent and rational land use recommendations and decisions that (1) place the public health, safety and welfare paramount; (2) recognize property rights; (3) promote aesthetics, amenities and good design; (4) minimize incompatibility of adjacent uses; (5) minimize pollution; (6) contain adverse impacts on-site; (7) make consistent and rational decisions and recommendations. Furthermore it is the intent of this Section to comply with the various resolutions, codes and ordinances of the City and the State Environmental Policy Act, as amended.

B. ADOPTION BY REFERENCE:

The goals, objectives, and policies as set forth in the following documents and related studies or documents are presently in force or as modified from time to time are hereby incorporated by reference and shall be considered as if fully set forth herein:

Cedar River Master Plan

Comprehensive Solid Waste Management Plan

Green River Valley Plan

Fire Department Master Plan

Airport Master Plan

King County Stormwater Management Manual

Comprehensive Park, Recreation and Open Space Plan

Comprehensive Water System Plan

Long Range Wastewater Management Plan

King County Comprehensive Housing Affordability Strategy (CHAS)

Shoreline Master Program

King County Solid Waste Management Plan

Countywide Planning Policies

Six-Year Transportation Improvement Plan

Street Arterial Plan

Traffic Mitigation Resolution and Fee

Parks Mitigation Resolution and Fee

Fire Mitigation Resolution and Fee

Comprehensive Plan

C. CONSTRUCTION STANDARDS:

1. Haul Routes: A construction plan indicating haul routes and hours, construction hours, and a traffic control plan must be submitted to the Development Services Division for approval prior to a construction permit being issued.

2. Haul Hours: Haul hours shall be restricted to the hours between eight-thirty (8:30) a.m. and three-thirty (3:30) p.m., Monday through Friday unless otherwise approved in advance by the Development Services Division.

3. Permitted Work Hours in or Near Residential Areas: Construction activities that require construction or building permits and that are conducted in residential areas or within three hundred feet (300') of residential areas shall be restricted to the following hours:

a. Single Family Remodel or Single Family Addition Construction Activities: Single family remodel or single family addition construction activities shall be restricted to the hours between seven o’clock (7:00) a.m. and ten o’clock (10:00) p.m., Monday through Friday. Work on Saturdays and Sundays shall be restricted to the hours between nine o’clock (9:00) a.m. and ten o’clock (10:00) p.m.

b. Commercial, Multi-Family, New Single Family and Other Nonresidential Construction Activities: Commercial, multi-family, new single family and other nonresidential construction activities shall be restricted to the hours between seven o’clock (7:00) a.m. and eight o’clock (8:00) p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o’clock (9:00) a.m. and eight o’clock (8:00) p.m. No work shall be permitted on Sundays.

4. Emergency Extensions to Permitted Work Hours: The Development Services Division Director is authorized to grant an extension of working time during an emergency. An emergency shall include but is not limited to natural and manmade disasters.

5. Temporary Erosion Control: Temporary erosion control must be installed and maintained for the duration of the project. This work must comply with the current King County Surface Water Design Manual as adopted by the City of Renton and must be approved by the Development Services Division.

6. Hydroseeding Required: Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an appropriate ground cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will occur within ninety (90) days. Alternative measures such as mulch, sodding, or plastic covering as specified in the current King County Surface Water Management Design Manual as adopted by the City of Renton may be proposed between the dates of November 1st and March 31st of each year. The Development Services Division’s approval of this work is required prior to final inspection and approval of the permit.

7. Construction Debris: Construction debris, such as concrete, lumber, etc., must be removed and not buried on site.

8. Construction Activity Standards – Aquifer Protection Area (APA) Zones 1 and 2: The following standards shall apply to construction activities occurring in the Aquifer Protection Area if construction vehicles will be refueled on site and/or the quantity of hazardous materials that will be stored, dispensed, used, and handled on the construction site, exclusive of the quantity of hazardous materials contained in fuel or fluid reservoirs of construction vehicles, will exceed twenty (20) gallons. Weight of solid hazardous materials will be converted to volumes for purposes of determining whether de minimus amount is exceeded. Ten (10) pounds shall be considered equal to one gallon.

a. Designated Person: There shall be a designated person on site during operating hours who is responsible for supervising the use, storage, and handling of hazardous materials and who shall take appropriate mitigating actions necessary in the event of fire or spill.

b. Secondary Containment: Hazardous material storage, dispensing, and refueling areas and, to the extent possible, use and handling areas shall be provided with secondary containment in accordance with RMC 4-3-050H2d(i), Secondary Containment – Zones 1 and 2.

c. Securing Hazardous Materials: Hazardous materials left on site when the site is unsupervised must be inaccessible to the public. Locked storage sheds, locked fencing, locked fuel tanks on construction vehicles, or other techniques may be used if they will preclude access.

d. Removal of Leaking Vehicles and Equipment: Construction vehicles and stationary equipment that are found to be leaking fuel, hydraulic fluid, and/or other hazardous materials shall be removed from the site and the aquifer protection area or repaired in place as soon as possible and may remain on the site in the interim only if leakage is completely contained.

e. Flammable and Combustible Liquids – Storage and Dispensing: Storage and dispensing of flammable and combustible liquids from tanks, containers, and tank vehicles into the fuel and fluid reservoirs of construction vehicles or stationary equipment on the construction site shall be in accordance with these standards and the Uniform Fire Code Section 7904.2, as adopted or amended by the City.

f. Clean-Up Equipment and Supplies: Equipment and supplies adequate for the immediate clean-up of the worst case release shall be stored on the construction site in close proximity to hazardous materials.

g. Unauthorized Releases: Unauthorized releases as defined in RMC 4-11-210, Definitions U, shall immediately be contained, reported, and cleaned up as required by RMC 4-9-015G, Unauthorized Releases. Contaminated soil, water, and other materials shall be disposed of according to state and local requirements.

h. Application of Pesticides and Fertilizer: Application of pesticide and fertilizer shall be in accordance with the requirements of RMC 4-3-050H3, Use of Pesticides and Nitrates – APA Zones 1 and 2.

i. Hazardous Materials Management Statement: A hazardous materials management statement as described in RMC 4-8-120D8, Definitions H, Hazardous Materials Management Statement, shall be submitted to and approved by the Department prior to issuance of a permit regulating construction activity in the APA.

D. OFF-SITE IMPROVEMENTS:

1. Improvements Required: Whenever a building permit is applied for under the provisions of this Code for new construction of a multiple dwelling consisting of three (3) or more units, public assembly, commercial or industrial structure or alteration of an existing structure of said type, in excess of fifty thousand dollars ($50,000.00), then the person applying for such building permit shall simultaneously make application for a permit, as an integral part of such new construction or alteration thereof, for the building and installation of certain off-site improvements, including but not limited to water mains, drainage, sanitary sewer, all improvements required by the street improvement regulations and the subdivision regulations and all necessary appurtenances. Such off-site improvements (except traffic signalization systems) shall extend the full distance of such property to be improved upon and sought to be occupied as a building site or parking area for the aforesaid building purposes and which may adjoin property dedicated as a public street. Traffic signalization off-site improvements shall be installed pursuant to the provisions of the subdivision regulations.

2. Design Standards: All sidewalks shall be constructed to the City standards and conform to standard specifications for municipal public works constructions, commonly known as APWA Standards.

Street width and standards for construction shall be specified by the Administrator of the Planning/Building/Public Works Department. All plans and specifications for such improvements are to be submitted at time such application for a permit is made.

3. Permits Required: All permits required for the construction of these improvements shall be applied for and obtained in the same manner, and with fees and conditions as specified in RMC Title 9, Public Ways and Property, relating to excavating or disturbing streets, alleys, pavement or improvements.

E. CONSTRUCTION OF IMPROVEMENTS REQUIRED PRIOR TO PERMANENT OCCUPANCY PERMIT ISSUANCE:

There is hereby added an additional condition to the issuance of any permanent occupancy permit. No permanent occupancy permit shall be granted until all on- and off-site improvements required of the project shall be constructed and approved by the City or alternatively deferred or waived pursuant to RMC 4-9-060 or 4-9-250C.

F. DEFERRAL OF REQUIRED IMPROVEMENTS:

See RMC 4-9-060.

G. CHANGE OF USE AND NEW CONSTRUCTION REQUIRES CERTIFICATE OF OCCUPANCY:

1. Certificate of Occupancy Required: No vacant land shall be occupied or used and no building hereafter erected shall be occupied or used, nor shall the use of a building be changed from a use limited to one district to that of any other district as defined by this Title until a certificate of occupancy shall have been issued by the Building Inspector. Certificate of occupancy for the use of vacant lands or the change in the use of land as herein provided shall be applied for before any such land shall be occupied or used, and a certificate of occupancy shall be issued within ten (10) days after the application has been made, providing such use is in conformity with the provisions of these regulations.

2. Application Required Prior to Permitting Excavation: No permit for excavation for any building shall be issued before the application has been made for certificate of occupancy. See also RMC 4-9-130, Occupancy Permits.

3. Certificate of Use Available Upon Request: Upon a written request of the owner, the Building Inspector shall issue a certificate of occupancy for any building or land existing at the time this Code takes effect, certifying, after inspection, the use of the building or land and whether such use conforms to the provisions of the Code. Where a plat as above provided is not already on file, an application for a certificate of occupancy shall be accompanied by a survey in duplicate form such as is required for a permit.

H. USE OF EXISTING STRUCTURES DURING CONSTRUCTION OF NEW STRUCTURES:

1. Conditionally Authorized: When an existing structure or use is being replaced elsewhere on a lot, the structure being replaced, if remaining during the interim, shall not be considered as countable or measurable development under the provisions of this Code when:

a. The structure has been condemned as a threat to the public health, welfare, or safety and cannot be reoccupied; or

b. The applicant has provided the City with sureties and/or other devices satisfactory to the City Attorney to ensure compliance with lot coverage and other possible requirements prior to the issuance of a certificate of occupancy for the replacement structure(s), or within a reasonable period thereafter.

2. Exception for Public Owned or Operated Uses: Unless the Council or Hearing Examiner makes a determination that such a surety device should be provided, no such device shall be required for a public owned or operated use having a “P” suffix designation.

I. HABITATION OF TRAVEL TRAILERS OR RECREATIONAL VEHICLES:

Except as authorized in RMC 4-9-240, Temporary Use Permits, recreational vehicles, travel trailers, tents, or other temporary shelters shall not be used for habitation.

(Ord. 1472, 12-18-1953; Ord. 3106, 1-24-1977; Ord. 3483, 11-10-1980; Ord. 3592, 12-14-1981; Ord. 4523, 6-5-1995; Ord. 4527, 6-12-1995; Ord. 4546, 7-24-1995; Ord. 4703, 2-2-1998; Ord. 4835, 3-27-2000; Ord. 4851, 8-7-2000; Amd. Ord. 4963, 5-13-2002; Ord. 5100, 11-1-2004)

4-4-040 FENCES AND HEDGES:

A. PURPOSE:

These regulations are intended to regulate the material and height of fences and hedges, particularly in front yards and in yards abutting public rights-of-way, in order to promote traffic and public safety and to maintain aesthetically pleasing neighborhoods. The following regulations are intended to provide and maintain adequate sight distance along public rights-of-way at intersections and to encourage safe ingress and egress from individual properties. These regulations also encourage the feeling of spaciousness along neighborhood streets and minimize the closed city atmosphere which tall fences along public rights-of-way can create.

B. APPLICABILITY:

The provisions and conditions of this Section regulating height are not applicable to fences or barriers required by State law or by the zoning provisions of this Code to surround and enclose public safety installations, school grounds, public playgrounds, private or public swimming pools and similar installations and improvements.

Fences and hedges within the urban separator overlay are also subject to requirements of the Urban Separator Overlay regulations (see RMC 4-3-110). (Ord. 5132, 4-4-2005)

C. GENERAL FENCE AND HEDGE REQUIREMENTS:

1. Fence Height – Method of Measurement: The height shall be measured from the top elevation of the top board rail or wire to the ground. In cases where a wall is used instead of a fence, height shall be measured from the top surface of the wall to the ground on the high side of the wall.

2. Berms: A berm may not be constructed with a fence on it unless the total height of the berm plus the fence is less than the maximum height allowable for the fence if the berm were not present.

3. Grade Differences: Where the finished grade is a different elevation on either side of a fence the height may be measured from the side having the highest elevation.

4. City May Require Modification: Where a traffic vision hazard is created, the City may require a modification to the height limitations and location of fences, hedges or walls to the degree necessary to eliminate the hazard.

D. STANDARDS FOR RESIDENTIAL USES:

1. Height Limitations for Interior Lots:

a. Front Yard Setbacks: Fences, walls or hedges a maximum of forty eight inches (48") in height may be allowed within the required front yard subject to these provisions.

b. Side Lot Lines: Fences, walls or hedges on interior lot lines of required front yards shall not exceed forty eight inches (48") in height. Fences, walls or hedges on interior side lot lines not within required front yards may be a maximum of seventy two inches (72") in height.

c. Rear Lot Line: A fence or hedge a maximum of seventy two inches (72") may be located on the rear lot line.

2. Height Limitations for Corner Lots:

a. Front Yard Setbacks: Fences, walls or hedges a maximum of forty two inches (42") in height may be allowed on any

part of the clear vision area. Fences, walls, or hedges a maximum of forty eight inches (48") in height may be allowed within any part of the front yard setback when located outside of any clear vision area on said lot.

b. Interior Side Lot Line: Fences, walls or hedges a maximum of seventy two inches (72") in height may be located on interior side lot lines to the point where they intersect the required front yard setback, in which case they shall be governed by subsection D2a of this Section.

c. Side Lot Line Abutting Street: Fences, walls or hedges a maximum of forty two inches (42") in height within any clear vision area and forty eight inches (48") in height elsewhere.

d. Rear Lot Line: Fences, walls, or hedges a maximum of seventy two inches (72") in height may be located along the rear lot line except the fence shall be limited to forty eight inches (48") in height where they intersect the width of the required side yard setback of the side street and where the fence abuts the front yard of an interior lot.

3. Gate Required: Residential fences, walls or hedges along rear lot lines of interior lots abutting alleys shall contain an access gate to the alley.

4. Electric Fences: Electric fences are permitted by special review in all residential zones in cases where large domestic animals are being kept provided additional fencing or other barrier is erected along the property lines.

E. STANDARDS FOR COMMERCIAL, INDUSTRIAL AND OTHER USES:

1. Location and Maximum Height: A maximum of eight feet (8') anywhere on the lot provided the fence does not stand in or in front of any required landscaping or pose a traffic vision hazard.

2. Electric Fences: All electric fences shall be posted with permanent signs a minimum of thirty six (36) square inches in area at intervals of fifteen feet (15') stating that the fence is electrified.

Electric fences and any related equipment and appliances must be installed in accordance with the manufacturer’s specifications and in compliance with the National Electrical Code.

3. Barbed Wire Fences: Barbed wire may only be used on top of fences at least six feet (6') high for commercial, industrial, utility and public uses.

4. Bulk Storage Fences: See RMC 4-4-110.

5. Special Provisions: Fences for mobile home parks, subdivisions or planned urban development and for sites which are mined, graded or excavated may vary from these regulations as provided in the respective code sections. (Ord. 5153, 9-26-2005)

F. ADMINISTRATIVE REVIEW OF VARIATION FROM HEIGHT RESTRICTIONS:

A property owner wishing to vary the height restrictions or placement of a fence or hedge on a lot may make written application to the Development Services Division for an administrative review of the situation. The Department’s staff shall review the application and prepare a written determination based upon criteria listed in these regulations.

G. SPECIAL ADMINISTRATIVE FENCE PERMITS:

1. Fences Eligible for Administrative Review Process: Persons wishing to have one of the following types of fences may submit a letter of justification, site plan and typical elevation together with the permit fee to the Planning/Building/Public Works Department:

a. Fences exceeding forty eight inches (48") within front yard or side yards along a street setback but not within a clear vision area.

b. Electric fences.

2. Evaluation Criteria: The Development Services Division may approve the issuance of special fence permits provided that the following objectives can be met:

The proposed fence improves the privacy and security of the adjoining yard space;

The proposed fence does not detract from the quality of the residential environment by being out of scale or creating vast blank walls along public roadways;

The proposed fence compliments the environment it serves in an aesthetically pleasing manner; and

The proposed fence does not present a hazard to vehicular or pedestrian traffic.

a. Acceptable Measures to Meet Criteria: Fences located within the front or side and/or rear yard along a street setback may be a maximum of seventy two inches (72") in height, provided the evaluation criteria are met. Acceptable measures to achieve these criteria include, but are not limited to the following:

Permanent landscaping along the front of the fence;

Quality fence material, such as cedar fencing;

Modulation of the fence;

Similar design and material as other fences in the surrounding neighborhood;

Increased setbacks from the adjacent sidewalk;

Ornamental materials or construction treatment, such as wrought iron;

Orientation of the finished face of the fence toward the street; and

Other comparable construction or design methods.

b. Clear Vision Area: The fence proposed for special permits must have no portion in the clear vision area over forty two inches (42") in height. The location and height of the fence must not obstruct views of oncoming traffic, or views from driveways. (Amd. Ord. 5008, 4-28-2003)

H. COMPLIANCE:

Fences which do not comply with these regulations must be brought into compliance within six (6) months from the date of notice of fence violation from the City. (Ord. 4056, 4-13-1987)

4-4-050 GARAGE SALES – REQUIREMENTS FOR:

A. APPLICABILITY:

A garage sale which does not comply with the following conditions shall be considered a business and must be brought into compliance with all requirements for business uses, including compliance with the Zoning Code.

B. CONDITIONS:

Conditions for garage sales shall include:

1. Maximum Time and Number: Incidental garage sales consisting of no more than one such sale per calendar quarter, and no more than three (3) within the same calendar year and with no such sale continuing for more than two (2) days.

2. Supervision of Vehicles Required: Garage sales shall be supervised and are the responsibility of the occupant or the tenant who occupies the dwelling unit. This person shall not permit vehicles to impede the passage of traffic on any roads or streets in the area of the person’s property.

3. Use of Right-of-Way Prohibited: Goods are not to be displayed in public rights-of-way.

4. Signage Installation and Removal Requirements: Signs advertising such sales shall not be attached to any public structures, signs or traffic control devices or utility poles.

Signs may only be placed on property owned by the person conducting the sale or on property where an owner gives consent to post such sign. All such signs shall be removed twenty four (24) hours after the sale is completed.

5. Special Restriction for Self Storage Uses in RM-F Zone: No garage, yard, or estate sales are allowed from leased storage units. (Ord. 4736, 8-24-1998)

C. VIOLATIONS OF THIS SECTION AND PENALTIES:

Any person in violation of this Section shall be informed in writing of the violation and shall be given fourteen (14) days to comply with this Section. Following this action, if a subsequent garage sale is conducted in violation of this Section, each day the sale is conducted shall be considered a separate violation and shall be subject to the following penalty.

Any person conducting any “garage sale” as defined herein in RMC 4-11-070 without being properly licensed therefor or who shall violate any of the other terms and regulations of this Section shall be guilty of a misdemeanor subject to RMC 1-3-1. (Ord. 4493, 1-23-1995; Ord. 5159, 10-17-2005)

4-4-060 GRADING, EXCAVATION AND MINING REGULATIONS:

A. PURPOSE:

It is the purpose of this Section to:

1. Provide a means of regulating mining, excavation and grading to promote the health, safety, morals, general welfare and esthetics in the City of Renton.

2. Promote the progressive rehabilitation of mining, excavation and grading sites to a suitable new use.

3. Protect those areas and uses in the vicinity of mining, excavation and grading activities against detrimental effects.

4. Promote safe, economic, systematic and uninterrupted mining, excavation and grading activities within the City of Renton.

B. SCOPE:

1. Applicability: All mining, excavation and grading activities within the City of Renton shall be subject to the terms and conditions of this Section. All such activities shall be further in compliance with chapter 78.44 RCW and subject to the terms of this Section.

2. Application Required for Existing Activities: The owner or operator of such activities in the City at the time of the adoption of this Section shall make the initial application within thirty (30) days and the entire application within ninety (90) days of the effective date of this Section.

3. Application Required for Activities Annexed into City: The owner or operator of such activities annexed subsequent to the adoption of this Section shall make the initial application within thirty (30) days and the entire application within ninety (90) days from the date of annexation.

4. Time for Compliance: All such existing activities shall comply fully with all provisions of this Section within the period of time established by this Section except such activities which are not existing at the date of the adoption of this Section shall conform to all provisions of this Section prior to the beginning of their operation.

C. GENERAL:

1. Landscaping: Existing vegetation in any required setback shall be preserved or landscaping shall be planted to prevent erosion and reduce the dust, mud and noise generated on the proposed reuse of the site. Around the periphery of the site, except where the proposed reuse of the site requires the lack of vegetation, the applicant shall landscape in such a manner as to result in reasonable screening. Trees planted shall be at least four feet (4') in height. In those areas that have been rehabilitated and are designated to be planted according to the proposed reuse of the site, the appropriate plantings shall be done as soon as possible to provide mature plants for the new use.

2. Screening: With the exception of offices, every effort shall be made to screen effectively all structures and activities to minimize detrimental effects on adjacent property. Screening may include but is not limited to landscaping, berms with landscaping, and a screening fence.

3. Natural Stream Courses: Every effort shall be made to preserve perennial and intermittent streams and their surrounding vegetation. (Ord. 2820, 1-14-1974, eff. 1-19-1974)

4. Hydroseeding Required: Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an appropriate ground cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will occur within ninety (90) days. Alternative measures such as mulch, sodding, or plastic covering as specified in the current King County Surface Water Management Design Manual as adopted by the City of Renton may be proposed between the dates of November 1st and March 31st of each year. The Development Services Division’s approval of this work is required prior to final inspection and approval of the permit. (Ord. 4703, 2-2-1998)

5. Conformance with RCW: This Section conforms to the requirements of chapter 78.44 RCW which regulates surface mining in the State of Washington. (Ord. 2820, 1-14-1974, eff. 1-19-1974)

6. Notification of Noncompliance: It shall be the responsibility of the certifying engineer on any grading project to advise immediately any discrepancies, hazardous conditions or problems affecting safety and stability of the project to the person in charge of the grading work and subsequently in writing to the grading operator and to the Building Department. Recommendations for corrective measures, if necessary, shall be provided in the correction notices.

7. Transfer of Responsibility for Work: If at any time the grading operator changes the certifying engineer or a different ownership or responsible party occurs, the operator shall notify the Building Department in writing within ten (10) days and shall specify the new civil engineer or owner. The owner or grading operator shall not be relieved of any responsibility relative to the safety and conduct of a grading operation by virtue of changing engineering advisors.

8. Stop Work Order: Should hazardous conditions occur in either engineered grading or regular grading, the Building Department inspector shall have the responsibility and authority to issue a partial or total stop work order.

9. Emergency Permits: Upon application to the Development Services Division, supported by those plans adequate for the Director of the Development Services Division to make a decision, there may be declared an emergency and the Director may issue an emergency fill and grade permit. In order for there to be declared an emergency, there must be a declaration from a State or Federal regulatory agency that an emergency condition exists that threatens public safety, health or welfare, or the Development Services Division Director must be presented with independent evidence that there exists an emergency that imminently threatens public safety, health or welfare, and further that there exists inadequate time to obtain a fill and grade permit. Before the emergency permit can be issued, the Director must ensure that environmental review has been completed by the Environmental Review Committee or is under the supervision of a Federal or State agency that has conducted environmental review. As part of any emergency grading, the applicant for an emergency permit must provide a disposal plan of the materials satisfactory to the Director, including routing of any vehicles transporting any contaminated, dangerous or toxic materials. Any fill to be installed must comply with the requirements of this Section concerning the contents of the fill. An emergency fill and grading permit shall be for the minimum time and minimum volume necessary to avoid the emergency. (Ord. 4102, 12-14-1987, eff. 12-19-1987)

D. BOND REQUIRED TO COVER COSTS OF REHABILITATION:

The Development Services Division shall require bonds amounting to one and one-half (1-1/2) times the estimated cost of rehabilitation to assure that the work, if not completed or proceeding in accordance with the approved plans and specifications, shall be corrected. Such a bond shall be approved by the City Attorney and filed with the City Clerk. In lieu of a surety bond, the applicant may file a cash bond or instrument of credit with the City Clerk in an amount equal to that which would be required in the surety bond. The bond shall be conditioned upon the faithful performance of the requirements as set forth in this Section. Any reclamation bonds posted with the State Department of Natural Resources for surface mining permits may be applied on the bond requirements, insofar as they pertain to the reclamation provisions of this Section.

E. INSPECTION:

All operations regulated by this Section shall be subject to inspection by authorized Development Services Division inspection personnel. When extraordinary or special problems or conditions are involved, extra inspection of grading operations and special tests may be ordered by the City. (Ord. 2820, 1-14-1974, eff. 1-19-1974; Amd. Ord. 3592, 12-14-1981)

F. ENGINEERING GRADING REQUIREMENTS:

1. Reports Required: Soil engineering and engineering geology reports shall be required as defined in RMC 4-11-190E and 4-11-190S. During grading all necessary reports, compaction data and soil engineering and engineering geology recommendations shall be submitted to the civil engineer and the Public Works Department by the soil engineer and the engineering geologist. The Public Works Department may waive reports for minor grading operations.

2. Civil Engineer Responsibilities: For purposes of preparing and/or approving engineered grading plans, the engineer shall be a professional engineer registered in the State to practice in the field of civil works. The civil engineer shall be responsible for the plans, any special soil engineering and testing reports, design of drainage facilities and structures, and be competent to recommend and obtain special tests, survey data, and geological or hydraulic reports should they be necessary. The civil engineer shall provide an acceptable plan and report based on good engineering practices and the requirements designated by the Public Works Department. He shall, upon return of his plans, provide any corrections necessary and corrected copies for use of the City in reviewing the grading work. The civil engineer shall be responsible for reporting monthly or more frequently on forms provided by the Public Works Department:

a. Extent and location of grading.

b. All tests made or taken in conjunction with the grading operation.

c. Extent of drainage, structure, and safety activity report on the project.

d. Any special testing, as-built plans or revised requests necessary.

In addition, he shall certify to the safety and stability of the slopes, safety earthwork operation, and special problems which might occur.

3. Soil Engineer Responsibilities: The soil engineer’s area of responsibility shall include but need not be limited to the professional inspection and certification concerning the preparation of ground to receive fills, testing for required compaction, stability of all finish slopes and the design of buttress fills, where required, incorporating data supplied by the engineering geologist.

4. Engineering Geologist Responsibilities: The engineering geologist’s area of responsibility shall include but need not be limited to professional inspection and certification of the adequacy of natural ground for receiving fills and the stability of cut slopes with respect to geological matters, and the need for subdrains or other groundwater drainage devices. He shall report his findings to the soil engineer and the civil engineer for engineering analysis. (Ord. 2820, 1-14-1974, eff. 1-19-1974)

5. Building Division Responsibilities: The Building Division shall inspect the project at frequent intervals to determine that adequate control is being exercised by the operator and the civil engineer. Should hazardous conditions occur, the Building Department inspector shall have the responsibility and authority to issue a partial or total stop work order. (Ord. 2820, 1-14-1974, eff. 1-19-1974, Amd. Ord. 3592, 12-14-1981)

6. Specifications: A fence six feet (6') in height with openings no larger than two inches (2") (other than gates) may be required for safety reasons completely around any area worked upon for which a permit is issued for engineered grading prior to commencing any other work. All gates shall be locked when not in use and shall bear a sign denoting danger.

7. Setbacks: Engineered grading sites may be required to have a peripheral area a maximum of seventy five feet (75') in width which shall be retained in its natural topographic condition. The setback area shall be used for, but is not limited to, access roads, planting, fencing, landscaped berms for screening purposes, employee and visitor parking, offices, directional signs and business signs identifying the occupant. (Ord. 2820, 1-14-1974, eff. 1-19-1974)

G. REGULAR GRADING REQUIREMENTS:

1. Inspection, Testing and Reports: Inspection and testing by an approved testing agency including certification of the excavated or filled areas may be required by the Building Division at any time the City’s authorized inspectors believe problems may occur. Should special problems be indicated in regular grading, the Building Division may require the owner or operator to submit engineering reports similar to engineered grading and may specify a time period for compliance to prevent undue hazard.

H. WORK IN PROGRESS:

1. Maximum Slopes – Work in Progress: No slopes greater than one horizontal to one vertical will be permitted for cuts, fills, or during excavations that exceed ten feet (10') in height without physical restraint by timbering or approval by the Building Department of an engineering or geologist report assuring slope will maintain its shape without undue risk of failing. (Ord. 2820, 1-14-1974, eff. 1-19-1974; Amd. Ord. 3592, 12-14-1981; Ord. 4835, 3-27-2000)

2. Safety: Workmen shall be allowed in the vicinity of the toe or top of slope only after close visual inspection of slope to assure safety against breakage or sliding.

3. Clearing and Rounding Tops of Slopes: All trees, timber, stumps, brush or debris shall be cleared to a point at least ten feet (10') back from the top of any slope involving cuts greater than ten feet (10'). After excavation, the top of all slopes shall be rounded to prevent a sheer breaking point.

4. Property and Setback Location: Property location and approved setbacks must be established and stakes set under the supervision of a registered land surveyor. These stakes must be maintained in place until final inspection of work so that the inspector can determine at any time if the excavation is properly located as related to the property lines.

5. Maximum Noise Levels: Noise levels at all operations shall be controlled to prevent undue nuisance to the public. Maximum allowable daytime sound pressure as measured in any residential zone shall not exceed the following at least ninety percent (90%) of the time between the hours of seven o’clock (7:00) a.m. and eight o’clock (8:00) p.m.

SOUND PRESSURE LEVELS

FREQUENCY BAND IN CYCLES/SECOND		SOUND PRESSURE LEVEL IN DECIBELS re. 0.0002 MICROBAR
25 – 300		80
300 – 2,400		70
Above 2,400		60

(Ord. 2820, 1-14-1974, eff. 1-19-1974)

6. Permitted Work Hours: All mining, excavation and grading work done in residential areas or within three hundred feet (300') of residential areas shall be between the hours of seven o’clock (7:00) a.m. and eight o’clock (8:00) p.m., Monday through Friday, except repairs to machinery. Work may be permitted on Saturdays and Sundays only if approved in writing in advance by the Development Services Division Director. The Director is authorized to grant an extension of working time during an emergency. An emergency shall include but is not limited to natural and manmade disasters. (Ord. 3592, 12-14-1981, Amd. Ord. 4703, 2-2-1998)

7. Compliance with Pollution Control Regulations: Discharge of materials into the air or water shall be subject to the requirements of the appropriate governing agency. (Ord. 2820, 1-14-1974, eff. 1-19-1974)

8. Control of Dust and Mud: Activities shall be operated so as to reduce dust and mud to a minimum. Unless otherwise specified by the Public Works and Building Departments, operations shall be conducted in accordance with the following standards:

a. Access Roads: Access roads shall be maintained in a condition that confines the mud and dust to the site. Such roads shall be improved to a width sufficient to permit the unhindered movement of emergency vehicles. One-way roads shall have by-pass routes to permit the movement of emergency vehicles.

b. Dozing and Digging: Dozing, digging, scraping and loading of excavated materials shall be done in a manner which reduces to the minimum level possible the producing of dust and mud. (Ord. 2820, 1-14-1974, eff. 1-19-1974, Amd. Ord. 3592, 12-14-1981)

9. Soil Erosion and Sedimentation: Soil erosion and sedimentation shall be confined to the site by such means as a temporary cover of vegetation, mulches, diversions, sedimentation ponds or other acceptable methods. No toxic materials shall be allowed to wash from the site or be discharged into receiving watercourses. (Amd. Ord. 4963, 5-13-2002)

10. Appearance: All activities under the jurisdiction of this Section shall be operated and maintained in a neat and orderly manner, free from junk, trash, or unnecessary debris. Buildings shall be maintained in a sound conditions, in good repair and appearance. Salvageable equipment stored in a nonoperating condition shall be suitably screened or garaged. Landscaping adjacent to and around the main entrance(s) and office shall be sufficiently watered and cared for to insure its health and well-being.

I. SURFACE WATER:

1. Polluted or Stagnant Water Prohibited: Under no circumstances shall stagnant or polluted waters be permitted in any site. Should these waters accumulate, remedial measures such as draining or backfilling shall be taken as corrective action. Backfill material shall be placed to a point one foot above the water table.

2. Minimum Lake Depth: Lakes formed in areas which may be used for recreational purposes shall be of such depth that shall inhibit the growth of vegetative matter in the water. A minimum two foot (2') depth of water shall be maintained in these areas. The restoration of any site which results in the formation of a lake shall be the result of careful planning and shall take into consideration all factors which contribute to the ultimate ecology of the site.

3. Maximum Bank Slopes Adjacent to Lake: All banks, adjacent to any body of water created, shall be sloped or stepped as follows to permit a person to escape from the water:

a. Unconsolidated Material: Soil, sand, gravel and other unconsolidated materials shall be sloped to two feet (2') below the low groundwater line at a slope no steeper than one and one-half feet horizontal to one foot vertical (1.5':1').

J. TOP AND TOE SETBACKS:

1. Setbacks – Minimum: The tops and toes of cut and fill slopes shall be set back from setback lines as far as necessary to preserve the setback for the safety and benefit of adjacent properties, the adequacy of foundations, and to prevent damage as a result of water runoff or erosion of the slopes.

Setbacks shall be no less than the following:

a. Tops of Slopes: Distance to the setback line for the top of slopes shall be a minimum of ten feet (10').

b. Structures: Distance to structures, if any structures on the site shall be as follows:

Slope Height	Top	Toe
Less than 11'	5'	3'
11 – 30.9'	7'	Height/2'
31' and over	10'	15'

K. CUTS:

1. General: Unless otherwise recommended in the approved soil engineering and/or engineering geology report, cuts shall conform to the provisions of this Section.

2. Maximum Slope: The slope of cut surfaces shall be no steeper than is safe for the intended use. Except in conjunction with a modification granted per RMC 4-9-250D1 for one of the circumstances listed in RMC 4-3-050N2a(ii) (Geologic Hazards – Modifications), cut operations associated with a plat, short plat, subdivision or dedication, or other permitted land development activity which would result in the creation of permanent slopes forty percent (40%) or greater which are fifteen feet (15') in height, i.e., protected slopes, shall not be approved. (Amd. Ord. 4835, 3-27-2000)

3. Drainage and Terracing: Drainage and terracing shall be provided as required by subsection N of this Section.

L. FILLS:

1. Applicability and Exemptions: Unless otherwise recommended in the approved soil engineering report, fills shall conform to the provisions of this Section. In the absence of an approved soil engineering report, these provisions may be waived for minor fills not intended to support structures. For minor fills or waste areas, humps, hollows or water pockets shall be graded smooth with acceptable slopes.

2. Fill Location: Fill slopes shall not be constructed:

a. On natural slopes steeper than two-and-one-half horizontal to one vertical (2.5:1) that are fifteen feet (15') or greater in height (except in conjunction with a modification granted per RMC 4-9-250D1 for filling against the toe of a natural rock wall – see RMC 4-3-050N2a(ii)(b)); or

b. Where the fill slope toes out within twelve feet (12') horizontally of the top of existing or planned cut slopes that are fifteen feet (15') or greater in height and steeper than two-and-one-half horizontal to one vertical (2.5:1). (Amd. Ord. 4835, 3-27-2000; Ord. 4851, 8-7-2000)

3. Preparation of Ground: The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, topsoil and other unsuitable materials as determined by the soil engineer, and where the slopes are five to one (5:1) or steeper, by benching into sound bedrock or other competent material.

4. Fill Material: Fill materials shall have no more than minor amounts of organic substances and shall have no rock or similar irreducible material with a maximum dimension greater than eight inches (8"). Fill material shall meet the following requirements:

a. Construction, Demolition, and Land Clearing Waste Prohibited: Fill material shall be free of construction, demolition, and land clearing waste except that this requirement does not preclude the use of recycled concrete rubble per Washington State Department of Transportation Standard Specifications for Road, Bridge, and Municipal Construction.

b. Cleanliness of Fill Material: Fill material shall not contain concentrations of contaminants that exceed cleanup standards for soil specified in WAC 173-340-740, Model Toxics Control Act.

c. Special Requirement for Projects Located in Zone 1 of the Aquifer Protection Area and Which Will Involve Placement of More than Fifty (50) Cubic Yards of Imported Fill: A source statement certified by a professional engineer or geologist licensed in the State of Washington shall be provided to the Department and shall be reviewed and accepted by the Department prior to stockpiling or grading imported fill at the project site. The source statement, as defined in RMC 4-8-120D19, shall be required for each source location from which imported fill will be obtained.

d. Special Requirement for Projects Located in Zone 2 of the Aquifer Protection Area and Which Will Involve Placement of More than One Hundred (100) Cubic Yards of Imported Fill: The source statement described in RMC 4-8-120D19 is required for each source location from which imported fill will be obtained.

e. Abbreviated Source Statement for Aquifer Protection Area: The Department may accept a source statement, as defined in RMC 4-8-120D19, that does not include results of sampling and analysis of imported fill if a professional geologist or engineer licensed in the State of Washington certifies that the source location from which fill will be obtained has never been filled, developed, or subjected to use that could have introduced chemical contamination to the site.

f. Department Authority to Request Additional Information or Reject Certified Source Statement: The Department has the authority to request additional information regarding imported fill material and the source thereof and to reject a source statement or abbreviated source statement if they do not demonstrate that the fill material to be imported to a project site meets fill material standards in subsections L4a and L4b of this Section and/or the Department has reason to suspect that the fill material could be contaminated. Such requests or rejections shall be made in writing to the applicant.

g. Source Statement Not Required for Imported Fill Obtained from Washington State Department of Transportation Approved Source: The source statement defined in RMC 4-8-120D19 is not required for those projects located in the aquifer protection area if documentation is provided that imported fill will be obtained from a Washington State Department of Transportation approved source. (Amd. Ord. 4851, 8-7-2000)

h. Sampling and Analysis Procedures: The licensed professional engineer or geologist or person under their supervision who samples earth materials to be used as imported fill, oversees analysis, and prepares the source statement required by subsections L4c and L4d of this Section shall follow procedures specified in WAC 173-340-820 and 173-340-830 of the Model Toxics Control Act Cleanup Regulation.

i. Permittee Subject to Required Actions after Illegal Placement of Imported Fill: A permittee who stockpiles or grades imported fill at the site without Department review and acceptance of the source statement required by subsections L4c and L4d of this Section or who stockpiles or grades fill at the site that does not meet the fill quality standards of subsections L4a and L4b of this Section is subject to measures specified by the Department to reduce risk of contamination of the site due to illegal placement of fill. Such measures may include, but are not limited to, any or all of the following and shall be implemented at the permittee’s expense:

i. Provide the Department with the source statement defined in RMC 4-8-120D19 within a time-period specified by the Department;

ii. Immediately cover fill with a waterproof cover;

iii. Immediately remove fill;

iv. Installation of monitoring wells and monitoring of ground water quality;

v. Remediation of contamination of the site caused by the illegal placement of fill according to a schedule specified by the Department and in accordance with cleanup standards for soil and groundwater described in the Model Toxics Control Act Cleanup Regulation, chapter 173-340 WAC.

j. Department Authority to Conduct Independent Sampling and Analysis: The Department shall have the authority to enter on to private property to conduct independent sampling and analysis of fill. If the Department determines that fill does not meet fill quality standards of subsections L4a and L4b of this Section, then it may require the permittee to accomplish any or all of the measures listed in subsection L4i of this Section at his or her own expense.

k. Department Authority to Implement Removal and Remediation Measures: The Department or its authorized agents shall have the authority to implement measures listed in subsection L4i of this Section if the permittee fails to accomplish such measures in a timely manner. The permittee shall be responsible for any costs incurred by the Department or its authorized agents in the conduct of such activities. (Amd. Ord. 4740, 7-19-1999; Ord. 4992, 12-9-2002)

5. Minimum Compaction: All fills shall be compacted to a minimum of ninety five percent (95%) of maximum density as determined by American Public Works Association (APWA) specifications. Field density shall be determined in accordance with APWA standards.

6. Maximum Slope: The slope of fill surfaces shall be no steeper than is safe for the intended use. Except in conjunction with a modification granted per RMC 4-9-250D1 for one of the circumstances listed in RMC 4-3-050N2a(ii) (Geologic Hazards – Modifications), fill operations associated with a plat, short plat, subdivision or dedication, or other permitted land development activity which would result in the creation of permanent slopes forty percent (40%) or greater which are fifteen feet (15') in height, i.e., protected slopes, shall not be approved. (Amd. Ord. 4835, 3-27-2000)

7. Drainage and Terracing: Drainage and terracing shall be provided and the area above fill slopes and the surfaces of terraces shall be as required by subsection N of this Section.

M. SOLID WASTE FILLS:

1. Reports Required: Reports by an engineer qualified in solid and sanitary waste fills shall be required. Such reports shall include but are not limited to design; insect and vermin control, physiological considerations; sight, noise and odor control of material; special ingress and egress control for equipment; and special drainage requirements. These reports shall be in addition to those required elsewhere in this Section.

2. Report Contents: The engineering reports submitted shall include plans and means of preventing and eliminating any health hazards and visual problems. All phases of sanitary landfill operations and solid waste fills shall be provided in the engineering report, including type, nature, and amount of equipment, manpower, special precautions, chemical usage and availability of granular material for the coverage of the cell material. Bonding requirements, restrictions on noise, dust and mud, special fencing requirements, special precautions required and availability of twenty four (24) hour inspection and correction of hazards shall be provided by operator agreement with the City prior to any consideration for either a sanitary landfill or solid waste fill.

3. General: Unless specific requirements are mentioned in this Section, the requirements of subsection L of this Section shall be followed.

4. Location: Special attention shall be given to solid waste and/or sanitary fill location to prevent undue hazard.

5. Cell Cover: Cell construction on any solid waste fill shall consist of at least a six inch (6") noncontaminated uniformly graded granular cover material covering the entire area of the cell construction. Each cell shall be covered the same day it is constructed.

6. Compaction: Compaction of the solid waste or sanitary fill material and mixture of the material shall be such as to provide a relatively uniform density with no extreme soft spots. Density of compacted cellular solid waste material shall be as high as possible in accordance with good mixing compacting standards and shall at no time be less than forty percent (40%) of the density of a similar sample of material compacted under ideal conditions by providing a fifty (50) pound per square foot surcharge on a one cubic foot sample of the material.

7. Bulk Items: Solid waste materials of bulk items involving metallic units similar to refrigerators, stoves, car bodies, water tanks, heavy timber items and similar items shall be placed in the lower portion of a cell with sufficient cover and compaction of cover to preclude any dangerous voids.

8. Building Debris and Flammable Material: Broken wood, building material and related debris from structure removal (exclusive of brick and concrete) shall be satisfactorily broken and crushed to provide a reasonably compacted cell when covered by granular material. Protection shall be provided for any wood or burnable material to prevent fire either on the surface or subsurface. The earth cover on any cell containing flammable material including paper, wood, or vegetable products shall be sufficiently covered to prevent spread of flames should combustion occur in any cell due to spontaneous combustion.

9. Stabilization: Brick, broken concrete, crushed building materials, not including extensive wooden or flammable matter, may be utilized in embankment where they may be of assistance in preventing undue sliding, water scouring or voids which might harbor vermin. This material shall be sufficiently mixed or covered with suitable granular material to prevent unsightly effects.

10. Animal Waste: Animal waste shall be provided with suitable cover and sterilization to prevent decay odors, build up of flammable gasses, or possible leaching of putrescible material. Chemical treatment shall be provided to prevent insect habitation.

11. Treated Fill: Materials such as hay, straw, tree limbs and brush, vegetable farm waste, feathers, rubber tires, wood pulp, chemical substances, industrial waste, and silage type material may need special treatment before utilization in a solid waste or sanitary landfill. Special request and reports shall be made on waste materials of the foregoing types prior to placement in landfills.

12. Prohibited Fill: No materials of appreciable volume of an extremely harmful nature to environment shall be placed in any solid waste or sanitary landfill. This includes, but is not limited to, any form of demolition material of an explosive nature, any volatile or liquid petroleum product, any chemical salts or soluble material which would contaminate stormwater, surface water or air, and any animal meat or semisolid fruit or grain products which might become rancid, putrescible or harmful. No provisions of the sanitary landfill or solid waste fill requirements shall preclude the use of nonharmful native clay, sand, rock, or normal fill type materials in filling operations covered under other subsections of this Section.

13. Drainage: Special attention shall be provided drainage in any solid waste or sanitary landfill to prevent leaching of noxious or putrescible materials, decaying nuisance, any contamination of normal watercourses. Where water might leach through the construction cells, subdrains, lateral collectors and storage ponds shall be provided. Leach water from solid waste shall not be permitted to percolate downward into the water table. Leach water shall be collected and conveyed to a sewage treatment plant.

14. Water Disposal: Any leach water coming from covered sanitary or solid waste fill cells shall be collected, stored and decontaminated by suitable chemical or other means and then disposed of in a sanitary sewer. Should suitable collection facilities, sand filters and chemical-cleaning be provided to prevent any toxicity and reduce the leach water to an equivalent of normal storm flow, the Public Works Department may permit disposal through normal stormwater facilities. Frequent samples of all water collected shall be taken, and flow conditions shall be controlled to prevent contamination or overloading of either the sanitary or stormwater facilities. Surface runoff in any sanitary pit or solid waste landfill shall be maintained separately to prevent contamination by leaching.

15. Special Considerations: Special paving, surface protection, and related health requirements may be imposed on sanitary landfill and solid waste operations.

16. Prohibited Activities: No junk picking or field salvaging of any solid waste or sanitary landfill items shall be allowed in the vicinity of the landfill. Any separation of materials for salvage shall be provided at the collection point or an approved transfer site prior to disposal at the landfill site.

N. DRAINAGE:

1. General: Unless otherwise indicated on the approved grading plan, drainage facilities and terracing shall conform to the provisions of this Section. Special drainage protection work may be ordered in case of emergency or serious potential flooding conditions, and the grading operator required to have available an employee to be called in times of potential serious emergency hazards.

2. Terrace: Terraces at least eight feet (8') in width shall be established at no more than twenty five foot (25') intervals to control surface runoff. Suitable access shall be provided to permit cleaning and maintenance.

a. Swales: Swales or ditches on the back side of the terrace shall have a maximum longitudinal gradient of two percent (2%) unless protected by special paving, use of corrugated metal or other scour prevention devices. Drainage shall be designed to minimize trapping of excessive water which might endanger the terrace. Terraces shall slope toward the back or cut face at a minimum of ten percent (10%) slope to keep water from overtopping.

b. Scouring: Single run of swale or ditch shall not collect runoff from a tributary area exceeding thirteen thousand five hundred (13,500) square feet of the area of the face of the slope without discharging into a down drain. Down drains shall terminate into a catch basin or other approved receiver to prevent scouring at the outfall.

c. Capacity: Designed capacity for terraces shall be a twenty four (24) hour, twenty five (25) year storm as published by the U.S. Weather Bureau. Design velocity shall be such as to avoid water transporting colloidal silts in the stream. Should request be made for variation from the twenty four (24) hour, twenty five (25) year storm by the engineering designer, sufficient data shall be submitted in an engineering report to analyze the requested variation. When accumulated flows are such that the water is capable of transporting colloidal silts or other particles in suspension down drains, pipe or lined ditches shall be incorporated to dispose of the runoff safely. Energy dispersing structures shall be used to prevent erosion.

d. Settling Ponds: Where stormwater and ground conditions appear to warrant, special holding and settling ponds, stormwater storage reservoirs, or other means may be required to prevent overload or unusual by-pass of storm flow water to areas off the owner’s site and control.

3. Subsurface Drainage: Cut and fill slopes shall be provided with subsurface drainage as necessary for stability.

4. Disposal: All drainage facilities shall be designed to carry waters to the nearest practicable drainage way approved by the City and/or other appropriate jurisdiction as a safe place to deposit such waters. Silt and other debris shall be removed prior to the disposal of such water. If drainage facilities discharge onto natural ground, riprap may be required. (Ord. 2820, 1-14-1974, eff. 1-19-1974)

a. Minimum Grade: At least two percent (2%) gradient toward approved drainage facilities from building pads will be required unless waived by the Building Department for nonhilly terrain. Exception: The gradient from the building pad may be one percent (1%) where building construction, and erosion control will be completed before hazardous conditions can occur. (Ord. 2820, 1-14-1974, eff. 1-19-1974; Amd. Ord. 3592, 12-14-1981)

b. Drainage Releases: The property owner or his authorized agent shall submit acceptable copies of drainage releases from downstream owners or other government agencies concerned whenever drainage is interrupted, diverted or changed from natural surface or subsurface drainage patterns.

c. Stream Acceptance: The volume and rate of water released shall not exceed the receiving stream’s or watercourse’s ability to accept the water without erosion.

5. Overland Runoff: Runoff from areas of higher elevation shall be safely routed around or through the extraction or fill area. (Ord. 2820, 1-14-1974, eff. 1-19-1974)

O. SLOPES:

1. General: The faces of cut and fill slopes shall be provided and maintained to control against erosion. This control may consist of effective planting. The protection for the slopes shall be installed as soon as practicable and prior to calling for final approval. Where cut slopes are not subject to erosion due to the erosion-resistant character of the materials, such protection may be omitted with the permission of the Building Department, provided that this protection is not required by the rehabilitation plan. (Ord. 2820, 1-14-1974, eff. 1-19-1974; Amd. Ord. 3592, 12-14-1981)

2. Other Devices: Where necessary check dams, cribbing, riprap or other devices or methods shall be employed to control erosion and sediment, provide safety, and control the rate of water runoff. (Ord. 2820, 1-14-1974, eff. 1-19-1974)

P. FINAL REPORTS:

1. Plans and Reports: Upon completion of the rough grading work and at the final completion of the work, the Development Services Division may require the following reports and drawings and supplements thereto: (Ord. 2820, 1-14-1974, eff. 1-19-1974; Amd. Ord. 3592, 12-14-1981)

a. As-Graded Grading Plan: An as-graded grading plan prepared by the civil engineer including original ground surface elevations, as-graded ground surface installations, lot drainage patterns and locations and elevations of all surface and subsurface drainage facilities. The civil engineer shall provide certification that the work was done in accordance with the final approved grading plan.

b. Soil Grading Report: A soil grading report prepared by the soil engineer including locations and elevations by field density tests, summaries of field and laboratory tests and other substantiating data and comments on any changes made during grading and their effect on the recommendation made in the soil engineering investigation report. The soil engineer shall provide certification as to the adequacy of the site for the intended use.

c. Geologic Grading Report: A geologic grading report prepared by the engineering geologist including a final description of the geology of the site including any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan. The engineering geologist shall provide certification as to the adequacy of the site for the intended use as affected by geologic factors. (Ord. 2820, 1-14-1974, eff. 1-19-1974)

2. Notification of Completion: The permittee or his agent shall notify the Development Services Division when the grading operation is ready for final inspection. Final approval shall not be given until all work including installation of all drainage facilities and their protective devices and all erosion control measures have been completed in accordance with the final approved grading plan and the required reports have been submitted. (Ord. 2820, 1-14-1974, eff. 1-19-1974; Amd. Ord. 3592, 12-14-1981)

Q. PERMITS AND FEES:

Grading, excavation and mining permits and licenses are required per RMC 4-9-080 for major and minor activities. Submittal requirements are listed in RMC 4-8-120, Submittal Requirements – Specific to Application Type. Application fees are listed per chapter 4-1 RMC, Administration and Enforcement. (Ord. 4963, 5-13-2002)

R. APPEALS:

If the applicant does not concur with the requirements of the Development Services Division, he has the prerogative of appealing to the Hearing Examiner pursuant to RMC 4-8-110. (Ord. 3592, 12-14-1981; Amd. Ord. 4963, 5-13-2002)

S. VIOLATIONS OF THIS CHAPTER AND PENALTIES:

Unless otherwise specified, violations of this Chapter are misdemeanors subject to RMC 1-3-1. (Ord. 4351, 5-4-1992; Amd. Ord. 4963, 5-13-2002; Ord. 5159, 10-17-2005)

4-4-070 LANDSCAPING:

A. PURPOSE AND INTENT:

The purpose of these landscape requirements is to establish consistent and comprehensive landscape provisions to preserve and enhance the landscape character of the City; to improve the aesthetic quality of the built environment; to minimize erosion and reduce the impacts of development on natural areas within the City and on storm drainage systems and water resources in particular; to provide shade, reduce noise and glare, and establish a healthier environment; to provide transitions between various land uses; to increase privacy and protection from visual or physical intrusion, and to maintain and protect property values, and generally enhance the overall image and appearance of the City and quality of life for its citizens.

It is not the intent of these regulations that rigid and inflexible design standards be imposed, but rather that minimum standards be set. It is expected that accepted horticultural practices and landscape architectural principles will be applied by design professionals.

B. APPLICABILITY:

1. The requirements of this Section shall apply to:

a. All subdivision including short plats;

b. All new buildings;

c. Conversion of vacant land (e.g., to parking or storage lots); and

d. Additions to existing buildings that exceed fifty thousand dollars ($50,000.00) in value.

2. Exemptions: Single family residential building permits, when not a part of a subdivision, are exempt from all but the maintenance provisions of these requirements. In single family residential subdivisions, those yards not abutting a public or private street are exempt from landscape regulations.

C. PLANS REQUIRED:

Conceptual and detailed landscaping plans are required for all non-exempt development. Specific submittal requirements shall be as indicated in RMC 4-8-120, Submittal Requirements. The conceptual plans must be submitted prior to any land use action approval and detailed landscape plans must be approved prior to issuance of a building permit.

D. GENERAL LANDSCAPE REQUIREMENTS:

1. Street Frontage Landscaping Required: On-site landscaping is generally required along all street frontages, with the exception of areas of pedestrian walkways and driveways.

2. Pervious Areas to Be Landscaped: Pervious areas, with the exception of critical areas, shall have landscape treatment as appropriate. Landscaping may include hardscape such as decorative paving, rock outcroppings, fountains, plant containers, etc.

3. Residential Rear/Side Yard/Landscaping Along Streets: When rear or side yards are along property lines abutting a street, there shall be a minimum five-foot (5') planting area in the public right-of-way. This will necessitate setting any future fencing back from the edge of the right-of-way so that the landscaping is visible from the street. Landscaping is required prior to occupancy. Maintenance of such areas shall be the responsibility of the property owner(s). The maintenance requirement may necessitate provision of a gate in the fence to access the planting area. (Ord. 5355, 2-25-2008)

4. Compliance with Zone Standards Required: See specific zone requirements listed in chapter 4-2 RMC.

5. Parking Lot Landscaping Requirements: Parking lot landscaping requirements are listed in RMC 4-4-080F7.

Trees shall be retained in accordance with RMC 4-4-130, Tree Retention and Land Clearing Regulations.

6. Use of Existing Plant Material: Existing trees and other vegetation on the site of a proposed development shall be used to augment new plantings to meet the requirements of this Section.

7. Use of Drought-Resistant Plants: Incorporation of drought-resistant plants into the landscape is encouraged.

8. Avoidance of Hazards: All landscaping shall be planned in consideration of the public health, safety, and welfare.

a. Landscaping shall not intrude within the clear vision area at driveways and street intersections.

b. Trees planted near overhead power lines shall be species that will not eventually grow into such lines.

c. Landscaping shall not obscure fire hydrants or access for emergency response vehicles.

d. Avoid planting trees that may damage sidewalks.

9. Preservation of Unique Features: Unique features within the site shall be preserved and incorporated into the site development design (such as significant vegetation and rock outcroppings).

10. Slopes: Stripping of vegetative slopes where harmful erosion and runoff will occur shall be prohibited. The faces of cut and fill slopes shall be developed and maintained to control against erosion. This control may consist of effective planting. The protection for the slopes shall be initiated upon completion of grading and fully installed within thirty (30) days of grading completion and prior to a request for final project approval. Where slopes are not subject to erosion due to the erosion-resistant character of the materials such protection may be omitted with the permission of the Public Works Department; provided, that this protection is not required by the rehabilitation plan.

11. Erosion Control Devices: Where necessary, check dams, cribbing, riprap or other devices or methods shall be employed to control erosion and sediment, provide safety and control the rate of water runoff.

12. Permanent Underground Irrigation System Required:

a. Underground irrigation systems shall be installed and maintained in good working order in all landscaped areas of industrial, commercial, and multi-family development, and landscaped common areas in single family subdivisions.

b. The irrigation system shall provide full water coverage of the planted areas as specified in the plan.

c. The irrigation system maintenance program shall include scheduled procedures for winterization.

d. Exceptions: Landscape plans featuring one hundred percent (100%) drought-tolerant plants or landscaping already established without irrigation systems are exempt from installation of a permanent irrigation system, but drought-tolerant proposals must provide supplemental moisture by means of a City-approved temporary irrigation system for a period not less than two (2) years. The applicant must provide a maintenance security device for a period of three (3) years from the date of approval of landscape installation to ensure survival of plants. (Ord. 5153, 9-26-2005; Ord. 5304, 9-17-2007)

E. SPECIFIC LANDSCAPE REQUIREMENTS:

1. Trees: Street trees, conforming to City of Renton recommendations, are required when projects front public streets.

a. Street trees may be planted in the public right-of-way or on private property.

b. Where tree branches might interfere with pedestrians or vehicles in the right-of-way, trees should have a clear area of eight feet (8') above the ground for pedestrian paths and bicycle lanes and fifteen feet (15') above streets.

c. Removal, severe pruning (not meeting tree care standards of the American National Standards Institute), or topping (severing the main stem) of any street tree within the City of Renton is prohibited without authorization from the Development Services Division of the Planning/Building/Public Works Department.

d. The responsibility for on-going maintenance or replacement of damaged trees is with the property owner, or in the case of off-site landscaping for plats, responsibility lies with the homeowner’s association. Routine maintenance procedures do not require prior authorization by the City.

e. Authorized pruning and routine maintenance of trees shall meet the American National Standards Institute (ANSI) tree care standards (ANSI Z133.1 and A300).

2. Soil: Soil shall be prepared for landscape installation according to industry standards to be conducive to the healthy growth of new plants.

a. Topsoil, original to the site and if suitable for planting areas, may be stored during site construction for reuse during the landscape installation phase.

b. Topsoil shall be rich in organic material or amended to be so.

c. Clay soil is not acceptable and must be removed from landscape areas if naturally present on the site.

d. In residential development projects where rear yard setbacks between a rear fence and primary structure are not landscaped by the developer, soil in those areas must consist of topsoil viable for plant growth and be in suitable condition for landscaping prior to occupancy.

e. Construction debris must be removed and not buried on site.

3. Drainage: All landscape areas shall have adequate drainage, either through natural percolation or by means of an installed drainage system.

4. Plants: All plants specified shall be adapted to the site (sun exposure, cold hardiness, moisture requirements, soil type, soil pH, etc.). In addition:

a. All plant material shall meet the most recent American Standards for Nursery Plant Stock (ANSI Z60.1-2004). (Ord. 5355, 2-25-2008)

b. Wetland plant material shall be either specified by a Certified Wetland Biologist, or selected from the City of Renton Wetland Plant Replacement List [approval pending].

c. Caution should be used so as to avoid introducing highly invasive plants into the City landscape.

5. Berms: When berms are incorporated into the landscape design, they shall not exceed slopes of 3:1 for lawn areas or 2:1 for other plant material.

F. LANDSCAPE INSTALLATION:

All approved landscaping shall be installed before the issuance of an occupancy permit.

G. DEFERRAL OF LANDSCAPE IMPROVEMENTS:

Deferral of landscape installation, due to seasonal planting difficulties or to the fact that the project is impacted by a pending public works project, may be requested pursuant to RMC 4-9-060, Deferral of Improvement Installation Procedures.

H. AMENDED LANDSCAPING PLAN:

1. Modification of Landscape Plans: In the event there are significant physical elements that are discovered after preliminary plan approval that may prevent installation of the landscaping as proposed, the landscape plan may be modified upon request to the Development Services Director. Such request must be accompanied by the following:

a. Copy of original, approved landscape plan.

b. An amendment plan meeting requirements of RMC 4-8-120D12, Landscaping Plan, Detailed.

c. Narrative describing and justifying proposed changes.

d. Modified tree retention and land clearing plan for any protected trees proposed to be removed in accordance with RMC 4-4-130, Tree Retention and Land Clearing Regulations.

2. Acceptability of Requested Modifications: The plans may be approved, denied or returned to the applicant with suggestions for changes that would make them acceptable.

3. Failure of Plan to Meet Intent: The Development Services Director may initiate revisions to an approved landscape plan, prior to release of a surety device, if the installed landscaping has failed to meet the intent of City landscape requirements. (Ord. 5304, 9-17-2007)

I. PERFORMANCE SURETY DEVICE:

1. If landscaping is not installed prior to occupancy, a performance surety device, such as a landscape bond, shall be required prior to obtaining a temporary occupancy permit. Such device shall be valid for a period of one hundred twenty (120) days and in sufficient amount equal to the cost of one hundred twenty five percent (125%) of the landscape value as installed, to ensure required landscape standards have been met.

2. The Development Services Director may request that the applicant or owner submit a current estimate of cost, or may request competitive bids to be obtained prior to accepting a performance assurance device.

J. MAINTENANCE:

1. Maintenance Surety Device: A surety device shall be required, prior to obtaining an occupancy permit, for a period of not less than three (3) years and in sufficient amount, not less than fifteen percent (15%) of the value of the landscaping, installed, to ensure required landscaping is maintained until established (estimated to be three years).

2. Maintenance Required: Landscaping required by this Section shall be maintained by the owner and/or occupant and shall be subject to periodic inspection by the Development Services Division. Plantings are to be maintained in a healthy, growing condition and those dead or dying shall be replaced. Property owners shall keep the planting areas reasonably free of weeds and litter.

3. Failure to Maintain Landscaping: The Development Services Division Director is authorized to notify the owner and/or agent that any installed landscaping as required by the Development Services Division is not being adequately maintained and the specific nature of the failure to maintain. The Development Services Division shall send the property owner or agent written notice, specifying what corrections shall be made.

K. DAMAGED LANDSCAPING:

Upon request of the City, any landscaping required by City regulations that is damaged must be replaced with like or better landscaping as determined by the Development Services Director. See also “Specific Landscape Requirements, Trees” herein.

(Ord. 3718, 3-28-1983; Ord. 4832, 3-6-2000; Ord. 4856, 8-21-2000; Amd. Ord. 4963, 5-13-2002; Ord. 5100, 11-1-2004)

4-4-075 LIGHTING, EXTERIOR ON-SITE:

A. PURPOSE:

The purpose of these regulations is to provide for ample, but not excessive illumination levels, promote the general public health, welfare, and safety, and discourage light trespass beyond the boundaries of the property on which the light is located.

B. APPLICABILITY:

The standards of this section shall apply to the addition or replacement of light fixtures. Additionally, the standards of this Section apply to remedy existing residential lighting that creates nuisances to abutting properties per chapter 1-3 RMC, as defined in RMC 1-3-4A11c(21).

C. EXEMPTIONS:

The following are exempt from the provisions of this Section:

1. Signage.

2. Temporary Holiday or Decorative Lighting: Temporary holiday or decorative lighting is exempt provided there is no light trespass beyond property boundaries of the subject site.

3. Official Government Flags: Display lights are permitted when providing illumination of official government flags, provided there is no light trespass beyond property boundaries.

4. Right-of-way lighting.

5. Stadiums, parks, and sports fields.

D. AUTHORITY:

During development permit review, the Responsible Official shall determine compliance with the provisions of this Section. Conditions of approval may be applied to achieve compliance. The Development Services Division Director or designee shall enforce the provisions of this Section.

E. STANDARDS:

No use or activity shall cause light trespass beyond the boundaries of the property lines.

1. Building Lights: All building lights shall be directed onto the building itself or the ground immediately abutting to it. The light emissions shall not be visible above the roofline of the building.

2. Parking Lot or Display Lot Lights: Parking lot or display lot light fixtures shall be non-glare and mounted no more than twenty five feet (25') above the ground to minimize the impact onto adjacent and abutting properties. All fixtures shall be fitted with a cutoff type luminaire as exemplified below.

F. MODIFICATIONS OF STANDARDS:

Lighting which does not meet the standards in subsection E of this Section may be permitted by the Reviewing Official as follows: Alternative shielding of lights, or lighting visible above the roofline may be permitted via the site plan review process for applications requiring such review or via a modification approved by the Development Services Division Director in accordance with RMC 4-9-250D for applications which do not require site plan review. In any case, no use or activity shall cause light trespass beyond the boundaries of the property lines.

G. VARIANCES TO STANDARDS:

A variance to standards, pursuant to RMC 4-9-250, is required to alter any other requirements of this Section that are not allowed to be altered in accordance with subsection F, Modifications to Standards.

H. APPEALS:

See RMC 4-8-110. (Ord. 4963, 5-13-2002)

4-4-080 PARKING, LOADING AND DRIVEWAY REGULATIONS:

A. PURPOSE:

It is the purpose of this Section to provide a means of regulating parking to promote the health, safety, morals, general welfare and aesthetics of the City of Renton by specifying the off-street parking and loading requirements for all uses permitted in this Code and to describe design standards and other required improvements. Furthermore, it is the intent of this Section to promote the efficient use of the City’s transportation facilities by incorporation into that system of alternative modes of transportation to the single occupancy vehicle to promote the movement of

people from place to place. It is the goal of this Section to allow the provision of sufficient off-street parking to meet the needs of urban development while not providing an excess surplus of spaces. (Ord. 4517, 5-8-1995)

B. SCOPE OF PARKING, LOADING AND DRIVEWAY STANDARDS:

1. Applicability:

a. Within the Center Downtown Zone: This Section, except for subsections F1 through F9 and J of this Section, shall apply in the following cases:

i. New Buildings or Structures: If construction replaces an existing building, only the area exceeding the area of the original structure shall be used to calculate required parking.

ii. Building/Structure Additions: Only the area exceeding the area of the original structure shall be used to calculate required parking.

b. Outside the Center Downtown Zone: Off-street parking, loading areas, and driveways shall be provided in accordance with the provisions of this Section in the following cases:

i. New buildings or structures.

ii. Building/Structure Additions: The enlargement or remodeling of an existing building/structure by more than one-third (1/3) of the area of the building/structure.

iii. Paving or Striping: The paving of a parking lot with permanent surface, or striping a previously unstriped lot.

iv. Change in Use: The change of all or a portion of a building/structure or land use to a use requiring more parking than the previous use, as specified in subsection F10 of this Section, except when located in a shopping center.

v. Activities Requiring Deliveries or Shipments: Uses requiring merchandise deliveries and/or shipments shall provide adequate permanent off-street loading space in addition to required parking for the use. (Ord. 3988, 4-28-1986; Ord. 4517, 5-8-1995; Ord. 4999, 1-13-2003; Amd. Ord. 5087, 6-28-2004)

2. Conformance Required: It shall be unlawful for any person hereafter to erect, construct, enlarge, move or convert any parking lot, parking structure, loading area, or driveway in the City or cause or permit the same to be done contrary to or in violation of any of the provisions of this Section. Driveways shall be constructed to City standards. (Ord. 4517, 5-8-1995, Ord. 4351, 5-4-1992)

3. Plans Required: Where off-street parking is required, except for single family dwellings, a plan shall be submitted for approval by the Building Department. The plan must be accompanied by sufficient proof of ownership that indicates the spaces contemplated will be permanent.

4. Future Changes to Parking Arrangement: Any future changes in parking arrangements or number of spaces must be approved by the Development Services Division. (Amd. Ord. 5087, 6-28-2004)

5. Timing for Compliance:

a. Building Permit Required: No construction, alteration or changes in uses are permitted until all the information in RMC 4-8-120D16p, Parking Analysis, and 4-8-120D19s, Site Plan, has been submitted and approved by the appropriate City departments and building permit has been issued.

b. Requirements Prior to Occupancy Permit: The premises shall not be occupied until the parking lot is paved, marked, landscaped and lighted (if the lot is to be illuminated) and an occupancy permit has been issued, unless a deferment has been granted.

c. Requirements Prior to Business License Issuance: A business license shall not be issued until an occupancy permit has been issued. (Ord. 3988, 4-28-1986; Ord. 4351, 5-4-1992; Ord. 4517, 5-8-1995; Ord. 4999, 1-13-2003; Ord. 5357, 2-25-2008)

C. (Deleted by Ord. 5357, 2-25-2008)

(Ord. 4671, 7-21-1997; Ord. 4722, 5-11-1998; Amd. Ord. 5087, 6-28-2004)

D. ADMINISTRATION:

1. Authority: The Planning/Building/Public Works Department is hereby authorized and directed to enforce all the provisions of this Section. For such purpose, the Planning/Building/Public Works Administrator or his/her duly authorized representative shall have the authority of a police officer. (Ord. 4517, 5-8-1995)

2. Interpretation:

a. Calculation of Number of Parking Spaces – Fractions: When a unit of measurement determining the number of required parking spaces results in the requirement of a fractional space, any fraction up to but not including one-half (1/2) shall be disregarded and fractions one-half (1/2) and over shall require one parking space. (Ord. 3988, 4-28-1986)

b. Measurement of Distance – Method: Where a distance is specified, such distance shall be the walking distance measured from the nearest point of the parking facility to the nearest point of the building that such facility is required to serve. (Ord. 4517, 5-8-1995)

c. Measurement of Seat Width – Benches and Pews: In stadiums, sports arenas, churches and other places of assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each eighteen inches (18") of length of such seating facilities shall be counted as one seat for the purpose of determining requirements for off-street parking facilities under this Section. (Ord. 3988, 4-28-1986)

E. LOCATION OF REQUIRED PARKING:

1. On-Site Parking Required: Required parking as specified herein shall be provided upon property in the same ownership as the property upon which the building or use requiring the specified parking is located or upon leased parking. Off-street parking facilities shall be located as hereinafter specified:

a. Detached, Semi-Attached and Two (2) Attached Dwellings: On the same lot with the building they are required to serve.

b. Attached Dwellings Three (3) or More Units: May be on contiguous lot with the building they are required to serve; provided, the provisions of subsection E2 (Off-Site Parking) of this Section are complied with. (Ord. 5355, 2-25-2008; Ord. 5369, 4-14-2008)

c. Boat Moorages: May have parking areas located not more than six hundred feet (600') from such moorage facility or closer than one hundred feet (100') to the shoreline (see subsection F10 of this Section). Accessible parking as required by the Washington State Barrier Free Standards can be allowed within one hundred feet (100') per subsection F8g of this Section.

d. Other Uses: On the same lot with the principal use except when the conditions as mentioned in subsection E2 (Off-Site Parking) of this Section are complied with. (Amd. Ord. 4790, 9-13-1999)

2. Off-Site Parking:

a. When Permitted: If sufficient parking is not available on the premises of the use, a private parking area may be provided off-site, except for single and two (2) family dwellings. (Amd. Ord. 5330, 12-10-2007)

b. Agreement Required: A parking agreement ensuring that off-site parking is available for the duration of the use shall be approved by the Development Services Director, following review by the City Attorney.

c. Additional Information Required: The Development Services Division shall review the following as part of the permit process:

i. A letter of justification addressing the need for off-site parking and compatibility with the surrounding neighborhood.

ii. A site plan showing all dimensions of parking spaces, aisles, landscaping areas, adjacent street improvements, curb cuts, and on-site and adjacent uses and buildings.

d. Fees: No charge for use of such parking area shall be made in any residential zone except on a weekly or monthly basis.

e. Maximum Distance to Off-Site Parking Area:

i. Within the Center Downtown Zone: No distance requirements apply when both the use and off-site parking are located within the Center Downtown.

ii. Within the UC-N1 and UC-N2 Zones: Off-site parking shall be within five hundred feet (500') of the building or use if it is intended to serve residential uses, and within one thousand five hundred feet (1,500') of the building or use if it is intended to serve nonresidential uses.

iii. All Other Zones: Off-site parking shall be within five hundred feet (500') of the building or use if it is intended to serve residential uses, and within seven hundred fifty feet (750') of the building or use if it is intended to serve nonresidential uses.

f. Transportation Management Plan Exception: The Planning/Building Public Works Department may modify the maximum distance requirements if a Transportation Management Plan or other acceptable transportation system will adequately provide for the parking needs of the use and the conditions outlined in RMC 4-9-250D2 are met. (Ord. 3988, 4-28-1986; Ord. 4517, 5-8-1995; Ord. 5030, 11-24-2003; Amd. Ord. 5087, 6-28-2004)

3. Joint Use Parking Facilities:

a. When Permitted: Joint use of parking facilities may be authorized only for those uses that have dissimilar peak-hour demands. (Amd. Ord. 5330, 12-10-2007)

b. Agreeme