Ordinance 08-006 Amending SVMC: Temporary Dwellings, Acessory Dwellings CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 08-006
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, '
WASHINGTON AMENDING ORDINANCE 07-015 SPOKANE VALLEY MUNICIPAL
CODE SECTIONS 19.40.010, 19.40.090, 19.40.100, 19.60.010, 22.130 and Appendix 19-A
ADDING PROVISIONS FOR THE USE OF RECREATIONAL VEHICLES AS
PERMANENT OR TEMPORARY DWELLINGS, ACCESSORY DWELLING UNITS,
ADDING APPROPRIATE DEFINITIONS FOR ACCESSORY DWELLING UNITS,
FLANKING STREET SETBACKS IN NON-RESIDENTIAL ZONING DISTRICTS,
AND RIGHT-OF-WAY FUTURE ACQUISITION AREAS AS FOLLOWS; AND
PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE.
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 City Council adopted Ordinance 07-025 enacting an interim amendment to the UDC
relative to recreational vehicles, accessory dwelling units, adding appropriate definitions and right-of-way
future acquisition areas; and which Ordinance expires May 7,2008; and
WHEREAS, the Spokane Valley Planning Commission held a public hearing on these issues on January
31, 2008 and determined that amending certain provisions of the UDC related to recreational vehicle
usage in residential zones, accessory dwelling units, appropriate definitions and right-of-way future
acquisition areas 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 and 22 shall be amended as follows:
19.40 District Purpose& Supplemental Use Regulations Residential Zones
19.40.010 General Provisions
1. No principal or accessory structure shall be located within the clearview triangle, SVMC
22.70.
2. In the districts where the height of buildings is restricted to thirty-five (35) feet, cooling
towers, roof gables, chimneys and vent stacks may extend for an additional height, not to
exceed forty (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 (1) 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.
3. No structure may be erected to a height in excess of that permitted by applicable Airport
Hazard zoning regulations.
Ordinance 08-006 UDC Title 19 and 22 Amendments Page 1 of 9
4. 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 twelve (12) month period. The intent is to accommodate visiting guests and not
to allow the recreational vehicle to be used as a dwelling unit.
19.40.090 Residential Accessory Uses& Structures
1. Except for the air conditioning compressors of detached single-family residential, cooling
towers and similar accessory structures are required to observe all front, side or rear yards.
2. The combined building footprint of all accessory permanent structures in residential zoning
districts shall not exceed ten percent(10%)of the lot area.
3. The vertical wall of an in-ground swimming pool shall be located behind front building
setback lines and at least five (5) feet from the property line. All pools must be secured in
accordance with the requirements of the adopted building regulations. Temporary fencing is
required during excavation.
19.40.100 Accessory Dwelling Unit(ADU)
Attached and detached ADUs are permitted in all residential zoning districts and shall adhere to the
appearance of single-family residences. An Attached ADU is an accessory dwelling unit that has one
or more vertical and/or horizontal walls in common with, or attached to, the principal dwelling unit.
A Detached ADU is a free standing accessory dwelling unit that is not attached or physically
connected to the principal dwelling unit.
1. Purpose and Intent
a. To increase the supply of affordable housing units and encourage housing diversity
through better use of the existing housing stock in neighborhoods in a manner that is less
intense than new development;
b. To make housing units available to moderate-income people and special populations
including the elderly, mentally ill, victims of domestic abuse, persons with disabilities or
injuries, and the homeless who might otherwise have difficulty finding homes within the
city that supports independent living;
c. To provide residents, particularly seniors, single parents and families with grown
children, with a means to remain in their homes and neighborhoods by obtaining, through
tenants in either the ADU or the principal unit, extra income, companionship, security,
and services;
d. To make better use of existing public investment in streets, transit, water, sewer, and
other utilities; and
e. To protect neighborhood stability, property values, and the single-family residential
appearance of neighborhoods by ensuring that ADUs are installed under the conditions
outlined in this Code.
2. Conditions and Limitations
a. The design and size of the ADU shall conform to all standards in the building, plumbing,
electrical, mechanical, fire, health, utilities and any other applicable codes;
b. An ADU may be developed in conjunction with either an existing or new residence;
c. One(1) ADU, attached or detached, is allowed per lot as an accessory dwelling unit;
d. The ADU must be a complete, independent housekeeping unit;
Ordinance 08-006 UDC Title 19 and 22 Amendments Page 2 of 9
e. The combined footprint of all accessory structures shall not exceed ten percent(10%) of
the lot area;
f. Home professions shall be allowed only within the principal dwelling unit, not the ADU;
g. The owner, as established by the titleholder, must occupy either the principal dwelling
unit or the ADU as their permanent residence, but not both, for six(6) months or more of
the calendar year, and at no time receive rent for the owner-occupied unit; and
h. Approval of an ADU will be revoked if the ADU is no longer in compliance with the
development standards and criteria outlined in 19.40.100(3).
3. Development Standards and Criteria
a. All ADUs, both attached and detached, must meet the following requirements:
i. One (1) paved off-street parking space shall be required for the dwelling unit in
addition to the off-street parking required for the main residence;
ii. The ADU may not exceed fifty percent(50%)of the total habitable footprint and fifty
percent (50%) of the habitable square footage of the principal dwelling unit, nor be
less than three hundred(300)square feet
iii. The total number of individuals that reside in the ADU shall not exceed the number
of persons that are defined as family;
iv. The ADU shall be a complete, separate housekeeping unit;
v. The entrance to the ADU shall be located on the side or in the rear of the structure or
in such a manner as to be unobtrusive in appearance when viewed from the front of
the street, and only one (1) entrance may be located on the façade of the principal
dwelling unit in order to maintain the appearance of a single-family residence;
vi. The ADU unit shall not have more than two(2) bedrooms; and
vii. The ADU shall be designed to meet the appearance of a single-family residence and
must be the same or visually match the principal dwelling unit in the type, size and
placement of the following:
1. Exterior finish materials
2. Roof pitch
3. Trim
4. Windows, in proportion (relationship of width to height) and orientation
(horizontal or vertical).
b. Additional development standards for detached ADUs:
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i. Shall be located behind the front building setback line and placed on a permanent
foundation;
ii. Shall preserve all side yard and rear yard setbacks for a dwelling unit, as established
in Section 19.40.020 Residential Standards in the UDC;
iii. Shall not be allowed on lots containing a duplex, multi-family dwelling or accessory
apartment contained within the principal structure; and
iv. Existing detached accessory structures may be converted into detached ADUs
provided that all development standards and criteria are met, including side yard and
rear yard setbacks.
Ordinance 08-006 UDC Title 19 and 22 Amendments Page 3 of 9
4. Application process.
a. Application for an ADU permit shall be made to the Department of Community
Development in accordance with the permit procedures adopted by the department;
b. Shall include a letter of application affirming that one legal titleholder will live in either
dwelling unit, meeting requirement of owner occupancy;
c. An ADU application shall also be filed as a deed restriction with the Spokane County
department of records and elections to indicate the presence of an ADU,the requirement
of owner occupancy, and other standards for maintaining the unit as described in this
Code;and
d. Cancellation of an ADUs registration may be accomplished by the owner filing a letter
with the department of community development for recording at the department of
records and elections,or may occur as a result of an enforcement action.
19.60 District Purpose& Supplemental Use Regulations Commercial,Office& Mixed Use Zones
19.60.010 General Requirements
1. Non-residential development shall meet the minimum setback and the maximum building
height requirements shown in Table 19.60-1.
2. Parking areas shall be paved and landscaped in accordance with SVMC 22.50.
3. New development exceeding three (3) stories in height shall be provided with paved service
lanes not less than sixteen(16)feet in width.
4. All new development shall provide for shared access with adjacent properties.
Table 19.60-1 Commercial Development Standards
Office Commercial Mixed Use Industrial
GO 0 NC C RC CC* CMU* MUC* I I2
Minimum
Front Yard 20 20 20 20 20 20 20 20 20 20
Setback
Minimum
Flanking 20 20 20 20 20 20 20 20 20 20
Street
Setback
Minimum
Side and
Rear Yard
adjacent to 20 20 20 20 20 20 20 20 35 35
a
residential
use or zone
Maximum
Building 45 100 35 35 100 Unlimited 50 60 40 65
Height(in
feet) _
* Except as otherwise required
Ordinance 08-006 UDC Title 19 and 22 Amendments Page 4 of 9
22.130.030 Required Improvements and Dedication
Prior to the issuance of any approvals or permits subject to the provisions of this chapter, the
Development Services Senior Engineer shall determine the extent and type of roadway
improvements, dedication or designation of future acquisition areas required as part of the
development proposal. The Development Services Senior Engineer shall utilize the following in
determining the scope of the improvements:
1. The Comprehensive Plan,
2. The Arterial Street Map,
3. The street construction standards, and
4. The functional, safety, efficiency and coordinated future expansion needs of the roadway
system to serve the traveling public and emergency vehicles.
The Development Services Senior Engineer shall determine the extent of additional right-of-way
needed to support these improvements and the process of dedicating the required land area or
determine if a future acquisition area should be designated pursuant to 22.130.035 - 036 below. The
Development Services Senior Engineer shall also determine if the development proposal can
participate in any City Capital Improvement Project as included on the adopted Six (6)-Year Street
Improvement Plan. In these cases, the development proposal will be conditioned to provide a
proportionate contribution to the anticipated project.
22.130.035 Future Acquisition Areas
1. When a "future acquisition area" is designated, a "Title Notice" shall be completed and
recorded with the County Auditor by the Planning Department or other appropriate
agency/department. The notice shall run with the land and shall not be removed or amended
prior to approval by the establishing agency/department s indicated on the notice. The notice
shall be recorded as soon as possible and, in all cases, prior to the issuance of a building
permit. The notice shall:
a. Include the tax parcel number and the full legal description;
b. Make reference to any related approval file number or permit numbers;
c. Include the name of the street(s)or road(s)and/or map if appropriate;
d. Include the dimension of the future acquisition area(s);
e. Indicate the building setbacks from the future acquisition boundary(ies);
f. Indentify any limitations for improvements or features within the acquisition
boundary(ies);
g. Indicate that the future acquisition area is private property;
h. identify the responsibility for relocation or loss of "interim" features or improvements
within the future acquisition areas; and
i. Be mailed to the property owner's and taxpayer's address as shown in the current Spokane
County Assessor's/Treasure's records, if a complete mailing address is indicated.
Ordinance 08-006 UDC Title 19 and 22 Amendments Page 5 of 9
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The "Title Notice" shall be amended or removed with an Extinguished Form when the Arterial
Road Plan, the Official Road Map or other conditions change and the recorded "Title Notice" is
no longer valid. Property owners shall be notified of the change.
2. Building Setback
The required setback of buildings as specified in the underlying zone classification shall be
measured from the future acquisition area boundary. If no reasonable site design solution
complying with the full setback is feasible, exceptions to the full setback may be administratively
granted if:
a. an existing parcel or lot equals or is up to 5% larger than the minimum lot area required
in the underlying zone;
b. an existing parcel or lot has an existing building proposed for expansion; or
c. the sponsor of new development or redevelopment adequately demonstrates a site design
or use limitation for the existing property.
Such exceptions may be granted provided that:
i. The property is not part of a zone reclassification and/or subdivision application;
ii. The property has no reasonable alternative site design solution feasible;
iii. A "Title Notice" is recorded pursuant to 22.130.035 that further identifies likely
impacts (such as noise, crowding, loss or relocation of improvements) to the site
when the roadway is widened in the future; and •
iv. The building is located at the greatest setback possible; but in any case shall be no
closer than one-quarter(25%)of the required setback from the future acquisition area
boundary and shall not be located within the future acquisition area.
3. Landscaping and Parking
a. Landscaping: Significant landscape features, such as trees, shall be located in such a
manner that when the roadway is widened in the future a significant portion of such
landscaping features, such as matured trees, will not need to be destroyed or relocated. A
majority of the trees required in the current landscaping areas shall be planted eight feet
(8 ft) from the future acquisition area boundary within the future planting strip and shall
be spaced no less than sixty feet(60 ft)from one another.
b. Parking: All on-site parking required by the underlying zone classification shall be
located outside the future acquisition area. If no reasonable site design solution
complying with parking location requirements is feasible, exceptions to these
requirements may be administratively granted if:
i. an existing parcel or lot equals or is up to 5% larger than the minimum lot area of the
underlying zone;
ii. an existing parcel or lot has an existing building proposed for expansion; or
iii. the sponsor of a new development or redevelopment adequately demonstrates a site
design or use limitation for the existing property.
Such exceptions may be granted provided that:
1. The property is not part of a zone reclassification and/or subdivision application;
2. The property has no reasonable alternative site design solution feasible;
Ordinance 08-006 UDC Title 19 and 22 Amendments Page 6 of 9
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3. A "Title Notice" is recorded pursuant to 22.130.035 that further identifies likely
impacts to the site when the roadway is widened in the future; and
4. The fewest number of parking stalls is located in the future acquisition area as
possible and, in any case, shall contain no more than one-quarter (25%) of the
required parking stalls for the site.
4. Location of required site drainage facilities
All required 208 and/or surface drainage facilities for the site shall be located outside the future
acquisition area. If the sponsor of a new development or redevelopment adequately demonstrates
a site design or use limitation for location of such facilities on the existing property, a portion of
the drainage facility improvement may be temporarily allowed within the future acquisition area
if an interim permit is issued pursuant to the provisions of 22.1.30.037. The interim permit shall
provide for the relocation of the drainage facility to an alternative site by the property owner
when the roadway is widened. The permit shall identify the alternate location and the means of
relocating the facility.
5. Physical structures, improvements and utilities
Physical structures (such as signs, fencing, and architectural features) and improvements (such as
site drainage, '208' drainage swales, landscaping, and parking) shall not be located within the
future acquisition area unless an interim conditional use permit has been issued pursuant to
Section 22.130.037. If permitted they shall be considered "interim" and shall be relocated or
removed / right-of-way is widened in the future, subject to the conditions of the interim
conditional use permit.
All developers, agencies and purveyors installing utilities in, adjacent to or across rights-of-way
shall show the future acquisition area and boundary(ies) on construction plans or drawings.
Impacts from the future roadway widening and other relocation cost shall be considered when
designing and siting utilities and improvements.
22.130.037 Interim Conditional Use Permit
The Development Service Senior Engineer may temporarily allow, as an interim conditional use, site
features or improvements located within or adjacent to the future acquisition area that are in conflict
with the provisions of this Chapter, provided that a hardship can be demonstrated and the use can be
reasonably conditioned and restricted to ultimately accomplish the intent of this 208 swales, parking
stalls, utilities and signs. Interim Conditional Use Permits shall be issued administratively at or
before the time development approvals and permits are granted. Interim permits shall, at a minimum,
specify the temporary or interim use allowed, the conditions of the permit, the provisions for and
timing of removal, relocation or installation and the responsibility for the cost of relocation, removal
or installation. Any appeal of the administrative decision respecting an interim use shall be heard
pursuant to SVMC 7.90 Appeals. All interim permits shall be referenced by a Title Notice pursuant
to Section 22.130.035.
22.130.039 Parking Lot Travel Lane Connections to Adjacent Parking Lots
1. Travel lanes within commercial and industrial developments shall connect or provide for
future connection of existing or future adjacent parking lots of commercial or industrial
development. Multiple family developments shall provide similar connections to adjacent
multiple family development. Travel lanes shall be designed to allow future expansion of the
roadway and retain parking lot circulation between parking lots without requiring vehicles to
Ordinance 08-006 UDC Title 19 and 22 Amendments Page 7 of 9
access the roadway to enter the adjacent parking lot. Commercial or industrial parking lot
traffic should not pass through residential parking lots. Site development design which
provides for minimum travel lane connections may reduce parking requirements by two
parking stalls for each travel lane connection (to a maximum of four stalls). If the sponsor of
a new development or redevelopment adequately demonstrates a site design or use limitation
for installation of the required travel lanes on the existing property; exceptions to the travel
lane requirements may be administratively granted; provided that:
a. The property is not part of a zone reclassification and/or subdivision application;
b. The property has no reasonable alternative site design solution feasible;
c. The Development Services Senior Engineer finds that the travel lane and connection
location or an interim lack of connection will not negatively impact the present or future
function and safety of the parking lot circulation, irigress/egress, the future roadway or
roadway network;
d. An interim permit is issued under the provisions of 22.130.037 for any required parking
stalls that are to be removed in the future, and the permit requires adjacent travel lane
connections; and
e. A "Title Notice" is recorded pursuant to 22.130.035 that further identifies likely impacts
(such as loss or relocation of improvements, features or parking stalls) to the site when the
travel lane connection is made in the future.
Appendix A—Amended Definitions
Accessory Dwelling Unit: A.freestanding detached structure or an attached part of a structure that is
subordinate and incidental to the principal dwelling unit located on the same property, providing
complete, independent living facilities exclusively for a single housekeeping unit, including permanent
provisions for living, sleeping, cooking and sanitation.
Principal Dwelling Unit: The principal structure on a lot that is the main residence to which the property
is devoted.
Section Two: Repeal of Ordinance 07-025. Ordinance 07-025 shall be repealed as of the effective date
of this ordinance.
Section Three: 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 Four: 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.
Ordinance 08-006 UDC Title 19 and 22 Amendments Page 8 of 9
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Passed by the City Council this 8th day of April, 2008.
truer --- -
("ZL .� Mayor, : •- and M son
City Clerk, Christine Bainbridge
Approved as to Form:
it./ 7- / .
Office of the City Attorney
Date of Publication: 04-18 18
Effective Date: .74-4-23-08
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