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Ordinance 08-017 Amending SVMC: Height Limits CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO.08-017 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON AMENDING ORDINANCE 07-015 SPOKANE VALLEY MUNICIPAL CODE SECTIONS 19.60.010, 19.70.010, and 19.70.020 ADDING PROVISIONS FOR CERTAIN ACCESSORY STRUCTURES TO EXCEED THE HEIGHT LIMIT IN THE COMMERCIAL,MIXED USE,OFFICE AND INDUSTRIAL ZONES AS FOLLOWS: WHEREAS, the City of Spokane Valley adopted the Uniform Development Code (UDC) pursuant to Ordinance 07-015,on the 24th day of September,2007;and WHEREAS,the UDC became effective on 28th day of October,2007; and WHEREAS, the Spokane Valley Planning Commission held a public hearing on these issues on July 24th, 2008 and determined that adding a provision to the UDC allowing certain accessory structures to exceed the height limit in the Commercial, Office, Mixed Use and Industrial zones met the criteria for approving an amendment including being consistent with the Spokane Valley Comprehensive Plan and that it bears a substantial relation to the public health, safety and welfare and protection of the environment NOW THEREFORE, THE CITY COUNCIL SPECIFICALLY ORDAINS AS SET FORTH BELOW: Section One: SVMC Chapter 19 shall be amended as follows: 19.60 DISTRICT PURPOSE AND SUPPLEMENTAL USE REGULATIONS-COMMERCIAL, OFFICE,AND MIXED USE ZONES 19.60.010 General Requirements A. Nonresidential development shall meet the minimum setback and the maximum height requirements shown in Table 19.60-1. B. Parking areas shall be paved and landscape in accordance with Chapter 22.50 SVMC. C. New development exceeding three stories in height shall be provided with paved service lanes not less than 16 feet in width. D. All new development shall provide for shared access with adjacent properties. E. The following structures may be erected above the height limits of this Code in the Office, Commercial,and Mixed Use zones,provided;(A)The structure is accessory to or part of a building which is a permitted use in the zone; (B)The structure complies with the height limits in the Airport Overlay zone; and(C)No residential use of the structure shall occur above the height limits prescribed in the zone. 1. Penthouses or roof structures for the housing of elevators, stairways,tanks, ventilating fans,or similar equipment to operate and maintain a building. 2. Fire or parapet walls,skylights, flagpoles,chimneys, church steeples, belfries, wireless masts,and similar structures. 3. Structures such as silos, feed mills, batch plats,and fixed cranes which are sued in a manufacturing process which utilizes vertical processing and storage of materials. 4. Water stand pipes and tanks. Ordinance 08-017 Exception to the height requirement Page 1 of 3 19.70 DISTRICT PURPOSE AND SUPPLEMENTAL USE REGULATIONS-INDUSTRIAL ZONES 19.70.010 I-1,Light Industrial A. The Light Industrial designation is a planned industrial area with special emphasis and attention given to aesthetics, landscaping and internal and community compatibility. Typical uses would include technology and other low-impact industries. Light industrial areas may also include office and commercial uses as ancillary uses within an overall plan for industrial development. B. Supplemental Regulations. 1. The outdoor storage provisions contained in SVMC 19.60.060(B)shall apply to the I-1 district. 2. Mobile food vendors shall be located on/within designated areas which do not interfere with parking or internal circulation with permission of the property owner, health certificate and permit. 3. Setbacks a. Front.and flanking street yard setbacks shall be 20 feet;and b. Side and rear yard setbacks of 35 feet are required only adjacent to residential zoning districts. (Ord.07-015 4,2007) 4. The following structures may be erected above the height limits of this Code in the Office,Commercial,and Mixed Use zones,provided;(A)The structure is accessory to or part of a building which is a permitted use in the zone;(B)The structure complies with the height limits in the Airport Overlay zone; and(C)No residential use of the structure shall occur above the height limits prescribed in the zone. a. Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans,or similar equipment to operate and maintain a building. b.Fire or parapet walls,skylights, flagpoles,chimneys,church steeples, belfries, wireless masts,and similar structures. c. Structures such as silos, feed mills, batch plats,and fixed cranes which are sued in a manufacturing process which utilizes vertical processing and storage of materials. d. Water stand pipes and tanks. 19.70.020 I-2,Heavy Industrial District A. Heavy Industrial designated property is characterized by intense industrial activities which include manufacturing, processing, fabrication,assembly,freight handling and similar operations. Heavy industry may have significant noise,odor or aesthetic impacts. C. Supplemental Regulations. 1. 1-2 allows any use permitted in the I-1 zoning district,except as specifically provided in Appendix 19-A. 2. Mobile food vendors shall be located on/within designated areas which do not interfere with parking or internal circulation with permission of the property owner, health certificate and permit. 3. The following structures may be erected above the height limits of this Code in the Office,Commercial, and Mixed Use zones, provided;(A)The structure is accessory to or part of a building which is a permitted use in the zone;(B)The structure complies with the height limits in the Airport Overlay zone; and(C)No residential use of the structure shall occur above the height limits prescribed in the zone. Ordinance 08-017 Exception to the height requirement Page 2 of 3 a.Penthouses or roof structures for the housing of elevators,stairways,tanks, ventilating fans,or similar equipment to operate and maintain a building. b. Fire or parapet walls,skylights, flagpoles,chimneys,church steeples, belfries, wireless masts,and similar structures. c. Structures such as silos,feed mills, batch plats,and fixed cranes which are sued in a manufacturing process which utilizes vertical processing and storage of materials. d. Water stand pipes and tanks. Section Two: Severability. If any section, sentence, clause or phrases of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section,clause or phrase-of this Ordinance. Section Three: Effective Date. This ordinance shall be in full force and effect five (5) days after the publication of the Ordinance, or a summary thereof, occurs in the official newspaper of the City as provided by law. Passed by the City Council this 26th day of August,2008. �►/ / j") . r 'r-or, Richard fns. ATTE)? City Clerk,Christine :ainbridge �, Approved as to Form: Office of the City Attorney Date of Publication: q--5 Effective Date: 9 --/rd -d 6 Ordinance 08-017 Exception to the height requirement Page 3 of 3