Ordinance 14-010 Setbacks CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 14-010
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON AMENDING SPOKANE VALLEY MUNICIPAL CODE TABLE 19.60-
1-AND SECTION 19.70.010(B) RELATING TO REAR AND SIDE YARD SETBACKS
ADJACENT TO RESIDENTIAL ZONING DISTRICTS AND USES, AND OTHER
MATTERS RELATING THERETO.
WHEREAS, on September 25, 2007, the City of Spokane Valley (City) adopted Spokane Valley
Municipal Code(SVMC)Title 19,pursuant to Ordinance 07-015; and
WHEREAS,on October 28,2007, SVMC Title 19 became effective;and
WHEREAS,such regulations are authorized by RCW 36.70A; and
WHEREAS, on May 2nd and 9th, 2014, notice of the Planning Commission public hearing was
published in the Valley News Herald; and
WHEREAS, on May 5, 2014, the Washington State Department of Commerce was notified
pursuant to RCW 36.70A.106, providing a 60-day notice of intent to adopt amendments to Spokane
Valley development regulations; and
WHEREAS,on May 8,2014,the Planning Commission held a study session;and
WHEREAS, on May 22, 2014, the Planning Commission held a public hearing, received
evidence, information, public testimony, and a staff report with a recommendation followed by
deliberations and provided a recommendation; and
WHEREAS, on June 12, 2014, the Planning Commission approved the findings and
recommendations; and
WHEREAS,on July 15,2014, City Council reviewed the proposed amendment; and
WHEREAS, on August 26, 2014, City Council considered a first ordinance reading to adopt the
proposed amendment; and
WHEREAS, the amendments set forth below are consistent with the goals and policies of the
City's Comprehensive Plan;and
WHEREAS, SVMC Table 19.60-1 and SVMC 19.70.010(B), as amended, bear a substantial
relation to the public health, safety and welfare and protection of the environment.
NOW,THEREFORE,the City Council of the City of Spokane Valley ordains as follows:
Section 1. Purpose. The purpose of this Ordinance is to amend SVMC Table 19.60-1 and
Section 19.70.010(B)to reduce the rear and side yard setbacks in the light and heavy industrial zones for
sites located adjacent to residential zones and uses.
Ordinance 14-010 Page 1 of 5
Section 2. Findings and Conclusions. The City Council acknowledges that the Planning
Commission conducted appropriate investigation and study, held a public hearing on the proposed
amendments and recommends approval of the amendments. The City Council has read and considered the
Planning Commission's findings. The City Council hereby makes the following findings:
A. Growth Management Act Policies - Washington State Growth Management Act
(GMA) provides that each city shall adopt a comprehensive land use plan and
development regulations that are consistent with and implement the comprehensive
plan.
B. City of Spokane Valley Goals and Policies - The City of Spokane Valley has
adopted goals and policies consistent with the GMA and adopted County-Wide
Planning Policies,set forth below.
1. Land Use Policy-13.1: Maximize efficiency of the development review
process by continuously evaluating the permitting process and modifying as
appropriate.
2. Economic Goal EDG-7: Maintain a regulatory environment that offers
flexibility, consistency,predictability and clear direction.
3. Economic Policy EDP-7.1: Evaluate, monitor and improve development
standards to promote compatibility between adjacent land uses; and update
permitting processes to ensure that they are equitable, cost-effective, and
expeditious.
4. Economic Policy EDP-7.2: Review development regulations periodically to
ensure clarity, consistency and predictability.
C. Conclusions
1. The proposed amendment bears a substantial relation to public health,
safety, welfare,and protection of the environment.
2. The proposed city initiated code text amendment is consistent with the
City's adopted Comprehensive Plan and the approval criteria contained in
SVMC 17.80.150(F).
3. The Growth Management Act stipulates that the comprehensive land use
plan and development regulations shall be subject to continuing review and
evaluation by the City.
Ordinance 14-010 Page 2 of 5
Section 3. Amendment. Spokane Valley Municipal Code Table 19.60-1 is hereby amended
as follows:
Table 19.60-1—Commercial Development Standards
Office Commercial Mixed Use Industrial
GO 0 NC** C RC CC* CMU* MUC* I-1 1-2
Minimum Front Yard Setback 20 20 20 20 20 20 20 20 20 20
Minimum Flanking Street Setback 20 20 20 20 20 20 20 20 20 20
Minimum Side and Rear Yard Adjacent
20 20 20 20 20 20 20 20 20 20
to a Residential Use
Minimum Side and Rear Yard Adjacent
20 20 20 20 20 20 20 20 20 35
to a Residential Zone
Maximum Building Height(in feet) 45 100 35 35 100 Unlimited 50 60 40 65
* Except as otherwise required
** Townhouse development in the NC zone shall comply with setback and building height standards in the
R-4 zone found in Table 19.40-1
Section 4. Amendment. Spokane Valley Municipal Code Section 19.70.010(B) is hereby
amended as follows:
19.70.010 I-1,Light Industrial district.
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. The following structures may be erected above the height limits of this code,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 14-010 Page 3 of 5
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. All parking,maneuvering and outdoor storage areas shall be paved.
Exemptions:
a. Parking and storage areas routinely used by cleated and other heavy equipment as
approved by the planning director.
b. The planning director may waive portions of these requirements upon recommendation
by the Spokane regional clean air agency or the Spokane Valley development engineering
division when it can be demonstrated that the proposed surfacing, such as grass pavers or
other technology,will not adversely affect air quality,water quality or the integrity of the
parking area.
5.. 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
structure setback up to 20 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(B)(5)(a)of this section,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 facade of a building may fully extend into a street
setback.
iii. Uncovered decks and stairways that are no more than 42 inches above
the ground may fully extend into a required structure setback.
iv. On lots that slope down from the street,vehicular and pedestrian entry
bridges that are no more than 42 inches above the average sidewalk
elevation may fully extend into a required structure setback.
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.
6. Community facilities and public utility distribution facility(ies),except power poles and
underground transformers,shall comply with the following conditions:
a. The requirements for landscaping, signage, lighting and other requirements shall
apply.
b. Type I landscape screening is required along property line(s)adjacent to a
residential use or zone.
7. Public utility transmission facility shall comply with the following conditions:
Ordinance 14-010 Page 4 of 5
a. The utility company shall secure the necessary property or right-of-way to assure
for the property construction, continued maintenance,and general safety to the
property adjoining the public utility transmission facility;
b. All support structures for electric transmission lines shall have their means of
access located a minimum of 10 feet above ground;
c. The facilities shall be compatible with the surrounding uses either by distance,
landscaping, buffering, or design, as determined by the director; and
d. The height of any structure above ground does not exceed 125 feet.
8. The following shall apply to all secondhand stores and consignment sales:
a. The subject parcel must have frontage on an arterial; and
b. Minimum building size of 15,000 gross square feet(gsf); and
c. Limited to a single tenant.
9. A home occupation may be established in a residence that has been legally permitted,
excluding caretaker dwellings.
10.. Recreational vehicles shall not be used as permanent or temporary dwelling units. 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.
Section 5. Other sections unchanged. All other provisions of Chapters 19.60 and 19.70
SVMC not specifically referenced hereto shall remain in full force and effect.
Section 6. Severability. If any section, sentence, clause or phrase of this Ordinance shall 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, sentence,clause,
or phrase of this Ordinance.
Section 7. Effective Date. This Ordinance shall be in full force and effect five days
after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane
Valley as provided by law.
Passed by the City Council this 9th day of September,2014.
May Arrea ':rafos
ATTES
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City Clerk, Christine Bainbridge
Approved as to orm:
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Officehe City rney
Date of Publication: /- 22
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Effective Date: G3 :;"/ (),W
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