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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. Ordinance 08-026 Batch Amendments Page 3 of 8 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 � Ordinance 08-026 Batch Amendments Page 8 of 8