Ordinance 08-026 Amending SVMC: Sections of Title 19 SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 08-026
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON AMENDING ORDINANCE 07-015 SPOKANE VALLEY MUNICIPAL
CODE SECTIONS 19-A, 19.30, 19.40.020, 19.40.010, 19.60.010, 19.70.010 and 19.70.020
ADDING PROVISIONS FOR CERTAIN ACCESSORY STRUCTURES TO
ENCROACH INTO THE REQUIRED SETBACKS IN THE RESIDENTIAL,
COMMERCIAL, MIXED USE, OFFICE AND INDUSTRIAL ZONES, ALLOWING
THE REPLACEMENT OF EXISTING, HABITABLE SINGLE WIDE
MANUFACTURED HOMES, ALLOWING REDUCED DUPLEX LOT SIZES IN THE
R-3 AND R-4 RESIDENTIAL ZONES AND REQUIRING SETBACKS FROM
PRIVATE DRIVEWAYS, AND ALLOWING MEDICAL AND DENTAL CLINICS TO
LOCATE IN AREAS ZONED GARDEN OFFICE. AMENDING THE REQUIRED
MANUFACTURED HOME ROOF PITCH AND REPEALING THE REQUIREMENT
THAT CIRCUMSTANCES HAVE CHANGED SUBSTANTIALLY TO WARRANT A
SITE SPECIFIC ZONE CHANGE 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
September 25th, 2008 and determined to add provisions for certain accessory structures to encroach in the
required setbacks in the residential, commercial, mixed use, office, and industrial zones, allowing the
replacement of existing, habitable single wide manufactured homes, requirements for the placement of
outdoor lighting in residential areas, allowing reduced duplex lot sizes in the R-3 and R-4 residential
zones and requiring setbacks from private driveways, and allowing medical and dental clinics to locate in
areas zoned Garden Office. Amending the required manufactured home roof pitch and repealing the
requirement that circumstances have changed substantially to warrant a site specific zone change 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 On Chapter 19.120.010 General shall be amended as follows:
19.120.010 General
Uses are classified using the 2002 North American Industry Classification System (NAICS) published by
the U.S. Census Bureau based on category and subcategory. Subcategories include all uses not identified
separately by specific number. Uses may be permitted, be subject to conditions, or require conditional or
temporary use permits as shown in Appendix 19-A,the schedule of permitted and accessory uses.
Ordinance 08-026 Batch Amendments Page 1 of 8
45 45393 Manufactured home sales P P P
32 327 Manufacturing, nonmetallic metal P P
products
45 453998 Market, outdoor T T T TT T
62 621498 Massage therapy P P P P P P P P
31 3116— Meat/fish canning, cutting, curing and P P
3117 smoking
33 3391 Medical and laboratory P P p
instrument/apparatus manufacturing
42 42345 Medical, dental, and hospital p P P A P
equipment supply/sales
62 6214 Medical/dental clinic PPPPP PPP P
62 621 Medical/dental office PPPPPPPP P
33 332 Metal fabrication P P
33 332 Metal plating P
33 332 Metal processes, hot P
Mineral product manufacturing,
nonmetallic
21 212 Mining P
See zoning districts
72 722330 Mobile food vendors S S S S S SS S S for conditions.
TTTTTT23 236115 Model home units
71 71211 Museum PPPPP PPP
Section Two: Chapter 19.30.030 Site Specific zoning map amendments shall be amended as
follows:
19.30.030 Site-specific zoning map amendments.
A. Site-specific zoning map amendment requests may be submitted at any time. Site-specific zoning
map amendments are classified as Type III development applications and shall be processed pursuant to
SVMC 17.80.140.
B. All site-specific zoning map amendment requests must meet all of the following criteria:
1. The requirements of the Chapter 22.20 SVMC, Concurrency;
2. The requested map amendment is consistent with the Comprehensive Plan;
3. The map amendment bears a substantial relation to the public health, safety and welfare;
4. The map amendment is warranted in order to achieve consistency with the Comprehensive
Plan or because of a need for additional property in the proposed zoning district classification, or because
the proposed zoning classification is appropriate for reasonable development of the subject property;
5. Property is adjacent and contiguous (which shall include corner touches and property located
across a public right-of-way)to property of the same or higher zoning classification;
6. The map amendment will not be materially detrimental to uses or property in the immediate
vicinity of the subject property;
7. The map amendment has merit and value for the community as a whole. (Ord. 07-015 § 4,
2007).
Ordinance 08-026 Batch Amendments Page 2 of 8
Section Three: Chapter 19.40.120 Manufactured housing shall be amended as follows:
19.40.120 Manufactured housing
A. Pursuant to the requirements of Chapter 35.21 RCW, the City does not discriminate against
consumers' choices in the placement or use of a home that is not equally applicable to all homes. This
section applies only to manufactured housing units placed on individual lots.
B. Homes built to 42 U.S.C. 7 Sections 5401 through 5403 standards (as they may be amended) are
regulated for the purposes of siting in the same manner as site-built homes, factory-built homes, or homes
built to any other state construction or local design standard; provided, however, that the manufactured
home shall:
1. Be a"new" manufactured home; and
2.Be set upon a permanent foundation, as specified by the manufacturer, and that the space from
the bottom of the home to the ground be enclosed by concrete or an approved product which can be either
load-bearing or decorative; and
3. Comply with all local design standards, including the requirement for a pitched roof with a
slope of not less than 3:12, applicable to all other homes within the neighborhood in which the
manufactured home is to be located; and
4. Be thermally equivalent to the state energy code; and
5. Otherwise meet all other requirements for a designated manufactured home as defined in RCW
35.63.160.
C. This section does not override any legally recorded covenants or deed restrictions of record.
A "new manufactured home" means any manufactured home required to be titled under RCW Title 46,
which has not been previously titled to a retail purchaser, and is not a "used mobile home" as defined in
RCW 82.45.032(2).
A "designated manufactured home" is a manufactured home constructed after June 15, 1976, in
accordance with state and federal requirements for manufactured homes, which:
1. Is comprised of at least two fully enclosed parallel sections each of not less than 12 feet wide
by 36 feet long; and
a. An existing single wide manufactured home may be replaced with a "new" single wide
manufactured home when replacement is initiated within 12 months of the date of damage which
represents less than 80%of market value, or removal of existing habitable manufactured home.
2. Was originally constructed with and now has a composition or wood shake or shingle, coated
metal,or similar roof of nominal 3:12 pitch; and
3. Has exterior siding similar in appearance to siding materials commonly used on conventional
site-built International Building Code single-family residences. (Ord. 07-015 § 4, 2007).
Section Four: Chapter 19.40.010 General Provisions shall be amended as follows:
19.40.010 General provisions.
A.No principal or accessory structure shall be located within the clearview triangle (Chapter 22.70
SVMC).
B. In the districts where the height of buildings is restricted to 35 feet, cooling towers; roof gables,
chimneys and vent stacks may extend for an additional height, not to exceed 40 feet, above the average
grade line of the building. Water stand pipes and tanks, church steeples, domes and spires and school
buildings and institutional buildings may be erected to exceed maximum height requirements; provided,
that one additional foot shall be added to the width and depth of front, side and rear yards for each foot
that such structures exceed the required height.
C.No structure may be erected to a height in excess of that permitted by applicable airport hazard
zoning regulations.
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D. Recreational vehicles shall not be used as permanent or temporary dwelling units in any residential
zone. Guests may park and/or occupy a recreational vehicle while visiting the occupants of a dwelling
unit located on the same lot for not more than 30 days in one consecutive 12-month period. The intent is
to accommodate visiting guests and not to allow the recreational vehicle to be used as a dwelling unit.
(Ord. 08-006 § 1, 2008; Ord. 07-015 § 4, 2007).
E. The following features attached to structures area allowed as exceptions to the setback standards:
1. Minor Projections Allowed: Minor features of a structure, such as eaves, chimneys, fire
escapes, bay windows no more than 12 feet long and which cantilever beyond the foundation of the
structure, uncovered stairways, and uncovered decks or balconies, may extend into a required setback up
to twenty percent of the depth of the setback. However, they may not be within three feet of a lot line
when a setback is required. Wheelchair ramps are allowed to project into the setback based on Title 24,
of the SVMC, Building Codes. Attached mechanical equipment such as heat pumps, air conditioners,
emergency generators and water pumps are allowed to project into the side or rear setback only.
Section Five: Chapter 19.40.020 Residential Standards shall be amended as follows:
19.40.020 Residential standards.
A. Residential development shall meet the minimum area and setback requirements, and maximum lot
coverage and building height requirements shown in Table 19.40-1.
Table 19.40-1 —Residential Zone Dimensional Standards (In Feet)
R-1 R-2 R-3 R-4 MF-1 MY-2 PRD
Single Family Lot 40,000 10,000 7,500 6,000 3,600 2,000 Underlying
Minimum Area per dwelling zone
unit/
Duplex Lot area per dwelling unit 6,000 5,000
Lot Width 80 80 65(4) 50 45 20 30
Lot Depth 100 90 90 80 80 80 50
Front and Flanking Street Yard Setback(2)(3) 35 15 15 15 15 15 15
Garage Setback(2)(3) 35 20 20 20 20 20 20
Rear Yard Setback(1)(3) 20 20 20 20 10 10 15
Side Yard Setback(1)(3) 5 5 5 5 5 5 5
Open Space 10% gross area
Maximum Lot Coverage 30.0% 50.0% 50.0% 55.0% 60.0% 65.0% 60.0%
Building Height(In Feet) 1 35 1 35 35 135 140 50 Underlying zone
(1) No accessory structure shall be located in the front or flanking street yard, and shall be set back not less
than five feet from any side or rear yard.
(2) Attached garages, where the garage door does not face the street, may have the same setback as the
principal structure.
(3) Setbacks,when adjacent to a private road or driveway easement, are established from the inner
edged of the road or driveway and are the same as noted above except the flanking road which
would be five (5)feet.
I (4) Duplex lots in R-3 zones may be a minimum of 60 feet in width
Ordinance 08-026 Batch Amendments Page 4 of 8
Section Six: Chapter 19.60.010 General Requirements shall be amended as follows:
19.60.010 General Requirements
A. Nonresidential development shall meet the minimum setback and the maximum height
requirements shown on Table 19.60-1.
B. Parking areas shall be paved and landscaped 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.
F. All outdoor trash, garbage and refuse storage areas shall be screened on all sides visible to public
views or rights-or-ways with a minimum five and one-half (5 '/z) foot high concrete block or
masonry wall or sight obscuring fence with a sight obscuring gate and two (2) feet of Type II
landscaping in accordance with Figure 22.70-8 SVMC.
F. 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 plants, and fixed cranes which are used in a
manufacturing process which utilizes vertical processing and storage of materials.
4. Water stand pipes and tanks.
G. The following features attached to structures are allowed as exceptions to the setback standards:
1. Minor Projections Allowed:
Minor features of a structure, such as eaves, chimneys, fire escapes, bay windows no
more than 12 feet long and which cantilever beyond the foundation of the structure, uncovered
stairways, wheelchair ramps and uncovered decks or balconies, may extend into a required
structure setback up to twenty percent of the depth of the setback. However, they may not be
within three feet of a lot line when a setback is required.
2. Full Projections Allowed:
In addition to subsection 19.60.010(G)(1), the following features are allowed to project farther
into the required structure setback:
a. Canopies, marquees, awnings and similar features may fully extend into a street setback and
may extend into the public right-of-way subject to the requirements of the building code and
adopted street standards.
b. Uncovered stairways and wheelchair ramps that lead to one entrance on the street facing
facade of a building may fully extend into a street setback.
c. Uncovered decks and stairways that are no more than forty-two inches above the ground may
fully extend into a required structure setback; and
d. On lots that slope down form the street, vehicular and pedestrian entry bridges that are no
more than forty-two inches above the average sidewalk elevation may fully extend into a required
structure setback.
e. Balconies may extend into public rights-of-way as allowed in the building code and adopted
street standards.
f. Attached mechanical equipment such as heat pumps, air conditioners, emergency generators
and water pumps are allowed to project into the side or rear yard setback only.
Ordinance 08-026 Batch Amendments Page 5 of 8
Section Seven: Chapter 19.70.010 Light Industrial shall be amended as follows:
19.70.010 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 plants, and fixed cranes which are used in a
manufacturing process which utilizes vertical processing and storage of materials.
d.. Water stand pipes and tanks.
5. The following features attached to structures are allowed as exceptions to the setback
standards: Minor Projections Allowed.
a.. Minor features of a structure, such as eaves, chimneys, fire escapes, bay windows no
more than 12 feet long and which cantilever beyond the foundation of the structure,
uncovered stairways, wheelchair ramps and uncovered decks or balconies, may extend
into a required structures setback up to twenty percent of the depth of the setback.
However,they may not be within three feet of a lot line when a setback is required.
b. Full Projections Allowed.
In addition to subsection 19.60.010(F)(1), the following features are allowed to project
farther into the required structure setback:
i. Canopies, marquees, awnings and similar features may fully extend into a street
setback and may extend into the public right-of-way subject to the requirements of
the building code and adopted street standards.
ii. Uncovered stairways and wheelchair ramps that lead to one entrance on the street-
facing façade of a building may fully extend into a street setback.
iii. Uncovered decks and stairways that are no more than forty-two inches above the
ground may fully extend into a required structure setback; and
iv. On lots that slope down from the street, vehicular and pedestrian entry bridges that
are no more than forty-two inches above the average sidewalk elevation may fully
extend into a required structure setback.
Ordinance 08-026 Batch Amendments Page 6 of 8
v. Balconies may extend into public rights-of-way as allowed in the building code and
adopted street standards
vi. Attached mechanical equipment such as heat pumps, air conditioners, emergency
generators and water pumps are allowed to project into the side or rear yard setback
only.
Section Eight: Chapter 19.70.020 Heavy Industrial shall be amended as follows:
19.70.020 I-2,Heavy Industrial
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.
B. 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
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.
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 plants, and fixed cranes which are used in a
manufacturing process which utilizes vertical processing and storage of materials.
d. Water stand pipes and tanks.
4. The following features attached to structures are allowed as exceptions to the setback
standards:
a. Minor Projections Allowed.
Minor features of a structure, such as eaves, chimneys, fire escapes, bay windows no more
than 12 feet long and which cantilever beyond the foundation of the structure, uncovered
stairways, wheelchair ramps and uncovered decks or balconies, may extend into a
required structures setback up to twenty percent of the depth of the setback. However,
they may not be within three feet of a lot line when a setback is required.
b. Full Projections Allowed.
In addition to subsection 19.60.010(F)(1), the following features are allowed to project
farther into the required structure setback:
i. Canopies, marquees, awnings and similar features may fully extend into a street
setback and may extend into the public right-of-way subject to the requirements of the
building code and adopted street standards.
ii. Uncovered stairways and wheelchair ramps that lead to one entrance on the street-
facing façade of a building may fully extend into a street setback.
iii. Uncovered decks and stairways that are no more than forty-two inches above the
ground may fully extend into a required structure setback; and
iv. On lots that slope down from the street, vehicular and pedestrian entry bridges
that are no more than forty-two inches above the average sidewalk elevation may fully
extend into a required structure setback.
Ordinance 08-026 Batch Amendments Page 7 of 8
v. Balconies may extend into public rights-of-way as allowed in the building code
and adopted street standards
Section Nine: 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 Ten: 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 9`"day of December, 2008.
.000 „goer
,ofr
ayor,-•iclard'Munson
ATT T.
/3 a
City Clerk, Christine Bainbridge
Approved as to Form:
I
Office of ite City A ey
Date of Publication: /2 —f –ee
Effective Date: l Z �
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