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Agenda 09/25/2008 SPOKANE VALLEY PLANNING COMMISSION AGENDA COUNCIL CHAMBERS -CITY HALL 11797 E. SPRAGUE AVENUE SEPT. 25, 2008 6:00 TO 9:00 PM 4df.•._.y,., .el;v :K+aw..--.:.:..' .wai:*3Y,F+a�C:i ,rE.�•.� •'. -r ?.-'.air• + :y:c.K.- - :t ._::.vH s,.irl�. ,< .r .. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES: VI. PUBLIC COMMENT VII. COMMISSION REPORTS VIII. ADMINISTRATIVE REPORT IX. COMMISSION BUSINESS NEW BUSINESS: PUBLIC HEARINGS: CHAPTER 7, CHAPTER 17, SPOKANE VALLEY MUNICIPAL CODE - CODE COMPLIANCE AMENDMENTS CHAPTER 19, SPOKANE VALLEY MUNICIPAL CODE -ZONING REGULATIONS AMENDMENTS STREET VACATION, STV-03-08, ALLEYWAY NEAR NORA AND PARK— **THIS PUBLIC HEARING HAS BEEN CANCELLED. ** X. FOR THE GOOD OF THE ORDER XI. ADJOURNMENT immaimmilow COMMISSIONERS CITY STAFF IAN ROBERTSON, CHAIR KATHY MCCLUNG, CD DIRECTOR FRED BEAULAC, VICE-CHAIR GREG MCCORMICK, PLANNING MGR, AICP JOHN G. CARROLL SCOTT KUHTA, LONG RANGE PLANNER, AICP CRAIG EGGLESTON MIKE BASINGER, SENIOR PLANNER, AICP GAIL KOGLE CARY DRISKELL, DEPUTY CITY ATTORNEY MARCIA SANDS DEANNA GRIFFITH,ADMIN ART SHARPE WWW.SPOKANEVALLEY.ORG CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: September 25, 2008 City Manager Sign-off: Item: Check all that apply: ❑ consent El old business El new business ® public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Study Session to amend Spokane Valley Municipal Code as follows: Section 19-A (Schedule of Permitted Uses) to allow medical/dental clinics to locate in the Garden Office District. Amending the legend markers to read better after being codified. Chapter 19.30 (Changes and Amendments) Remove item 7 which requires that there have been substantial changes in an area since the adoption of the code. Chapter 19.40.120 (Manufactured Housing) Update the required roof pitch to reflect what is required by state law and add a provision which would allow the replacement of existing single wide manufactured homes under certain circumstances. Chapter 19.40.020 (Residential Standards) Update the matrix to allow for a reduced duplex lot size, correct the lot width in the MF-1 zone so that it is correct mathematically, and update the matrix to include information related to the setback of structures from a private driveway easement. Chapter 19.40.010 (General Provisions) Add a provision which would allow certain accessory structures to encroach into the required setbacks and add requirements related to the placement of outdoor lighting in residential areas. Chapter 19.60.010(General Requirements) Add a provision which would allow certain accessory structures to encroach into the required setbacks, and add a requirement for the screening of refuse storage areas. Chapter 19.70.010 (Light Industrial District) Add a provision which would allow certain accessory structures to encroach into the required setbacks. Chapter 19.70.020 (Heavy Industrial District) Add a provision which would allow certain accessory structures to encroach into the required setbacks. GOVERNING LEGISLATION: RCW 36.70A.390 and RCW 35A.63.220 PREVIOUS PLANNING COMMISSION ACTION TAKEN: None BACKGROUND: The Uniform Development Code was adopted in September of 2007 and was effective October 28th, 2007. Following the adoption of the code, a number of items were discovered which were either incorrect, impractical, or omitted. These amendments are the first of these items to be corrected. ANALYSIS: Spokane Valley Municipal Code Section 17.80.150(6) provides approval criteria that amendments of the Spokane Valley Municipal Code must meet. Those criteria include: 1. The proposed amendment(s) are consistent with the applicable provisions of the Comprehensive Plan. 2. The proposed amendment(s) bear a substantial relation to the public health, safety, welfare and protection of the environment. Staff Comment: Staff constantly reviews and takes in comments regarding its Code provisions in an effort to fix things that are incorrect, don't work as intended, were omitted in error, and to remove those provisions that our experience shows us are unnecessary. We have been accumulating a number of potential changes as they relate to code compliance-related provisions, which are provided in the attachment. SVMC 17.80.150(F) states that the City may approve amendments to the UDC if it finds that: (1) the proposed amendment is consistent with the applicable provisions of the Comprehensive Plan; and (2) the proposed amendment bears a substantial relation to the public health, safety, welfare, and protection of the environment. LUG-1 requires code provisions that "preserve and protect the character of Spokane Valley's residential neighborhoods. The requirement for setbacks from private driveway easements provides a consistency in the appearance of physical structures from all travel ways including driveways, private roads and public streets. The outdoor lighting standard limits the amount of light and glare in residential areas. LUG-3 envisions commercial areas as vital and attractive. Requiring refuse storage areas to be screened works to accomplish this. Allowing limited accessory structures to encroach into the required setbacks allows flexibility of design while still maintaining separation between principal structures. LUP-1.3 calls for innovation and flexibility in the design of new residential developments. Allowing limited accessory structures to encroach into required setbacks allows a certain measure of flexibility while still providing adequate setbacks for principal structures. LUP-11.3 requires buffering, landscaping and other development standards for industrial areas. Allowing a limited amount of encroachment into the required setbacks would not interfere with the required buffering and landscaping. LUP-2.5 encourages the consideration of special development techniques in single family areas provided that the development is consistent with the quality and character of existing neighborhoods. Due to the elimination of the side yard setback requirement, staff feels that allowing a reduced lot size for attached single family (duplex) development accomplishes this while still maintaining the character of the surrounding neighborhoods. LUP-4.5 requires compatibility between mixed-use developments and residential areas by regulating height, scale, setbacks, and buffers. The areas of the city zoned Garden Office are located along arterials and provide a natural transition to residential areas. The maximum height requirement in the GO district represents less than a 30% increase from the residential areas and landscaping buffering is required. These are the areas where medical and dental clinics would typically locate. HP-1.1 requires the consideration of the economic impact of development regulations on the cost of housing. Allowing the replacement of existing, legally placed, single wide manufactured homes enables the property owner to make improvements while not imposing additional economic hardship, allows a legally established use to continue and provides additional affordable housing. Lastly, the remaining amendments are being proposed strictly to correct errors or inconsistencies as follows: Lot dimensions within the MF-1 zone are being updated so that they are consistent mathematically with the minimum lot size requirements and the Manufacture Home Roof Pitch will be consistent with state law. Requiring a substantial change in circumstances for a zone change to be approved is an additional requirement, not mandated by state law and case law shows that if a zone change is consistent with the Comprehensive Plan, a substantial change is not necessary. The proposed amendments to the zone meet the above outlined goals, and are thus consistent with the Comprehensive Plan. OPTIONS: Review and recommend approval or non-approval as drafted or amended. RECOMMENDED ACTION OR MOTION: Staff's opinion is that the proposed amendments meets the above noted criteria and recommend that the Planning Commission forward a recommendation to amend the Municipal Code as stated above. BUDGET/FINANCIAL IMPACTS: NA STAFF CONTACT: Christina Janssen-Assistant Planner ATTACHMENTS: (1) Amended Text Chapter 19.120 PERMITTED AND ACCESSORY USES Sections: 19.120.010 General. 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. Mixe Corrid Gard Neighborh Commun I-1 1-2 M M Schedule of Permitted d City Regional Commu R1 3 3 -RNAI 4 ence F- F- CS# NAIC or en S S Uses Use Mixed Cent Offic Oce' Commerci Commer Commer nity htt Hea Conditions 1 2 Appendix 19-A Cent Use er e al cial cial Facility Ind Ind er 71 711 Adult entertainment vS vS Chapter establishment 19.80 SVMC 45 453 Adult retail use vS vS Chapter establishment 19.80 SVMC 31 311 Agricultural processing IP IP plant,warehouse 33 33641 Aircraft manufacturing IP 48 48921 Airstrip, private IP IP 62 62191 Ambulance service IP IP IP IP IP IP IP IP SVMC 54 54194 Animal clinic/veterinary IP vS IP IP IP 19.60.040(B )(1) 31 31161 Animal processing Ip 3 facility Excluding NAICS v v ,,E v Animal raising and/orvS vS 1122, SSSS vS vS 11 112 keeping - Swine. - - - - SVMC 19A0.150. 81 81291 Animal shelter IP IP 31 31161 Animal slaughtering and Ip processing 45 45392 Antique store IP IP IP IP 1P IP 44 448 Apparel/tailor shop IP IP IP IP IP IP IP IP Only if manufacture 443111 P A A d/ 44 1 Appliance sales/service IP IP IP assembled on premises. 33 33522 Appliances IP IP manufacturing 45 45392 Art gallery/studio IP IP IP IP IP IP IP IP 32 32412 Asphalt IP plant/manufacturing 33 333 Assembly—heavy IP 33 334 Assembly—light IP IP IP IP IP IP 62331 IP IP IP 622 Assisted living facility I IP IP IP 45 4533 Auction house IP IP IP 45 4533 Auction yard (excluding IP IP livestock) 11 1152 Auction yard, livestock IP 33 3361 Automobile assembly IP plant 92 922 Automobile impound IP IP yard 44 441 Automobile/light truck IP IP IP IP sales and service 48 4853 Automobile/taxi rental IP IP IP IP IP IP 1P IP Enclosed 81112 Automobile/truck/RV/mot structure 81 1 orcycle painting, repair, vS IP IP iP only. SVMC body and fender works 19.60.050(B )(3)• 44 4413 Automotive parts, IP IP IP IP IP IP accessories and tires 31 31181 Bakery products IP IP manufacturing Floor area limited to 4452910%of 44 1 Bakery, retail IP IP IP vS vS IP IP IP A A GLFA not to exceed 1,000 sf. Bank, savings/loan and 52 52211 other financial IP IP IP IP IP IP IP IP IP IP institutions 81 8121 Barber/beauty shop IP IP IP A IP IP IP IP IP 33 33591 Battery IP IP rebuilding/manufacturing 72119 IP 1P IP IP IP IP 72 1 Bed and breakfast IP IP IP 11 11291 Beekeeping, commercial IP SVMC '} v V 11 11291 Beekeeping, hobby 19.40.150(C SSS ) 45 4511 Bicycle sales/service IP ':P IP IP IP IP IP IP IP 33 33661 Boat building, repair and IP IP 1 maintenance 44122 442 Boat sales/service IP IP 45 4512 Book/stationery store IP IP IP IP IP IP IP IP1111111 31 3121 Bottling plant IP IP 71 71395 Bowling alley IP IP IP Il IP IP .. Ems 72 722 Brewery, micro IP IP IP IP ®— IP IP —® IP II III ._31 3121 distillBreweeryry,winery and/or IP iP IP ■ IP !P IP IP — — 111111 33 33499 Broom manufacturing III_--- IP IP — 11111 44 4441 Building supply and 111 Ip Ip IP ' home improvement — 11111111 4444229Candy and confectionery IP IP IP ■■ IP IP IP -® IP 1111,,.■ 71 71399 Carnival, circus T T T -.— T T T f©111111 — 32 3219 Carpenter shop IP IP IP 56 56174 Carpet and rug cleaning IP 0 plants — SVMC 81119 s uS !P IP IP 19.60.040(B IIIII ) 81 2 Carwash P IP — II — III71 7132 Casino IP IP !P IP IP" 1111 45 45411 Catalog and mail order 3 houses !P IP III _ IP IP IP IP IP 72 72232 Catering services IP IP IP I IP IP IP IP IP IP IP 81 8122 Cemetery and Ip crematories 45111 45 2 Ceramics shop IP IP IP IP IP IP 32 325 ChemicalP I IP manufacturing Church,temple, IP IP IP IP IP IP 81 813 mosque, synagogue and IP IP IP IP IP IP IP parsonage — 44 4481 Clothes, retail sales IP IP IP IP IP 49 49312 Cold storage/food locker IP IP 61 6113 College or university IP IP IP IP IP IP IP IP Communication 51 517 IP P IP IP IP IP IP IP service/sales Communications 33 3342 equipment IP IP IP IP manufacturing IP IP IP IP IP IP 92 9922 Community facilities IP IP IP IP IP IP IP IP IP IP IP Community hall, club, IP P IP 81 8134 lodge or recreational IP IP IP IP IP IP IP IP facility Community residential IP IP IP 62 6232 facility(6 or less IP residents) Community residential IE IE IP 62 6232 facility(greater than 6 IP residents, no more than 25) Composting 56 56173 storage/processing, IP commercial 54 54151 Computer services IP IP IP IP IP IP IP IP IP IP 23 2238 Contractor's yard IP IP IP IP IP 62 623 Convalescent home, IP IP nursing home 44 44512 Convenience store IP IP A A IP IP IP IP IP Cosmetic and 33 339 miscellaneous IP IP manufacturing IP IP IP IP IP IP 62 6233 Day care, adult IP IP IP A IP IP IP A A A C C C C IP IP 62 62441 Day care, child (13 IP IP A A IP A A A 0 children or more) IP IP IP IP IP IP 62 62441 Day care, child (12 IP IP IP A A IP IP IP A A A 0 children or fewer) 45 4521 Department/variety store IP IP IP IP IP 44 44611 Drug store IP IP IP A IP IP IP IP A IP 81 8123 Dry cleaners IP IP IP A IP IP IP IP 81233 Dry cleaning, laundry, 812 linen supply plant, IP IP commercial — 32 3 14 1 Dry kiln IP V v v 81 814 Dwelling, accessory SVMC S S S apartments 19.40.100 — — — SVMC 81 814 Dwelling, caretaker's vS vS vS 19.60.060(B residence )(1) IP IP 72 7213 Dwelling, congregate IP IP IP IP IP IP IP IP IP 81 814 Dwelling, duplex SVMC IP IP IP 81 814 Dwelling, multifamily IP IP IP vS vS 19.60.020(6 SVMC IP IP IP IP IP IP 81 814 Dwelling, single-family vS vS 19.60.02,0(B IP IP IP 81 814 Dwelling,townhouse IP IP IP IP Electrical/electronic/com 33 334— puter component and IP IP IP IP IP IP IP 335 system — — manufacturing/assembly — 32222 Emery cloth and 32 6 sandpaper IP IP manufacturing — Entertainment/recreation IP IP IP IP IP 71 713 facilities, indoor — — 71 7139 Entertainment/recreation IP IP IP IP IP IP facilities, outdoor 53 5323 Equipment rental shop IP IP IP IP IP 81 8113 Equipment sales, repair, IP IP IP !P IP and maintenance 72 7222 Espresso/latte retail IP IP IP IP IP IP IP IP IP IP IP service R R 92 92 Essential public facilities =---R ,----R ==R =R =R =R >R Chapter r RRRR ��—›-R — 19.90 SVMC A A 71 71394 Exercise IP IP !P A A IP IP !P IP A A facility/gym/athletic club 32 32592 Explosive manufacturing IP 49 49319 Explosive storage IP IP IP IP IP IP IP IP 81 814 Family home, adult IP IP IP IP IP IP IP IP IP IP IP 81 814 Family home, child IP IP IP IP 44 44122 Farm machinery sales IP IP IP 2 and repair 11 11211 Feed lot IP 31 31121 Feed/cereal/flour mill IP IP 32 3253 Fertilizer manufacturing IP 81 81292 Film developing IP IP IP A A IP IP IP 44 44313 Film/camera IP IP IP A A IP IP IP sales/service 45 4531 Florist shop IP IP IP A A IP IP IP IP 31 311 Food product IP manufacturing/storage Food sales, SVMC 44 44521 specialty/butcher IP IP IP vS IP IP 19.60.040(B shop/meat )(3) market/specialty foods 48 484 Freight forwarding IP IP 44 447 Fueling station IP IP IP A IP IP IP IP 81 81221 Funeral home IP IP IP 33 337 Furniture manufacturing IP IP 31 315 Garment manufacturing IP IP 45 453 Gift shop IP IP IP A A IP IP IP A IP IP IP IP IP IP 71 71391 Golf course IP IP IP IP C C C C C C 71 71391 Golf driving IP C IP IP IP — range/training center 49 49313 Grain elevator IP IP 44 44422 Greenhouse, nursery, IP IP IP IP IP IP garden center, retail — SVMC Greenhouse, nursery, vS vS IP IP 19.60.050(B 11 1114 commercial )(3) _ SVMC 44 4451 Grocery store IP IP IP vS IP IP 19.60.040(B )(3) _ SVMC 44 44413 Hardware store IP IP IP vS IP IP 19.60.040(B )(3) 56221 Hazardous waste vS vS SVMC 56 21.40.060 1 treatment and storage 48 4812 Heliport IP IP 48 4812 Helistop C C C C C IP 45 45112 Hobby shop IP IP IP A IP IP IP 44 442 Home furnishings, retail IP IP IP IP sale 62 6221 Hospital IP IP IP IP IP IP - -R=R 62 62221 Hospital, psychiatric and ,R ›R �R =R -R =R -R =R =R R R R R 0 substance abuse - - 62231 — 62 Hospital, specialty IP IP IP IP IP IP IP A A 72 7211 Hotel/motel IP IP IP IP IP IP IP IP 31211 IP IP 31 3 Ice plant 32 32591 Ink manufacturing IP Jewelry, clock, musical 45 45322 instrument assembly, IP IP IP A IP IP IP IP IP sales/service Kennel, indoor kennel, See zoning 81 81291 vS vS vS vS IP IP districts for doggie day care facility conditions. 54 54138 Laboratories (Bio Safety IP IP IP Level 2) 54 54138 Laboratories (Bio Safety IP !P IP Level 3) 54 54138 Laboratories(Bio Safety IP IP Level 4) Laboratories, medical 62 62151 and diagnostic IP IP IP IP 1P IP Landscape materials p IP !P !P IP 44 44419 sales 81231 A A A 810 Laundromat IP IP A IP IP IP IP 44 4453 Liquor store IP IP IP A A IP IP 56162 56 2 Locksmith IP IP IP A A IP IP IP 32 3211 Lumber mill, sawmill, IP shingle mill, plywood mill 33 33271 Machine shop IP IP IP 33 333 Machine/machinery IP {P manufacturing 23 23611 Manufactured home IP IP 5 fabrication SSS vS vS 81 814 Manufactured home park SVMC 19.40.130 45 45393 Manufactured home Ip Ip Ip sales Manufacturing, 32 327 nonmetallic metal IP IP products 45 45399 Market, outdoor T T T T T T 62 62149 $ Massage therapy IP IP IP IP IP IP IP IP 3116 Meat/fish canning, 31 – cutting, curing and IP IP 3117 smoking Medical and laboratory 33 3391 instrument/appr-atusappa 1P IP IP ratus manufacturing Medical, dental, and 42 42345 hospital equipment IP IP IP A IP supply/sales 62 6214 Medical/dental clinic IP IP IP IP IP IP IP IP IP 62 621 Medical/dental office IP IP IP IP IP IP IP IP IP — 33 332 Metal fabrication IP IP 33 332 Metal plating IP 33 332 Metal processes, hot IP — Mineral product manufacturing, IP nonmetallic 21 212 Mining IP See zoning 72233vS vS vS vS vS vS districts for 72 6 Mobile food vendors vs vS vS conditions. TTTT T T 23 23511 Model home units 71 71211 Museum IP IP IP IP IP IP IP IP 45 45114 Music store IP IP IP A IP IP IP A A 56 561 Office IP IP IP IP IP IP IP IP IP IP IP 45 45321 Office and computer IP IP IP A IP IP IP IP supplies Off-road recreational 99 999 IP !P vehicle use Orchard,tree farming, IP IP 11 1113 commercial 32 32211 Paper/pulp mills IP 48 4859 Park-and-ride facility I IP IP IP IP IP IP IP IP 52229 45 8 Pawnshop IP IP IP IP 81 812 Personal service IP IP IP IP IP IP IP IP 45 45391 Pet shop IP IP IP A IP IP IP 32 32411 Petroleum and coal IP products manufacturing 54 54192 Photographic studio IP IP IP A A IP IP IP 32 32511 Plastic and rubber IP products manufacturing 32 32619 Plastic injection molding, Ip 9 thermoset 32 32619 Plastic injection molding, IP IP IP IP IP IP 9 thermoplastic 32 32619 Plastic injection solvent IP 9 molding 49 491 Post office, postal center IP IP IP IP IP IP IP IP IP IP IP 22 221 Power plant(excluding IP public utility facilities) 56 56143 Print shop IP IP IP A IP IP IP IP IP Printing, reprographics, 32 323 bookbinding services, IP IP commercial 48 48849 Public pay parking IP 1P IP IP IP IP garage/lot IP IP IP IP IP IP 22 221 Public utility distribution IP IP IP IP !P IP IP IP IP IP IP facility — v v .v v Public utility vS vS vS vS vS vS vS vS vS vS SVMC SSSS vS vS 23 237 transmission facility — 19.40.033 71 71399 Racecourse IP IP IP IP 71 71121 Racetrack IP IP 51 5151 Radio/TV broadcasting IP IP IP IP IP IP studio 48 4821 Railroad yard, repair IP shop and roundhouse 72 7212 Recreational vehicle C vS SVMC park/campground 19.60.060 44 44121 Recreational vehicle IP IP sales and service IP IP IP IP IP IP 51 51511 Repeater facility IP IP IP IP IP IP IP 72 7222 Restaurant, drive-in IP IP IP IP IP IP Restaurant, drive- 72 7222 through IP IP A C IP IP IP IP 72 722 Restaurant,full service IP IP IP A IP IP IP IP IP IP Limited to items 45 452— 453 Retail sales IP IP IP A IP IP IP A A manufacture d on the premises. 71 71399 Riding stable IP IP 33 33122 Rolling mill IP 31 314991Rope manufacturing IP IP 32521 Rubber reclamation, 322 manufacturing/fabricatio IP n IP IP IP IP IP IP 61 6111 Schools, public and IP IP IP IP IP IP IP private, K through 12 Schools, professional, IP 61 6114 vocational and trade IP IP IP IP IP IP !P IP IP IP schools Showroom IP IP IP IP IP IP 45 4533 Secondhand store, IP IP IP IP !P IP consignment sales 33 33995 Sign IP IP manufacturing/repair 33 33995 Sign painting shop !P IP IP IP IP Soap and cleaning 32 32561 compound IP manufacturing SVMC 56 56292 Solid waste vS vS vS 19.60.060(B recycling/transfer site Adaptive reuse of Specialized existing 61 6116 training/learning schools IP IP IP IP vS IP IP IP structures or studios only. No expansion allowed. IP !P 49 49319 Storage, self-service IP IP IP IP facility See zoning 49 493 Storage, general— v,,S vS vS vS IP districts for outdoors conditions. Tank storage, LPG , SVMC above ground vS vs vS vS vS vS vS x S v21.40.060 21311 Tank storage, criticalvS vS SVMC 21 2 material above ground 21.40.060 21 21311 Tank storage, critical vS vS vS vS SVMC 2 material below ground 21.40.060 31 3161 Tanning, curing of hides Ip and skins 72 7224 Tavern IP 1P IP IP IP IP Taxidermy IP IP Chapter v v v v Telecommunication ,�S vS vS C vS vS vS C vS vS 22.120 SSSS vS vS 51 5172 wireless antenna array — — _ SVMC Chapter C C C C C C 51 5172 Telecommunication vS vS vS C vS vS vs C vS vS 22.120 wireless support tower — SVMC 31 31411 Textile manufacturing IP IP 71 711 Theater, indoor IP IP IP IP IP IP IP 71 711 Theater, outdoor IP IP IP 56 56292 Tire, recap and retread IP manufacturing SVMC S vS 19.40.110(A SSSS vS vS 51 5179 Tower, ham operator vS vS vS C vS vS C vS ) SVMC 22111 Tower,wind turbine C vS vS vS C vS vS 19.40.110(B 22 9 support ) 48 4851 Transit center IP IP IP IP IP IP IP IP IP C 72 7213 Transitional housing 44122 Truck sales, rental, IP IP 44 2 repair and maintenance 445— !P IP 44 447 Truck stop — 81 81142 Upholstery shop IP IP 1P IP IP — Adaptive reuse of existing 49 49311 Warehousing A vS A IP IP structures. No expansion allowed. 32 321 Wood product IP IP manufacturing Wrecking, recycling,junk SVMC 56 56292 and salvage yards C vS 19.60.060(B IP Permitted Use A Accessory Only =RR Regional SitingT Temporary 9 _ Permit vS Conditions Apply C Conditional Use Permit (Ord. 08-002 § 1, 2008; Ord. 07-015 § 4, 2007). Chapter 19.30 CHANGES AND AMENDMENTS Sections: 19.30.010 Comprehensive Plan text and map amendments. 19.30.020 Area-wide rezones. 19.30.030 Site-specific zoning map amendments. 19.30.040 Development regulation text amendments. 19.30.010 Comprehensive Plan text and map amendments. Pursuant to RCW 36.70.130(2)(a), proposed updates to the Comprehensive Plan will be processed only once a year except for the adoption of original subarea plans, amendments to the shoreline master program, the amendment of the capital facilities chapter concurrent with the adoption of the City budget, in the event of an emergency or to resolve an appeal of the Comprehensive Plan filed with the Growth Management Hearings Board. Comprehensive Plan text and map amendments are classified as Type IV development applications and shall be processed pursuant to SVMC 17.80.140. (Ord. 07-015 § 4, 2007). 19.30.020 Area-wide rezones. Area-wide rezones shall be considered only in conjunction with updates to the Comprehensive Plan text and maps to ensure full consideration of the cumulative effects of all changes. Area-wide rezones are classified as Type IV development applications and shall be processed pursuant to SVMC 17.80.140. (Ord. 07-015 § 4, 2007). 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; 19.30 rezone criteria Page 1 of 2 P:\Community Development\Plannina Commission\2008 Meetings-Planninc Commission\09-25-08 PC meetine\PC 19.30.030 amend site spec-Rezone 9-11-08.doc 6. The map amendment will not be materially detrimental to uses or property in the immediate vicinity of the subject property; 7. Qrnmc.tonnn.� hovo ch-,ns-4 s bot-ntjaUly vino= thor,�iob ohmnr�` of Thr` n. r - �nninr rlicfrin= t^ wzrr-nt dl-,.. rc,'v,.r-,v=..rd mrtn rfnd 8. The map amendment has merit and value for the community as a whole. (Ord. 07-015 § 4, 2007). 19.30.040 Development regulation text amendments. Requests to amend the text of the City's development regulations may be submitted at any time. Text amendments are classified as Type IV development applications and shall be processed pursuant to SVMC 17.80.140. (Ord. 07-015 § 4, 2007). 19.30 rezone criteria Page 2 of 2 P:\Community Development\Planning Commission\2008 Meetings-Planning Commission\09-25-08 PC meeting\PC 19.30.030 amend site spec-Rezone 9-11-08.doc Chapter 19.40 DISTRICT PURPOSE AND SUPPLEMENTAL USE REGULATIONS —RESIDENTIAL ZONES Sections: 19.40.010 General provisions. 19.40.020 Residential standards. 19.40.030 R-1 —Single-Family Residential Estate district. 19.40.040 R-2—Single-Family Residential Suburban district. 19.40.050 R-3 —Single-Family Residential district. 19.40.060 R-4—Single-Family Residential Urban district. 19.40.070 MF-1 —Medium Density Multifamily Residential district. 19.40.080 MF-2—High Density Multifamily Residential district. 19.40.090 Residential accessory uses and structures. 19.40.100 Accessory dwelling unit(ADU). 19.40.110 Other accessory structures. 19.40.120 Manufactured housing. 19.40.130 Manufactured home parks. 19.40.140 Home occupations. 19.40.150 Animal raising and keeping. 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. 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. —Outdoor Lighting: Any lights. whether freestanding or attached to a building or structure. which illuminate any outdoor area of a lot. shall be positioned . placed. constructed. shielded or used so that the direction of the light is downward and within the property lines. Any non-conforming lights shall be discontinued within a period of 180 days s from the effective date of this provision. F. The following features attached to structures are allowed as exceptions to the setback standards: 19.40 amends outdoor lighting and projections Page 1 of 2 P:\Community Development\Planning Commission\2008 Meetings-Planning Commission\09-25-08 PC meeting\PC 19.40.010 amend Otdr light and project 9-11-08.doc 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 thefoundation 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. 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. 19.40 amends outdoor lighting and projections Page 2 of 2 P:\Community Development\Planning Commission\2008 Meetings-Planning Commission\09-25-08 PC meeting\PC 19.40.010 amend Otdr light and project 9-11-08.doc 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 MF-2 PRD Single Family Lot 40,000 10,000 7,500 .6,000 3,600 2,000 Underlying Area per zone idDwelling uUnit/ Duplex Lot area per 6.000 5.000 dwelling unit 7.000 500 Lot Width 80 80 65 50 .`-045 20 30 Lot Depth 100 90 90 80 80 80 50 Front and Flanking 35 15 15 15 15 15 15 Minimum Street Yard Setback (2)(3) Garage Setback 35 20 20 20 20 20 20 (2)( Rear Yard Setback 20 20 20 20 10 10 15 (1)(3) Side Yard Setback 5 5 5 5 5 5 5 (1)X Open Space 10% gross area Lot Coverage 30.0% 50.0% 50.0% 55.0% 60.0% 65.0% 60.0% Maximum Building Height(In 35 35 35 35 40 50 Underlying Feet) 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 Established li sh. from theof he road which would be five (5) feet. J1a�11Jll..d �.�e inner cd:..\, tl.., road or casement. • 19.40 amend drive setback. duplex lot size. MF-1 lot width Pane 1 of 1 P:\Community Development\Planning_Commission\2008 Meetin2s-Planning_Commission\09-25-08 PC meeting_\PC 19.40.020 amend matrix duplex MF-1 drive setbk 9-11-08.doc 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 4i-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 represent 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'':12 3:12pitch; 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). 19.40 Mfg housing amendment Page 1 of 1 P:\Community Develovment\Planning Commission\2008 Meetings-Planning Commission\09-25-08 PC meeting\PC Chapter 19.60 DISTRICT PURPOSE AND SUPPLEMENTAL USE REGULATIONS — COMMERCIAL, OFFICE AND MIXED USE ZONES Amendments 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. E. All outdoor trash. garbage and refuse storage areas shall be screened on all sides visible to public views or rights-of-ways with a minimum five and one-half(5 ''/2) foot high concrete block or masonry wall or sight-obscuring fence with a sight obscuring gate and two (2) feet of Tv_ pe II landscaping in accordance with Figure 22.70-8 SVMC. E.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. 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. 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. 2. 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: 19.60 19.70 amending projections in commercial and industrial zones Page 1 of 4 P:\Community Development\Planning Commission\2008 Meetings-Planning Commission\09-25-08 PC meetine\PC 19.60 19.70 amend projections 9-25-08.doc 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 around may fully extend into a required structure setback: and d. 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. 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. 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.-l-. 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. 19.60 19.70 amending projections in commercial and industrial zones Page 2 of 4 P:\Community Development\Plannine Commission\2008 Meetings-Planning Commission\09-25-08 PC meeting\PC 19.60 19.70 amend projections 9-25-08.doc c.a. 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 facade 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. 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. 19.70.020 I-2,Heavy Industrial A. Heavy Industrial designatedproperty 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 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. 19.60 19.70 amending projections in commercial and industrial zones Page 3 of 4 P:\Community Development\Planning_Commission\2008 Meetings-Planning_Commission\09-25-08 PC meeting_\PC 19.60 19.70 amend projections 9-25-08.doc 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. a-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. 4d. Water stand pipes and tanks. 4. 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 lone 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. 2. 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: 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 façade 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 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. e. Balconies may extend into public rights-of-way as allowed in the building code and adopted street standards F'.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. 19.60 19.70 amending projections in commercial and industrial zones Page 4 of 4 P:\Community Development\Planning Commission\2008 Meetings-Planning Commission\09-25-08 PC meeting\PC 19.60 19.70 amend projections 9-25-08.doc Steven Trabun 1918 S. Stanley Lane Spokane Valley, WA 99212 September 11, 2008 City of Spokane Valley Planning Commission Members, The purpose of this letter is to request an amendment to the City of Spokane Valley Uniform Development Code (UDC), Title 22.60 Outdoor Lighting Standards. Specifically, I would like to request that the Planning Commission recommend an amendment to the ordinance language to include one (1) and two (2) family dwellings. The following language change to Section 22.60.020 Application will accomplish this request. Current Ordinance Language Proposed Ordinance Language The requirements of this chapter and the The requirements of this chapter and the Washington Energy Code (WAC 51.11) Washington Energy Code (WAC 51.11) apply to outdoor lighting requirements for apply to outdoor lighting requirements for all developments except one (1) and two all developments and applications except (2) family dwellings and public street : ••-= •• - = •• lighting. public street lighting. I have made public comment during the June 10, 2008 and May 13, 2008 City Council meetings, which resulted in a request by Council for staff to include the review of this ordinance amendment in its current"batch" amendments. Included in this package are letters and photos that I submitted to City Council in addition to my public comments. Upon review, I hope that you will agree that the current ordinance should be amended to include one and two family dwellings, as the current exception will likely result in other similar situations throughout the City of Spokane Valley. Citizens of the City of Spokane Valley deserve to be protected from lighting applications that trespass their property and interfere with the quiet enjoyment of their property. Thank you very much for your consideration of this request. Respectfully submitted, Steven Trabun Steven Trabun 1918 S. Stanley Lane Spokane Valley, WA 99212 June 10, 2008 Mayor Munson and City Council Members, The purpose of this letter is to request an amendment to the City of Spokane Valley Uniform Development Code (UDC), Title 22.60 Outdoor Lighting Standards. Specifically,I am requesting that City Council direct City staff to amend the ordinance language to include one (1) and two (2) family dwellings. The following language change to Section 22.60.020 Application will accomplish this request. Current Ordinance Language Proposed Ordinance Language The requirements of this chapter and the The requirements of this chapter and the Washington Energy Code(WAC 51.11) Washington Energy Code (WAC 51.11) apply to outdoor lighting requirements for apply to outdoor lighting requirements for all developments except one (1) and two all developments and applications except (2) family dwellings and public street one(1) and two (2) family dwellings and lighting. public street lighting. As you may recall, I made public comment during the May 13, 2008 City Council meeting. I am the neighbor of an adjacent property owner who has recently installed a 15' —20' tall 1000 watt metal halide commercial grade flood area light(RUUD Lighting) to illuminate a sport court. My family and I are now experiencing significant light trespass that is interfering with the quiet enjoyment of our property (see attached letter and photos). On Friday, June 6,2008 I received a written response to my citizen action requests from Kathy McClung, Community Development Director. In the City's response,I was notified that a citizen can pursue a code amendment. During a subsequent telephone conversation with Kathy McClung on June 9,2008 I was informed that a citizen initiated code amendment requires a$700 application fee. As an alternative,Kathy also told me that the City Council can direct staff to make a code amendment,thus the purpose of this written request. When I asked the question as to why the ordinance excludes one and two-family dwellings I was told that the prior Community Development Director wrote the ordinance, and there is no explanation as to why the exclusion exists. Regional and national attention is now on"dark skies",with an emphasis on preserving and promoting beautiful nighttime skies and the reduction of light pollution. I urge the City Council to direct City staff to amend Title 22.60 Outdoor Lighting Standards language to include one- and two- family dwellings. Citizens of the City of Spokane Valley deserve to be protected from lighting applications that trespass their property and interfere with the quiet enjoyment of their property. Thank you very much for your consideration. Respectfully submitted, Steven Trabun Steven Trabun 1918 S. Stanley Lane Spokane Valley, WA 99212 May 13, 2008 Mayor Munson and City Council Members, I am writing to request a review and amendment to the City of Spokane Valley Uniform Development Code (UDC),Title 22.60 Outdoor Lighting Standards. As a citizen of the City of Spokane Valley, and being the neighbor of an adjacent property owner who has recently installed a 15' —20' tall 1000 watt metal halide commercial grade flood area light (RUUD Lighting)to illuminate a sport court,my family and I are now experiencing significant light trespass that is interfering with the quiet enjoyment of our property(see attached photos). After submitting a Citizen Action Request Form on April 11,2008, I was informed by the City's code compliance department that the light is not in violation of UDC Title 22.60. Although the purpose of the outdoor lighting standards regulation"discourages excessive lighting of outdoor spaces, encourages energy conservation and prohibits lighting creating a nuisance for adjacent property owners",the requirements of the code"apply to outdoor lighting requirements for all developments except one- and two-family dwellings and public street lighting". We happen to live in a residential housing development containing forty single-family dwellings. As an alternative, I submitted a subsequent Citizen Action Request form on May 8, 2008, citing a violation of Title 7.05 Nuisances, and requested that the City of Spokane Valley take action to mitigate this light trespass,which is interfering in the quiet enjoyment of our property. We are currently awaiting a determination from the City of Spokane Valley Community Development Director. I urge you to amend Title 22.60 Outdoor Lighting Standards language to include one-and two- family dwellings so that the citizens of the City of Spokane Valley will be protected from lighting applications that trespass their property and interfere with the quiet enjoyment of their property. Thank you for your consideration. Respectfully submitted, Steven Trabun f9iffl ' • - n • ' . ` 1.. . I, / { A- y. t. :,. ' ;1 ,if.-: - - • s'v 'c — , .. 8(40„ ( - . ,� ji •J YQw_ , ' 4f Aro 4 FVV . 14 f r i Photo of RUUD Lighting 1,000 watt, metal halide,vertical forward throw flood light Photo taken from our backyard looking across property line to backyard of 1922 S. Stanley Lane r- •t � s . 7 '! Cyt- � • Photo showing property line between 1922 S. Stanley Lane and 1918 S. Stanley Lane. Photo shows the placement of 1,000 watt,metal halide vertical forward throw flood light, facing our property r 1 d, 4� ' 4 1v • A 41► „f.. • V °•' a Photo taken at dusk from our deck looking in direction of illuminated 1,000 watt,metal halide vertical forward throw flood light. With mounting height of 15' —20',the light clearly trespasses onto our property, as depicted by light on deck. This photo was taken from a distance in excess of 100' from the light. CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: September 11, 2008 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business X new business X public hearing ❑ information admin. report ❑ pending legislation AGENDA ITEM TITLE: Code Compliance - Proposed revisions GOVERNING LEGISLATION: SVMC 17.80.150, 17.90 and SVMC 7.05 PREVIOUS PLANNING COMMISSION ACTION TAKEN: None on these proposed revisions. BACKGROUND: Staff constantly reviews and takes in comments regarding its Code provisions in an effort to fix things that don't work as intended, to make the Code work better in its application to real life situations, and to remove those provisions that our experience shows us are unnecessary. We have been accumulating a number of potential changes as they relate to code compliance-related provisions, which are provided in the attachment. SVMC 17.80.150(F) states that the City may approve amendments to the UDC if it finds that: (1) the proposed amendment is consistent with the applicable provisions of the Comprehensive Plan; and (2) the proposed amendment bears a substantial relation to the public health, safety, welfare, and protection of the environment. The proposed changes are consistent with Chapter 10.3 of the Comprehensive Plan (Neighborhood/Sub-area), Goals and Policies. Specifically, NG-2 requires code provisions that "preserve and protect the character of Spokane Valley's residential neighborhoods. NP-2.1 states as follows: "maintain and protect the character of existing and future residential neighborhoods through the development and enforcement of the City's land use regulations and joint planning." Further, NP-2.7 states as follows: "encourage rehabilitation and improvement programs to conserve and upgrade existing properties and buildings." Lastly, NP-2.8 states: Encourage programs targeted at neighborhood preservation, including Weed and Seed, housing rehabilitation and crime prevention programs, such as Neighborhood Watch, McGruff Houses, etc." Enhancement of the code compliance provisions meet those goals, and are thus consistent with the Comprehensive Plan. OPTIONS: Make recommendations on the various proposed changes. RECOMMENDED ACTION OR MOTION: Take public testimony at a public hearing; recommend approval to the City Council. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Mary Kate Martin, Building Official; Cary Driskell, Deputy City Attorney ATTACHMENTS: Proposed changes in SVMC 17 and SVMC 7.05 7.05.020 Definitions. "Abate" means to take whatever steps are deemed necessary by the director to ensure that the property complies with applicable nuisance ordinance requirements. Abatement may include, but is not limited to, rehabilitation, demolition, removal, replacement or repair. "City" means the City of Spokane Valley, Washington. "Code compliance officer" means a regular or specially commissioned officer so designated by the director of community development for the City. "Days"will be counted as business days when five or fewer days are allowed to do an act required by this chapter. "Days" will be considered calendar days when more than five days are allowed to do an act required by this chapter. "Determination of compliance" means a written statement from the director that evidence exists to determine that the violation(s) has been sufficiently abated as to the nuisance violation(s) stated in the voluntary compliance agreement or notice and order. "Director" means the community development director for Spokane Valley, or his/her designee. "Found in violation" means that: 1. A notice and order has been issued and not timely appealed; 2. A voluntary compliance agreement has been entered into; or 3. The hearing examiner has determined that the violation has occurred and such determination has not been stayed or reversed on appeal. "Graffiti" means unauthorized markings, inscriptions, words, figures, designs or other inscribed material visible from premises open to the public, that have been placed upon any property through the use of paint, ink, dye, or any other substance capable of marking property. "Hearing examiner" means the City of Spokane Valley hearing examiner, as provided by Chapter 10.35 SVMC as adopted or hereafter amended. "Impound," for the purposes of this chapter, means to take and hold a vehicle in legal custody. "Inoperable" means incapable of being operated legally on a public highway, including, but not limited to, not having a valid, current registration plate or current certificate of registration. "Junk vehicle" means a vehicle substantially meeting at least three of the following criteria: 1. Is three years old or older; 2. Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield, or missing wheels, tires, motor, or transmission; 3. Is apparently inoperable; 4. Has an approximate fair market value equal only to the approximate value of the scrap in it. "Mitigate" means to take measures, subject to City approval, to minimize the harmful effects of the nuisance violation where remediation is either impossible or unreasonably burdensome. "Nuisance" means the unreasonable or unlawful use by a person, of real or personal property, or the unreasonable, indecent or unlawful personal conduct which materially interferes with or jeopardizes the health, safety, prosperity, quiet enjoyment of property or welfare of others, offends common decency or public morality, or obstructs or interferes with the free use of public ways, places or bodies of water. 7.05 amend definitions Page 1 of 5 P:\Community Development\Planning Commission\2008 Meetings-Planning Commission\09-25-08 PC meeting\PC 7.05 amend grafitti 9-25-08.doc "Person" means any individual, association, partnership, corporation or legal entity, public or private, and the agents and assigns of such individual, association, partnership, corporation or legal entity. "Person responsible for a nuisance violation" means the person who caused the violation, if that can be determined, and/or the owner, lessor, tenant or other person entitled to control, use and/or occupancy of the property where the nuisance violation occurs. "Person(s) responsible for a junk vehicle nuisance violation" means: 1. The land owner where the junk vehicle is located as shown on the last equalized assessment roll; and 2. The last registered owner of the vehicle, unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101; and 3. The legal owner of the vehicle. "Remediate" means to restore a site to a condition which does not pose a probable threat to the general public health, safety or welfare. "Vehicle," for the purposes of SVMC 7.05.040(S), includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, including bicycles. The term does not include devices other than bicycles moved by human or animal power or used exclusively upon stationary rails or tracks, as set forth in RCW 46.04.670. 7.05.040 Nuisances prohibited. No person, firm, or entity shall erect, contrive, cause, continue, maintain, or permit to exist any public nuisances within the City. Prohibited public nuisances include, but are not limited to: A. Vegetation. 1. Overhanging limbs or branches that are less than eight feet above a public walkway or sidewalk, or less than 14 feet above a public street. 2. Vegetation that obstructs or hinders the use of any public walkway, sidewalk, or street, or that obstructs or obscures the view of traffic or traffic control devices, pursuant to clear-view triangle policies adopted by the City. 3. Any growth of noxious weeds or any toxic vegetation shall be subject to Chapter 16-750 WAC as currently adopted and hereafter amended. B. Buildings, Structures, Fences. 1. Buildings or portions thereof which are deemed dangerous pursuant toiary the Spokane Valley building code (currently adopted International Property Maintenance Code and the International Existing Building CodeU'n!form Cod° for tho bo emo"t of Con erous Bu !d'ings); provided, that such conditions or defects exist to the extent that the life, health, property or safety of the public or the structure's occupants is endangered. 2. Any fence that obstructs or obscures the view of traffic or traffic control devices, pursuant to clear-view triangle policies adopted by the City. C. Sidewalks. 1. Any protrusion, awning, or overhang that inhibits or obstructs use of a public walkway or sidewalk. 7.05 amend definitions Page 2 of 5 P:\Community Development\Planning Commission\2008 Meetings-Planning Commission\09-25-08 PC meeting\PC 7.05 amend grafitti 9-25-08.doc 2. Any object, construction, or damage that inhibits or obstructs the surface use of a public walkway or sidewalk. 3. Snow or ice not removed from a public sidewalk within a reasonable time. 4. Accumulations of dirt or debris not removed from a public sidewalk. D. Unauthorized Signs. Any sign not in compliance with the City's currently adopted sign code. E. Accumulations of materials, garbage, recyclables, furniture, machinery. 1. Building and Construction Materials. Accumulations, stacks, or piles of building or construction materials not associated with a current, in-progress project including metal, wood, wire, electrical or plumbing materials in disarray or exposed to the elements on the property. This provision does not apply to a designated contractor's yard, as defined in the currently adopted Spokane Valley Zoning Code. 2. Garbage, Recyclables, Compost, and Infestations. a. Garbage not kept in a proper receptacle with a tight-fitting lid. b. Accumulations of broken or neglected items, litter, salvage materials, and junk not in an approved enclosed structure, in the front. back, or side yards of the property. c. Recyclables not properly stored and regularly disposed of. d. Creating or maintaining accumulations of matter, including foodstuffs, that harbor or are an attraction for the infestation of insects or vermin: failing to eliminate such infestations; or failing to eliminate intrusive insects. 3. Furniture and Appliances. a. All broken or discarded household furniture, furnishings or equipment, or any appliances not in an approved enclosed structure, in the front, side. or back yard of a property. b. All accessible refrigeration appliances not having the doors secured or removed, or any enclosure that can entrap humans or animals. 4. Machinery and Eauipment. Broken, inoperable, accumulations of, or parts of machinery or equipment not in an approved enclosed structure, in the front, back, or side yards of the property. This section excludes nuisance vehicles that are regulated by subsection P of this section. F. Fire Hazards. Stacks or accumulations of newspapers, dead vegetation (excluding properly maintained compost piles), cardboard, or other paper, cloth, or wood products left in a manner that could pose a substantial risk of combustion or the spread of fire. G. Toxic or Caustic Substances. Improper storing or keeping of any toxic, flammable, or caustic substances or materials. H. Smoke, Soot, or Odors. The escaping or emitting of any unnecessary or harmful smoke, soot, fumes, or gases or odors offensive or harmful to persons of ordinary sensibilities. I. Bodies of Water. 1. Except for City-approved structures related to storm drainage systems, all stagnant, pooled water in which mosquitoes, flies or other insects may multiply. 7.05 amend definitions Page 3 of 5 P:\Community Development\Planning Commission\2008 Meetings-Planning Commission\09-25-08 PC meeting\PC 7.05 amend grafitti 9-25-08.doc 2. The polluting of any waterway, well, or body of water not subject to the jurisdiction of the Spokane regional health district. `I. r:arh-nn vo.+mpeot, on-, i..E -tions. 1. eat ge not kept in Nrcrer rcczpto cl. withntight fitting lid. 2. Accumulations of broken or neglected items, litter, a ,vage .m teri .J a^ d junk not -n anorod enclosed s+roc+„renthe front or side yords of the pr-p-r 2. R c 'olablos not properly stored and regularly disposed cf. '1 Cresting Crmo;n+oining nos.,mulotiono meter, including foodstuff-, that �, .G....�,.y .n..,,.,..... ,may ....J v... ae,..uv.w of ..... . .,.v ... . foodstuff-,.. .. harbor or ore on at+roo+icn for the infest :tior, of insects or vcrnl,n• •fo..'lin to eliminate' i f_ t'_ • r cn;l'n _1• 4- ;nt vi, - •.,.. + Furniture tu K. �. , i ,re a nd P.pp ;un nces. 1. All broken or discordod household furniture, furnishings or equipment, or any n i _+ in _ _ vr, r7 ..+r . . =f property. 2. All o^coscible- Tofrigorotion ^ppliarc o, not havingtho doors .�c"red or m d, rn r _ +hot con entrap humane cr onimols. LJ. Holes, Pits, and Excavations. All uncovered holes, pits, or excavations not marked or guarded that are in excess of 10 or more inches in width at the top and four feet or more in depth. ,4 . .. .. Cr ,;p +. _,.1 en, ircpv cble occ'umulotions of, cr ports of moohinsry or equipment not in on approved enclosed struct'ur^, in the front, bock, or side, yords of the property. This 'section excludes r'uisonce vehicles thot are regulated by subocction S of this section. 14K. Attractive Nuisances. Any accessible attractive nuisance to children including, but not limited to, unattended machinery or equipment, unsecured abandoned or vacant buildings, open and unattended vehicle trunks, or other unguarded conditions or situations that could injure or trap a child. QL. Noise. 1. Any noise or sound that intrudes into the property of another person that exceeds the maximum permissible noise levels as established in WAC 173-60-040, as currently adopted and hereafter amended. 2. The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted by law. 3. The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off- highway vehicle or internal combustion engine within a residential zone, so as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property. 4. The noisy operation of any automobile, truck, motorcycle or other vehicle in such a nonemergency manner to cause the squealing of tires by the rapid acceleration of the vehicle; the loud and continuous grinding, thumping or grading noises from trucks or other commercial vehicles; the engine compression noise from the unmuffled or poorly muffled compression braking of trucks; the sound from any motor vehicle audio sound system such as tape players, radios, and compact disc players at volumes so as to be audible greater than 50 feet from the vehicle itself; and loud, excessive engine or 7.05 amend definitions Page 4 of 5 P:\Community Development\Planning Commission\2008 Meetings-Planning Commission\09-25-08 PC meeting\PC 7.05 amend grafitti 9-25-08.doc exhaust noise from unmuffled vehicles or vehicles operating with inadequate muffler systems to prevent unreasonably loud noises. PM. Dust. Disturbing the topsoil of any land area, or permitting the same, by any person without taking affirmative measures to suppress and minimize the blowing and scattering of dust so as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property. This provision does not include permitted agricultural activities as legal nonconforming uses or permitted agricultural activities in general agricultural zones. c N. Nuisance Premises. Any premises or structures allowing or maintaining prostitution, lewd behavior, underage consumption of alcohol, the harboring of juvenile runaways or wanted persons, or where there is the use, sale, manufacturing or distributing of any narcotic or controlled substance, or at which there is a pattern of criminal activity, are prohibited nuisances. PLO. Yard Sales. The holding or permitting of a yard sale on the same real property more than seven consecutive days, or more than two consecutive weekends. SP. All junk vehicles, or parts thereof, placed, stored or permitted to be located on private property within the City limits are public nuisances to be abated as provided in this chapter. This chapter does not apply to: 1. A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; 2. A vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer, and is fenced according to the provisions or RCW 46.80.130; 3. A junk vehicle does not include a vehicle which is in the process of being repaired, as evidenced by the good faith efforts of the vehicle owner. This exception shall include having up to one "parts" vehicle, from which parts are being salvaged concurrent with the repair process for the vehicle being excepted from compliance in this section. Good faith efforts of repair can include producing invoices showing work or parts purchased for repair or renovation within 30 days prior to issuance of the notice of violation, or a declaration under penalty of perjury that the vehicle is in the process of being repaired and has been worked on within 30 days prior to issuance of the notice of violation. This exception allows up to 60 days for good faith repair. Upon good cause shown, the director shall have the discretion to grant one additional 60-day exception period to this chapter. Under no circumstance shall any good faith efforts of repair extend for more than 120 days, after which time this exception shall no longer apply. This exception shall apply to one vehicle and one parts vehicle per parcel of land per calendar year; 4. There shall be allowed as exceptions to this chapter up to two junk vehicles in ?- -3.5 2nd UR 7R-1, R-2, R-3 and R-4 zones, so long as they are completely sight- screened by maintained Type I or II landscaping, a maintained landscaped berm, or fencing, as may be required in the currently adopted zoning code. Junk vehicles allowed by this exception are restricted to only the R-1, R-2, R-3 and R-4UR 3.5 2nd UR 7 zones. Q. Graffiti. All graffiti upon public or private property is deemed a nuisance. 7.05 amend definitions Page 5 of 5 P:\Community Development\Planning Commission\2008 Meetings-Planning Commission\09-25-08 PC meeting\PC 7.05 amend graffiti 9-25-08.doc and Contents of ane.. Ar Appeal to �vwooveav %.5V.19°�49 Time for cij:Dp �' the Hearing =--- ee6e 1. Appeal to Hearing Examiner. Any appeal to the Hearing Examiner must be received no later than fourteen (14) calendar days after written notice of the decision is mailed. Receipt of a complete appeal submittal shall stay the original decision until a final decision on the appeal has been reached. The appeal shall include: a. The case number designated by the City and the name of the applicant; b. The name and signature of each petitioner or their authorized representative and a statement showing that each petitioner has standing to file the appeal under this chapter. If multiple parties file a single petition for review, the petition shall designate one (1) party as the contact representative; c. The specific decision and specific portions of the decision or determination being appealed, and the specific reasons why each aspect is in error as a matter of fact or law; d. Evidence that the specific issues raised on appeal were raised during the period in which the record was open; and e. The appeal fee as identified in SVMC 17.110. The fee may be refunded, either wholly or partially, only if the appellant requests withdrawal of the appeal in writing at least fourteen (14) calendar days before the scheduled appeal hearing date. f. A person responsible for a code compliance/enforcement violation who successfully appeals the City's administrative determination of a violation shall be refunded the appeal fee within 45 days. 17.100.080 Obligations of persons responsible for code violation. A. It shall be the responsibility of any person identified as responsible for a code violation to bring the property into a safe and reasonable condition to achieve code compliance. Payment of civil penalties, applications for permits, acknowledgement of stop work orders, and compliance with other remedies does not substitute for performing the corrective work required and having the property brought into compliance to the extent reasonably possible under the circumstances. B. Persons determined to be responsible for a code violation pursuant to a notice and order shall be liable for the payment of any civil penalties and abatement costs_; which _ s,il+^.-Irin +he violation "'c taken +hr, c'' eer's knawla.ly- or rvnc°n+ by come _ or om a.�na ti. on the o'� nor hohwlf, that ewncr ar;a �'+L.^r+ban the V::rnar j c '�:..ny .� s � °hall ha rospon-.tikI'- only for'hringin., `hc aro nr+'' into. =plianoo to+4.n extent ble ndar+h^ aircumc+anoeo Sher Ira the not °errant the violation, na°_an�hl�r=ager owner �`+` „`v ori ' {��..,..,... � iG.-.......r.. �:r ter... ..... .J.....,.�........r... .,. r�...,,.. .r r... .....r...� ...... .rv..-.�,..,��... only those chotement costs, nar.aecary to bring the Nroper+y into a cafe and reaatnablc ..y t d-t h^ ( i+ r chalh^ c sena by +h^ City. No civil penaltie° condition co. datormiried by tho o.r osseso by .r. N u .1 ' v °hall by ass osod cgainst such on `wna or his or her preps ty interact 17.90 amend enforcement code Page 1 of 4 P:\Community Development\Planning Commission\2008 Meetings-Planning Commission\09-25-08 PC meeting\PC 17.90 amendment enfocement code 9-2-08 draft four.doc 17.100.090 Determination of Compliance After issuance of a warning, Voluntary Compliance Agreement, notice and order, or stop work order, and after the person(s) responsible for a violation has come into compliance, the City shall issue a written determination of compliance. The City shall mail copies of the determination of compliance to each person originally named in the warning, Voluntary Compliance Agreement, notice and order, or stop work order, as well as the complainant if the complainant requests such notification at the time the complaint was submitted to the City, by Certified Mail, five (5)-day return receipt requested. 17.100.150 Notice and Order— Contents The notice and order shall contain the following information: A. The address, when available, or location of the violation; B. A legal description of the real property or the Spokane County tax parcel number where the violation occurred or is located, or a description identifying the property by commonly used locators; C. A statement that the City has found the named person(s) responsible for a to ho committod u violation and a brief description of the violation(s) found; D. A statement of the specific provisions of the ordinance, resolution, regulation, public rule, permit condition, notice and order provision, or stop work order that was or is being violated; E. A statement that a civil penalty is being assessed, including the dollar amount of the civil penalties per separate violation, and that any assessed penalties must be paid within twenty (20) days of service of the notice and order; F. A statement advising that any costs of enforcement incurred by the City shall also be assessed against the person to whom the notice and order is directed; G. A statement that payment of the civil penalties assessed under this article does not relieve a person found to be responsible for a code violation of his or her duty to correct the violation and/or to pay any and all civil penalties or other cost assessments issued pursuant to this article; H. A statement of the corrective or abatement action required to be taken and that all required permits to perform the corrective action must be obtained from the proper issuing agency; I. A statement advising that, if any required work is not commenced or completed within the time specified by the notice and order, the City may proceed to seek a judicial abatement order from Spokane County Superior Court to abate the violation; J. A statement advising that, if any assessed penalty, fee or cost is not paid on or before the due date, the City may charge the unpaid amount as a lien against the property where the code violation occurred if owned by a person responsible for a violation, and as a joint and several personal obligation of all persons responsible for a code violation; K. A statement advising that any person named in the notice and order, or having any record or equitable title in the property against which the notice and order is recorded may appeal from the notice and order to the Hearing Examiner within twenty (20) days of the date of service of the notice and order; 17.90 amend enforcement code Pace 2 of 4 P:\Communitv Development\Planning Commission\2008 Meetings-Planning Commission\09-25-08 PC meeting\PC 17.90 amendment enfocement code 9-2-08 draft four.doc L. A statement advising that a failure to correct the violations cited in the notice and order could lead to the denial of subsequent Spokane Valley permit applications on the subject property; M. A statement advising that a failure to appeal the notice and order within the applicable time limits renders the notice and order a final determination that the conditions described in the notice and order existed and constituted a violation, and that the named party is liable as a person responsible for a violation; N. A statement advising the person responsible for a code violation of his/her duty to notify the City of any actions taken to achieve compliance with the notice and order; and 0. A statement advising that a willful and knowing violation may be referred to the Office of the City Attorney for prosecution. 17.100.250 Civil Penalties —Assessment Schedule 1. Civil penalties for code violations shall be imposed for remedial purposes and shall be assessed for each violation identified in a notice of violation, notice and order, or stop work order, pursuant to the following schedule: Notice and orders and stop work orders: basic initial penalty per violation: $500.00 2. Additional initial penalties may be added where there is: a. Public health risk— amount depends on severity: $0—2,500 b. Environmental damage —amount depends on severity: $0 —2,500 c. Damage to property of other—amount depends on severity: $0—2,500 d. History of similar violations (less than three (3)): $500 e. History of similar violations (three (3) or more): $2,500 f. Economic benefit to person responsible for violation: $5,000 3. T..e _,. - .-s I i-n m _ - e+ . +-.. - 1 ,prinri - un u. Cull nm pI ia ce with el.n+n , Ltm lionee Agreement withprier history of zero (1 +. .n 4 r .il nl inn -- 0._. h Full mplianCe with a Voluntary Compliance'ance •1greement and a h.c.on) ttvc (2) t.,. . u � Cc ..p.u..... ....... . .y v . ��..G..v.. y ... t � a. w. 1 of v cr more prior similar violations: $0 500.00 '. The total initial p nalties assesse'' for nctioe and orders and stop work orders pursuant to t-i... rl'... . .,.I ... I -r t +h r . - _th my ice` i -r - v(-. .n+ (`. - • -vm-n Civil penalties shall be paid within twenty (20) days of service of the notice and order or stop work order if not appealed. Payment of the civil penalties assessed under this article does not relieve a person found to be responsible for a code violation of his or her duty to correct the violation and/or to pay any and all civil penalties or other cost assessments issued pursuant to this article. g4. The City may suspend civil penalties if the person responsible for a code violation has entered into and fulfilled all requirements of a Voluntary Compliance Agreement. Penalties shall begin to accrue again pursuant to ho terms of the Voluntary Compri^nee Agreement if any necessary permits appliedfor ar'v denied, an el are canceled or not pursued, if err t•• ^ . . :.^ •__ ... hn • i . - • --. . ..- ....- •= - - - , ... ..=t - .'t-... .. 17.90 amend enforcement code Page 3 of 4 P:\Community Development\Planning Commission\2008 Meetings-Planning.Commission\09-25-08 PC meeting\PC 17.90 amendment enfocement code 9-2-08 draft four.doc r it 4.— r.r .4 i 1 re., b r +.tie, fn nr. '+' i1 r 4 hi . hick yea. ...o to the ci.nte.,ry rg,me.,^1e.,nt. 7. Civil penalties assessed create a joint and several personal obligations in all persons responsible for a code violation. 8. In addition to, or in lieu of, any other state or local provision for the recovery of civil penalties, the City may file for record with the Spokane County auditor to claim a lien against the real property for the civil penalties assessed under this article if the violation was reasonably related to the real property. Any such lien can be filed under this article if, after the expiration of thirty (30) days from when a person responsible for a code violation receives the notice and order or stop work order (excluding any appeal) and any civil penalties remain unpaid in whole or in part. 17.100.280 Civil Penalties—Waivers 1. Civil penalties may be waived or reimbursed to the payer by the City under the following circumstances: a. The notice and order or stop work order was issued in error; b. The civil penalties were assessed in error; c. Notio felled to reech t pror'orty owner due to Lir,uc„_eI circu'mst"nneS; or d—New, material information warranting waiver has been presented to the City since the notice and order or stop work order was issued; or • T. r- , h it ` t, - .rivr t• �. + proceedings hove hove boron initiated d. As appropriate to resolve litigation..- 2. The City shall state in writing the basis for a decision to waive penalties, and such statement shall become part of the public record unless privileged. 17.90 amend enforcement code Page 4 of 4 P:\Community Development\Planning Commission\2008 Meetings-Planning Commission\09-25-08 PC meeting\PC 17.90 amendment enfocement code 9-2-08 draft four.doc