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Ordinance 14-017 Amends Title 19 CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 14-017 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON AMENDING SECTIONS OF TITLE 19 OF THE SPOKANE VALLEY MUNICIPAL CODE RELATING TO SCREENING OF COMMUNITY FACILITIES, SHARED ACCESS, MEDICAL OFFICES IN THE MF-1 AND MF-2 ZONES, AUTOMOBILE REPAIR IN THE CMU AND C ZONES, AND OUTDOOR STORAGE REGULATIONS,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 August 8 and 15, 2014, notice of the Planning Commission public hearing was published in the Valley News Herald; and WHEREAS, on August 14, 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 August 14, 2014,the Planning Commission held a study session; and WHEREAS, on August 28, 2014, the Planning Commission held a public hearing, received evidence, information, public testimony, and a staff report with a recommendation followed by deliberations; and WHEREAS, on September 11, 2014,the Planning Commission continued deliberations and provided a recommendation; and WHEREAS, on September 25, 2014, the Planning Commission approved the findings and recommendations; and WHEREAS, on October 7,2014, City Council reviewed the proposed amendments; and WHEREAS, the amendments set forth below are consistent with the goals and policies of the City's Comprehensive Plan; and WHEREAS, SVMC Title 19, as amended, bears a substantial relation to the public health, safety, 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 Title 19 SVMC by removing the requirement for screening of community facilities, removing the shared access requirement for new commercial development, allowing medical offices in the MF-1 and MF-2 zones, allowing automobile repair in the CMU and C zones, allowing outdoor storage with conditions in the C zone and updating the outdoor storage regulations in the NC, C, RC, MUC, CMU, and I-1 zones. Ordinance 14-017 Page 1 of 25 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. Land Use Policy LUP-1.3: Review and revise as necessary, existing land use regulations to provide for innovation and flexibility in the design of new residential developments, accessory dwelling units and in-fill development. Land Use Policy LUP-8.3: Allow office uses in high density residential zones to provide some of the service needs generated from multifamily development. Land Use Policy LUP-11.3: Provide appropriate buffering, landscaping and other development standards for industrial areas. Economic Goal EDG-7: Maintain a regulatory environment that offers flexibility, consistency, predictability and clear direction. 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. Economic Policy EDP-7.2: Review development regulations periodically to ensure clarity, consistency and predictability. C. Conclusions 1. The proposed amendments remove landscaping screening and shared access requirements which are unnecessarily burdensome to development. 2. The proposed amendments will allow increased permitted uses in the MF-1, MF- 2, CMU, and C zones. 3. The proposed amendments will allow greater flexibility for outdoor storage in the commercial,mixed use and light industrial zones. 4. The proposed amendments bear a substantial relation to public health, safety, welfare,and protection of the environment. 5. The proposed City initiated code text amendments are consistent with the City's adopted Comprehensive Plan and the approval criteria contained in SVMC 17.80.150(F). 6. 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. Section 3. Amendment. Section 19.40.010 of Title 19 SVMC is hereby amended as follows: 119.40.010 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 Ordinance 14-017 Page 2 of 25 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. 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. E. Cargo shipping containers and similar enclosures are not a permitted accessory structure in any residential zone. F. 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, and uncovered decks or balconies, may extend into a required 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. Wheelchair ramps are allowed to project into the setback based on SVMC Title 24, 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. G. Public utility transmission facility shall comply with the following conditions: 1. 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; 2. All support structures for electric transmission lines shall have their means of access located a minimum of 10 feet above ground; 3. The facilities shall be compatible with the surrounding uses either by distance, landscaping, buffering, or design, as determined by the director; and 4. The height of any structure above ground does not exceed 125 feet. H. The following design standards apply to all outdoor lighting in residential zones: 1. All new development shall provide lighting within parking lots, along pedestrian walkways and accessible routes of travel. 2. Lighting fixtures shall be limited to heights of no more than 24 feet for parking lots and no more than 16 feet for pedestrian walkways. 3. All lighting shall be shielded from producing off-site glare, either through exterior shields or through optical design inside the fixture, and shall not emit light above 90 degrees. 4. Street lighting installed by the City of Spokane Valley or other public utilities is exempt from these regulations. Section 4. Amendment. Sections 19.60.010, 19.60.040, 19.60.050, 19.60.060, 19.60.070, and 19.60.080 of Title 19 SVMC are hereby amended as follows: 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. Residential development shall meet the minimum residential development standards for the MF-2 zone shown in Table 19.40-1 with the exception that the following setbacks shall apply (note: alternate setbacks apply to multifamily adjacent to single-family uses or zoning. See SVMC 19.60.070 and 19.60.080): Front yard setback: 20 feet Rear yard setback: 10 feet Side yard setback: 5 feet Side yard—Flanking street setback: 20 feet Ordinance 14-017 Page 3 of 25 Residential use adjacent to a nonresidential use: Side yard(without living space 5 feet window): Side yard(with living space window): 10 feet C. A home occupation may be established in a residence that has been legally permitted, excluding caretaker dwellings. D. Attached and detached accessory dwelling units(ADU) are permitted in all zoning districts that permit single-family dwellings 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 freestanding accessory dwelling unit that is not attached or physically connected to the principal dwelling unit. Accessory dwelling units shall meet all provisions contained in SVMC 19.40.100. E. Recreational vehicles shall not be used as permanent or temporary dwelling units in any Mixed Use or Commercial zone except in manufactured home parks. 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. F. Parking areas shall be paved and landscaped in accordance with Chapter 22.50 SVMC. G.New development exceeding three stories in height shall be provided with paved service lanes not less than 16 feet in width. H. All outdoor trash, garbage and refuse storage areas shall be screened on all sides visible to public views or rights-of-way with a minimum five-and-one-half-foot-high concrete block or masonry wall or sight-obscuring fence with a sight-obscuring gate and two feet of Type II landscaping in accordance with Figure 22.70-8. I. The following structures may be erected above the height limits of this code in the Office, Commercial, and Mixed Use zones, provided: (1)the structure is accessory to or part of a building which is a permitted use in the zone; (2)the structure complies with the height limits in the Airport Overlay zone; and(3) 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. J. 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 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. 2. Full Projections Allowed. In addition to subsection(K)(1)of this section,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 42 inches above the ground may fully extend into a required structure setback. d. 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. Ordinance 14-017 Page 4 of 25 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. K. Mobile food vendors with permission of the property owner, health certificate and permit. L. Public utility transmission facility shall comply with the following conditions: 1. 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; 2. All support structures for electric transmission lines shall have their means of access located a minimum of 10 feet above ground; 3. The facilities shall be compatible with the surrounding uses either by distance, landscaping, buffering, or design, as determined by the director; and 4. The height of any structure above ground does not exceed 125 feet. Table 19.60-1—Commercial Development Standards Office Commercial Mixed Use Industrial GO 0 NC** C RC CCR CMU* MUC* I-1 I-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 20 20 20 20 20 20 20 20 20 20 Adjacent to a Residential Use Minimum Side and Rear Yard 20 20 20 20 20 20 20 20 20 35 Adjacent to a Residential Zone Maximum Building Height(in feet) 45 100 35 35 100 Unlimited 50 60 40 65 * Except as otherwise required RR 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 19.60.040 NC,Neighborhood Commercial district. A. The Neighborhood Commercial designation is intended to provide a limited number of commercial goods and services to surrounding residential neighborhoods. B. Supplemental Permitted Use Regulations. 1. Animal clinic/veterinary limited to small animals. 2. Carwash limited to a single bay. 3. Grocery or specialty food store limited to no more than 25,000 square feet of net retail space. 4. Below ground storage of fuel incidental to retail sales only. 5. All storage shall be within an enclosed building, except that retail products which are for sale or rental may be displayed outdoors during business hours only, so long as the display does not occur within any required border easement, drainage swale or easement, clearview triangle, or public right-of-way. Ordinance 14-017 Page 5 of 25 6. Indoor kennels, doggie day care facilities and kennels associated with veterinarian clinics; provided,that: a. There are no outside runs or areas; b. The structure(s) housing animals is adequately soundproof to meet the requirements of Chapter 173-060 WAC; c. One parking stall provided for every 10 animal confinement areas; and d. Compliance with noise standards for a commercial noise source as identified by WAC 173-60-040 has been demonstrated by the applicant. 19.60.050 C, Community Commercial district. A. The Community Commercial classification designates areas for retail, service and office establishments intended to serve several neighborhoods. Community Commercial areas should not be larger than 15 to 17 acres in size and should be located as business clusters rather than arterial strip commercial development. Community Commercial centers may be designated through the adoption of the Comprehensive Plan, Comprehensive Plan amendments or through subarea planning. Residences in conjunction with business and/or multifamily developments may be allowed with performance standards that ensure compatibility. B. Supplemental Permitted Use Regulations. 1. Indoor kennels, doggie day care facilities and kennels associated with veterinarian clinics; provided,that: a. There are no outside runs or areas; b. The structure(s)housing animals is adequately soundproof to meet the requirements of Chapter 173-60 WAC; c. One parking stall provided for every 10 animal confinement areas; and d. Compliance with noise standards for a commercial noise source as identified by WAC 173-60-040 has been demonstrated by the applicant. 2. Wind turbine support tower provided the provisions of SVMC 19.40.110 are met. 3. Outdoor storage shall be located between the property line and the rear side of the building. Screening pursuant to SVMC 22.70.030(B) shall be provided for the portions of the outdoor storage which are visible from public right-of-way. The following are exempted from these requirements: a. Retail products which are for sale or rental and displayed outdoors during business hours only, so long as the display does not occur within any required, border easement, drainage swale or easement, clearview triangle, or public right-of-way. b. Vehicles, machinery or other similar items normally displayed for sale, lease, or rent may be displayed outdoors if these items are in working condition and not placed within border easements or public right-of-way. 4. Recycling facility; provided,that: a. All recyclable materials and equipment must be contained indoors; Ordinance 14-017 Page 6 of 25 b. All activities must meet the noise requirements of SVMC 7.05.040(L); c. When adjacent to an existing residential use or residential zone, screening in SVMC 22.70.030(B) shall be required; d. The site must have frontage on an existing arterial or state highway and access will be limited to such frontage; and e. No dangerous or hazardous materials as defined in Appendix A shall be recycled or processed on site. 19.60.060 RC,Regional Commercial district. A. The The Regional Commercial designation allows a large range of commercial and business uses. Community design guidelines address design quality,mixed use, and the integration of auto, pedestrian, and transit circulation. B. Supplemental Permitted Use Regulations. 1. Caretaker dwelling unit limited to custodial, maintenance, management or security of a commercial property. 2. Outdoor storage shall be screened by a sight-obscuring fence pursuant to SVMC 22.70.030(B)(1); except that no screening is required for the following: a. Retail products which are for sale or rental and displayed outdoors during business hours only, so long as the display does not occur within any required, border easement, drainage swale or easement, clearview triangle or public right-of-way. b. Vehicles, machinery and other similar items normally displayed for sale, lease or rent may be displayed if these items are in working condition and not placed within border easements or public right-of-way. 3. Indoor kennels, doggie day care facilities and kennels associated with veterinarian clinics; provided,that: a. There are no outside runs or areas; b. The structure(s)housing animals is adequately soundproof to meet the requirements of Chapter 173-060 WAC; c. One parking stall provided for every 10 animal confinement areas; and d. Compliance with noise standards for a commercial noise source as identified by WAC 173-60-040 has been demonstrated by the applicant. 4. Recycling facility; provided,that: a. All recyclable materials and equipment must be contained indoors; b. All activities must meet the noise requirements of SVMC 7.05.040(L); c. When adjacent to an existing residential use or residential zone, screening in SVMC 22.70.030(B) shall be required; Ordinance 14-017 Page 7 of 25 d. The site must have frontage on an existing arterial or state highway and access will be limited to such frontage; and e.No dangerous or hazardous materials as defined in Appendix A shall be recycled or processed on site. 19.60.070 MUC, Mixed Use Center district. A. The Mixed Use Center designation allows two or more uses on a site that can either be vertically or horizontally mixed and includes employment, lodging, and retail along with higher density residential uses. B. Supplemental Permitted Use Regulations. 1. Outdoor storage shall be screened by a sight-obscuring fence pursuant to SVMC 22.70.030(B)(1); except that no screening is required for the following: Retail products which are for sale or rental and displayed outdoors during business hours only, so long as the display does not occur within any required border easement, drainage swale or easement, clearview triangle, or public right-of-way. 2. Front and flanking street yard setbacks shall be 20 feet, except as otherwise provided. 3. Projects with residential components shall provide 210 square feet of open space per dwelling unit conforming to the requirements of SVMC 19.40.020(E) and eligible for reduction for improvements on the same basis; provided,that: a. The requirement does not apply to the development of less than 10 new dwelling units; and b. Additional open space is not required for residential development located within 1,300 feet of a public park. A fee in lieu of land dedication may be assessed for the development of public parks and open spaces to meet the needs of the residents of this district. This assessment will be determined by the council and reviewed on an annual basis. 4. Indoor kennels, doggie day care facilities and kennels associated with veterinarian clinics; provided,that: a. There are no outside runs or areas; b. The structure(s)housing animals is adequately soundproof to meet the requirements of Chapter 173-060 WAC; c. One parking stall provided for every 10 animal confinement areas; and d. Compliance with noise standards for a commercial noise source as identified by WAC 173-60-040 has been demonstrated by the applicant. 5. Multifamily adjacent to single-family residential uses or zoning; provided,that: a. A relational height limit to single residential uses or zone is established (see Figure 1, SVMC 19.60.080). Ordinance 14-017 Page 8 of 25 i. Where new multifamily development is abutting an adjacent parcel with a single- family use or zone,the height of the new multifamily development may not increase by more than 45 degrees when measured from the angle that originates at 25 feet above the applicable property line(creating a one-to-one height-to-setback ratio)to the abutting single-family use or zone. b. The minimum setback from a single-family use or zone shall be 10 feet from property line. (Ord. 12-028 § 3, 2012; Ord. 08-002 § 1,2008; Ord. 07-015 § 4, 2007). 19.60.080 CMU, Corridor Mixed Use district. A. The The Corridor Mixed Use designation is intended to enhance travel options,encourage development of locally serving commercial/retail uses, higher density residential, lodging and offices along major transportation corridors. B. Supplemental Permitted Use Regulations. 1. The outdoor storage requirements pursuant to SVMC 19.60.060(B)(2)shall apply to the CMU district. 2. Front and flanking street yard setbacks shall be 20 feet, except as otherwise provided. 3. Projects with residential components shall provide 210 square feet of open space per dwelling unit conforming to the requirements of SVMC 19.40.020(E)and eligible for reduction for improvements on the same basis; provided,that: a. The requirement does not apply to the development of less than 10 new dwelling units; and b. Additional open space is not required for residential development located within 1,300 feet of a public park. A fee in lieu of land dedication may be assessed for the development of public parks and open spaces to meet the needs of the residents of this district. This assessment will be determined by the council and reviewed on an annual basis. 4. Indoor kennels, doggie day care facilities and kennels associated with veterinarian clinics; provided,that: a. There are no outside runs or areas; b. The structure(s)housing animals is adequately soundproof to meet the requirements of Chapter 173-060 WAC; c. One parking stall provided for every 10 animal confinement areas; and d. Compliance with noise standards for a commercial noise source as identified by WAC 173-60-040 has been demonstrated by the applicant. 5. Recycling facility; provided,that: a. All recyclable materials and equipment must be contained indoors; b. All activities must meet the noise requirements of SVMC 7.05.040(L); Ordinance 14-017 Page 9 of 25 c. When adjacent to an existing residential use or residential zone, screening in SVMC 22.70.030(B) shall be required; d. The site must have frontage on an existing arterial or state highway and access will be limited to such frontage; and e.No dangerous or hazardous materials as defined in Appendix A shall be recycled or processed on site. 6. Animal shelter(s)shall comply with the following provisions: a.No outside runs allowed; b. Human supervision must occur in any outdoor areas; c. Located along an arterial; d. Compliance with noise standards for a commercial noise source as identified by WAC 173-60-040 has been demonstrated by the applicant; and e. Comply with all standards of SVMC Title 22. 7. Multifamily adjacent to single-family residential uses or zoning; provided,that: a. A relational height limit to single residential uses or zone is established (see Figure 1). i. Where new multifamily development is abutting an adjacent parcel with a single- family use or zone, the height of the new multifamily development may not increase by more than 45 degrees when measured from the angle that originates at 25 feet above the applicable property line(creating a one-to-one height-to-setback ratio)to the abutting single-family use or zone. b. The minimum setback from a single-family use or zone shall be 10 feet from property line. Ordinance 14-017 Page 10 of 25 Figure l: Relational Height Limit •Section 5 . Amendment. Sections 19.70.010 and 19.70.020 of Title 19 SVMC are 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. Outdoor storage shall be screened by a sight-obscuring fence pursuant to SVMC 22.70.030(B)(1) when adjacent to a residential or commercial zoning district; except that no screening is required for the following: a. Retail products which are for sale or rental and displayed outdoors during business hours only, so long as the display does not occur within any required border easement, drainage swale or easement, clearview triangle, or public right-of-way. b. Vehicles, machinery or other items normally displayed for sale, lease, or rent may be displayed outdoors if these items are in working condition and not placed within border easements or public right-of-way. 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. 4. 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 14-017 Page 11 of 25 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. 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. 6. 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)(6)(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. 7. Public utility transmission facility shall comply with the following conditions: 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; e. 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. Ordinance 14-017 Page 12 of 25 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. 19.70.020 I-2,Heavy Industrial district. A. Heavy 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. I-2 allows any use permitted in the I-1 zoning district, except as specifically provided in SVMC 19.120.050 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: 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. Ordinance 14-017 Page 13 of 25 6. Public utility transmission facility shall comply with the following conditions: 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. 7. A home occupation may be established in a residence that has been legally permitted, excluding caretaker dwellings. 8. 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 6 . Amendment. Section 19.120.050 of Title 19 SVMC is hereby amended as follows: 19.120.050 Permitted use matrix. Ordinance 14-017 Page 14 of 25 Permitted Use Matrix Use Category/Type Residential Zone Commercial and Industrial Zone Supplemental Districts Districts Conditions RRRR M M I I MU CM G N R P/ - - - - F- F- 0 C - - CU O C C OS 1 2 3 4 1 2 1 2 Agriculture and Animal Animal processing/handling SVMC 19.40.150. Animal raising and/or keeping S S S S S S s s Keeping of swine is prohibited SVMC Animal shelter S p p 19.60.080(B)(6) Beekeeping, commercial p Beekeeping, hobby S S S SVMC 19.40.150(C) Produce may be sold pursuantto RCW Community garden S S S S S S S S S 36.71.090 as adopted or amended Greenhouse/nursery, commercial P P P P Kennel See zoning districts S S S S S P P for conditions Marijuana production S S S S Chapter 19.85 SVMC Orchard,tree farming, commercial P P Riding stable C P P Communication Facilities Radio/TV broadcasting studio p p p P p P Repeater facility PPPP P P PPPP p p Ordinance 14-017 Page 15 of 25 Telecommunication Chapter 22.120 wireless antenna array SSSS S S S S CCS SS S S SVMC Telecommunication Chapter 22.120 wireless support tower CCCC C C S S CCS S S S S SVMC Tower, ham operator SSSS S S S S CCS S S S S SVMC 19.40.110(A) Community Services Community hall, club, or lodge PP P P P PPPP P Church,temple, mosque, synagogue and p pp p p p p p p p p p p house of worship Crematory P P P P P Funeral home P P P Transitional housing C Day Care Day care, adult PPPP p P P P AP PP A A Day care, child (12 children or fewer) PPPP P P P P A APPP A A Day care, child(13 children or more) CCCC P P P P A AP PP A A Education Schools, college or university p p PP P P Schools, K through 12 PPP P P P P P P P P Schools, professional, vocational and trade p p p PP p p P P schools Schools, specialized training/studios P p PPPPP Entertainment Adult entertainment and retail S S Chapter 19.80 SVMC Carnival, circus T T T T T T Ordinance 14-017 Page 16 of 25 Casino P P P P Cultural facilities P P PPPPP Exercise facility A A P P APPPP A A Off-road recreational vehicle use P P Major event entertainment P P P Racecourse p p P P Racetrack P P Recreation facility P P P P A P P Theater, indoor p P p p P Food and Beverage Service Espresso establishment p P PPPPP A PP SVMC Mobile food vendors S S SSSSS S SS 19.60.010(L),19.70.0 10(B)(2) Restaurant, full service p P APPPP P P Restaurant, drive- through or drive-in P P ACP P p p Tavern/night club P P P P P P P Group Living Assisted living/convalescent/nurs PPP P PPP ing home Community residential facilities(6 residents or p p p p p p p p Iess) Community residential facilities (greater than 6 PP P P P residents under 25) Dwelling, congregate PP P P P Industrial,Heavy Assembly, heavy p Ordinance 14-017 Page 17 of 25 Explosive storage p p Hazardous waste treatment and storage S S SVMC 21.40.060 Manufacturing, heavy p Power plant(excluding public utility facilities) Processing, heavy p Solid waste recycling/transfer site P P Wrecking,junk and salvage yard C P Industrial,Light Assembly, light P P p p p p p Carpenter shop p p p p Machine shop or metal fabrication P p p Manufacturing, light p p p Marijuana processing S S S S Chapter 19.85 SVMC Plastic injection molding,thermoplastic P P p P P P Processing, light p p Industrial Service Carpet/rug cleaning, dry cleaning, laundry, linen supply plant, P P commercial Contractor's yard p p Laboratories (bio safety level2) P P P P Laboratories (bio safety level3) p p Laboratories (bio safety level 4) P P SVMC Recycling facility S S S P P 19.60.060(B)(4), 19.60.060(B)(4), 19.60.080(B)(5) Ordinance 14-017 Page 18 of 25 Lodging Bed and breakfast PPPP P P P P P Hotel/motel P P P P P P Recreational vehicle C S SVMC 19.60.010 park/campground Medical Ambulance service p P p P P P P Hospital p P P p p Hospital, psychiatric and substance abuse RRRR R R R R R R RR R R Hospital, specialty p p P p P A A Laboratories, medical and diagnostic PP P P Medical, dental, and hospital equipment p p P P P p supply/sales 1. Primary access shall be on an arterial; and 2. Building size Medical/dental clinic S S p p pp pp shall not exceed 20% of the lot square footage. Office Chapter 19.60 SVMC. See also Animal clinic/veterinary p P p S p p p supplemental conditions for kennels Office, professional p P p p PPPPP P P Parks and Open Space Cemetery PPPP P Ordinance 14-017 Page 19 of 25 Golf course SSSS S S P S P P Chapter 22.60 SVMC Golf driving range CCCC C C P C S P P Chapter 22.60 SVMC Parks PPP P P P PPPPP P Public/Quasi-Public See zoning districts Community facilities SSSS S S S S SSSSS S SS for conditions Essential public facilities RRRR R R R RR RR R R Chapter 19.90 SVMC Public utility See zoning districts distribution facility SSSS S S S S PPPPP P PP for conditions Public utility See zoning districts transmission facility SSSS S S S S SSSSS S SS for conditions Tower, wind turbine SVMC support C S S S S S 19.60.050(B)(2) Residential Dwelling, accessory units SSSS SVMC 19.40.100 Dwelling, caretaker's SVMC residence S S S S S S 19.60.060(B)(1) Dwelling, duplex PPP P p P SVMC Dwelling, multifamily PPP P PSS 19.60.020(B)(2) single-family SVMC Dwelling, g P P P P P p P P P S S 19.60.020(B)(2) Dwelling,townhouse PPP P PP P Manufactured home park S SS S S SVMC 19.40.130 Retail Sales Antique store p p P P P Ordinance 14-017 Page 20 of 25 Retail sales may be accessory in Appliance sales/service P P P p S S industrial zones, only if manufactured/assemb led on premises Floor area limited to 10% of gross leasable Bakery, retail p P PPPPP s s floor area(GLFA) not to exceed 1,000 sq. ft. Building supply and Floorarea limited to home improvement and P P S S P P P 50,00 hardware store 50,000 sq. ft. or less Candy and confectionery P P PPPPP p p Clothes retail sales p p P p p Convenience store P P S SPPP P P SVMC 19.60.020 Department/variety Floor area limited to P P S P P store 50,000 sq. ft. or less Educational and hobby P P PAPPP AA store Equipment sales, repair, P P P P P and maintenance Florist shop P P A AP P P P Food sales, specialty/butcher SVMC shop/meat P P S P P market/specialty foods 19.60.040(B)(3) General sales/service P P AAPPP P P Gift shop P p AAPPP A SVMC Grocery store p P S P P 19.60.040(B)(3) Office supply and computer sales p p AP PP P P Landscape materials sales lot and p P p p p p greenhouse, nursery, Ordinance 14-017 Page 21 of 25 garden center, retail Manufactured home sales P P P Marijuana sales S S S S Chapter 19.85 SVMC Market, outdoor P P P P P P Pawn shop P P P P Pharmacy P P APPPP P Secondhand store, SVMC P P P P P S consignment sales ' 19.70.010(B)(8) Showroom P P P P P P Specialty stores P P A APPP Retail Services Bank, savings and loan, and other financial P P PPPPP P P institutions Barber/beauty shop P P PPPPP P Catering services P P P P PPPPP Equipment rental shop P P P P P Personal services P P PPPPP Post office, postal center P P PPPPP P P Print shop P P APPPP P P Taxidermy P P P P P P Upholstery shop P P P P P Transportation Airstrip, private P P Heliport P P Helistop C C C C P Ordinance 14-017 Page 22 of 25 Parking facility, P P P P P P P controlled access Railroad yard, repair shop and roundhouse P Transit center p P P P P P P Vehicle Services Automobile impound P P yard Automobile/taxi rental P P P P P P P Automobile parts, P P P P P P accessories and tires Automobile/truck/RV/m otorcycle painting, P P P P P repair, body and fender works Carwash P P S P P P P SVMC 19.60.040(B) Farm machinery sales and repair P P Fueling station P P PAPP P P Heavy truck and industrial vehicles sales, rental, repair and P P maintenance Passenger vehicle, boat, and RV sales, service p p p p and repair Towing p P P P Truck stop p P Warehouse, Wholesale,and Freight Movement Auction house P P P P Auction yard(excluding Iivestock) p P Ordinance 14-017 Page 23 of 25 Catalog and mail order houses P P P P P Cold storage/food locker P P Freight forwarding P P Grain elevator P P Storage, general indoors P P A AAPP P P Storage, general See zoning districts outdoors S S S S S P for conditions Storage, self-service facility PP P P P P P P Tank storage,critical SVMC 21.40.060, material above ground S S Chapter 21.50 SVMC SVMC 19.60.040, Tank storage, critical material below ground S S S S 21.40.060,Chapter 21.50 SVMC Tank storage, LPG SVMC 21.40.060, above ground S S S S S S S Chapter 21.50 SVMC Warehouse p P P P P P Wholesale business P P P P P P A= Accessory use, C= Conditional use, P= Permitted use R= Regional siting, S=Permitted with supplemental conditions T=Temporary Use Section 7. Other sections unchanged. All other provisions of Title 19 SVMC not specifically referenced hereto shall remain in full force and effect. Section 8. 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 9. 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. Ordinance 14-017 Page 24 of 25 Passed by the City Council this 17°i day of November, 2014. MayTDean Grafos ATTESS / f /3 yr City Clerk, Christine Bainbridge Approved as to Form: Office the City orney Date of Publication: November 21, 2014 Effective Date: November 26, 2014 Ordinance 14-017 Page 25 of 25