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Agenda 03/08/2007 SPOKANE VALLEY PLANNING COMMISSION AGENDA Council Chambers - City Hall 11707 E. Sprague Avenue March 8, 2007 6:00 to 9:00 pm 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 Old Business — Continued Public Hearing —Title 24, Building Codes Continued Public Hearing —Title 19, UDC Zoning, including the Schedule of Permitted uses New Business — X. FOR THE GOOD OF THE ORDER Xl. ADJOURNMENT COMMISSIONERS CITY STAFF Gail Kogle, Chair Marina Sukup, AICP Robert Blum, Vice-Chair Greg McCormick, AICP Fred Beaulac Scott Kuhta, AICP John G. Carroll Mike Basinger, AICP David Crosby Cary Driskell, Deputy City Attorney Ian Robertson Deanna Griffith Marcia Sands www.spokanevalley.orq Public Hearing Draft Title 24 Building Codes Title 24 Building Codes 24.10 Authority 24.10.010 The City of Spokane Valley (hereafter referred to as the "City") adopts the State Building Code pursuant to RCW 19.27.031, and additional codes enumerated herein as allowed pursuant to RCW 19.27.040. 24.20 Purpose 24.20.010 These regulations have been established in compliance with the State Building Code Act to promote the health, safety and welfare of the occupants or users of buildings and structures and the general public as enumerated in RCW 19.27.020. 24.30 Appeals The appeal of any decision, order or determination of the Building Official shall be made in conformance with SVMC 17.50. 24.40 Codes Adopted 24.40.010 General 1. These regulations apply to any structure, equipment, or activity regulated by the herein adopted codes. All referenced codes are available for viewing at the City Permit Center. 2. All codes adopted under the former Title 10 (Ordinance 04-010) shall be in effect and acceptable for application to projects submitted for review and approval prior to July 1, 2007. Nothing in this section would prevent submission of projects for review and approval under the current codes adopted pursuant to Title 24. After July 1, 2007 projects submitted for review and approval must conform to the requirements of this title. 24.40.020 Specific The following codes, all as amended, added to, or excluded in this chapter, together with all amendments and additions provided in this title, are adopted and shall be applicable within the City: 1. Chapter 51-11 WAC—Washington State Energy Code 2. Chapter 51-13 WAC—Washington State Ventilation and indoor air quality 3. Chapter 51-19 WAC—Washington State Historic Building Code 4. Chapter 51-50 WAC — State Building Code Adoption and Amendment of the 2006 edition of the International Building Code; including Appendix chapters F, G, I, and J 5. Chapter 51-51 WAC — State Building Code Adoption and Amendment of the 2006 edition of the International Residential Code; including Appendix chapters H and J 6. Chapter 51-52 WAC — State Building Code Adoption and Amendment of the 2006 edition of the International Mechanical Code and of the 2006 edition of the International Fuel Gas Code 7. Chapter 51-54 WAC — State Building Code Adoption and Amendment of the 2006 edition of the International Fire Code Page 1 of 16 P:ACommunity Development\Development Regulations\3 Public Hearing Drafts\New Folder\Public Hearing Draft Title 24 02-05-07.doc Public Hearing Draft Title 24 Building Codes 8. Chapter 51-56 WAC — State Building Code Adoption and Amendment of the 2006 edition of the Uniform Plumbing Code 9. Chapter 51-57 WAC — State Building Code Adoption and Amendment of Appendix A, B and Appendix I of the 2006 edition of the Uniform Plumbing Code 10. The 2006 International Plumbing Code as presently constituted or as may be subsequently amended; provided, that in the event of conflicts with the State Plumbing Code adoption of the Uniform Plumbing Code, the state code will prevail. Such conflicts will be reviewed and a determination issued by the Building Official or their designee 11. 2006 edition of the International Existing Building Code 12. 2006 edition of the International Property Maintenance Code, except Sections 106, 111, 302.3-.4, 302.8, 303, 304.2, 304.8, 304.13-.18, 305.3, 305.6, 307, 308.2-.5, 404.1, 507, and 606 are not adopted. 24.40.030 Local Amendments to the Adopted Codes .,X 1. 2006 International Buildinq Code a. Amend section 105 Permits as follows: i. Alter the square feet in section 105.2 Work exempt from permit. Building: 1. to read as follows: One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses provided the floor area does not exceed 200 square feet (11.15 m2) ii. Delete text of section 105.5 Expiration in its entirety and replace with the following: 105.5 Expiration of permits. All permits shall expire by limitation and be declared void if: :, 1. Work is not started within 180 days of obtaining a permit or; 2. Work is abandoned for 180 days or more after beginning work or; 3. Two years from the date of permit issuance. 105.5.1 Completion of work. If a permit expires subject to this section, and the work authorized under the expired permit is not complete, a new permit may be obtained for 1/2 the permit fee. The permit fee shall be based on the value of the remainder of the work not completed under the original permit or the actual cost to the jurisdiction to complete the permit process, whichever is greater. ®®®®®®• 105.5.2 Compliance actions. If a permit issued to resolve a code ®®®®®®• violation expires subject to this section, the property owner may be subject to the immediate imposition of remedies authorized by the ®®® Spokane Valley Uniform Development Code. iii. Add subsection 105.8 Permit ownership to read as follows: The ownership of a permit issued pursuant to this title inures to the property owner. The permit applicant if not the property owner shall be held to be an agent of, and acting on behalf of, the property owner. b. Amend section 108 Fees as follows: i. Delete the text of section 108.4 Work commencing before permit issuance in its entirety and replace with the following: Any person who commences any work on a building structure, electrical, gas, mechanical or plumbing system before obtaining necessary permits shall be subject to an investigation fee in accordance with the schedule established by the governing authority or such work. Page 2 of 16 P:ACommunity Development\Development Regulations\3 Public Hearing Drafts\New Folder\Public Hearing Draft Title 24 02-05-07.doc Public Hearing Draft Title 24 Building Codes The investigation fee shall be equal and additional to the permit fee that would have been required had a permit been issued and is owed whether or not a permit is subsequently issued. Payment of the investigation fee does not vest illegal work or establish any right to a permit. H. Delete the text of section 108.6 Refunds in its entirety and replace with the following: The Building Official may authorize the refunding of fees as follows: 1. The full amount of any fee paid hereunder that was erroneously paid or collected. 2. Up to 80% of the permit fee paid when no work has been done under a permit issued in accordance with this chapter. 3. Up to 80% of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The Building Official shall not authorize refunding of any fee paid except on written request filed by the original permittee not later than 180 days after the date of fee payment. ®® 2. 2006 International Residential Code •. 41 P a. Amend section R105 Permits as follows: i. Delete text of section 105.5 Expiration in its entirety and replace with the following: R105.5 Expiration of permits. All permits shall expire by limitation and be declared void if: 1. Work is not started within 180 days of obtaining a permit or; 2. Work is abandoned for 180 days or more after beginning work or; Two years from the date of permit issuance. R105.5.1 Completion of work. If a permit expires subject to this section, and the work authorized under the expired permit is not complete, a new permit may be obtained for 1/2the permit fee. The ®®®®.° permit fee shall be based on the value of the remainder of the work not completed under the original permit or the actual cost to the jurisdiction ®®®®®® to complete the permit process, whichever is greater. ®®®®®®• R105.5.2 Compliance actions. If a permit issued to resolve a code ®®®®®®• violation expires subject to this section, the property owner may be subject to the immediate imposition of remedies authorized by the Spokane Valley Uniform Development Code. ii. Add subsection R105.8 Permit ownership to read as follows: The ownership of a permit issued pursuant to this title inures to the property owner. The permit applicant if not the property owner shall be held to be an agent of, and acting on behalf of, the property owner. b. Amend section R108 Fees as follows: i. Delete the text in section R108.4 Work commencing before permit issuance in its entirety and replace with the following: Page 3 of 16 P:Community Development\Development Regulations\3 Public Hearing Drafts\New Folder\Public Hearing Draft Title 24 02-05-07.doc Public Hearing Draft Title 24 Building Codes Any person who commences any work on a building structure, electrical, gas, mechanical or plumbing system before obtaining necessary permits shall be subject to an investigation fee in accordance with the schedule established by the governing authority for such work. The investigation fee shall be equal and additional to the permit fee that would have been required had a permit been issued and is owed whether or not a permit is subsequently issued. Payment of the investigation fee does not vest illegal work or establish any right to a permit. ii. Delete the text in section R108.6 Refunds in its entirety and replace with the following: The Building Official may authorize the refunding of fees as follows: 1. The full amount of any fee paid hereunder that was erroneously paid or collected. 2. Up to 80% of the permit fee paid when no work has been done under a permit issued in accordance with this chapter. 3. Up to 80%of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. ®®®® The Building Official shall not authorize refunding of any fee paid except on written request filed by the original permittee not later than 180 days after the date of fee payment. C. Replace Table R301.2(1) CLIMACTIC AND GEOGRAPHIC DESIGN CRITERIA with the following: Wind Seismic SUBJECT TO DAMAGE FROM Winter Ice Barrier Air Mean Ground Snow Flood Speed Design Design Underlayment Hazards Freezing Annual Load' (Gust) Category Weathering Frost line Termites Decay Tempe Required Index Temp' depth None 2006 39 lbs/ft2 mph C Severe 24" ModerateSlightto 10°F Yes 1992 1232 47.2°F slight FIRM *Minimum roof snow load:30 lbs/ft2 d. Add a subsection to section R310 Emergency escape and rescue openings as follow: R310.6 Replacement of emergency escape and rescue openings except for replacement of glazing only in such windows shall be of the size required by this section. e. Amend section R324 Flood-resistant construction as follows: i. Modify R324.1 General to add municipal code reference and read as follows: All development in whole or in part within a designated floodplain shall comply with SVMC 21.30 and be designed and constructed in accordance with the provisions contained in this section. ii. Add a sentence to sub-section R324.1.3 - Establishing the design flood elevation such that the section reads as follows: The design flood elevation is equal to base flood elevation plus one foot. The design flood elevation shall be used to define areas prone to flooding, and shall describe, at a minimum, the base flood elevation at the depth of peak elevation of flooding (including wave height) which has a 1 percent (100-year flood) or greater chance of being equaled or exceeded in any given year. Page 4 of 16 P:ACommunity Development\Development Regulations\3 Public Hearing Drafts\New Folder\Public Hearing Draft Title 24 02-05-07.doc Public Hearing Draft Title 24 Building Codes iii. Delete item 1. in sub-section R324.2.1 Elevation requirements and replace with a new Item 1. to read as follows: 1. Buildings and structures shall have the lowest floors elevated to or above base flood elevation plus one foot. iv. Delete item 3. in sub-section R324.2.1 Elevation requirements and replace with a new Item 3. to read as follows: 3. Basement floors that are below grade on all sides shall be elevated to or above base flood elevation plus one foot. v. Add a second paragraph to R324.3.6 Construction documents to read as follows: The documents shall include a verification of foundation elevation prior to footing inspection approval and a verification of lowest floor elevation to be base flood elevation plus one foot prior to framing inspection approval. 3. 2006 International Mechanical Code and 2006 International Fuel Gas Code a. Amend section 106.5 Fees as follows: i. Delete the text of 106.5.1 Work commencing before permit issuance in its entirety and replace with the following: Any person who commences any work on a building structure, electrical, gas, mechanical or plumbing system before obtaining necessary permits shall be subject to an investigation fee in accordance with the schedule established by the governing authority for such work. The investigation fee shall be equal and additional to the permit fee that would have been required had a permit been issued and is owed whether or not a permit is subsequently issued. Payment of the investigation fee does not vest illegal work or establish any right to a permit. * ii. In section 106.5.2 Fee Schedule insert the following the language where ®®®®® indicated: ®®®®®• Spokane Valley Master Fee Schedule ®®®®®® iii. Delete the text of 106.5.3 Fee Refunds in its entirety and replace with the ®®®� following: ®®®® ®®®®® The Building Official may authorize the refunding of fees as follows: 1. The full amount of any fee paid hereunder that was erroneously paid or collected. 2. Up to 80% of the permit fee paid when no work has been done under a permit issued in accordance with this chapter. 3. Up to 80% of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The Building Official shall not authorize refunding of any fee paid except on written request filed by the original permittee not later than 180 days after the date of fee payment. Page 5 of 16 P:Community Development\Development Regulations\3 Public Hearing Drafts\New Folder\Public Hearing Draft Title 24 02-05-07.doc Public Hearing Draft Title 24 Building Codes b. Amend Appendix C to add an exception after the last paragraph in C105.1 Hydrant spacing as follows: Exception: The fire chief is authorized to reduce the number of required hydrants by up to 50% when the building is equipped with an approved, automatic fire sprinkler system and the fire chief has approved the location of those required fire hydrants." c. Amend Appendix D Section D101.1 to read as follows: D101.1 Scope. Fire apparatus access roads shall be in accordance with this appendix and all other applicable requirements of the International Fire Code including the provisions of Section 503 Fire Apparatus Access Roads. 4. 2006 Uniform Plumbing Code a. Amend section 103.4.5 Fee Refunds as follows: i. Delete the text of section 104.5.1 in its entirety and replace with the following: The Building Official may authorize the refunding of the full amount of any fee paid hereunder that was erroneously paid or collected. H. Delete the text of section 104.5.2 in its entirety and replace with the following: .... .. . The Building Official may authorize the refunding of up to 80% of the permit fee paid when no work has been done under a permit issued in accordance with this chapter. Hi. Delete the text of section 104.5.3 in its entirety and replace with the following: The Building Official may authorize the refunding of up to 80% of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The Building Official shall not authorize refunding of any fee paid except on written request filed by the original permittee not later than 180 days after ®®®®®®®®®®®- - the date of fee payment. 5. 2006 International Plumbing Code a. Amend section 106.5 Fees as follows: Ni. the text of 106.5.1 Work commencing before permit issuance in its entirety and replace with the following: Any person who commences any work on a building structure, electrical, gas, mechanical or plumbing system before obtaining necessary permits shall be subject to an investigation fee in accordance with the schedule established by the governing authority for such work. The investigation fee shall be equal and additional to the permit fee that would have been required had a permit been issued and is owed whether or not a permit is subsequently issued. Payment of the investigation fee does not vest illegal work or establish any right to a permit. ii. In section 106.5.2 Fee Schedule insert the following the language where indicated: Spokane Valley Master Fee Schedule Page 6 of 16 P:ACommunity Development\Development Regulations\3 Public Hearing Drafts\New Folder\Public Hearing Draft Title 24 02-05-07.doc Public Hearing Draft Title 24 Building Codes iii. Delete the text of 106.5.3 Fee Refunds in its entirety and replace with the following: The Building Official may authorize the refunding of fees as follows: 1. The full amount of any fee paid hereunder that was erroneously paid or collected. 2. Up to 80% of the permit fee paid when no work has been done under a permit issued in accordance with this chapter. 3. Up to 80% of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The Building Official shall not authorize refunding of any fee paid except on written request filed by the original permittee not later than 180 days after the date of fee payment. 6. 2006 International Existing Building Code-Reserved 7. 2006 International Property Maintenance Code a. Amend section 202 General Definitions by adding the following definitions: i. Drug properties and structures. Any building, structure and/or associated property, identified by the Chief of Police, wherein or upon which the manufacture, distribution, production or storage of illegal drugs or the precursors to create illegal drugs has taken place in a manner which could endanger the public. ii. Blighted property. A property, dwelling, building, or structure which constitutes blight on the surrounding neighborhood. "Blight on the surrounding neighborhood" is any property, dwelling, building, or structure that meets any two of the following factors: 1. A dwelling, building, or structure exists on the property that has not been • lawfully occupied for a period of one year or more; 2. The property, dwelling, building, or structure constitutes a threat to the public health, safety, or welfare as determined by the executive authority of the City or designee; ®®®®® 3. The property, dwelling, building, or structure is or has been associated with illegal drug activity during the previous twelve months. b. Amend section 202 General Definitions by deleting the following definitions: i. Garbage ii. Housekeeping unit di. Inoperable Motor Vehicle c. Amend section 108 Unsafe structures and equipment as follows: i. Add a new sub-section 108.6 Drug properties and structures. to read as follows: Drug properties and/or structures are declared to be unsafe properties or structures and are a classification of property subject to the special procedures set forth in section 108.6. The Building Official is authorized to abate such Page 7 of 16 P:Community Development\Development Regulations\3 Public Hearing Drafts\New Folder\Public Hearing Draft Title 24 02-05-07.doc Public Hearing Draft Title 24 Building Codes unsafe buildings, structures, and/or associated properties in accordance with the procedures set forth in this code and Washington statute, RCW 64.44.010, with the following additional actions: 1. Due to public safety hazard in drug production facilities, all public and private utilities shall be disconnected. 2. Building(s) and structures shall be inspected to determine compliance with all City ordinances and codes. 3. Building(s) and any entry gates to the property shall be secured against entry in the manner set forth in this code; 4. Reconnection of utilities or occupancy of the building(s), structures or property shall not be allowed until all violations have been addressed, all dangerous conditions abated and a notice of release for re-occupancy has been received from the health department and sheriff's office. 5. If dangerous conditions cannot be abated, occupancy shall be prohibited and the structure and/or property may be subject to condemnation pursuant to RCW 35.80A.010, Condemnation of blighted property. ii. Add a new sub-section 108.7 Blighted properties. to read as follows: In conformance with RCW 35.80A.010, the City may acquire by condemnation, in accordance with the notice requirements and other procedures for condemnation provided in Title 8 RCW, any property, dwelling, building, or structure which constitutes a blight on the surrounding neighborhood. Prior to such condemnation, the City Council shall adopt a resolution declaring that the acquisition of the real property described therein is necessary to eliminate neighborhood blight. Condemnation of property, dwellings, buildings, and structures for the purposes described in this chapter is declared to be for a public use. d. Replace the code reference, International Plumbing Code, in section 505.1 General with the following: the State adoption of the Uniform Plumbing Code. dre. Delete the text of section 602.2 Residential occupancies and replace with the ®®® � following: Dwellings shall be provided with heating facilities capable of maintaining a room ®®®®® temperature of 68° F (20° C) in all habitable rooms, bathrooms, and toilet rooms. ®®®®® Cooking appliances shall not be used to provide space heating to meet the requirements of this section. f. Delete the text of section 602.3 Heat supply and replace with the following: Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to supply heat to occupants thereof shall provide heat to maintain a temperature of 68° F(20° C) in all habitable rooms, bathrooms, and toilet rooms. g. Replace paragraph one of section 602.4 Occupiable work spaces with the following: Indoor occupiable work spaces shall be supplied with heat to maintain a temperature of 65° F(18° C) during the period the spaces are occupied. f. Replace the code reference, ICC Electrical Code, in section 604.2 Service with the following: the State adoption of the NEC. Page 8 of 16 P:Community Development\Development Regulations\3 Public Hearing Drafts\New Folder\Public Hearing Draft Title 24 02-05-07.doc Public Hearing Draft Title 24 Building Codes 24.50 Excavation, Fill and Gradinci 24.50.010 Purpose This chapter safeguards the public health, safety and welfare by regulating grading and excavation, including fills and embankments, on public and private property located within the City and establishes procedures for the issuance of permits; approval of plans and inspection of grading construction. 24.50.020 Permit Required Except as specified in SVMC 24.50.030, all excavation, fill, grading and leveling of land requires a Spokane Valley Grading Permit. All grading within the City shall comply with the Washington State Environmental Policy Act. 24.50.030 Exempted Work A Grading Permit shall not be required for the following: 1. Grading in an isolated, self-contained area if there is no danger to private or public property, provided however, that any grading in any critical area, floodplain or floodway shall not be exempt from a Grading Permit. 2. Work located within a dedicated public right-of-way. 3. Landscape ponds or water features that do not exceed 500 sq feet water surface area or three feet in depth and are fully lined with an approved synthetic pond liner. 4. Excavation below finished grade for basements and footings of a building, retaining wall or other structure less than four feet in depth or authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than 5 feet (1524 mm) after the completion of such structure. 5. Cemetery graves. 6. Refuse disposal sites controlled by other regulations. 7. Excavations for wells, tunnels or utilities. This includes any grading required for equipment staging, not including roads, facilitating the excavation. This also includes excavation work done to facilitate the Septic Tank Elimination Program. 8. Mining, quarrying, excavating, processing or stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property. 9. Exploratory excavations under the direction of a professional engineer or professional geologists. 10. An excavation that a.is less than two (2) feet in depth or; b.does not create a cut slope greater than five (5) feet in height and steeper than one (1) unit vertical and one and one half(1 1/2) units horizontal (66.7% slope). 11. A fill less than one (1) foot in depth and placed on natural terrain with a slope flatter than 1 unit vertical in 5 units horizontal (20% slope). 12. Fill less than 3 feet in depth that a.Is not intended to support structures; b.Does not exceed 50 cubic yards on any one lot; or Page 9 of 16 P:ACommunity Development\Development Regulations\3 Public Hearing Drafts\New Folder\Public Hearing Draft Title 24 02-05-07.doc Public Hearing Draft Title 24 Building Codes c.Does not obstruct a drainage course. This exemption includes landscape berms if no slope is created greater than 1 unit vertical in 1 1/2 units horizontal (66.7% slope); is not more than five feet (5') in height; creates no danger to private or public property, and is otherwise permitted. Exemption from the permit requirements of this chapter shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this chapter or any other laws or ordinances of this jurisdiction, the state of Washington or the United States of America. 24.50.040 Testing The standards listed below are, for the purpose of this Code, recognized standards: 1. ASTM D 1557, Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort 2. ASTM D 1556, Test Method for Density and Unit Weight of Soil In Place by the Sand-Cone Method 3. ASTM D 2167, Method for Density and Unit Weight of Soil In Place by the Rubber Balloon Method 4. ASTM D 2937, Test Method for Density of Soil In Place by the Drive-Cylinder Method 5. ASTM D 2922, Test Methods for Density of Soil and Soil-Aggregate In Place by Nuclear Methods (Shallow Depth) 6. ASTM D 3017, Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth) 7. ASTM D 698, Moisture-density Relations of Soils and Soil Aggregate Mixtures. 8. ASTM D 2488, Practice for Description and Identification of Soils (Visual-Manual Procedure). 9. ASTM D 2487, Test Method for Classification of Soils for Engineering Purposes (Unified Soil Classification System) 24.50.050 Hazards 1. Whenever any existing excavation, embankment or fill on public or private property has become a hazard to persons or property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner, owner's agent or other person in control of the property, shall repair or eliminate the excavation or embankment, within the period of time specified on the written notice. 2. Unless exempt, any excavation, grading or fill performed without a permit, shall be considered hazardous and a public nuisance, subject to all enforcement actions and penalties as found in SVMC 17.60. 2450.060 Permit Requirements 1. Grading Permit Requirements: a. A separate permit shall be obtained for each site, and may cover both excavations and fills. b. Grading commenced without first obtaining a grading permit from the City, unless pursuant to SVMC 24.50.030 is subject to all penalties described in SVMC 17.60, including the assessment of an investigative fee for the portion of the work accomplished without a permit pursuant to International Building Code section 108.4 Work commencing before permit issuance based on the value of the work accomplished illegally. The fee is payable prior to the acceptance of a grading Page 10 of 16 P:Community Development\Development Regulations\3 Public Hearing Drafts\New Folder\Public Hearing Draft Title 24 02-05-07.doc Public Hearing Draft Title 24 Building Codes permit application. Payment of the investigative fee does not vest the illegal work with any legitimacy, nor does it establish any right to any permit for continued development of the project. Excavation or fill work that remains illegal for 90 days after service of a stop work order shall be deemed hazardous. c. The provisions of Section 106.1.1 Information on Construction Documents apply to application for a Grading Permit Applicant shall note the estimated quantities of materials involved on the Spokane Valley Grading Permit Application. d. Grading involving less than 500 cubic yards shall be designated "regular grading" unless the permittee elects "engineered grading," or the submitted plans are prepared by a Washington-licensed design professional, or the Building Official determines that special conditions or unusual hazards exist, in which case grading shall conform to the requirements for engineered grading. . 2. Engineered Grading Grading, fill or excavation in excess of 500 cubic yards or located in critical areas or floodplains, require construction plans/specifications prepared by a professional engineer licensed to practice in the state of Washington, and shall be designated as "engineered grading." a. Application for a grading permit shall be made on a form prepared by the City and accompanied by two sets of plans and specifications, and supporting data. b. Supporting data includes but is not limited to soils engineering report and/or an engineering geology report, prepared, signed and sealed by Washington-licensed professionals. That individual shall be considered the registered design professional in responsible charge c. Plans shall be drawn to scale sufficient to illustrate the nature and extent of the proposed work, signed and sealed by the design professional and shall include the following: i. Vicinity map of the proposed site. Property limits and accurate contours of existing ground and details of terrain and area drainage. iii. Limiting dimensions, elevations or finish contours to be achieved by the grading, and proposed drainage channels and related construction. iv. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of, the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any drains. ®®® v. Designated 100-year floodplains. ®®®®® vi. Recommendations included in the soils engineering report and the ® engineering geology report shall be incorporated in the grading plans or specifications. When approved by the Building Official, specific recommendations contained in the soils engineering reports and the engineering geology reports, which are applicable to grading, may be included by reference. vii. Location of any buildings or structures on the property where the work is proposed and the location of any buildings or structures on land of adjacent owners that are within 15 feet of the property or that may be affected by the proposed grading operations. viii. A SEPA checklist shall be submitted, along with all other plans to complete an application. Page 11 of 16 P:ACommunity Development\Development Regulations\3 Public Hearing Drafts\New Folder\Public Hearing Draft Title 24 02-05-07.doc Public Hearing Draft Title 24 Building Codes ix. The dates of the soils engineering and engineering geology reports together with the names, addresses and phone number of the firms or individuals who prepared the reports and their professional stamp and/or seal. 3. Residential subdivision grading plans shall also include the following: Grading associated with residential subdivision development shall be engineered grading. Plans for residential subdivision grading shall contain the following details in addition to the general information required under SVMC 24.50.060(2) a.Details of subdivision construction to mitigate the effects of storm water and irrigation run off for all lots and areas of the subdivision. Specific site construction requirements to mitigate collection of water in crawlspaces and basements shall be provided. b.Final location of all grading construction spoils. If spoils are placed on building lots, the surface overburden, i.e. topsoil and any underlying soils not conforming to the project requirements of the lots shall be removed prior to the placement of any other fill. If lots are comprised of fill materials more than two feet in depth, the compacted fill materials below two feet in depth from finished grade shall have a minimum allowable bearing capacity of 1500 pounds per square foot. In addition, if the foundation is placed on fill materials, a foundation analysis and design, prepared by a licensed Washington engineer, shall be required to be submitted with any subsequent Spokane Valley Building Permit Application. c.Maximum and minimum elevations for all basement and crawl space floors. Maximum and minimum elevations for the top of foundation walls. Maximum elevation for lot/ property boundary lines to provide positive drainage from building sites. d.Requirements for swales or drainage devices to manage storm water and landscape irrigation runoff. 4. All ponds, water features and man-made lakes greater than 500 sq. ft. in surface area shall be engineered grading. Plans and specifications for ponds, water features and man-made lakes greater than 500 sq. ft. in surface area shall contain the following details in addition to the information required under SVMC 24.50.060(1&2): a.Plot plan showing the location of all proposed pond construction relative to any lot line, utility easement, septic system or replacement area for septic systems. b.Details of pond construction including section views, soil materials, lining material, special inspection/observation program and spoils disposal. Provide proposed final water surface elevation. c. Details of any water retention device or dam along with provisions for overflow. d.Written approval of a water source required to maintain the pond demonstrated by water rights, well permit or other documentation provided by state of Washington Department of Ecology (DOE). Indicate classification and status with respect to DOE dam safety regulations (Chapter 173-175) if exempt; justification of exempt status is required. e.Proof of notification of the proposed construction submitted to the U.S. Army Corp of Engineers. f. If fish are proposed to be stocked in the pond, proof of Washington Fish and Game approval is required. 6. Private Driveways in excess of 150 feet in length measured from the intersection of the public way to the building the driveway serves shall be considered engineered grading regardless of the amount of excavation or fill required for construction. Specifications for Page 12 of 16 P:ACommunity Development\Development Regulations\3 Public Hearing Drafts\New Folder\Public Hearing Draft Title 24 02-05-07.doc Public Hearing Draft Title 24 Building Codes these private driveways shall contain the following details in addition to the information required under SVMC 24.50.060(1&2): a.Dimensions. Unobstructed width of 20 feet and an unobstructed height of 13 ft 6 inches. b.Surface. The surface of a private driveway shall be designed and maintained to support a 75,000 pound fire truck. The road shall be surfaced so as to provide all- weather driving capabilities. c. Turn radii. Turn radii of 28.5 feet minimum are required. Smaller radii may be used if a design is submitted that will allow a 75,000 pound fire truck to drive over the curb or road shoulder. d.Turnaround. For private driveways over 150 feet in length, a 120 foot hammerhead, 60 foot"Y" or a 96 foot diameter cul-de-sac is required. e.Grade. Private driveways equal to or exceeding a 10% slope are required to have those areas of the driveway that equal or exceed a 10% slope paved with a hard, non slip, water repellant surface, such as asphalt or Portland cement concrete. 7. The soils engineering report shall include data regarding the nature, distribution and strength of existing soils. Conclusions and recommendations for grading procedures and design criteria for corrective measures, including buttress fills, when necessary, and an opinion on adequacy for the intended use of sites to be developed by the proposed grading as affected by soils engineering factors, including the stability of slopes shall be included. 8. The engineering geology report shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinion on the adequacy for the intended use of sites to be developed by the proposed grading, as affected by geologic factors. 9. Regular Grading Requirements. Each application for a grading permit shall be accompanied by a plan in sufficient clarity to indicate the nature and extent of the work. The plans shall give the location of the work, the name of the owner and the name of the person who prepared the plan. The plan shall include the following information: a.General vicinity of the proposed site. b.Limiting dimensions and depth of cut and/or fill. Total volume of cut or fill. c. Location of any buildings or structures where work is to be performed and the location of any buildings or structures within 15 feet of the proposed grading. 24.50.070 Excavation and Fill 1. All excavation or fill within Pipeline Hazard areas identified in SVMC19.130.040 shall meet the standards and notification requirements of that section. 2. Unless otherwise recommended in the approved soils engineering or engineering geology report, the slope of cut surfaces shall be no steeper than is safe for the intended use and shall be no steeper than 1 unit vertical in 2 units horizontal (50% slope). Cut slopes steeper than 50% shall require an Engineered Grading Permit. 3. Fill slopes shall not be constructed on natural slopes steeper than 1 unit vertical in 2 units horizontal (50% slope). The ground surface shall be prepared to receive fill by removing vegetation, non-complying fill, topsoil and other unsuitable materials and scarifying to provide a bond with the new fill. Where slopes are steeper than 1 unit vertical in 5 units horizontal (20% slope) and the height is greater than 5 feet, an Engineered Grading shall be required. 4. Detrimental amounts of organic material shall not be permitted in fill. Except as permitted by the building official, no rock or similar irreducible material with a maximum dimension greater than 12 inches shall be buried or placed in fill. Page 13 of 16 P:ACommunity Development\Development Regulations\3 Public Hearing Drafts\New Folder\Public Hearing Draft Title 24 02-05-07.doc Public Hearing Draft Title 24 Building Codes 5. Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan. Rock sizes greater than 12 inches in maximum dimension shall be 10 feet or more below grade, measured vertically. Rocks shall be placed so as to assure filling of all voids with well-graded soil. 6. All fills shall be compacted to a minimum of 90 percent of maximum density. 24.50.080 Setbacks 1. The top of cut slopes shall not be made nearer to a site boundary line than one fifth of the vertical height of cut with a minimum of 2 feet. 2. The toe of fill slope shall be made not nearer to the site boundary line than one half the height of the slope with a minimum of 2 feet with no required set back from the boundary greater than 20 feet. Where a fill slope is to be located near the site boundary and the adjacent off-site property is developed, special precautions shall be incorporated in the work as the building official deems necessary to protect the adjoining property from damage as a result of such grading. These precautions include but are not limited to: a.Additional setbacks. b.Provision for retaining or slough walls. .. c. Mechanical or chemical treatment of the fill slope surface to minimize erosion. d.Provisions for the control of surface waters. e.Consultation with a professional engineer. 3. The building official may approve alternate setbacks. The building official may require an investigation and recommendation by a qualified professional engineer or professional geologist to demonstrate that the intent of this section has been satisfied. 24.50.090. Drainage and erracing 1. Unless otherwise indicated on the approved soils engineering report, drainage facilities and terracing shall conform to the provisions of this section for cut or fill slopes steeper than 1 unit vertical in 3 units horizontal (36.3% slope). 2. Terraces at least 8 feet in width shall be established at not more than 30-foot vertical intervals on all cut or fill slopes to control surface drainage and debris. Where only one terrace is required, it shall be at mid-height. Cut or fill slopes greater than 60 feet in height shall be designed by a professional engineer and shall be considered Engineered Grading. 3. Swales or ditches on terraces shall have a minimum gradient of 5 percent and must be paved with reinforced concrete or gunite not less than 3 inches in thickness or an approved equal paving. They shall have a minimum depth at the deepest point of 1 foot and a minimum paved width of 5 feet. A single run of swale or ditch shall not collect runoff from a tributary area exceeding 13,500 square feet(projected)without discharging into a down drain. 4. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability. 5. Paved interceptor drains shall be installed along the top of all cut slopes where the tributary drainage area above slopes toward the cut and has a drainage path greater than 40 feet measured horizontally. Interceptor drains shall be paved with a minimum of 3 inches of reinforced concrete or gunite, or an approved equivalent. Drains shall have a minimum depth of 12 inches and a minimum paved width of 30 inches measured horizontally across the drain. The slope of drain shall be approved by the building official. 6. All drainage facilities shall be designed to carry 100 year event waters to the nearest practicable drainage way or other discharge point approved by the building official. Erosion Page 14 of 16 P:ACommunity Development\Development Regulations\3 Public Hearing Drafts\New Folder\Public Hearing Draft Title 24 02-05-07.doc Public Hearing Draft Title 24 Building Codes of ground in the area of discharge shall be controlled by installation of down drains or other devices. 7. Surface drainage shall be diverted to a storm sewer conveyance or other approved point of collection so as to not create a hazard. Lots shall be graded so as to drain surface water away from foundation walls. The grade away from foundation walls shall fall a minimum of 6 inches within the first 10 feet. 8. Exception: Where lot lines, walls, slopes or other physical barriers prohibit 6 inches of fall within 10 feet, drains or swales shall be provided to ensure drainage away from the structure. 24.50.100 Erosion Control 1. The faces of cut and fill slopes shall be prepared and maintained to control erosion. The protection for the slopes shall be installed as soon as practicable and prior to calling for final approval. An Erosion Control Plan shall be submitted for approval in conjunction with 2. Where necessary, check dams, cribbing, riprap or other devices or methods shall be employed to control erosion and provide safety. 3. Seeding and planting of erosion control vegetation may be delayed until the next planting season, provided that a bond or surety is executed in favor of the City to assure performance. 4. The City may require professional inspection and testing by a soil engineer. When the building official has cause to believe that geologic factors may be involved, the grading will be required to conform to Engineered Grading requirements. 24.50.110 Fees 1. Fees, including Plan Review shall be assessed in accordance with the Spokane Valley Master Fee Schedule. 2. When a plan or other data is required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. 3. For excavation and fill on the same site, the fee will be based on the volume of excavation or fill, whichever is greater. 4. Separate permits and fees shall apply to retaining walls or major drainage structures as otherwise required. There shall be no separate charge for standard terrace drains and similar facilities. 24.50.120 Inspections and Final Report 1. Professional observation and testing to determine conformance with project plans and specifications of grading operations shall be provided by professional engineer and/or the professional geologist retained to provide such services. That individual shall be the registered design professional in responsible charge. 2. The professional geologist shall provide professional observation and testing to determine conformance with project plans and specifications within such engineer's area of technical specialty, which shall include professional observation and testing of the bedrock excavation to determine if conditions encountered are in conformance with the approved report. Revised recommendations relating to conditions differing from the approved engineering geology report shall be submitted to the soils engineer. 3. The professional engineer shall provide professional observation and testing to determine conformance with project plans and specifications within such engineer's area of competence, which shall include observation and review during preparation of the natural ground, site grading, placement of fill, testing for compaction as well as establishment of line, grade and surface drainage of the development area. If actual work will differ from the approved plans and reports and revised plans are required during the course of the work, Page 15 of 16 P:ACommunity Development\Development Regulations\3 Public Hearing Drafts\New Folder\Public Hearing Draft Title 24 02-05-07.doc Public Hearing Draft Title 24 Building Codes they shall be prepared under the direct supervision of the professional engineer and submitted to the building department for review and approval prior to any revised work commencing. 4. The permittee shall be responsible for work to be performed in accordance with the approved plans and specifications and in conformance with the provision of this article, and the permittee shall engage consultants, if required, to provide professional inspections on a timely basis. The Permittee shall act as a coordinator between the consultants, the contractor and the building department. 5. Revised plans, if any, shall be submitted for approval prior to any changes. 6. The Building Official or their designee shall inspect the project and/or the inspection documents at the various states of work requiring approval to determine that the project is within the requirements of this article. 7. Permittee shall request a final inspection upon completion of the project, following installation of all approved drainage facilities and erosion-control measures. 8. If, in the course of fulfilling their respective duties under this article, the design professional in responsible charge finds that the work is not in conformance with this article or the approved grading plans, the discrepancies shall be reported immediately in writing to the permittee and to the Building Official. 9. If the registered design professional in responsible charge is changed during the execution of the Spokane Valley grading permit, the work shall be stopped until the replacement has been named and been approved by the Building Official. Further, that replacement shall agree in writing to accept their responsibility within the area of technical competence. It shall be the duty of the permittee to notify the Building Official in writing of such change prior to the recommencement of such grading. 10. Upon completion of the rough grading work and at the final completion of the work, the design professional in responsible charge for engineered grading or when professional observation and testing to determine conformance with project plans and specifications is performed for regular grading, as applicable, shall submit record plans and final report. Those plans and reports shall indicate: a. All grading work was done in conformance with the approved plans. 4b. All discrepancies encountered with the approved plans and resolutions of those discrepancies. c. All plans and reports shall bear the stamp or seal of the licensed professional preparing the report. 11. The permittee shall notify the Building Official when the grading operations read for final inspection. Final approval shall not be given until all the work, including installation of all drainage facilities and their protective devices, and all erosion-control measures have been completed in accordance with the final approved grading plan, and the required final reports have been submitted to the City. 24.50.130 Enforcement Work done in violation of any of the provisions of this chapter is declared to be a public nuisance and subject to enforcement pursuant to SVMC 17.60. Page 16 of 16 P:ACommunity Development\Development Regulations\3 Public Hearing Drafts\New Folder\Public Hearing Draft Title 24 02-05-07.doc Public Hearing Draft Title 19- Zoning Title 19 ZONING REGULATIONS 19.10 Authority Title 19 is established pursuant to Section 11 Article XI of the Constitution of the State of Washington, RCW 35.63.080, and RCW 35A.63. 19.10.010 Applicability. This section shall govern the occupation, use erection, alteration, removal, demolition or conversion of any and all buildings, structures, and land located within the corporate limits of the City of Spokane Valley (herein referred to as the "City"). 19.20 Establishment of Zoning Districts. ®®®®®® 19.20.010 The City has established the following zoning districts: R-1 -Single-family Residential Estate District ®®®®: g Y ®®®®� R-2 -Single-family Residential Suburban District R-3 -Single-family Residential Urban District MF-1 - Multi-family Medium Density Residential District MF-2 - Multi-family High Density Residential District MUC - Mixed Use Center District CMU -Corridor Mixed Use District ®®®�_ ®®®®• ®®®6 '9�®®®®gym •®®®®� CC - Cit Center District GO -Garden Office Distil 0 -Office District NC - Neighborhood Commercial District C -Community Commercial District RC - Regional Commercial District I-1 - Light Industrial District 1-2 - Heavy Industrial District CF - Community Facilities District 19.20.020. Zoning District Map. The boundaries of the zoning districts established herein are delineated upon the official zoning map of the City adopted as part of this Code as if contained herein. The official zoning map shall be filed in the office of the City Clerk. It shall be the duty of the Community Development Director (Director) to update and maintain the official zoning map by entering any changes that the City Council (Council) may approve. 19.20.030 Zoning District Boundary Considerations In determining the boundaries of any zoning district the following rules shall apply: 1. Boundaries indicated as approximately the centerline of streets, highways, or alleys shall be construed to follow such centerlines. 2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. Page 1 of 27 P:\Community Development\Development Regulations\3 Public Hearing Drafts\Public Hearing Draft Title 19-Updated 2-05- 07.doc Public Hearing Draft Title 19- Zoning 3. Whenever any street, alley or other public way is vacated by official action of the City Council, the zoning district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all regulations of the extended districts. 4. Where the streets or alleys on the ground differ from the streets or alleys as shown on the Zoning Map, the streets or alleys on the ground shall control. 5. Boundaries indicated as approximately following city limits shall be construed as following city limits. 6. Boundaries indicated as following railroad lines shall be construed to be midway between the right-of-way lines. 7. Boundaries indicated as following the centerline of all creeks, streams or drainage ways shall be construed to follow such centerline. 8. Distances not specifically indicated on the Official zoning map shall be determined by the scale of the map. 9. The zoning classification applied to a tract of land adjacent to the street shall extend to the centerline of the street, unless as a condition of zoning approval, it is stated that the zoning classification shall not apply to the street. Where physical features on the ground are at variance with information shown on the official zoning district map or when there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the application of the above subsections, the property shall be considered in the same manner as provided for newly annexed territory. 19.20.040 Newly Annexed Territory. Upon annexation of property, in the absence of a pre-established zoning designation therefore, the City Council shall, within the annexation ordinance, establish an interim classification for the property on the city's official zoning map. The interim zone shall be consistent with the annexation area's comprehensive plan designation. If an interim zoning district is established, it shall be in place no longer than twelve (12) months unless otherwise provide by ordinance. For all property classified in the interim zone, the Department shall commence all steps necessary to establish an official zoning classification pursuant to the procedure described in SVMC 17.40.140. 19.20.050 New and Unlisted Uses. New types of land use and forms of land use not anticipated by this Title may seek to locate in the City. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows: 1. The Director shall have the discretion to interpret the appropriate zone classification of any new or unlisted form of land use if the new or unlisted form of land use resembles an identified permitted or conditional use in terms of intensity or character and is consistent with the purpose of the Code and one or more of the identified zoning classifications. 2. The director may solicit the opinion of the Planning Commission (Commission) if the use cannot be administratively interpreted. The referral shall be accompanied by a Statement of Facts listing the nature of the use and whether it involves inhabitation, sales, processing, type of product, storage, and amount or nature thereof, enclosed or open storage, anticipated employment, transportation requirements, traffic generation, the amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer. 3. The Commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determines the zoning district or districts where such use should be permitted. Proposed changes in Page 2 of 27 P:\Community Development\Development Regulations\3 Public Hearing Drafts\Public Hearing Draft Title 19-Updated 2-05- 07.doc Public Hearing Draft Title 19- Zoning the Schedule of Permitted Uses for any new or unlisted uses shall be transmitted to the City Council (Council) following notice and hearing. 4. The Council shall by ordinance approve, modify, or deny the recommendation of the Commission. 19.20.060 Non-Conforming Uses. 1. Intent of Provisions a. Within the districts established by this Code or amendments thereto, there exist lots, permanent structures, uses of land and structures, and characteristics of use which were lawful before the adoption of this Code, but which do not now conform to the regulations of the district in which they are located. It is the intent of this Code to permit such non-conforming uses to continue, as long as the conditions within this section and other applicable sections are met. b. It is further the intent of this Code that non-conforming uses shall not be enlarged upon, expanded or extended, and not be used as a basis for adding other structures or uses prohibited elsewhere in the same district. c. Non-conforming uses are hereby declared to be incompatible with the permitted uses in the affected districts. 2. Non-conforming Status. a. Any use, platted lot or structure which does not conform with the regulations of the zoning district in which it is located shall be deemed a non-conforming use or permanent structure when it was in existence and lawfully operating prior to the adoption of this Code and which has since been in regular and continuous use; or b. The use, platted lot or permanent structure was in existence and lawfully constructed, located, and operating at the time of any amendment to this Code, but by such amendment is placed in a district wherein it is not otherwise permitted and has since been in regular and continuous use; or c. The use, platted lot or permanent structure was in existence at the time of annexation into the City and has since been in regular and continuous use. 3. Continuing Lawful Use of Property a. The lawful use of land or lawful existence of permanent structures at the time of passage of this Code, although such do not conform to the provisions hereof, may be continued; but if said non-conforming use or structure is discontinued or abandoned, any future use of the premises shall be in conformity with the provisions of this Code. b. Discontinuance of a non-conforming use shall commence on the actual act or date of discontinuance. Abandonment of a non-conforming structure shall commence on the act or date of abandonment. c. Except as otherwise provided, when a non-conforming use or structure does not meet the development standards of this Code, and is discontinued or abandoned for a period of twelve (12) consecutive months, such use shall not be resumed, and proof of such event shall constitute prima fascia evidence of an act of abandonment. Any non-conforming use which does not involve a permanent structure and which is moved from the premises shall be considered to have been abandoned. d. No non-conforming use may be abandoned, reoccupied with another non- conforming use or increased as of the effective date of this Code. Page 3 of 27 P:\Community Development\Development Regulations\3 Public Hearing Drafts\Public Hearing Draft Title 19-Updated 2-05- 07.doc Public Hearing Draft Title 19- Zoning e. Single family or two family dwellings constructed on platted lots which may be nonconforming due to stricter standards, shall be deemed in conformance with this Code, as long as the use of the lot is allowed in the respective district. Only the lot size, lot depth, setbacks and width shall be allowed to be less than the regulations prescribed in the zoning district in which it is located. All other regulations of this Code shall be met or the lot shall be considered non- conforming. f. Any existing vacant lot platted prior to the adoption of this Code which was legally conforming shall be deemed a conforming lot. g. Uses which, prior to the effective date of this Code do not provide the required number of off-street parking spaces, shall not be considered as nonconforming permanent structures. 4. Changing Non-Conforming Uses a. Any non-conforming use may be changed to a conforming use, and once such a change is made, the use shall not be changed back to a non-conforming use. b. Where a conforming use is located in a non-conforming structure, the use may be changed to another conforming use as provided in subsection 5 below. c. A non-conforming use may not be changed to another non-conforming use. 5. Expansion of a Non-Conforming Use or Permanent Structure. An expansion of a non-conforming use or permanent structure is allowed in accordance with the following: a. A non-conforming use located within a building may be extended throughout the existing building if: i. No structural alteration may be made except those required to preserve the structure. ' ii. The number of dwelling units or rooms in a non-conforming residential structure shall not be increased so as to exceed the number of dwelling units or rooms existing at the time the use became non-conforming. b. No non-conforming use within a building may be extended to occupy any land outside the building. c. No non-conforming use of land or building shall be enlarged, increased, or ®®®®®® extended i. To occupy a greater area of land than was occupied at the time the land ®®® s became nonconforming, except to provide off-street loading or parking. d. The minimum residential lot areas for the various zoning districts shall be in accordance with their respective districts, except that a lot having less area than herein required which was an official "Lot of Record" prior to the adoption of this Code may be used for a single family dwelling. e. Buildings or permanent structures which do not conform to the area regulations or development standards in this Code but where the uses are deemed conforming may increase the gross floor area by up to ten percent with the approval of the Director. f. Restoration of Non-Conforming Structure. If a structure occupied by a nonconforming use is destroyed by fire, or elements, it may be rebuilt within one year but the size or function of the nonconforming use cannot be expanded, nor create any additional violation of this Code. 6. Completion of Permanent Structures. Nothing herein shall require any change in the plans, construction, or designated use of a building or structure for which a building Page 4 of 27 P:\Community Development\Development Regulations\3 Public Hearing Drafts\Public Hearing Draft Title 19-Updated 2-05- 07.doc Public Hearing Draft Title 19- Zoning permit has been issued or a site plan approved by the City or Spokane County prior to incorporation of the City before the effective date of this Code, nor shall any building or structure for which a substantially complete application for a building permit was accepted by the Building Official on or before the effective date of these regulations, provided that the building permit shall comply with all applicable regulations on the date that the application was filed and the building permit is issued within one-hundred and eighty (180) days of the effective date of these regulations. Section 19.30 Chancres & Amendments. 19.30.010 Comprehensive Plan Text & 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 sub-area plans, amendments to the Shoreline Master program, the amendment of the Capital Facilities Chapter concurrent with the adoption or amendment of the City budget, in the event of an emergency or to resolve an appeal of the Comprehensive Plan filed with the Growth Management Hearing Board. Comprehensive Plan text and map amendments are classified as Type IV development applications shall be processed pursuant to SVMC Chapter 17.40. 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 Chapter 17.40. 19.30.030 Site Specific Zoning Map Amendments ‘< 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 17.40. 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 17.40. 19.40 District Purpose & Supplemental Use Requlations Residential Zones 19.40.010 R-1 -Single Family Residential Estate District. Low density residential development intended to preserve the character of existing development and to allow for a limited number of horses and other large animals, and subject to the dimensional standards of Section 22.40 19.40.020 R-2 -Single Family Residential Suburban District. Low density residential development intended to preserve the character of existing development subject to the dimensional standards of Section 22.40 Supplemental Permitted Use Regulations 1. R-2 allows any use permitted in R-1 subject to the requirements of 19.40.060 Residential Accessory Use regulations. Page 5 of 27 P:\Community Development\Development Regulations\3 Public Hearing Drafts\Public Hearing Draft Title 19-Updated 2-05- 07.doc Public Hearing Draft Title 19- Zoning 19.40.030 R-3 -Single Family Residential Urban District Low density residential development intended to preserve the character of existing development subject to the dimensional standards of Section 22.40 Supplemental Permitted Use Regulations 1. R-3 - allows any use permitted in R-2 subject to the requirements of 19.40.060, Residential Accessory Use regulations. 19.40.040 MF-1 - Medium Density Multifamily Residential District The Medium Density Residential (MF-1) designation represents an opportunity to provide a range of housing types to accommodate anticipated residential growth. The increase in population, decline in average family size, and increased cost of single-family homes have created increased demand for new housing types. Multi-family residential zones with densities not to exceed 12 units per acre should be used as transitional zoning between higher intensity land uses such as commercial and office to lower density single family neighborhoods. Additionally, Medium Density Residential areas should be located near services and high capacity transit facilities or transit routes. Supplemental Permitted Use Regulations 1. MF-1 allows any use permitted in "R-3" subject to the requirements of 19.40.060, Residential Accessory Use regulations. 19.40.050 MF-2 - High Density Multifamily Residential District The High Density Residential (MF-2) designation represents an opportunity to provide a range of housing types to accommodate anticipated residential growth with densities not to exceed 22 units per acre. Multi-family residential zones should be used as transitional zoning between higher intensity land uses such as commercial and office to medium and lower density single family neighborhoods. High Density Residential areas should be located near services and high capacity transit facilities or transit routes. Supplemental Permitted Use Regulations 1. MF-2 allows any use permitted in "MF-1" subject to the requirements of 19.40.060, Residential Accessory Use regulations. 19.40.060 Residential Accessory Uses & Structures 1. Except for the air conditioning compressors of detached single-family residential, cooling towers and similar accessory structures are required to observe all front, side or rear yards. 2. The vertical wall of an in-ground swimming pool shall be located behind front building setback lines and at least five feet from the property line. All pools must be completely enclosed by a fence or wall no less than six (6) feet in height with self-latching and self- closing gates. The latching device shall be located on the pool side a minimum of 4'/2 feet from the ground. Automatic electric gates may be used, provided closing action is initiated within sixty (60) seconds after pass-through of a vehicle or persons. Temporary fencing is required during excavation. 19.40.070 Dwellings, Accessory Apartments An accessory apartment dwelling is permitted in all residential zoning districts subject to the following: 1. All accessory apartment dwelling units require: a. One paved off-street parking space shall be required for the dwelling unit, in addition to the off-street parking required for the main residence. Page 6 of 27 P:\Community Development\Development Regulations\3 Public Hearing Drafts\Public Hearing Draft Title 19-Updated 2-05- 07.doc Public Hearing Draft Title 19- Zoning b. The accessory apartment dwelling unit shall be a complete, separate housekeeping unit. c. The entrance to the accessory apartment dwelling unit shall be located on the side or in the rear of the structure or in such a manner as to be unobtrusive in appearance when viewed from the front the street. d. The accessory apartment dwelling unit shall not have more than 2 bedrooms. 2. Detached accessory apartment dwelling: a. Shall be located behind the front building setback line and placed on a permanent foundation. b. All side and rear yards shall be preserved. c. Shall not be allowed on lots containing a duplex, multi-family dwelling or accessory apartment contained within the principal structure. d. Shall have a pitched roof with a minimum slope of 1:3. e. The height of the ridge of the pitched roof shall not exceed 24 feet. 19.40.080 Other Accessory Structures 1. The combined building footprint of all accessory permanent structures in residential zoning districts, including a detached accessory apartment dwelling shall not exceed 10% of the lot area. 2. Tower, Private (Ham Operator) provided: a. A building permit for the private tower is obtained from the City, reviewed and approved by the Community Development Department—Planning Division; b. The applicant shall furnish a site plan showing the height and location of the private tower; c. The applicant shall furnish a copy of the tower manufacturer's construction and erection specifications; d. The private tower shall be erected in accordance with the manufacturer's specifications; ®®®® e. The applicant shall show the impact area (that area in all directions equal to the ®®®®®® tower's height above grade) completely on his/her property. Up to one-half(1/2) ®®®®®s of the tower's impact area in distance may be administratively approved if off of ®®®®� the applicant's property pursuant to the Administrative Exception process ®®®® contained in SVMC 19.140; or, the applicant has secured the appropriate ®® easements for all property within the tower's impact area if not entirely within his/her ownership. Such easements shall be recorded with the Spokane County Auditor with a statement that only the City of Spokane Valley Community Development Department can remove the recordation; f. That generally a residence has to be on the same site as the private tower, except for a private repeater facility or remote base operations; and g. That the height limitation of the zone is not exceeded without approval of a variance or administrative exception as respectively pertains. 3. Tower(does not include Wireless Communications Support Tower) provided: a. A conditional use permit pursuant to SVMC 19.150 is approved; b. The tower base shall be enclosed by a fence not less that six (6) feet in height with a locking gate; Page 7 of 27 P:\Community Development\Development Regulations\3 Public Hearing Drafts\Public Hearing Draft Title 19-Updated 2-05- 07.doc Public Hearing Draft Title 19- Zoning c. The tower shall have a locking trap door or the climbing apparatus shall stop twelve (12) feet above the ground; d. The tower collapse or blade impact area shall lie completely within the applicant's property or within an adjacent property for which the applicant has secured and recorded an easement(s) for all property in the tower's impact area. e. Before issuance of a conditional use permit, the applicant shall have demonstrated all the applicable requirements of the Federal Communications Commission, Federal Aviation Administration and any required avigation easements can be satisfied. 19.40.090 Manufactured Housing 1. Pursuant to the requirements of RCW 35.21, the city does not discriminate against consumers' choices in the placement or use of a home that is not equally applicable to all homes. 2. Homes built to 42 U.S.C. 7 Sec. 5401-5403 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: a. be a "new" manufactured home; and b. 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 c. comply with all local design standards, including the requirement for a pitched roof with a slope of not less than 4:12, applicable to all other homes within the neighborhood in which the manufactured home is to be located; and d. be thermally equivalent to the state energy code; and e. otherwise meet all other requirements for a designated manufactured home as defined in RCW 35.63.160. 3. 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 .4 Title 46 RCW, 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: a. Is comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long; and b. Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of nominal 4:12 pitch; and c. Has exterior siding similar in appearance to siding materials commonly used on conventional site-built International Building Code single-family residences. 19.40.100 Manufactured Home Parks 1. Manufactured home parks shall require approval of a binding site plan, which includes a detailed site development plan in compliance with the development standards of this code. Page 8 of 27 P:\Community Development\Development Regulations\3 Public Hearing Drafts\Public Hearing Draft Title 19-Updated 2-05- 07.doc Public Hearing Draft Title 19- Zoning 2. The site development plan will be reviewed and approved for compliance with ordinances and standards by the Spokane County Utilities Department, Spokane County Regional Health District and other appropriate agencies. 3. Manufactured housing parks shall not exceed seven units per acre with a minimum of 3,600 square feet per space. 4. The maximum building coverage for each manufactured home space shall be 50%, provided that open patio covers, awnings, and/or carports shall not be considered buildings when calculating coverage. 5. Each manufactured home space shall be a minimum of 45 feet in width with direct frontage on a public or private road. 6. The minimum setbacks for manufactured homes at park perimeter are as follows. a. Twenty-five feet from all public rights-of-way. b. Side Yard - 10 feet from park perimeter at the overall site lot side line. c. Rear Yard - 10 feet from park perimeter at the overall site lot rear line. Three feet for any accessory structure such as patio covers, awnings and/or carport. 7. Minimum setbacks for individual in-park spaces: a. Front and flanking yards - four feet. b. Side and rear yard - five feet. c. Accessory structures such as patio covers, awnings, and/or carport. -three feet. 19.40.110 Home Occupations Home occupations are permitted as accessory uses, incidental to the property's principal use as a residence subject to the following requirements: 1. Property shall retain a residential appearance and character; 2. All storage shall be enclosed within the residence or accessory structure. 3. Only members of the family residing on the premises shall be engaged in the home occupation; 4. One unlighted sign placed flush against the exterior wall of the principal structure not exceeding four square feet in area is permitted; 5. There shall be no window display nor shall sample commodities with the exception of flowers and produce grown on the premises be displayed outside the building(s); 6. The hours of operation of a home occupation is limited to seven a.m. to ten p.m. 7. The home occupation use shall not create electronic interference, including but not limited to; interference with radio, satellite reception, telephone or television reception, nor generate measurable levels at the property line of noise, dust, smoke, odor or glare. The home occupation activity shall not generate solid waste in volume or type which is not normally associated with residential use unless specifically permitted. 8. Loading docks and mechanical loading devices are not permitted. 9. No traffic or parking of vehicles shall be generated by a home occupation in greater volumes than normally expected in a residential neighborhood and any need for parking must be accommodated within the required off street parking for the dwelling unit. 19.40.120 Animal raising & Keeping Where permitted, the keeping of poultry and livestock (excluding swine) is subject to the following conditions: Page 9 of 27 P:\Community Development\Development Regulations\3 Public Hearing Drafts\Public Hearing Draft Title 19-Updated 2-05- 07.doc Public Hearing Draft Title 19- Zoning 1. The lot or tract must exceed 40,000 square feet in area; and 2. Any building or structure housing poultry or livestock, including but not limited to any stable, paddock, yard, runway, pen, or enclosure, or any manure pile shall be located not less than seventy-five feet from any habitation; and 3. No building or structure housing poultry or livestock, including but not limited to, any stable, paddock, yard, runway, pen, or enclosure, or any manure pile shall be located within the front yard nor be closer than ten feet from any side property line; 4. Large animals (livestock): a. Not more than three horses, mules, donkeys, bovines or llama shall be permitted per gross acre, or b. Not more than six sheep or goats shall be permitted per gross acre; or c. Any equivalent combination of i. and ii. above; and 5. Small animals/fowl: A maximum of one animal or fowl, including duck, turkey, goose or similar domesticated fowl, or rabbit, mink, nutria, chinchilla or similar animal , may be raised or kept per 3,000 square feet of gross lot area. In addition, a shed, coop, hutch or similar containment structure must be constructed prior to the acquisition of any small animal/fowl. 6. Structures, pens, yards, enclosures, pastures and grazing areas shall be kept in a clean and sanitary condition. 19.50 Planned Residential Developments. 19.50.010 Purpose. It is the purpose of this Chapter to: 1. Encourage imaginative design and the creation of permanent open space by permitting greater flexibility in zoning requirements than is generally permitted by other sections of the UDC; 2. Preserve or create environmental amenities superior to those generally found in conventional developments; 3. Create or preserve usable open space for the enjoyment of the residents; 4. Preserve to the greatest extent possible, the natural characteristics of the land including, but not limited to topography, natural vegetation, waterways, and views; 5. Encourage development of a variety of housing types; and 6. Provide for maximum efficiency in the layout of streets, utility networks and other public improvements and infrastructure. 19.50.020 Where Permitted. Planned residential developments (PRDs) are permitted in all residential zoning districts in the City. 19.50.030 Permitted Uses. The following uses are permitted in a PRD provided that they meet the standards and criteria established in this Chapter: 1. Those uses permitted as a matter of right in the underlying zoning district; 2. Residential developments of all types as defined by this chapter; and Page 10 of 27 P:\Community Development\Development Regulations\3 Public Hearing Drafts\Public Hearing Draft Title 19-Updated 2-05- 07.doc Public Hearing Draft Title 19- Zoning 3. As a secondary use, uses permitted in the Neighborhood Commercial zoning district may be permitted in a PRD of ten (10) acres or larger. 19.50.040 Relationship of This Section to Other UDC Provisions. 1. Zoning requirements. The provisions of this Chapter pertaining to land use of the underlying zoning district shall govern the use of land in a PRD. The specific setback, lot size, height limits and other dimensional requirements are waived and the regulations for PRDs shall be those indicated in Section 19.50.050. 2. Platting requirements. A PRD shall be exempt from the specific design requirements of SVMC Title 20, except that when any parcel of land in a PRD is intended for individual ownership, sale or public dedication, the subdivision and procedural requirements of SVMC Title 20 and applicable state laws pertaining to subdivision and conveyance of land and the preparation of maps shall be followed. 3. Public hearing required. A PRD shall require a public hearing before the hearing examiner consistent with the provisions of SVMC Chapter 17.40. 19.50.050 Development Standards. The following standards shall govern the administration of this Chapter: 1. Relationship of PRD site to adjacent areas. The design of a PRD shall take into account the relationship of the site to the surrounding areas. The perimeter of the PRD shall be so designed as to minimize undesirable impact of the PRD on adjacent properties and conversely, to minimize undesirable impact of adjacent land use and development characteristics on the PRD. 2. Site acreage minimum. The minimum site shall be five acres. 3. Minimum lot size. The minimum lot size provisions of other sections of the UDC do not apply in a PRD, except that the minimum lot size requirements of the underlying zone shall serve as the criterion to calculate the total number of dwelling units allowed in the proposed PRD based on the gross acreage of the entire development. 4. Density. In a PRD, the hearing examiner may authorize a dwelling unit density not more than twenty percent (20%) greater than that permitted by the underlying zone, rounded to the nearest whole number, provided that the open space amenities described in Section 19.50.060 are met. 5. Maximum coverage. Building coverage and development of the site shall not exceed the percentage permitted by the underlying zone. 6. Landscaping required. All common open space shall be landscaped in accordance with the landscaping plan submitted by the applicant and approved by the hearing examiner. Natural landscape features which are to be preserved, such as existing trees, drainage ways, rock out-crops, etc., may be accepted as part of the landscaping plan. 7. Setback and Side Yard Requirements: a. Setbacks from the exterior boundary line of the PRD area shall be comparable to or compatible with those of the existing development of adjacent properties, or, if adjacent properties are undeveloped, the type of development which may reasonably be expected on such properties given the existing zoning of such properties or the Comprehensive Plan and/or adopted sub-area plans. b. Setbacks or side yards between buildings. The standard setbacks and yard requirements between buildings may be waived in a PRD. Buildings may have common walls and, therefore, built to the property line as in town home construction. Page 11 of 27 P:\Community Development\Development Regulations\3 Public Hearing Drafts\Public Hearing Draft Title 19-Updated 2-05- 07.doc Public Hearing Draft Title 19- Zoning 8. Off-street parking shall be provided in accordance with SVMC 22.60. 9. Secondary use limitations. a. Commercial uses are subject to site plan review procedures and shall be provided for in the application for the development within which the commercial use is to be integrated. b. The gross floor area of the commercial use shall not exceed the product of fifty (50) square feet multiplied by the number of dwelling units within the development. c. Construction of at least thirty-five percent (35%) of the residences in the PRD must be completed before any building permits will be issued for the construction of commercial uses, except this shall not prohibit a sales office. d. Commercial uses within a PRD shall be of a size and type to serve primarily the residents of the development, and shall be internally located to fulfill this function. 19.50.060 Open Space Standards. Each PRD shall dedicate not less then thirty percent (30%) of the gross land area for common open space for the use of its residents. Common open space areas shall meet the following criteria: 1. Location. The area proposed for open space shall be entirely within the PRD and within reasonable walking distance of all dwelling units in the PRD. Where practical, the proposed common open space shall be located adjacent to other established or planned park and recreational areas in adjacent developments, schools, or city parks; provided that such dedication would increase the overall benefit to the residents of the PRD and conform to other criteria in this section. 2. Access. All dwelling units within the PRD must have legal access to the proposed common open space at the time of final PRD approval. Private or access roads, trees or other landscaping may separate the common open space area. However, access should not be blocked by major obstacles such as arterial or collector roadways or significant natural features such as rivers, streams or topographic features. Areas dedicated for active recreational open space shall have reasonable access from street frontages. Design measures should accomplish the purposes of access and security. 3. Types of open space: a. Land dedicated for open space should be usable for either greenbelts that serve as a buffer between land uses, using existing vegetation, or an aesthetic amenity such as boulevard trees; active recreational activities; or for protecting environmentally sensitive areas such as wetlands. b. Except as provided in subsection (3)(c) or (d) below, thirty percent (30%) of the required common open space area shall be suitable for active recreation. The topography, soils, hydrology, and other physical characteristics of the area proposed for active recreation shall be of such quality as to provide a dry, obstacle-free space in a configuration which is suitable for active recreation. c. The percentage of active recreational areas may be increased to as high as fifty percent if it is determined that anticipated recreational needs will require a larger percentage. In increasing this percentage, the following standard should be used: the ratio of one acre to one hundred twenty-five residential units. d. The percentage of active recreational area may be decreased to as low as fifteen percent (15%) if it is determined that: Page 12 of 27 P:\Community Development\Development Regulations\3 Public Hearing Drafts\Public Hearing Draft Title 19-Updated 2-05- 07.doc Public Hearing Draft Title 19- Zoning i. inclusion of buffers or environmentally sensitive lands such as wetlands would better meet the open space needs of the residents of the subdivision; or ii. meeting the standard would require detrimental grading or other disturbance of the natural setting. 4. Land required for open space shall not include: a. accessory buildings, climate controlled improvements, and areas reserved for the exclusive use and benefit of an individual tenant or owner; b. dedicated streets, alleys or public rights-of-way, required landscaped areas, areas required for yard depth or building setback or separation; c. vehicular driveways, private streets, parking areas, loading or storage areas; d. floodplain (100 year), flood prone areas, drainage easements, natural drainage areas or creeks unless maintained as an amenity and specifically approved as being suitable for open space. 5. Implementation. The area proposed for open space shall be dedicated in common to the property owners within the plat or to a homeowner's association. Maintenance and operation of the dedicated open space shall be the responsibility of the property owners or homeowner's association. a. The City may choose to accept dedication, maintenance and operation responsibilities when the common open space area to be dedicated is in the public interest and either one or a combination of the following: i. Greater than ten acres; ii. Adjacent to an established or future City park or school grounds; or iii. Is an access to a body of water greater than three acres in size; or iv. Is an environmentally sensitive area. b. The dedication shall be identified on the PRD plan. 6. Improvements. The following improvements to the area proposed for dedication may be required prior to final approval of the PRD: a. Removal of construction debris and hazards; b. Rough grading and establishment of grass cover over those portions of the site suitable for playfields. 7. Equivalent facilities. When areas proposed for dedication do not meet the criteria for dedication in this Chapter, such land may be improved by grading, filling, landscaping, or with installation of recreation equipment so as to be equivalent in result to the intent of this Chapter. Determination of equivalency shall be made by the Director according to the following guidelines: a. The proposed land and improvements must create recreational opportunities generally equivalent to or greater than the land required for the residents within the PRD. b. The proposed land and improvements must not result in significant disturbance or alteration of an environmentally sensitive area, unless otherwise allowed by the City. c. The proposed land and improvements shall be dedicated in accordance with Section 19.50.060(6). Page 13 of 27 P:\Community Development\Development Regulations\3 Public Hearing Drafts\Public Hearing Draft Title 19-Updated 2-05- 07.doc Public Hearing Draft Title 19- Zoning 8. Stormwater detention facilities. Stormwater detention ponds may be allowed by the City as part of dedicated open space subject to the following criteria: a. The detention pond shall be constructed so as to drain fully when precipitation is not occurring (i.e., no standing water may be left) unless the pond is designed as an aesthetic amenity. b. The side slope of the detention pond shall not exceed thirty-three percent unless slopes are existing, natural and covered with vegetation. c. If detention facilities are located adjacent to or near a natural, year-round stream or wetland, these systems shall be left in natural or near-natural condition. d. The detention area shall be landscaped in a manner which is both aesthetic and able to withstand the inundation expected. e. Use of a dedicated open space area for stormwater detention shall not be acceptable if the detention area must be fenced or otherwise rendered unsuitable or unavailable for recreation use during dry weather. f. In the case of joint use of open space for detention and recreation, the home owners or homeowners' association shall be responsible for maintenance of the detention facilities. 9. Rights and duties. The owners of open space shall have the following rights which may be exercised in respect of such land, subject to restrictive covenants or other restrictions: a. The right to locate recreational facilities, such as tennis courts, swimming pools, picnic tables, and fireplaces accessory to picnic tables designed to be used exclusively for the use of residents of the development and their guests; b. The right to locate pedestrian paths, bicycle paths and bridle paths; c. The right to take whatever measures are reasonably necessary to protect and maintain such land, or land or property adjacent thereto, or to correct a hazardous condition posing a threat to life or limb; d. The right to regulate access to or entry on the open space land and duty to maintain such land. 19.50.070 Administration. 1. Building permits and other permits required for the construction or development of property under the provisions of this section shall be issued only when in the opinion of the Director, the work to be performed meets the requirements of the final plan and program elements of the PRD. 2. Minor and major adjustments. a. Minor adjustments may be made and approved by the Director when a building permit is issued. Minor adjustments are those which may affect the precise dimensions or siting of buildings, but which do not affect the basic character or arrangement of buildings approved in neither the final plan, nor the density of the development or the open space requirements. Such dimensional adjustments shall not vary more than ten percent (10%) from the original. b. Major adjustments are those which, in the opinion of the Director, substantially change the basic design, density, open space or other requirements of the PRD. When, in the opinion of the Director, a change constitutes a major adjustment, no building or other permit shall be issued without prior review and approval by the hearing examiner of such adjustment. 3. Parties bound. Once the preliminary development plan is approved, all persons and parties, their successors, heirs, or assigns, who own, have, or will have by virtue of Page 14 of 27 P:\Community Development\Development Regulations\3 Public Hearing Drafts\Public Hearing Draft Title 19-Updated 2-05- 07.doc Public Hearing Draft Title 19- Zoning purchase, inheritance or assignment, any interest in the real property within the proposed PRD, shall be bound by the conditions attending the approval of the development and the provisions of this Chapter. 19.50.080 Homeowners/Property Owners Association Required. In a PRD a property owners or homeowners association shall be established for the purpose of ownership, maintenance and management of open spaces, common areas and private roads as required by the provisions of the SVMC. 19.60 District Purpose & Supplemental Use Regulations Commercial, Office & Mixed Use Zones - RESERVED 19.70 District Purpose & Supplemental Use Regulations- Industrial Zones RESERVED 19.80 Adult Uses 19.80.010 Purpose. In the development and adoption of this chapter, the City recognized that there are adult entertainment uses which, due to their very nature, have serious objectionable operational characteristics, particularly when located in close proximity to residential neighborhoods and schools, thereby having a deleterious impact upon the quality of life in the surrounding areas. It has been acknowledged by courts and communities across the nation that state and local governmental entities have a special concern in regulating the operation of such businesses under their jurisdiction to ensure the adverse secondary effects of the establishments are minimized. This chapter is intended to protect the general public health, safety and welfare of the citizenry of the City of Spokane Valley through the regulation of the operations and licensing of the adult entertainment devices, premises and personnel of adult entertainment establishments. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any constitutionally protected sexually oriented or explicit communicative materials, or communicative performances. The regulations set forth herein are intended to prevent and control health, safety and welfare issues, the decline in neighborhood conditions in and around adult entertainment establishments, and to prevent dangerous and unlawful conduct associated with these facilities. This chapter may not be construed as permitting or promoting obscene conduct or materials. 19.80.020 License required. Licensing requirements for Adult Uses are contained in SVMC Title 5.10. 19.80.030 Adult Use Development Standards 1. There shall be 5 existing acres of contiguous (includes across streets) zoning classified Community Commercial or Regional Commercial. 2. The use shall be located or maintained at least 1,000 feet from the nearest property line. Distance shall be measured from the nearest property line of the adult retail use establishment or adult entertainment establishment(s) to the nearest property line of the following pre-existing uses: a. Public library. b. Public playground or park. Page 15 of 27 P:\Community Development\Development Regulations\3 Public Hearing Drafts\Public Hearing Draft Title 19-Updated 2-05- 07.doc Public Hearing Draft Title 19- Zoning c. Public or private school and its grounds of kindergarten to 12th grade. d. Nursery school, mini-day care center or day care center. e. Church, convent, monastery, synagogue or other place of religious worship. f. Another adult use subject to the provisions of this section. 3. An adult retail use establishment or adult entertainment establishment(s) shall not be located within 1,000 feet of an urban growth area boundary or within 1,000 feet of any of the following zones: a. R-1 -Single-family Residential Estate District b. R-2 -Single-family Residential Suburban District c. R-3 -Single-family Residential Urban District d. MF-1 - Multi-family Medium Density Residential District e. MF-2 - Multi-family High Density Residential District f. MUC - Mixed Use Center District g. CMU -Corridor Mixed Use District ,®®® h. CC -City Center District i. NC - Neighborhood Commercial Distr I!I! ® 19.100 Essential Public Facilities (EPFs) ®moi®® ®®® 19.100.010 Facilities of Regional/Statewide Significance p. Spokane Valley is signatory to an inter-local agreement relating to the siting of Essential Public Facilities of statewide and regional significance in accordance with RCW 36.70A.200. 1. EPFs having statewide significance are major facilities that provide a needed public service affecting, or potentially affecting, residents and/or property located in two (2) or more Washington State counties and may be included on the Washington State Office of Financial Management list of EPFs. These facilities include, but are not limited to: regional transportation facilities, such as commercial and military airports, freeways, highways and beltways; state correctional facilities; secure community transition facilities; state social services; state parks; and state higher-educational facilities. 2. EPFs having regional/countywide significance are local or interlocal facilities providing a needed public service affecting, or potentially affecting, residents and/or property located in two or more Spokane County jurisdictions. They include, but are not limited to: general aviation airports; county correctional facilities; regional transportation system; public transit maintenance and operational facilities; regional solid waste disposal/recycling/composting/handling facilities; community colleges; regional wastewater treatment facilities; arenas, stadiums and other entertainment facilities; and regional social and health services such as inpatient hospitals, mental health facilities, substance abuse treatment centers, and group homes (including adult family homes, boarding and retirement homes, and nursing homes). SVMC 19.120 Permitted and Accessory Uses identifies those facilities subject to the Regional/Statewide Siting Process. 3. Application for EPF siting shall be made through the Spokane County Department of Planning & Building in accordance with the adopted procedures of Spokane County. Page 16 of 27 P:\Community Development\Development Regulations\3 Public Hearing Drafts\Public Hearing Draft Title 19-Updated 2-05- 07.doc Public Hearing Draft Title 19- Zoning 4. Following final site selection by the Board of County Commissioners, the applicant will work directly with the local jurisdiction and its regulatory requirements to permit the construction and operation of the facility under the plans and regulations that were in effect at the time of initial application under the Regional Siting Process. Applicant is not required to perform further alternative site analysis at the local level. Spokane Valley will, to the extent possible process a conditional use permit relying on the findings from the Regional Siting Process 19.100.020 Local Siting Procedures EPFs having local significance are facilities providing a needed public service affecting or potentially affecting only residents and/or property within the jurisdiction in which they are located. Spokane Valley includes such facilities in the Comprehensive Plan as "Community Facilities", including but not limited to fire stations, police stations, child care facilities, public libraries, community parks, recreation facilities, community centers, local social services, and elementary, middle and high schools. 19.100.030 Historic Preservation - RESERVED 19.110 Special Overlay Zones 19.110.010 Medical Office Overlay Zone - RESERVED 19.110.020 Auto Row Overlay - RESERVED 19.110.030 Airport Hazard Overlay 1. Purpose and Intent - The purpose and intent of the Airport Hazard Overlay Zone is to reduce the potential for airport hazards, because: a. Airport hazards endanger the lives and property of users of landing fields and persons in the vicinity of Felts Field; and b. Airspace obstructions and incompatible land uses impair the utility of an airport and diminish the value of the public investment therein; and c. Preventing the creation or establishment of incompatible land uses and airport hazards protects the public health, safety, and general welfare, and promotes the most appropriate use PLAN of land. 2. Applicability - The Airport Hazard Overlay Zone applies to areas surrounding Felts Field, as established herein. Provisions of this " ";• chapter shall apply to sk all lands, buildings, structures, natural sEcTiON A-A -` features and uses ' .. located within the 4 } Airport Hazard Overlay (AO) Zone district as depicted on the maps, except that the provisions of this chapter shall not apply to any use that is defined as an aviation use. All uses and activities are at all times subject to the underlying zoning district. Where the requirements and restrictions imposed by the Airport Hazard Overlay Zone conflict with the requirements of the underlying zone district, the more restrictive requirement shall be applied. Page 17 of 27 P:\Community Development\Development Regulations\3 Public Hearing Drafts\Public Hearing Draft Title 19-Updated 2-05- 07.doc Public Hearing Draft Title 19- Zoning 3. Air Hazard Height Restrictions - Except as otherwise provided herein, no building or structure shall be erected, altered, or maintained so as to project or otherwise penetrate the FAR Part 77 airspace surfaces shown on the Airport Hazard Map attached hereto and made a part hereof for all purposes. Such applicable height limitations are hereby established for each of the zones as follows: a. Primary Surface — A surface longitudinally centered on a runway. The primary surface extends 200 feet beyond each end of the runway and is 1,000 feet wide. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. b. Precision Instrument Runway Approach Zone - Slopes fifty (50) feet outward for each foot upward beginning at the end of and at the same elevation as the A ' i a SURFACE SLOPE HEY ij CIVIL AIRPORT .; PLAN primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline; thence slopes upward forty (40) feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway centerline. -=:. c. Transitional Zones - Slope seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation which is 1,952 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the ,approach surface, and extending to where they' intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at 90 degree angles to the extended runway centerline. d. Horizontal Zone - Established at 150 feet above the airport elevation or at a height of feet above mean sea level. e. Conical Zone -Slopes twenty (20) feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation. 4. Height Exceptions - Structures shall not be constructed, altered, maintained, in the regulated air space area except as follows: a. Any structure or object that would be shielded by existing structures of a permanent and substantial character or by natural terrain or topographic features of equal or greater height. b. Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device, of a type approved by the Federal Aviation Administration with a fixed location and height. Page 18 of 27 P:\Community Development\Development Regulations\3 Public Hearing Drafts\Public Hearing Draft Title 19-Updated 2-05- 07.doc Public Hearing Draft Title 19- Zoning c. Structures necessary and incidental to airport operations. 5. Airport Land Use Restrictions - The six airport land use compatibility zones established by the WSDOT Division of Aviation in guidelines are based on federal aviation accident data from the National Transportation Safety Board (NTSB) are shown on the Airport Land Use Compatibility Zone Map attached hereto and made a part hereof for all purposes. a. Prohibited uses in all Airport Land Use Compatibility Zones: i. Any use that creates or causes interference with the operations of radio or electronic facilities at the airport or with radio or electronic communications between airport and aircraft. H. Any use or lighting that impairs a pilot's ability to distinguish between airport lights and other lights, or that creates glare affecting pilot vision; or otherwise impairs visibility in the vicinity of the airport. All lighting shall be "cut-down" and fully shielded. c. Any use that endangers the landing, taking off, or maneuvering of aircraft; or Hi. Any use which attracts birds in any manner affecting airport operations such as garbage, recycling and stormwater detention. iv. Special function land uses for which the significant common element is the relative inability of the people occupying the space to move out of harm's way such as K-12 schools, hospitals, nursing homes, and other similar uses. v. High intensity land uses which are characterized by a potential to attract dense concentrations of persons to an indoor or outdoor area, even for a limited period of time. Such uses include: 1. amusement parks, fairgrounds ®®®® 2. box retail 3. convention/exhibit halls, major auditoriums, theaters 4. stadiums and arenas ®®®�� 5. temporary events attracting dense concentrations of people — fairs, circuses, carnivals, revival meetings, sports tournaments, ®®®®' conventions, but not including events for which exposure to ®®®®® aviation safety hazard is a well-know expectation (air shows, airport open houses, pilot meetings, etc.) b. Land uses in Airport Land Use Compatibility Zones are further regulated as follows: Prohibited Uses Airport Land Use Compatibility Zones 1 2 3 4 5 6 Single-family Residential • • • 1 du/ 1 du/ 5 2.5 1 du/2.5 Maximum Density ** n/a n/a acres acre n/a acre Manufactured Housing Parks • • • • • • Multi-family Residential • • • • • • Schools • • • • • • Parks & Playgrounds • • • • • • Hospitals • • • • • • Nursing Homes • • • • • • Daycare • • • • • • Page 19 of 27 P:\Community Development\Development Regulations\3 Public Hearing Drafts\Public Hearing Draft Title 19-Updated 2-05- 07.doc Public Hearing Draft Title 19- Zoning Prohibited Uses Airport Land Use Compatibility Zones 1 2 3 4 5 6 Churches • • • • • • Hazardous Material Storage • • • • • Flammable Materials • • • • • Storage Incinerators • • • • • • Overhead utilities • • • • • • High Intensity Uses • • • • • • Prohibited Uses ** Density limited A, . c. Avigation easements/title notice/covenant shall be required as a condition of the issuance of any permit for construction, reconstruction or expansion of any structure located within any Airport Land Use Compatibility Zone. ‘. 1,00ci 4 7----- ri 171 ..c,c,.., 2 ir. , I y + ` t4 2 6r r1 SYS + I 500' 8 00 F 75a' Source:California Airport Land Use Planning Handbook California Department of Transportation Division of • Aeronautics,recommended by Washington Department of Transportation,Aviation Division. d. Substantial noise impacts (over 65 Ldn) at Felts Field are confined to airport property. In the event of changed conditions authenticated by the Spokane Airport Board, the following uses will be prohibited within areas where noise levels exceed 65 Ldn. i. School ii. Church iii. Hospital iv. Manufactured home Park v. Child day-care center vi. Nursing Home vii. Parks & Playgrounds e. Nothing in this chapter shall diminish the responsibility of project proponents to submit a Notice of Construction or Alteration to the Federal Aviation Administration if required in accordance with Federal Aviation Regulations Part 77, "Objects Affecting Navigable Airspace". 6. Non-Conforming Uses a. Regulations Not Retroactive - 'The regulations prescribed herein shall not be construed to require the change of use, nor the removal or alteration of any Page 20 of 27 P:\Community Development\Development Regulations\3 Public Hearing Drafts\Public Hearing Draft Title 19-Updated 2-05- 07.doc Public Hearing Draft Title 19- Zoning structure or tree not conforming to the regulations as of the effective date of this ordinance, provided however that the owner of any existing non-conforming structure or tree is required to permit the installation, operation, and maintenance of such markers and lights as shall be deemed necessary by the Director of Airport Operations. b. Nonconforming Uses Abandoned or Destroyed - Whenever the Director of Community Development determines that a legal non-conforming tree or structure has been abandoned , destroyed or damaged .by more than more than 80% percent, no permit shall be issued granted that would allow such use, structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations. 7. Permits &Variances a. No building permit shall be issued for any prohibited use, or for any structure or obstruction which exceeds the air hazard height restrictions adopted herein. b. An application for a permit for the construction of a building, structure, use, subdivision, short subdivision, binding site plan or other development located within the Airport Hazard Overlay Zone shall submit a site plan which includes the elevation of the site above mean sea level, and the height of any proposed structure. c. Additional notice: any building permit or land use action including plats, short plats, subdivisions and binding site plans within the airport hazard overlay zone shall contain the following notice: "Notice is herein provided that this property is located within the Airport Hazard Overlay Zone of the City of Spokane Valley, Washington, and is subject to restriction on height and use pursuant to SVMC 19.420.030 Airport Hazard Overlay Zone as it may be amended from time to time." d. Variances - Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use of property, not in accordance with the regulations prescribed herein may apply to the Spokane Valley Community Development Department for a variance, provided however that the application ®®®® shall be accompanied by a determination from the Federal Aviation ®®®®®® Administration as to the effect of the proposal on the operation of air navigation ®®®®®® facilities and the safe, efficient use of navigable airspace. A copy of the ®®®®®s application shall be furnished to the Director of Airport Operations for review and ®®®® comment. Final determination on the variance shall be made by the Hearing ® Examiner following notice and hearing. 19.110.040 Pipeline Hazard Overlay 1. The regulation of development, including construction, excavation or fill, or installation of roads and utilities is intended to ensure the safety health, safety and welfare of citizens and the protection of private property. 2. Pipeline hazard areas shall extend five hundred feet (500') from the centerline of any existing or future pipeline, whether or not such pipeline is located within a recorded easement or is included in a "blanket" or"open" easement. 3. The construction, excavation, fill or installation of underground utilities or drainage facilities within the area of pipeline hazard shall require consultation with the pipeline operator prior to the issuance of any permit. If applicable, the pipeline operator shall identify the location and depth of cover required to protect the pipeline. Page 21 of 27 P:\Community Development\Development Regulations\3 Public Hearing Drafts\Public Hearing Draft Title 19-Updated 2-05- 07.doc Public Hearing Draft Title 19- Zoning 4. No permanent or temporary accessory structures, retaining walls, patios, swimming pools, on-site waste disposal systems shall be permitted within twenty-five feet (25') of any pipeline. 5. No permanent or temporary structures designed for human habitation or occupancy shall be located within fifty feet (50') of any pipeline. 6. Utility poles, guy wires or anchors shall not be placed within ten feet (10') of the pipeline. 7. For new construction, the City may require the lowering or relocation of the pipeline as a condition of the issuance of any permit. 19.120. Permitted and Accessory Uses — ®®®' See Appendix 19 A for the Schedule of Permitted Uses ®®®®®® 19.130 Site Plan Review 19.130.010 Site Plan Review. Site plan review is intended to ensure efficient and safe land development, compatible use of land, compliance with appropriate design standards, safe and efficient vehicular and pedestrian circulation, parking and loading, and adequate water supply, drainage, and other utilities. 19.130.020 Applicability. No building permit shall be issued for the following unless a site plan is first approved by the department: 1. Any commercial development; 2. Any industrial development; 3. Any multi-family development that includes 3 or more units. 19.130.030 Criteria. Prior to approving any building permit, the department must find that the proposal: 1. Conforms with all applicable provisions of the SVMC and all other applicable law; 2. Conforms in all aspects to the provisions of any special conditions required by the department, hearing examiner or City Council; and 3. Is consistent with applicable sections of the City's comprehensive plan. 19.130.040 Site Plan Requirements. The site plan must be drawn to an acceptable scale as required by the department and shall include all necessary information as specified by the department. 19.130.050 Process. Site plan approval is classified as a Type I development application and shall be processed in accordance with SVMC Chapter 17.40. Page 22 of 27 P:\Community Development\Development Regulations\3 Public Hearing Drafts\Public Hearing Draft Title 19-Updated 2-05- 07.doc Public Hearing Draft Title 19- Zoning 19.140 Administrative Exceptions 19.140.010 Purpose. An Administrative Exception may be considered only for adjustments necessary to correct errors resulting from the inadvertent and unintentional placement of structures or incorrect identification of lot boundaries in the following circumstances: 1. Any dimensional requirement which does not exceed one (1) foot. 2. Under the following conditions: a. A parcel established prior to March 31, 2003 that does not meet the buildable square footage requirements for a parcel in a particular zoning district; or b. A legally non-conforming dwelling with respect to setbacks, height and size which otherwise could not be expanded or reconstructed; or c. A duplex constructed prior to March 31, 2003 that does not meet the minimum parcel size, which could not otherwise be reconstructed. 3. Yard setback requirements where the deviation is for ten percent (10%) or less of the required yard. 4. Building height requirements where the deviation is for twenty-five-percent (25%) or less of the maximum building height. Additional building height may be granted to the equivalent height of adjacent buildings in areas where the maximum building height is generally exceeded. 5. Minimum lot area requirements where the deviation is for twenty-five percent (25%) or less of the required lot area. 6. Maximum building coverage requirements where the deviation is for twenty-five percent (25%) or less of the maximum building coverage. 7. Lot width under the following circumstances: a. Lot width requirements where the deviation is for ten percent (10%) or less than the required lot frontage. b. Lot width requirements where the deviation is greater than ten percent (10%) provided that the Department may require notice to affected agencies resulting in conditions of approval. 8. Up to one-half(1/2) of a private tower's "impact area" off of the applicant's property. 9. Flanking Street Yard setbacks, provided that: a. At the time the subject parcel was legally created the property was zoned under a zoning classification of the pre-January 1, 1991 Spokane County Zoning Ordinance, and subsequently on January 1, 1991 a new zoning classification from the Zoning Code of Spokane County, Washington was assigned to the subject property; and b. Exceed the required Flanking Street setback standards of the pre-January 1, 1991 Zoning classification of the subject property. 10. Any improved property rendered non-conforming through voluntary dedication of right-of- way, the exercise of eminent domain proceedings or purchase of right-of-way by the City, the County or State or Federal agency. Page 23 of 27 P:\Community Development\Development Regulations\3 Public Hearing Drafts\Public Hearing Draft Title 19-Updated 2-05- 07.doc Public Hearing Draft Title 19- Zoning 19.140.020 Approval Criteria. Criteria for approval or denial of applications shall be established by the Director if it is shown that: 1. The administrative exception does not detract from the character and nature of the vicinity in which it is proposed; 2. The administrative exception enhances or protects the character of the neighborhood or vicinity by protecting natural features, historic sites, open space, or other resources; 3. The administrative exception does not interfere with or negatively impact the operations of existing land uses and all legally permitted uses within the zoning district it occupies; 4. Granting the administrative exception does not constitute a threat to the public health, safety and welfare within the city. Air 19.140.030 Process. Alr An administrative exception is classified as a Type I permit and shallbe processed pursuant to SVMC 17.40. 19.150 Conditional Use Permits ®®®®®® 19.150.010 Purpose and Intent. The conditional use permit (CUP) procedure is to establish criteria for determining the conditions under which a use(s) is permitted within a zoning district. Certain uses because of their size, infrequent occurrence, special requirements, possible safety hazards or detrimental effects on surrounding properties and other similar reasons are classified as conditional uses. A conditional use is subject to specific review during which additional conditions may be imposed to assure compatibility of the use with other uses in the vicinity. A request for a CUP may be denied where it cannot be clearly demonstrated that the requested use will be compatible with other permitted uses in the vicinity of the proposed conditional use. 19.150.020 Permit Classification. CUPs are classified as Type III permit applications and shall be processed pursuant to SVMC Chapter 17.40. 19.150.030 Conditions and Requirements. The following conditions and requirements shall pertain to requested CUPs: 1. In approving a CUP, the hearing examiner may stipulate restrictions and conditions including but not limited to the following: a. Control of use; b. Provision for front, side, or rear yard setbacks greater than the minimum standards of the zoning district within which the subject property is located; c. Special landscaping, screening, fencing, signing, off-street parking, public transit, and/or high occupancy vehicle facilities or any other general development standards; d. Requiring street dedications and/or roadway and drainage improvements necessary as a result of the proposed use; e. Control of points of vehicular ingress and egress; f. Control of noise, vibration, odor, glare, and other environmental considerations; g. Control of operating hours; Page 24 of 27 P:\Community Development\Development Regulations\3 Public Hearing Drafts\Public Hearing Draft Title 19-Updated 2-05- 07.doc Public Hearing Draft Title 19- Zoning h. Duration or time limitations for certain activities; and/or i. Any other reasonable restrictions, conditions, or safeguards that will uphold the spirit and intent of the SVMC and the comprehensive plan and mitigate any adverse impact upon the adjacent properties by reason of use, extension, construction, or alteration allowed. 2. A CUP may be suspended or revoked if, after a public hearing with notice as provided in SVMC Chapter 17.40, the hearing examiner finds that a grantee or their successors in interest fail to comply with the conditions or restrictions included in the CUP. 19.160 Temporary Use Permits 19.160.010 Purpose and Intent. It is the intent of this chapter to regulate certain temporary uses of property which are not otherwise regulated by other city ordinances or regulations.. 19.160.020 Permit Classification. Temporary use permits (TUPs) are classified as a T pe I permit and shall be processed pursuant to the provisions of SVMC Chapter 17.40. 19.160.030 Temporary Use—Types. The Department may issue a TUP for the following ty es of temporary uses as permitted under this chapter: 1. Interim uses. The Department may issue a temporary and revocable permit to allow an owner, developer, contractor, tenant, lessee, or other occupant to conduct an otherwise permitted use on their property at the same time they are improving the property to the required city standards pursuant to the following conditions. a. The TUP may be issued for a period up to six (6) months and may be extended for an additional three (3) months if the applicant has acted in good faith towards compliance of the original permit. b. The Department may issue the permit only if the proposed use is consistent with the following findings of fact: ®®®�� i. The request is reasonable and there is no other practical alternative; ®®®®C ii. Adverse impacts associated with the temporary use are appropriately mitigated and such temporary use will not cause a hazard to the occupants ®®® or to neighboring properties; iii. A hardship is involved that cannot otherwise be reasonably resolved; and iv. A performance bond in the amount of any required improvements shall be posted guaranteeing the completion of the project. 2. Seasonal uses. The Department may issue a temporary and revocable permit to allow sales of seasonal goods in any nonresidential zone for a period not to exceed six (6) months in any twelve (12) month period. The use need not meet the standards normally associated with a permanent use provided the Department finds that the temporary use is consistent with the following: a. The use must be consistent with the permitted uses in the zone; b. The use must be an appropriate use of the property pending the permanent long term use; c. The use will not result in significant traffic, parking, drainage, fire protection, or other adverse impacts that cannot be appropriately mitigated; and Page 25 of 27 P:\Community Development\Development Regulations\3 Public Hearing Drafts\Public Hearing Draft Title 19-Updated 2-05- 07.doc Public Hearing Draft Title 19- Zoning d. The use must provide a sanitary facility if the Department determines it is necessary to do so. e. Failure to comply the conditions of the permit shall result in suspension or revocation of the TUP. 3. Temporary uses associated with construction permits. The Department may issue a temporary and revocable permit for activities associated with construction projects, including but not limited to equipment storage yards,job shacks, materials storage yards, or living quarters, which are not otherwise permitted outright by city ordinances or regulations. The Department may issue a TUP if it is found that the proposal is consistent with the following findings of fact: a. The use would not pose a hazard or be a detriment, physical or otherwise to the surrounding area; b. The use will not result in significant traffic, parking, drainage, fire protection or other adverse impacts; c. The temporary use shall be reviewed every six months to determine if the temporary use is still valid, if not the department shall terminated the TUP; d. The temporary use shall be vacated upon completion of the associated construction project or as determined by subsection (3)(c) above. 19.160.040 Conditions. The Department may include any conditions deemed necessary in order to reasonably mitigate any adverse impacts anticipated from a requested TUP. 19.170 Variances 19.170.010 Purpose. A variance is a mechanism by which the city may grant relief from the provisions of the Uniform Development Code where practical difficulty renders compliance with the provisions of the UDC an unnecessary hardship, where the hardship is a result of the physical characteristics of the subject property and where the purpose of the UDC and of the comprehensive plan can be fulfilled upon granting of the variance. 19.170.020 Permit Classification. Variances are classified as a Type Ill permit and shall be processed pursuant to the provisions of SVMC 17.40. 19.170.030 Decision Criteria. The hearing examiner may approve or approve with modifications an application for a variance from the provisions of the zoning code if: 1. The variance for the subject property will not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and the zone in which the property is located; and 2. The variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the land use zone in which the subject property is located; and Page 26 of 27 P:\Community Development\Development Regulations\3 Public Hearing Drafts\Public Hearing Draft Title 19-Updated 2-05- 07.doc Public Hearing Draft Title 19- Zoning 3. The granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located; and 4. The special circumstances of the subject property make the strict enforcement of the provisions of this code an unnecessary hardship to the property owner; and 5. The special circumstances of the subject property are not the result of the actions of the applicant or a predecessor in interest; and 6. The variance is the minimum necessary to fulfill the purpose of a variance and the need of the applicant; and 7. The variance is consistent with the purpose and intent of the zoning code; and 8. The variance is in accord with the comprehensive plan. 19.170.040 Limitation on Authority. The hearing examiner may not grant a variance to: 1. The provisions of regulations establishing the allowable uses in each land use zone; or 2. Any procedural or administrative provisions of the Spokane Valley Municipal Code; or 3. Any provision of the zoning code which, by the terms of that code, is not subject to a variance. ®®® ®®®® 19.170.050 Time Limitation. A variance automatically expires and is void if the applicant fails to obtain a building permit or other necessary development permit and substantially completes improvements allowed by the variance within 18 months of the effective date of the variance. 19.170.060 Time Extension. 11.111 Upon application of the property owner the hearing examiner may extend a variance, not to exceed one year, if: 1. Unforeseen circumstances or conditions necessitate the extension of the variance; and 2. Termination of the variance would result in unreasonable hardship to the applicant, and the applicant is not responsible for the delay; and 3. The extension of the variance will not cause substantial detriment to existing uses in the immediate vicinity of the subject property. Page 27 of 27 P:\Community Development\Development Regulations\3 Public Hearing Drafts\Public Hearing Draft Title 19-Updated 2-05- 07.doc Public HooringPC Recommended Draft Title 19-Zoning Title 19 ZONING REGULATIONS 19.10 Authority Title 19 is established pursuant to Section 11 Article XI of the Constitution of the State of Washington, RCW 35.63.080,and RCW 35A.63. 19.10.010 Applicability. This section shall govern the occupation, use erection, alteration, removal, demolition or conversion of any and all buildings,structures, and land located within the corporate limits of the City of Spokane Valley(herein referred to as the"City"). 19.20 Establishment of Zoning Districts. 19.20.010 The City has established the following zoning districts: R-1 -Single-family Residential Estate District R-2-Single-family Residential Suburban District , R-3-Single-family Residential Urban District 0' MF-1 -Multi-family Medium Density Residential District MF-2-Multi-family High Density Residential Distric MUC-Mixed Use Center District CMU-Corridor Mixed Use District CC-City Center District GO-Garden Office Distric 0-Office District NC-Neighborhood Commercial District C-Community Commercial District RC-Regional Commercial District I-1 -Light Industrial District 1-2-Heavy Industrial District CF-Community Facilities District 19.20.020.Zoning District Map. The boundaries of the zoning districts established herein are delineated upon the official zoning map of the City adopted as part of this Code as if contained herein. The official zoning map shall be filed in the office of the City Clerk. It shall be the duty of the Community Development Director (Director) to update and maintain the official zoning map by entering any changes that the City Council(Council)may approve. 19.20.030 Zoning District Boundary Considerations In determining the boundaries of any zoning district the following rules shall apply: 1. Boundaries indicated as approximately the centerline of streets, highways,or alleys shall be construed to follow such centerlines. Page 1 of 37 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\03-08-07\Staff recommend for hearing Draft Title 19 UDC 2-22-07.docP:\C t', Dcvclopmcnt\Dcvclopmcnt Rcgulationc\1 PC Rcommcndation Draftc\Staff recommend for h urine Draft Title 19 UDC 2 22 07.docP:\Community Dovolopmont\Dovolopmont Rogulationc\1 PC Rcommondation Draftc\PC Rocommond Draft Titlo 19 11DC.docP:\Community Dcvclopmcnt\Dcvclopmcnt Rcgulationc\Titic 19 Zoning\Titic 19 Updated 2 05 07.doc Public HctaringPC Recommended Draft Title 19-Zoning 2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. 3. Whenever any street, alley or other public way is vacated by official action of the City Council,the zoning district adjoining each side of such street,alley,or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all regulations of the extended districts. 4. Where the streets or alleys on the ground differ from the streets or alleys as shown on the Zoning Map,the streets or alleys on the ground shall control. 5. Boundaries indicated as approximately following city limits shall be construed as following city limits. 6. Boundaries indicated as following railroad lines shall be construed to be midway between the right-of-way lines. 7. Boundaries indicated as following the centerline of all creeks, streams or drainage ways shall be construed to follow such centerline. 8. Distances not specifically indicated on the Official zoning map shall be determined by the scale of the map. 9. The zoning classification applied to a tract of land adjacent to the street shall extend to the centerline of the street, unless as a condition of zoning approval, it is stated that the zoning classification shall not apply to the street. Where physical features on the ground are at variance with information shown on the official zoning district map or when there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the application of the above subsections, the property shall be considered in the same manner as provided for newly annexed territory. 19.20.040 Newly Annexed Territory. Upon annexation of property, in the absence of a pre-established zoning designation therefore, the City Council shall, within the annexation ordinance, establish an interim classification for the property on the city's official zoning map.The interim zone shall be consistent with the annexation area's comprehensive plan designation. If an interim zoning district is established, it shall be in place no longer than twelve (12)months unless otherwise provided by ordinance. For all property classified in the interim zone, the Department shall commence all steps necessary to establish an official zoning classification pursuant to the procedure described in SVMC 17.40.140. 19.20.050 New and Unlisted Uses. New types of land use and forms of land use not anticipated by this Title may seek to locate in the City. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows: 1. The Director shall have the discretion to interpret the appropriate zone classification of any new or unlisted form of land use if the new or unlisted form of land use resembles an identified permitted or conditional use in terms of intensity or character and is consistent with the purpose of the Code and one or more of the identified zoning classifications. 2. The director may solicit the opinion of the Planning Commission(Commission)if the use cannot be administratively interpreted.The referral shall be accompanied by a Statement of Facts listing the nature of the use and whether it involves inhabitation, sales, processing, type of product, storage, and amount or nature thereof, enclosed or open storage, anticipated employment, transportation requirements, traffic generation, the Page 2 of 37 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\03-08-07\Staff recommend for hearing Draft Title 19 UDC 2-22-07.docP:\C t,' Dcvclopmcnt\Dcvclopmcnt Rcgulationc\1 PC Rcommcndation Draftc\Staff recommend for h aring Draft Title 19 UDC 2 22 07.docP:\Community Dovolopmont\Dovolopmont Rogulationc\1 r'C Rcommondation Draftc\PC Rocommond Draft Titlo 19 11DC.docP:\Community Dcvclopmcnt\Dcvclopmcnt Rcgulationc\Titic 19 Zoning\Titic 19 Updated 2 05 07.doc Public HctaringPC Recommended Draft Title 19-Zoning amount of noise,odor,fumes,dust,toxic material and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer. 3. The Commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determines the zoning district or districts where such use should be permitted. Proposed changes in the Schedule of Permitted Uses for any new or unlisted uses shall be transmitted to the City Council(Council)following notice and hearing. 4. The Council shall by ordinance approve, modify, or deny the recommendation of the Commission. 19.20.060 Non-Conforming Uses. 1. Intent of Provisions a. Within the districts established by this Code or amendments thereto, there exist lots, permanent structures, uses of land and structures, and characteristics of use which were lawful before the adoption of this Code, but which do not now conform to the regulations of the district in which they are located. It is the intent of this Code to permit such non-conforming uses to continue, as long as the conditions within this section and other applicable sections are met. b. It is further the intent of this Code that non-conforming uses shall not be enlarged upon, expanded or extended, and not be used as a basis for adding other structures or uses prohibited elsewhere in the same district. c. Non-conforming uses are hereby declared to be incompatible with the permitted uses in the affected districts. 2. Non-conforming Status. a. Any use, platted lot or structure which does not conform with the regulations of the zoning district in which it is located shall be deemed a non-conforming use or permanent structure when it was in existence and lawfully operating prior to the adoption of this Code and which has since been in regular and continuous use; or The use, platted lot or permanent structure was in existence and lawfully constructed, located, and operating at the time of any amendment to this Code, but by such amendment is placed in a district wherein it is not otherwise permitted and has since been in regular and continuous use;or c. The use, platted lot or permanent structure was in existence at the time of annexation into the City and has since been in regular and continuous use. 3. Continuing Lawful Use of Property a. The lawful use of land or lawful existence of permanent structures at the time of passage of this Code, although such do not conform to the provisions hereof, may be continued; but if said non-conforming use or structure is discontinued or abandoned, any future use of the premises shall be in conformity with the provisions of this Code. b. Discontinuance of a non-conforming use shall commence on the actual act or date of discontinuance. Abandonment of a non-conforming structure shall commence on the act or date of abandonment. c. Except as otherwise provided,when a non-conforming use or structure does not meet the development standards of this Code,and is discontinued or abandoned for a period of twelve (12)consecutive months, such use shall not be resumed, Page 3 of 37 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\03-08-07\Staff recommend for hearing Draft Title 19 UDC 2-22-07.docP:\C Dcvclopmcnt\Dcvclopmcnt Rcgulationc\1 PC Rcommcndation Draftc\Staff recommend for h aring Draft Title 19 UDC 2 22 07.docP:\Community Dovolopmont\Dovolopmont Rociulationc\1 r'C Rcommondation Draftc\PC Rocommond Draft Titlo 19 11DC.docP:\Community Dcvclopmcnt\Dcvclopmcnt Rcgulationc\Titic 19 Zoning\Titic 19 Updated 2 05 07.doc Public HctaringPC Recommended Draft Title 19-Zoning and proof of such event shall constitute prima fasciae evidence of an act of abandonment. Any non-conforming use which does not involve a permanent structure and which is moved from the premises shall be considered to have been abandoned. d. No non-conforming use may be abandoned, reoccupied with another non- conforming use or increased as of the effective date of this Code. e. Single family or two family dwellings constructed on platted lots which may be nonconforming due to stricter standards, shall be deemed in conformance with this Code, as long as the use of the lot is allowed in the respective district. Only the lot size, lot depth, setbacks and width shall be allowed to be less than the regulations prescribed in the zoning district in which it is located. All other regulations of this Code shall be met or the lot shall be considered non- conforming. f. Any existing vacant lot platted prior to the adoption of this Code which was legally conforming shall be deemed a conforming lot. g. Uses which, prior to the effective date of this Code do not provide the required number of off-street parking spaces, shall not be considered as nonconforming permanent structures. 4. Changing Non-Conforming Uses a. Any non-conforming use may be changed to a conforming use,and once such a change is made,the use shall not be changed back to a non-conforming use. b. Where a conforming use is located in a non-conforming structure, the use may be changed to another conforming use as provided in subsection 5 below. c. A non-conforming use may not be changed to another non-conforming use. 5. Expansion of a Non-Conforming Use or Permanent Structure. An expansion of a non-conforming use or permanent structure is allowed in accordance with the following: a. A non-conforming use located within a building may be extended throughout the existing building if: i. No structural alteration may be made except those required to preserve the structure. ii. The number of dwelling units or rooms in a non-conforming residential structure shall not be increased so as to exceed the number of dwelling units or rooms existing at the time the use became non-conforming. b: No non-conforming use within a building may be extended to occupy any land outside the building. }c_No non-conforming use of land or building shall be enlarged, increased, ort---{Formatted:Bullets and Numbering extended to occupy a greater area of land than was occupied at the time the land became nonconforming,except to provide off-street loading or parking. d. The minimum residential lot areas for the various zoning districts shall be in accordance with their respective districts,except that a lot having less area than herein required which was an official "Lot of Record"prior to the adoption of this Code may be used for a single family dwelling. e. Buildings or permanent structures which do not conform to the area regulations or development standards in this Code but where the uses are deemed Page 4 of 37 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\03-08-07\Staff recommend for hearing Draft Title 19 UDC 2-22-07.docP:\C Dcvclopmcnt\Dcvclopmcnt Rcgulationc\1 PC Rcommcndation Draftc\Staff recommend for h aring Draft Title 19 UDC 2 22 07.docP:\Community Dovolopmont\Dovolopmont Rociulationc\1 r'C Rcommondation Draftc\PC Rocommond Draft Titlo 19 11DC.docP:\Community Dcvclopmcnt\Dcvclopmcnt Rcgulationc\Titic 19 Zoning\Titic 19 Updated 2 05 07.doc Public HooringPC Recommended Draft Title 19-Zoning conforming may increase the gross floor area by up to ten percent with the approval of the Director. f. Restoration of Non-Conforming Structure. If a structure occupied by a nonconforming use is destroyed by fire,or elements, it may be rebuilt within one year but the size or function of the nonconforming use cannot be expanded, nor create any additional violation of this Code. 6. Completion of Permanent Structures. Nothing herein shall require any change in the plans, construction, or designated use of a building or structure for which a building permit has been issued or a site plan approved by the City or Spokane County prior to incorporation of the City before the effective date of this Code, nor shall any building or structure for which a substantially complete application for a building permit was accepted by the Building Official on or before the effective date of these regulations, provided that the building permit shall comply with all applicable regulations on the date that the application was filed and the building permit is issued within one-hundred and eighty(180)days of the effective date of these regulations. )1.00. 411P 1110 Page 5 of 37 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\03-08-07\Staff recommend for hearing Draft Title 19 UDC 2-22-07.docP:\C 't', Dcvclopmcnt\Dcvclopmcnt Rcoulationc\1 PC Rcommcndation Draftc\Staff recommend for h urine Draft Title 19 UDC 2 22 07.docP:\Community Dovolopmont\Dovolopmont Rociulationc\1 ['C Rcommondation Draftc\PC Rocommond Draft Titlo 19 11DC.docP:\Community Dcvclopmcnt\Dcvclopmcnt Rcgulationc\Titic 19 Zoning\Titic 19 Updated 2 05 07.doc Public HcoringPC Recommended Draft Title 19-Zoning Section 19.30 Changes&Amendments. 19.30.010 Comprehensive Plan Text&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 sub-area plans, amendments to the Shoreline Master program, the amendment of the Capital Facilities Chapter concurrent with the adoption or amendment of the City budget, in the event of an emergency or to resolve an appeal of the Comprehensive Plan filed with the Growth Management Hearing Board. Comprehensive Plan text and map amendments are classified as Type IV development applications shall be processed pursuant to SVMC Chapter 17.40. 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 Chapter 17.40. 19.30.030 Site Specific Zoning Map Amendments. 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 17.40. 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 17.40. 1110 Page 6 of 37 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\03-08-07\Staff recommend for hearing Draft Title 19 UDC 2-22-07.docP:\C 't'; Dcvclopmcnt\Dcvclopmcnt Rcgulationc\1 PC Rcommcndation Draftc\Staff recommend for h urine Draft Title 19 UDC 2 22 07.docP:\Community Dovolopmont\Dovolopmont Rociulationc\1 PC Rcommondation Draftc\PC Rocommond Draft Titlo 19 11DC.docP:\Community Dcvclopmcnt\Dcvclopmcnt Rcgulationc\Titic 19 Zoning\Titic 19 Updated 2 05 07.doc Public HcoringPC Recommended Draft Title 19-Zoning 19.40 District Purpose&Supplemental Use Regulations Residential Zones 19.40.010 R-1 -Single Family Residential Estate District. Low density residential development intended to preserve the character of existing development and to allow for a limited number of horses and other large animals, and subject to the dimensional standards of Section 22.40 19.40.020 R-2-Single Family Residential Suburban District. Low density residential development intended to preserve the character of existing development subject to the dimensional standards of Section 22.40 Supplemental Permitted Use Regulations 1. R-2 allows any use permitted in R-1 subject to the requirements of 19.40.060 Residential Accessory Use regulations. 19.40.030 R-3-Single Family Residential Urban District Low density residential development intended to preserve the character of existing development subject to the dimensional standards of Section 22.40 Supplemental Permitted Use Regulations 1. R-3 - allows any use permitted in R-2 subject to the requirements of 19.40.060, Residential Accessory Use regulations. 19.40.040 MF-1 -Medium Density Multifamily Residential District The Medium Density Residential(MF-1)designation represents an opportunity to provide a range of housing types to accommodate anticipated residential growth. The increase in population, decline in average family size,and increased cost of single-family homes have created increased demand for new housing types. Multi-family residential zones with densities not to exceed 12 units per acre should be used as transitional zoning between higher intensity land uses such as commercial and office to lower density single family neighborhoods. Additionally, Medium Density Residential areas should be located near services and high capacity transit facilities or transit routes. Supplemental Permitted Use Regulations 1. MF-1 allows any use permitted in "R-3" subject to the requirements of 19.40.060, Residential Accessory Use regulations. 19.40.050 MF-2-High Density Multifamily Residential District The High Density Residential (MF-2)designation represents an opportunity to provide a range of housing types to accommodate anticipated residential growth with densities not to exceed 22 units per acre. Multi-family residential zones should be used as transitional zoning between higher intensity land uses such as commercial and office to medium and lower density single family neighborhoods. High Density Residential areas should be located near services and high capacity transit facilities or transit routes. Supplemental Permitted Use Regulations 1. MF-2 allows any use permitted in "MF-1" subject to the requirements of 19.40.060, Residential Accessory Use regulations. 19.40.060 Residential Accessory Uses&Structures 1. Except for the air conditioning compressors of detached single-family residential, cooling towers and similar accessory structures are required to observe all front,side or rear yards. Page 7 of 37 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\03-08-07\Staff recommend for hearing Draft Title 19 UDC 2-22-07.docP:\C t: Dcvclopmcnt\Dcvclopmcnt Rcgulationc\1 PC Rcommcndation Draftc\Staff recommend for h aring Draft Title 19 UDC 2 22 07.docP:\Community Dovolopmont\Dovolopmont Rociulationc\1 PC Rcommondation Draftc\PC Rocommond Draft Titlo 19 11DC.docP:\Community Dcvclopmcnt\Dcvclopmcnt Rcgulationc\Titic 19 Zoning\Titic 19 Updated 2 05 07.doc Public H aringPC Recommended Draft Title 19-Zoning 2. The combined building footprint of all accessory permanent structures in residential.--- Formatted:Bullets and Numbering zoning districts, including a detached accessory apartment dwelling,shall not exceed 10%of the lot area. 2 3.The vertical wall of an in-ground swimming pool shall be located behind front building.--- Formatted:Bullets and Numbering setback lines and at least five feet from the property line. All pools must be completely enclosed by a fence or wall no less than six (6)feet in height with self- latching and self-closing gates.The latching device shall be located on the pool side a minimum of 41/2 feet from the ground. Automatic electric gates may be used, provided closing action is initiated within sixty (60)seconds after pass-through of a vehicle or persons.Temporary fencing is required during excavation. 19.40.070 Dwellings,Accessory Apartments An accessory apartment dwelling is permitted in all residential zoning districts subject to the following: a-1.All accessory apartment dwelling units require: • --- Formatted:Indent:Left: 0.38",Numbered+Level:1+ Numbering Style:1,2,3,...+Start at:1+Alignment:Left+ a. One paved off-street parking space shall be required for the dwelling unit in Aligned at: 0.25"+Tab after: 0.5"+Indent at: 0.5",Tab addition to the off-street parking required for the main residence. stops: 0.63",List tab+Not at 0.5"+ 1" b. The accessory apartment dwelling unit shall be a complete, separate housekeeping unit. c. The entrance to the accessory apartment dwelling unit shall be located on the•-----Formatted:Indent:Left: 0.88",Numbered+Level:2+ side or in the rear of the structure or in such a manner as to be unobtrusive in Numbering Style:a,b,c,...+Start at:1+Alignment:Left+ appearance when viewed from the front the street. Aligned at: 1"+Tab after: 1.25"+Indent at: 1.25" d. The accessory apartment dwelling unit shall not have more than 2 bedrooms. .----r Formatted:Indent:Left: 0.88",Numbered+Level:2+ Numbering Style:a,b,c,...+Start at:1+Alignment:Left+ b2.Detached accessory apartment dwelling: Aligned at: 1"+Tab after: 1.25"+Indent at: 1.25",Tab a. Shall be located behind the front building setback line and placed on a stops:Not at 1.25" permanent foundation. b. All side and rear yards shall be preserved. c. Shall not be allowed on lots containing a duplex, multi-family dwelling or accessory apartment contained within the principal structure. d. Shall have a pitched roof with a minimum slope of 1:3. e. The height of the ridge of the pitched roof shall not exceed 24 feet. 19.40.080 Other Accessory Structures 1.Thc combined building footprint of all acccscory permancnt structures in residential zoning.?-- (Formatted:Indent:Left: 0.38",Numbered+Level:2+ districts, including a detached accessory apartment dwelling shall not exceed 10%of the Numbering Style:1,2,3,...+Start at:1+Alignment:Left+ lot area. Aligned at: 0.25"+Tab after: 0.5"+Indent at: 0.5",Tab stops: 0.63",List tab+Not at 0.5"+ 1.25" 1_Tower,Private (Ham Operator)provided: Formatted:Bullets and Numbering a. A building permit for the private tower is obtained from the City, reviewed and. \`l Formatted:Indent:Left: 0.38", No bullets or numbering, approved by the Community Development Department—Planning Division; Tab stops:Not at 1.25" b. The applicant shall furnish a site plan showing the height and location of the Formatted:Indent:Left: 0.88",Numbered+Level:1+ private tower; Numbering Style:a,b,c,...+Start at:1+Alignment:Left+ Aligned at: 1"+Tab after: 1.25"+Indent at: 1.25",Tab c. The applicant shall furnish a copy of the tower manufacturer's construction and stops: 1.13",List tab+Not at 1.25" erection specifications; d. The private tower shall be erected in accordance with the manufacturer's specifications; Page 8 of 37 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\03-08-07\Staff recommend for hearing Draft Title 19 UDC 2-22-07.docP:\C tt,' Dcvclopmcnt\Dcvclopmcnt Regulationc\1 PC Rcommendation Draftc\Staff recommend for h arine Draft Title 19 UDC 2 22 07.docP:\Community Dovolopmont\Dovolopmont Rogulationc\1 r'C Rcommondation Draftc\PC Rocommond Draft Titlo 19 11DC.docP:\Community Dcvclopmcnt\Dcvclopmcnt Regulationc\Title 19 Zoning\Title 19 Updated 2 05 07.doc Pu"SPC Recommended Draft Title 19-Zoning e. The applicant shall show the impact area (that area in all directions equal to the tower's height above grade)completely on his/her property. Up to one-half(1/2) of the tower's impact area in distance may be administratively approved if off of the applicant's property pursuant to the Administrative Exception process contained in SVMC 19.140; or, the applicant has secured the appropriate easements for all property within the tower's impact area if not entirely within his/her ownership. Such easements shall be recorded with the Spokane County Auditor with a statement that only the City of Spokane Valley Community Development Department can remove the recordation; f. That generally a residence has to be on the same site as the private tower, except for a private repeater facility or remote base operations;and g. That the height limitation of the zone is not exceeded without approval of a variance or administrative exception as respectively pertains. 3. Tower(does not include Wireless Communications Support Tower)provided: a. A conditional use permit pursuant to SVMC 19.150 is approved; .- Formatted:Indent:Left: 0.88",Numbered+Level:2+ Numbering Style:a,b,c,...+Start at:1+Alignment:Left+ b. The tower base shall be enclosed by a fence not less that six (6)feet in height Aligned at: 1.5"+Tab after: 1.75"+Indent at: 1.75",Tab with a locking gate; stops:Not at 1.75" c. The tower shall have a locking trap door or the climbing apparatus shall stop twelve(12)feet above the ground; d. The tower collapse or blade impact area shall lie completely within the applicant's property or within an adjacent property for which the applicant has secured and recorded an easement(s)for all property in the tower's impact area. e. Before issuance of a conditional use permit, the applicant shall have demonstrated all the applicable requirements of the Federal Communications Commission, Federal Aviation Administration and any required avigation easements can be satisfied. 19.40.090 Manufactured Housing 1. Pursuant to the requirements of RCW 35.21, 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. 2. Homes built to 42 U.S.C. 7 Sec. 5401-5403 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: 4a.be a"new"manufactured home;and F- Formatted:Indent:Left: 0.88",Numbered+Level:1+ Numbering Style:a,b,c,...+Start at:1+Alignment:Left+ 2—b.be set upon a permanent foundation, as specified by the manufacturer, and that Aligned at: 0.25"+Tab after: 1"+Indent at: 0.5",Tab the space from the bottom of the home to the ground be enclosed by concrete or stops:Not at 1" an approved product which can be either load bearing or decorative;and Vic.comply with all local design standards, including the requirement for a pitched roof with a slope of not less than 4:12, applicable to all other homes within the neighborhood in which the manufactured home is to be located;and 4d.be thermally equivalent to the state energy code;and 5,e.otherwise meet all other requirements for a designated manufactured home as defined in RCW 35.63.160. Page 9 of 37 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\03-08-07\Staff recommend for hearing Draft Title 19 UDC 2-22-07.doco:\C tR Dcvclopmcnt\Dcvclopmcnt Rcgulationc\1 PC Rcommcndation Drafts\Staff rccommcnd for h aring Draft Titic 19 UDC 2 22 07.docP:\Community Dovolopmont\Dovolopmont Roqulationc\1 PC Rcommondation Draftc\PC Rocommond Draft Titlo 19 11DC.docP:\Community Dcvclopmcnt\Dcvclopmcnt Rcgulations\Titic 19 Zoning\Titic 19 Updatcd 2 05 07.doc Public HooringPC Recommended Draft Title 19-Zoning 3. 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 Title 46 RCW, 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: 4 a.Is comprised of at least two fully enclosed parallel sections each of not less than.-----(Formatted:Indent:Left: 0.88",Numbered+Level:1+ twelve feet wide by thirty-six feet long;and Numbering Style:a,b,c,...+Start at:1+Alignment:Left+ Aligned at: 0.25"+Tab after: 1"+Indent at: 0.5",Tab fib.Was originally constructed with and now has a composition or wood shake or stops:Not at 1" shingle,coated metal,or similar roof of nominal 4:12 pitch;and 3,c.Has exterior siding similar in appearance to siding materials commonly used on conventional site-built International Building Code single-family residences. 19.40.100 Manufactured Home Parks a-1.Manufactured home parks shall require approval of a binding site plan, which includes a.----"Formatted:Indent:Left: 0.38",Outline numbered+Level: detailed site development plan in compliance with the development standards of this 1+Numbering Style:1,2,3,...+Start at:1+Alignment: code. Left+Aligned at: 0.25"+Tab after: 0.5"+Indent at: 0.5", Tab stops: 0.63",List tab+Not at 0.5"+ 1" la,2.The site development plan will be reviewed and approved for compliance with ordinances and standards by the Spokane County Utilities Department, Spokane County Regional Health District and other appropriate agencies. e3.Manufactured housing parks shall not exceed seven units per acre with a minimum of 3,600 square feet per space. 4;1,4.The maximum building coverage for each manufactured home space shall be 50%, provided that open patio covers, awnings, and/or carports shall not be considered buildings when calculating coverage. e-5.Each manufactured home space shall be a minimum of 45 feet in width with direct frontage on a public or private road. #,6. The minimum setbacks for manufactured homes at park perimeter are as follows. a. Twenty-five feet from all public rights-of-way. b. Side Yard-10 feet from park perimeter at the overall site lot side line. c. Rear Yard-10 feet from park perimeter at the overall site lot rear line.Three feet for any accessory structure such as patio covers,awnings and/or carport. g-7.Minimum setbacks for individual in-park spaces: a. Front and flanking yards-four feet. b. Side and rear yard-five feet. c. Accessory structures such as patio covers,awnings,and/or carport.-three feet. 19.40.110 Home Occupations Home occupations are permitted as accessory uses, incidental to the property's principal use as a residence subject to the following requirements: 1. Property shall retain a residential appearance and character; .- --- Formatted:Indent:Left: 0.38",Numbered+Level:1+ Numbering Style:1,2,3,...+Start at:1+Alignment:Left+ 2. All storage shall be enclosed within the residence or accessory structure. Aligned at: 0.63"+Tab after: 0.88"+Indent at: 0.88",Tab stops:Not at 0.88" Page 10 of 37 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\03-08-07\Staff recommend for hearing Draft Title 19 UDC 2-22-07.docP:\C tt,' Dcvclopmcnt\Dcvclopmcnt Rcgulationc\1 PC Rcommcndation Draftc\Staff recommend for h aring Draft Title 19 UDC 2 22 07.docP:\Community Dovolopmont\Dovolopmont Rociulationc\1 PC Rcommondation Draftc\PC Rocommond Draft Titlo 19 11DC.docP:\Community Dcvclopmcnt\Dcvclopmcnt Rcgulationc\Titic 19 Zoning\Titic 19 Updated 2 05 07.doc Public HctaringPC Recommended Draft Title 19-Zoning 3. Only members of the family residing on the premises shall be engaged in the home occupation; 4. One unlighted sign placed flush against the exterior wall of the principal structure not exceeding four square feet in area is permitted; 5. There shall be no window display nor shall sample commodities with the exception of flowers and produce grown on the premises be displayed outside the building(s); 6. The hours of operation of a home occupation is limited to seven a.m.to ten p.m. 7. The home occupation use shall not create electronic interference, including but not limited to; interference with radio, satellite reception, telephone or television reception, nor generate measurable levels at the property line of noise,dust,smoke, odor or glare. The home occupation activity shall not generate solid waste in volume or type which is not normally associated with residential use unless specifically permitted. 8. Loading docks and mechanical loading devices are not permitted. 9. No traffic or parking of vehicles shall be generated by a home occupation in greater volumes than normally expected in a residential neighborhood and any need for parking must be accommodated within the required off street parking for the dwelling unit. 19.40.120 Animal raising&Keeping Where permitted,the keeping of poultry and livestock(excluding swine)is subject to the following conditions: 1. The lot or tract must exceed 40,000 square feet in area;and ----- Formatted:Indent:Left: 0.38",Outline numbered+Level: 2. The keeping of swine are not permitted. 1+Numbering Style:1,2,3,...+Start at:1+Alignment: Left+Aligned at: 0"+Tab after: 0.25"+Indent at: 0.25", 23.Any building or structure housing poultry or livestock, including but not limited to any-, Tab stops: 0.63",List tab+Not at 0.25"+ 0.75" stable, paddock,yard, runway, pen,or enclosure,or any manure pile shall be located not I.,Formatted:Bullets and Numbering less than seventy-five feet from any habitation;and '(Formatted:Bullets and Numbering 4.No building or structure housing poultry or livestock, including but not limited to, any----{Formatted:Bullets and Numbering stable, paddock, yard, runway, pen, or enclosure, or any manure pile shall be located within the front yard nor be closer than ten feet from any side property line; 45.Largc animals(livcstock)The keeping of animals and livestock is limited as follows:: i-a_Not more than three horses, mules,donkeys, bovines or llama shall be permitted per gross acre,or ii-b.Not more than six sheep or goats shall be permitted per gross acre;or iii-c.Any equivalent combination of i.and ii.above;and 6,6.Small animals/fowl: A maximum of one animal or fowl, including duck, turkey, goose or----{Formatted:Bullets and Numbering similar domesticated fowl, or rabbit, mink, nutria, chinchilla or similar animal , may be raised or kept per 3,000 square feet of gross lot area. In addition,a shed,coop,hutch or similar containment structure must be constructed prior to the acquisition of any small animal/fowl. 6,7.Structures, pens, yards, enclosures, pastures and grazing areas shall be kept in a clean and sanitary condition. Page 11 of 37 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\03-08-07\Staff recommend for hearing Draft Title 19 UDC 2-22-07.docP:\C Dcvclopmcnt\Dcvclopmcnt Rcgulationc\1 PC Rcommcndation Draftc\Staff recommend for h aring Draft Title 19 UDC 2 22 07.docP:\Community Dovolopmont\Dovolopmont Rogulationc\1 PC Rcommondation Draftc\PC Rocommond Draft Title 19 11DC.docP:\Community Dcvclopmcnt\Dcvclopmcnt Rcgulationc\Titic 19 Zoning\Titic 19 Updated 2 05 07.doc Public HooringPC Recommended Draft Title 19-Zoning 19.50 Planned Residential Developments 19.50.010 Purpose. It is the purpose of this Chapter to: 1. Encourage imaginative design and the creation of permanent open space by permitting.------Formatted:Indent:Left: 0.38",Numbered+Level:1+ greater flexibility in zoning requirements than is generally permitted by other sections of Numbering Style:1,2,3,...+Start at:1+Alignment:Left+ the UDC; Aligned at: 0.25"+Tab after: 0.5"+Indent at: 0.5",Tab stops: 0.63",List tab+Not at 0.5" 2. Preserve or create environmental amenities superior to those generally found in conventional developments; 3. Create or preserve usable open space for the enjoyment of the residents; 4. Preserve to the greatest extent possible,the natural characteristics of the land including, but not limited to topography,natural vegetation,waterways,and views; 5. Encourage development of a variety of housing types;and 6. Provide for maximum efficiency in the layout of streets, utility networks and other public improvements and infrastructure. 19.50.020 Where Permitted. Planned residential developments (PRDs) are permitted in all residential zoning districts in the City. 19.50.030 Permitted Uses. The following uses are permitted in a PRD provided that they meet the standards and criteria established in this Chapter: 1. Those uses permitted as a matter of right in the underlying zoning district; .- --- Formatted:Indent:Left: 0.38",Numbered+Level:1+ 2. Residential developments of all types as defined bythis chapter;and Numbering Style:1,2,3,...+Start at:1+Alignment:Left+ p yp p Aligned at: 0.25"+Tab after: 0.5"+Indent at: 0.5",Tab 3. As a secondary use, uses permitted in the Neighborhood Commercial zoning district may stops: 0.63",List tab+Not at 0.5" be permitted in a PRD of ten(10)acres or larger. 19.50.040 Relationship of This Section to Other UDC Provisions. 1. Zoning requirements. The provisions of this Chapter pertaining to land use of the.------Formatted:Indent:Left: 0.38",Numbered+Level:1+ underlying zoning district shall govern the use of land in a PRD. The specific setback,lot Numbering Style:1,2,3,...+Start at:1+Alignment:Left+ size,height limits and other dimensional requirements are waived and the regulations for Aligned at: 0.25"+Tab after: 0.5"+Indent at: 0.5",Tab PRDs shall be those indicated in Section 19.50.050. stops: 0.63",List tab+Not at 0.5" 2. Platting requirements. A PRD shall be exempt from the specific design requirements of SVMC Title 20, except that when any parcel of land in a PRD is intended for individual ownership, sale or public dedication, the subdivision and procedural requirements of SVMC Title 20 and applicable state laws pertaining to subdivision and conveyance of land and the preparation of maps shall be followed. 3. Public hearing required. A PRD shall require a public hearing before the hearing examiner consistent with the provisions of SVMC Chapter 17.40. 19.50.050 Development Standards. The following standards shall govern the administration of this Chapter: Page 12 of 37 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\03-08-07\Staff recommend for hearing Draft Title 19 UDC 2-22-07.docP:\C Dcvclopmcnt\Dcvclopmcnt Rcgulationc\1 PC Rcommcndation Draftc\Staff recommend for h aring Draft Title 19 UDC 2 22 07.docP:\Community Dovolopmont\Dovolopmont Rociulationc\1 PC Rcommondation Draftc\PC Rocommond Draft Titlo 19 11DC.docP:\Community Dcvclopmcnt\Dcvclopmcnt Rcgulationc\Titic 19 Zoning\Titic 19 Updated 2 05 07.doc Public HetaringPC Recommended Draft Title 19-Zoning 1. Relationship of PRD site to adjacent areas.The design of a PRD shall take into account.---"Formatted:Indent:Left: 0.38",Numbered+Level:1+ the relationship of the site to the surrounding areas.The perimeter of the PRD shall be so Numbering Style:1,2,3,...+Start at:1+Alignment:Left+ designed as to minimize undesirable impact of the PRD on adjacent properties and Aligned at: 0.25"+Tab after: 0.5"+Indent at: 0.5",Tab conversely, to minimize undesirable impact of adjacent land use and development stops: 0.63",List tab+Not at 0.5" characteristics on the PRD. 2. Site acreage minimum.The minimum site shall be five acres. 3. Minimum lot size. The minimum lot size provisions of other sections of the UDC do not apply in a PRD, except that the minimum lot size requirements of the underlying zone shall serve as the criterion to calculate the total number of dwelling units allowed in the proposed PRD based on the gross acreage of the entire development. 4. Density. In a PRD,the hearing examiner may authorize a dwelling unit density not more than twenty percent(20%)greater than that permitted by the underlying zone,rounded to the nearest whole number, provided that the open space amenities described in Section 19.50.060 are met. 5. Maximum coverage. Building coverage and development of the site shall not exceed the percentage permitted by the underlying zone. 6. Landscaping required. All common open space shall be landscaped in accordance with the landscaping plan submitted by the applicant and approved by the hearing examiner. Natural landscape features which are to be preserved, such as existing trees, drainage ways,rock out-crops,etc.,may be accepted as part of the landscaping plan. 7. Setback and Side Yard Requirements: a. Setbacks from the exterior boundary line of the PRD area shall be comparable to or compatible with those of the existing development of adjacent properties,or, if adjacent properties are undeveloped, the type of development which may reasonably be expected on such properties given the existing zoning of such properties or the Comprehensive Plan and/or adopted sub-area plans. b. Setbacks or side yards between buildings. The standard setbacks and yard requirements between buildings may be waived in a PRD. Buildings may have common walls and, therefore, built to the property line as in town home construction. 8. All streets shall be designed and constructed to public street standards. ,Off-street parking shall be provided in accordance with SVMC 22.60. • --{Formatted:Bullets and Numbering g-10. Secondary use limitations. • —{Formatted:Bullets and Numbering a. Commercial uses are subject to site plan review procedures and shall be provided for in the application for the development within which the commercial use is to be integrated. b. The gross floor area of the commercial use shall not exceed the product of fifty (50) square feet multiplied by the number of dwelling units within the development. c. Construction of at least thirty-five percent (35%) of the residences in the PRD must be completed before any building permits will be issued for the construction of commercial uses,except this shall not prohibit a sales office. d. Commercial uses within a PRD shall be of a size and type to serve primarily the residents of the development,and shall be internally located to fulfill this function. Page 13 of 37 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\03-08-07\Staff recommend for hearing Draft Title 19 UDC 2-22-07.docP:\C Dcvclopmcnt\Dcvclopmcnt Regulationc\1 PC Rcommendation Draftc\Staff recommend for h urine Draft Title 19 UDC 2 22 07.docP:\Community Dovolopmont\Dovolopmont Rociulationc\1 r'C Rcommondation Draftc\PC Rocommond Draft Title 19 11DC.docP:\Community Dcvclopmcnt\Dcvclopmcnt Regulationc\Title 19 Zoning\Title 19 Updated 2 05 07.doc Public HooringPC Recommended Draft Title 19-Zoning 19.50.060 Open Space Standards. Each PRD shall dedicate not less then thirty percent(30%)of the gross land area for common open space for the use of its residents. Common open space areas shall meet the following criteria: 1. Location. The area proposed for open space shall be entirely within the PRD and within.-----(Formatted:Indent:Left: 0.38",Numbered+Level:1+ reasonable walking distance of all dwelling units in the PRD. Where practical, the Numbering Style:1,2,3,...+Start at:1+Alignment:Left+ proposed common open space shall be located adjacent to other established or planned Aligned at: 0.25"+Tab after: 0.5"+Indent at: 0.5",Tab park and recreational areas in adjacent developments, schools, or city parks; provided stops: 0.63",List tab+Not at 0.5" that such dedication would increase the overall benefit to the residents of the PRD and conform to other criteria in this section. 2. Access. All dwelling units within the PRD must have legal access to the proposed common open space at the time of final PRD approval. Private or access roads,trees or other landscaping may separate the common open space area. However,access should not be blocked by major obstacles such as arterial or collector roadways or significant natural features such as rivers, streams or topographic features. Areas dedicated for active recreational open space shall have reasonable access from street frontages. Design measures should accomplish the purposes of access and security. 3. Types of open space: a. Land dedicated for open space should be usable for either greenbelts that serve as a buffer between land uses,using existing vegetation,or an aesthetic amenity such as boulevard trees; active recreational activities; or for protecting environmentally sensitive areas such as wetlands. b. Except as provided in subsection (3)(c)or(d)below, thirty percent(30%)of the required common open space area shall be suitable for active recreation. The topography, soils, hydrology, and other physical characteristics of the area proposed for active recreation shall be of such quality as to provide a dry, obstacle-free space in a configuration which is suitable for active recreation. c. The percentage of active recreational areas may be increased to as high as fifty percent if it is determined that anticipated recreational needs will require a larger percentage. In increasing this percentage,the following standard should be used: the ratio of one acre to one hundred twenty-five residential units. d. The percentage of active recreational area may be decreased to as low as fifteen percent(15%)if it is determined that: i. inclusion of buffers or environmentally sensitive lands such as wetlands would better meet the open space needs of the residents of the subdivision;or ii. meeting the standard would require detrimental grading or other disturbance of the natural setting. 4. Land required for open space shall not include: 4 a.accessory buildings,climate controlled improvements,and areas reserved for the exclusive use and benefit of an individual tenant or owner; 2 b.dedicated streets, alleys or public rights-of-way, required landscaped areas, areas required for yard depth or building setback or separation; vehicular driveways,private streets,parking areas,loading or storage areas; Page 14 of 37 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\03-08-07\Staff recommend for hearing Draft Title 19 UDC 2-22-07.docP:\C Dcvclopmcnt\Dcvclopmcnt Rcgulationc\1 PC Rcommcndation Draftc\Staff recommend for h aring Draft Title 19 UDC 2 22 07.docP:\Community Dovolopmont\Dovolopmont Rociulationc\1 PC Rcommondation Draftc\PC Rocommond Draft Title 19 11DC.docP:\Community Dcvclopmcnt\Dcvclopmcnt Rcgulationc\Titic 19 Zoning\Titic 19 Updated 2 05 07.doc Public HctaringPC Recommended Draft Title 19-Zoning 4-d.floodplain (100 year), flood prone areas, drainage easements, natural drainage areas or creeks unless maintained as an amenity and specifically approved as being suitable for open space. 5. Implementation. The area proposed for open space shall be dedicated in common to the property owners within the plat or to a homeowner's association. Maintenance and operation of the dedicated open space shall be the responsibility of the property owners or homeowner's association. a. The City may choose to accept dedication, maintenance and operation responsibilities when the common open space area to be dedicated is in the public interest and either one or a combination of the following: i. Greater than ten acres; ii. Adjacent to an established or future City park or school grounds;or iii. Is an access to a body of water greater than three acres in size;or iv. Is an environmentally sensitive area. b. The dedication shall be identified on the PRD plan. 6. Improvements. The following improvements to the area proposed for dedication may be required prior to final approval of the PRD: a. Removal of construction debris and hazards; b. Rough grading and establishment of grass cover over those portions of the site suitable for playfields. 7. Equivalent facilities. When areas proposed for dedication do not meet the criteria for dedication in this Chapter,such land may be improved by grading,filling,landscaping,or with installation of recreation equipment so as to be equivalent in result to the intent of this Chapter.Determination of equivalency shall be made by the Director according to the following guidelines: a. The proposed land and improvements must create recreational opportunities generally equivalent to or greater than the land required for the residents within the PRD. b. The proposed land and improvements must not result in significant disturbance or alteration of an environmentally sensitive area, unless otherwise allowed by the City. c. The proposed land and improvements shall be dedicated in accordance with Section 19.50.060(6). 8. Stormwater detention facilities. Stormwater detention ponds may be allowed by the City as part of dedicated open space subject to the following criteria: a. The detention pond shall be constructed so as to drain fully when precipitation is not occurring (i.e.,no standing water may be left)unless the pond is designed as an aesthetic amenity. b. The side slope of the detention pond shall not exceed thirty-three percent unless slopes are existing,natural and covered with vegetation. c. If detention facilities are located adjacent to or near a natural, year-round stream or wetland,these systems shall be left in natural or near-natural condition. d. The detention area shall be landscaped in a manner which is both aesthetic and able to withstand the inundation expected. Page 15 of 37 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\03-08-07\Staff recommend for hearing Draft Title 19 UDC 2-22-07.docP:\C Dcvclopmcnt\Dcvclopmcnt Rcgulationc\1 PC Rcommcndation Draftc\Staff recommend for h aring Draft Title 19 UDC 2 22 07.docP:\Community Dovolopmont\Dovolopmont Rociulationc\1 r'C Rcommondation Draftc\PC Rocommond Draft Title 19 11DC.docP:\Community Dcvclopmcnt\Dcvclopmcnt Rcgulationc\Titic 19 Zoning\Titic 19 Updated 2 05 07.doc Public HcoringPC Recommended Draft Title 19-Zoning e. Use of a dedicated open space area for stormwater detention shall not be acceptable if the detention area must be fenced or otherwise rendered unsuitable or unavailable for recreation use during dry weather. f. In the case of joint use of open space for detention and recreation, the home owners or homeowners'association shall be responsible for maintenance of the detention facilities. 9. Rights and duties. The owners of open space shall have the following rights which may be exercised in respect of such land,subject to restrictive covenants or other restrictions: a. The right to locate recreational facilities, such as tennis courts,swimming pools, picnic tables, and fireplaces accessory to picnic tables designed to be used exclusively for the use of residents of the development and their guests; b. The right to locate pedestrian paths,bicycle paths and bridle paths; c. The right to take whatever measures are reasonably necessary to protect and maintain such land, or land or property adjacent thereto, or to correct a hazardous condition posing a threat to life or limb; d. The right to regulate access to or entry on the open space land and duty to maintain such land. 19.50.070 Administration. 1. Building permits and other permits required for the construction or development of --"Formatted:Indent:Left: 0.38",Numbered+Level:1+ property under the provisions of this section shall be issued only when in the opinion of Numbering Style:1,2,3,...+Start at:1+Alignment:Left+ the Director, the work to be performed meets the requirements of the final plan and Aligned at: 0.25"+Tab after: 0.5"+Indent at: 0.5",Tab program elements of the PRD. stops: 0.63",List tab+Not at 0.5" 2. Minor and major adjustments. a. Minor adjustments may be made and approved by the Director when a building permit is issued. Minor adjustments are those which may affect the precise dimensions or siting of buildings, but which do not affect the basic character or arrangement of buildings approved in neither the final plan, nor the density of the development or the open space requirements. Such dimensional adjustments shall not vary more than ten percent(10%)from the original. b. Major adjustments are those which, in the opinion of the Director, substantially change the basic design,density,open space or other requirements of the PRD. When,in the opinion of the Director,a change constitutes a major adjustment,no building or other permit shall be issued without prior review and approval by the hearing examiner of such adjustment. 3. Parties bound. Once the preliminary development plan is approved, all persons and parties, their successors, heirs, or assigns, who own, have, or will have by virtue of purchase, inheritance or assignment,any interest in the real property within the proposed PRD,shall be bound by the conditions attending the approval of the development and the provisions of this Chapter. 19.50.080 Homeowners/Property Owners Association Required. In a PRD a property owners or homeowners association shall be established for the purpose of ownership, maintenance and management of open spaces, common areas and private roads as required by the provisions of the SVMC. Page 16 of 37 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\03-08-07\Staff recommend for hearing Draft Title 19 UDC 2-22-07.docP:\C Dcvclopmcnt\Dcvclopmcnt Rcgulationc\1 PC Rcommcndation Draftc\Staff recommend for h aring Draft Title 19 UDC 2 22 07.docP:\Community Dovolopmont\Dovolopmont Rociulationc\1 PC Rcommondation Draftc\PC Rocommond Draft Title 19 11DC.docP:\Community Dcvclopmcnt\Dcvclopmcnt Rcgulationc\Titic 19 Zoning\Titic 19 Updated 2 05 07.doc Public HctaringPC Recommended Draft Title 19-Zoning 19.60 District Purpose & Supplemental Use Regulations Commercial, Office & Mixed Use Zones RESERVED ;19.60.010 "GO"Garden Office DistrictFormatted:Underline,Font color:Blue The Garden Office designation is intended primarily for low-rise office development with limited retail or commercial uses. Retail and commercial uses are limited to those that are clearly subordinate to the primary office use or the retail function primarily serves the office uses in close proximity to the retail or commercial use. Garden Office uses provide a buffer between residential uses and commercial uses. Primary uses include medical and dental facilities, education services, insurance, real estate, financial institutions,design firms, and legal services are representative of this comprehensive plan category. Supplemental Permitted Use Regulations -- Formatted:Font color:Blue 1. convenience Store: - Formatted:Underline,Font color:Blue a. Exterior loudspeakers,public address systems or similar audio equipment shall not Formatted:Indent:Left: 0.25",Numbered+Level:1+ be permitted. Numbering Style:1,2,3,...+Start at:1+Alignment:Left+ Aligned at: 0.75"+Tab after: 1"+Indent at: 1",Tab stops: b. The proposed location shall be directly adjacent to at least a principal or minor 0.5",List tab+Not at 0.63"+ 1" arterial street or collector street. 2. Dwelling units shall be allowed only in a building or structure with offices on the entire ground floor. Parking for residents must be reserved and clearly marked. 3. Mobile food vendors shall be located on within designated areas which do not interfere with parking or internal circulation. 4. Traffic from the proposed use on a side street shall be directed to the nearest arterial or collector street and shall not be routed through an adjoining neighborhood. 19.60.020 "0"Office District The Office designation is intended primarily for medium to high-rise office development with.--- Formatted:Indent:Left: 0.13",First line: o" limited retail or commercial uses. Retail and commercial uses are limited to those that are clearly subordinate to the primary office use or the retail function primarily serves the office uses in close proximity to the retail or commercial use. Primary uses include medical and dental facilities, education services, insurance, real estate, financial institutions, design firms, and legal services are representative of this comprehensive plan category. -{Formatted:Indent:Left: 0.25",First line: 0" 19.60.030 "NC", Neighborhood Commercial District Supplemental Permitted Use Regulations • - Formatted:Underline 1. Animal ClinicNeterinary limited to small animals. Formatted:Indent:Hanging: 0.25" 2. Carwash limited to a single bay. (Formatted:Indent:Left: 0.25",Numbered+Level:1+ Numbering Style:1,2,3,...+Start at:1+Alignment:Left+ 3. Grocery or Specialty Food Store limited to no more than 25,000 square feet of net retail Aligned at: 0.5"+Tab after: 0.75"+Indent at: 0.75",Tab space. `\ stops: 0.5",List tab+Not at 0.75" f4. Mobile food vendors with permission of the property owner. Formatted:Bullets and Numbering 5. Below ground storage of fuel incidental to retail sales only. 6. All storage in the NC district shall be within an enclosed building, provided that retail products which are for sale or rental may be displayed outdoors during business hours only,so long as the storage does not occur within any required front or flanking street yard or in any public street or right-of-way. Page 17 of 37 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\03-08-07\Staff recommend for hearing Draft Title 19 UDC 2-22-07.docP:\C 't; Dcvclopmcnt\Dcvclopmcnt Regulationc\1 PC Rcommcndation Draftc\Staff recommend for h aring Draft Title 19 UDC 2 22 07.docP:\Community Dovolopmont\Dovolopmont Rogulationc\1 PC Rcommondation Draftc\PC Rocommond Draft Title 19 11DC.docP:\Community Dcvclopmcnt\Dcvclopmcnt Regulationc\Title 19 Zoning\Title 19 Updated 2 05 07.doc Public HctaringPC Recommended Draft Title 19-Zoning --{Formatted: No bullets or numbering 19.60.040 "C",Community Commercial District The community commercial classification designates areas for retail, service and.---{Formatted:Indent:Left: 0.13", No bullets or numbering office establishments intended to serve several neighborhoods. Community Commercial areas should not be larger than 15-17 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 sub-area planning. Residences in conjunction with business and/or multifamily developments may be allowed with performance standards that ensure compatibility. 1. Kennels provided that: ' --- Formatted:Indent:Left: 0.25",First line: 0",Numbered+ Level:1+Numbering Style:1,2,3,...+Start at:1+ a. There are no outside runs or areas; Alignment:Left+Aligned at: 0.5"+Tab after: 0.75"+ b. The structure(s) housing animals is adequately soundproof to meet the Indent at: 0.75",Tab stops: 0.25",List tab+ 0.5",Left+ requirements of WAC 173.060; fNot at 0.75"+ 1" c. One(1)parking stall provided for every ten(10)animal confinement areas;and Formatted:Bullets and Numbering 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 19.40.080 are met. 3. All storage in the C district shall be within an enclosed building,provided that retail products which are for sale or rental may be displayed outdoors during business hours only,so long as the storage does not occur within any required front or flanking street yard or in any public street or right-of-way. Vehicles,machinery or other items normally displayed for sales purposes on an open lot may be so displayed. No inoperable or not-currently licensed vehicles or remnants thereof shall be stored or displayed out of doors. -{Formatted: No bullets or numbering,Tab stops:Not at 1" 19.60.050 "RC",Regional Commercial District .---- Formatted: No bullets or numbering,Tab stops: 1",Left+ Not at 1.5" ,The Regional Commercial designation allows a large range of commercial and., business uses. Community Design Guidelines address design quality, mixed-use, and the {Formatted:Font:10 pt integration of auto,pedestrian,and transit circulation` Formatted:Indent:Left: 0.13", No bullets or numbering, Tab stops: 1",Left+Not at 1.5" 1. Caretaker dwelling unit limited to custodial, maintenance, management or security of a•r commercial property. v � '(Formatted:Font:(Default)Arial,Bold 2. All storage in the RC district shall be within an enclosed building or within an area screened Formatted:Indent:Left: 0.25",Numbered+Level:1+ by a Type I screen consistent with the provisions of SVMC 22.80.030, provided that retail Alignedat: 0Se+Tab after: 0:1,2,3,...+ .75"+Indent rt at:1+ hat: 0.75",nment: Tab products which are for sale or rental may be displayed outdoors during business hours stops: 0.5",List tab+ 1",Left+Not at 0.75"+ 1.5" only,so long as the storage does not occur within any required front or flanking street yard f Formatted:Bullets and Numbering or in any public street or right-of-way. Automobiles, recreational vehicles, machinefs and other items normally displayed for sales purposes on an open lot may be so displayed. -- Formatted: No bullets or numbering,Tab stops: 1",Left+ 19.60.060 "MUC",Mixed Use Center District Not at 1.5" The Mixed Use Center designation allows two or more uses on a site that can.-' Formatted:abstopsIndent:Left:at05, No bullets or numbering, Tab stops: 1",Left+Not 1.5" either be vertically or horizontally mixed and includes employment, lodging, retail along with higher density residential uses. Formatted:Indent:Left: 0.25",Numbered+Level:1+ Numbering Style:1,2,3,...+Start at:1+Alignment:Left+ 1. The outdoor storage provisions contained in SVMC 19.60.060(2) shall apply to the MUC•C Aligned at: 0.38"+Tab after: 0.63"+Indent at: 0.63",Tab district. stops: 0.5",List tab+ 1",Left+Not at 0.63"+ 1.5" Formatted:Bullets and Numbering Formatted: No bullets or numbering,Tab stops:Not at 1" Page 18 of 37 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\03-08-07\Staff recommend for hearing Draft Title 19 UDC 2-22-07.docP:\C tt; Dcvclopmcnt\Dcvclopmcnt Regulationc\1 PC Rcommcndation Draftc\Staff recommend for h aring Draft Title 19 UDC 2 22 07.docP:\Community Dovolopmont\Dovolopmont Rociulationc\1 r'C Rcommondation Draftc\PC Rocommond Draft Title 19 11DC.docP:\Community Dcvclopmcnt\Dcvclopmcnt Regulationc\Title 19 Zoning\Title 19 Updated 2 05 07.doc Public HcaringPC Recommended Draft Title 19-Zoning 19.60.070 "CMU",Corridor Mixed Use District ' --- Formatted: No bullets or numbering,Tab stops: 1",Left+ The Corridor Mixed Use designation is intended to enhance travel options,"-_Not at 1.5" encourage development of locally serving commercial/retail uses, higher density residential, !Formatted:Indent:Left: 0.13", No bullets or numbering, lodging and offices along major transportation corridors. Tab stops:Not at 1" 1. The outdoor storage provisions contained in SVMC 19.60.060(2)shall apply to the CMU'---"Formatted:Indent:Left: 0.25",Numbered+Level:1+ district. Numbering Style:1,2,3,...+Start at:1+Alignment:Left+ Aligned at: 0.38"+Tab after: 0.63"+Indent at: 0.63",Tab stops: 0.5",List tab+Not at 0.63"+ 1" 19.60.080 "CC",City Center District (Formatted:Bullets and Numbering The City Center designation is intended to create a higher density designation' Formatted: No bullets or numbering where office,retail,government and residential uses are concentrated. Formatted:Indent:Left: 0.13", No bullets or numbering Formatted: No bullets or numbering 19.60.090 "CF",Community Facilities District The "CF" Community Facilities District designation is intended to protect and'---{Formatted:Indent:Left: 0.13", No bullets or numbering preserve areas of the City devoted to civic,cultural,educational,and similar institutional facilities. These facilities provide for the social needs of the community as those needs relate to public services, open space and institutions whether they are publicly or privately sponsored or operated. Moreover, this designation provides for and protects parks, open space, and other natural physical assets of the community. Uses in these areas may include those identified as "Essential Public Facilities". 1. The design standards applicable to property zoned CF shall be those of the adiacent property,provided that where the CF property is adiacent to more than one other district, the requirements for setbacks, landscaping, signage, lighting and other requirement for the adjacent district shall apply within 25 feet of the property line. .———{Formatted: No bullets or numbering Page 19 of 37 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\03-08-07\Staff recommend for hearing Draft Title 19 UDC 2-22-07.docP:\C tt,' Dcvclopmcnt\Dcvclopmcnt Regulationc\1 PC Rcommcndation Draftc\Staff recommend for h arine Draft Title 19 UDC 2 22 07.docP:\Community Dovolopmont\Dovolopmont Rociulationc\1 r'C Rcommondation Draftc\PC Rocommond Draft Titlo 19 11DC.docP:\Community Dcvclopmcnt\Dcvclopmcnt Regulationc\Title 19 Zoning\Title 19 Updated 2 05 07.doc Public HclnringPC Recommended Draft Title 19-Zoning 19.70 District Purpose&Supplemental Use Regulations-Industrial Zones 19.70.010 "I-1", Light Industrial District 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. 1. The outdoor storage provisions contained in SVMC 19.60.060(2) shall apply to the I-1t7--"Formatted:Indent:Left: 0.25",Numbered+Level:1+ district. Numbering Style:1,2,3,...+Start at:1+Alignment:Left+ Aligned at: 0.38"+Tab after: 0.63"+Indent at: 0.63",Tab stops: 0.5",List tab+Not at 0.63" 19.70.020 "1-2", Heavy Industrial District f Formatted:Bullets and Numbering Heavy Industrial designated property is characterized lsV'Ytense industrial activities which include manufacturing, processing,fabrication,assembly,freight handling and similar operations. Heavy industry may have significant noise,odor or aesthetic impacts. RESERVED k1. 1-2 allows any use permitted in the 1-1 zonin r except as specifically provided In'„--(Formatted:Font:Not Bold,No underline Appendix 19-A. Formatted:Indent:Left: 0.25",Flanging: 0.25" )110P 11111. 110 Page 20 of 37 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\03-08-07\Staff recommend for hearing Draft Title 19 UDC 2-22-07.docP:\C t', Dcvclopmcnt\Dcvclopmcnt Rcgulationc\1 PC Rcommcndation Draftc\Staff recommend for h urine Draft Title 19 UDC 2 22 07.docP:\Community Dovolopmont\Dovolopmont Rogulationc\1 ['C Rcommondation Draftc\PC Rocommond Draft Title 19 1JDC.docP:\Community Dcvclopmcnt\Dcvclopmcnt Rcgulationc\Titic 19 Zoning\Titic 19 Updated 2 05 07.doc Public HctaringPC Recommended Draft Title 19-Zoning - {Formatted:Font:Not Bold,No underline 1 19.80 Adult Uses 19.80.010 Purpose. In the development and adoption of this chapter, the City recognized that there are adult entertainment uses which, due to their very nature, have serious objectionable operational characteristics, particularly when located in close proximity to residential neighborhoods and schools, thereby having a deleterious impact upon the quality of life in the surrounding areas. It has been acknowledged by courts and communities across the nation that state and local governmental entities have a special concern in regulating the operation of such businesses under their jurisdiction to ensure the adverse secondary effects of the establishments are minimized. This chapter is intended to protect the general public health,safety and welfare of the citizenry of the City of Spokane Valley through the regulation of the operations and licensing of the adult entertainment devices, premises and personnel of adult entertainment establishments. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any constitutionally protected sexually oriented or explicit communicative materials, or communicative performances. The regulations set forth herein are intended to prevent and control health, safety and welfare issues, the decline in neighborhood conditions in and around adult entertainment establishments, and to prevent dangerous and unlawful conduct associated with these facilities. This chapter may not be construed as permitting or promoting obscene conduct or materials. 19.80.020 License required. Licensing requirements for Adult Uses are contained in SVMC Title 5.10. 19.80.030 Adult Use Development Standards 1. There shall be 5 existing acres of contiguous (includes across streets) zoning t- Formatted:Indent:Left: 0.38",Numbered+Level:1+ classified Community Commercial or Regional Commercial. Numbering Style:1,2,3,...+Start at:1+Alignment:Left+ Aligned at: 0.25"+Tab after: 0.5"+Indent at: 0.5",Tab 2. The use shall be located or maintained at least 1,000 feet from the nearest stops: 0.63",List tab+Not at 0.5"+ 0.75' property line. Distance shall be measured from the nearest property line of the adult retail use establishment or adult entertainment establishment(s) to the nearest property line of the following pre-existing uses: a. Public library. b. Public playground or park. c. Public or private school and its grounds of kindergarten to 12th grade. d. Nursery school,mini-day care center or day care center. e. Church, convent, monastery, synagogue or other place of religious worship. f. Another adult use subject to the provisions of this section. 3. An adult retail use establishment or adult entertainment establishment(s)shall not be located within 1,000 feet of an urban growth area boundary or within 1,000 feet of any of the following zones: 4-a.R-1 -Single-family Residential Estate District 2,10.R-2-Single-family Residential Suburban District 3-c.R-3-Single-family Residential Urban District 4-d.MF-1 -Multi-family Medium Density Residential District Page 21 of 37 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\03-08-07\Staff recommend for hearing Draft Title 19 UDC 2-22-07.docP:\C Dcvclopmcnt\Dcvclopmcnt Regulationc\1 PC Rcommcndation Draftc\Staff recommend for h aring Draft Title 19 UDC 2 22 07.docP:\Community Dovolopmont\Dovolopmont Rociulationc\1 r'C Rcommondation Draftc\PC Rocommond Draft Title 19 1JDC.docP:\Community Dcvclopmcnt\Dcvclopmcnt Regulationc\Title 19 Zoning\Title 19 Updated 2 05 07.doc Public HctaringPC Recommended Draft Title 19-Zoning MF-2-Multi-family High Density Residential District �f. MUC-Mixed Use Center District CMU-Corridor Mixed Use District &h.CC-City Center District 9-LNC-Neighborhood Commercial District '14111411Ifr 11111. Page 22 of 37 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\03-08-07\Staff recommend for hearing Draft Title 19 UDC 2-22-07.docP:\C Dcvclopmcnt\Dcvclopmcnt Rcgulationc\1 PC Rcommcndation Draftc\Staff recommend for h aring Draft Title 19 UDC 2 22 07.docP:\Community Dovolopmont\Dovolopmont Rogulationc\1 r'C Rcommondation Draftc\PC Rocommond Draft Titlo 19 11DC.docP:\Community Dcvclopmcnt\Dcvclopmcnt Rcgulationc\Titic 19 Zoning\Titic 19 Updated 2 05 07.doc Public HctaringPC Recommended Draft Title 19-Zoning 19.100 Essential Public Facilities(EPFs) 19.100.010 Facilities of Regional/Statewide Significance Spokane Valley is signatory to an inter-local agreement relating to the siting of Essential Public Facilities of statewide and regional significance in accordance with RCW 36.70A.200. 1. EPFs having statewide significance are major facilities that provide a needed public service affecting, or potentially affecting, residents and/or property located in two (2)or more Washington State counties and may be included on the Washington State Office of Financial Management list of EPFs. These facilities include, but are not limited to: regional transportation facilities, such as commercial and military airports, freeways, highways and beltways;state correctional facilities;secure community transition facilities; state social services;state parks;and state higher-educational facilities. 2. EPFs having regional/countywide significance are local or interlocal facilities providing a needed public service affecting,or potentially affecting, residents and/or property located in two or more Spokane County jurisdictions.They include, but are not limited to:general aviation airports; county correctional facilities; regional transportation system; public transit maintenance and operational facilities; regional solid waste disposal/recycling/composting/handling facilities; community colleges; regional wastewater treatment facilities; arenas, stadiums and other entertainment facilities; and regional social and health services such as inpatient hospitals, mental health facilities, substance abuse treatment centers, and group homes (including adult family homes, boarding and retirement homes,and nursing homes). SVMC 19.120 Permitted and Accessory Uses identifies those facilities subject to the Regional/Statewide Siting Process. 3. Application for EPF siting shall be made through the Spokane County Department of Planning&Building in accordance with the adopted procedures of Spokane County. 4. Following =,nkinq of sites final site selection by the Board of County Commissioners,the applicant will work directly with the local jurisdiction and its regulatory requirements to permit the construction and operation of the facility under the plans and regulations that were in effect at the time of initial application under the Regional Siting Process. 5. All EFPs located within Spokane Valley require approval of a conditional use permit pursuant to SVMC 19.150. Applicant is not required to perform further alternative site analysis at the local level. Spokane Valley shall require EFPs approved through the regional process to meet all local requirements except those expressly obviated as a result of the process. The City will consider all information submitted as part of the -t the cxtcnt possible process a conditional ucc permit relying on the findings from tho Regional Siting Process 19.100.020 Local Siting Procedures EPFs having local significance are facilities providing a needed public service affecting or potentially affecting only residents and/or property within the jurisdiction in which they are located. Spokane Valley includes such facilities in the Comprehensive Plan as "Community Facilities", including but not limited to fire stations, police stations, child care facilities, public libraries, community parks, recreation facilities, community centers, local social services, and elementary, middle and high schools. 19.100.030 Historic Preservation-RESERVED _ Formatted:No underline Page 23 of 37 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\03-08-07\Staff recommend for hearing Draft Title 19 UDC 2-22-07.docP:\C Dcvclopmcnt\Dcvclopmcnt Rcqulationc\1 PC Rcommcndation Draftc\Staff recommend for h urine Draft Title 19 UDC 2 22 07.docP:\Community Dovolopmont\Dovolopmont Roqulationc\1 PC Rcommondation Draftc\PC Rocommond Draft Title 19 11DC.docP:\Community Dcvclopmcnt\Dcvclopmcnt Rcgulationc\Titic 19 Zoning\Titic 19 Updated 2 05 07.doc Public HctaringPC Recommended Draft Title 19-Zoning 19.110 Special Overlay Zones 19.110.010 Medical Office Overlay Zone-RESERVED - Formatted:No underline 19.110.020 Auto Row Overlay-RESERVED 19.110.030 Airport Hazard Overlay 1. Purpose and Intent - The purpose and intent of the Airport Hazard Overlay Zone is to reduce the potential for airport hazards,because: a. Airport hazards endanger the lives and property of users of landing fields and.----"Formatted:Indent:Left: 0.88",Numbered+Level:1+ persons in the vicinity of Felts Field;and Numbering Style:a,b,c,...+Start at:1+Alignment:Left+ Aligned at: 0.25"+Tab after: 0.5"+Indent at: 0.5",Tab b. Airspace obstructions and incompatible land uses impair the utility of an airport stops: 1.13",List tab+Not at 0.5" and diminish the value of the public investment therein;and c. Preventing the creation or establishment of incompatible land uses and airport hazards protects the public health,safety,and general welfare,and promotes the most appropriate use of land. 2.Applicability -The Airport Hazard Overlay Zone applies to areas surrounding Felts Field, as established herein. Provisions of this chapter shall apply to all lands, buildings, structures, natural features and uses located within the Airport Hazard Overlay (AO) Zone district as depicted on the maps,except that the provisions of this chapter shall not apply to any use that is defined as an aviation use. All uses and activities are at all times subject to the underlying zoning district. Where the requirements and restrictions imposed by the Airport Hazard Overlay Zone conflict with the requirements of the underlying zone district,the more restrictive requirement shall be applied. 4110° 110 Page 24 of 37 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\03-08-07\Staff recommend for hearing Draft Title 19 UDC 2-22-07.docP:\C t', Dcvclopmcnt\Dcvclopmcnt Rcgulationc\1 PC Rcommcndation Draftc\Staff recommend for h aring Draft Title 19 UDC 2 22 07.docP:\Community Dovolopmont\Dovolopmont Rogulationc\1 r'C Rcommondation Draftc\PC Rocommond Draft Titlo 19 11DC.docP:\Community Dcvclopmcnt\Dcvclopmcnt Rcgulationc\Titic 19 Zoning\Titic 19 Updated 2 05 07.doc Public HclnringPC Recommended Draft Title 19-Zoning aA po4 HORIZONTAL BURFACE °o 1ST ABOVE ETAfLI8HEU AMORT ELEVATION p��ejOI�N�N$ CONICAL SURFACE u N7RUNo,A. h� ckher IE1R. fii N U r ^f: MQ'&. OrN .�' ,r•jgllN� 14 406 11111111k- 9Cd h A ' 3. Air Hazard Height Restrictions - Except as otherwise provided herein, no building or structure shall be erected, altered, or maintained so as to project or otherwise penetrate the FAR Part 77 airspace surfaces shown on the Airport Hazard Map attached hereto and made a part hereof for all purposes. Such applicable height limitations are hereby established for each of the zones as follows: a_Primary Surface —A surface longitudinally centered on a runway. The primary.---"Formatted:Indent:Left: 0.88",Numbered+Level:1+ surface extends 200 feet beyond each end of the runway and is 1,000 feet wide. Numbering Style:a,b,c,...+Start at:1+Alignment:Left+ The elevation of any point on the primary surface is the same as the elevation of Aligned at: 0.25"+Tab after: 0.5"+Indent at: 0.5",Tab the nearest point on the runway centerline. stops: 1.13",List tab+Not at 0.5"+ 1.46" ii-b.Precision Instrument Runway Approach Zone-Slopes fifty(50)feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline;thence slopes upward forty(40)feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway centerline. iii-c.Transitional Zones-Slope seven(7)feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation which is 1,952 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the ,approach surface, and extending to where they' intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, Page 25 of 37 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\03-08-07\Staff recommend for hearing Draft Title 19 UDC 2-22-07.docP:\C tt,' Dcvclopmcnt\Dcvclopmcnt Rcoulationc\1 PC Rcommcndation Draftc\Staff recommend for h urine Draft Title 19 UDC 2 22 07.docP:\Community Dovolopmont\Dovolopmont Rogulationc\1 PC Rcommondation Draftc\PC Rocommond Draft Title 19 11DC.docP:\Community Dcvclopmcnt\Dcvclopmcnt Rcgulationc\Titic 19 Zoning\Titic 19 Updated 2 05 07.doc Pu"SPC Recommended Draft Title 19-Zoning there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at 90 degree angles to the extended runway centerline. iv d. Horizontal Zone-Established at 150 feet above the airport elevation or at a height of feet above mean sea level. e.Conical Zone-Slopes twenty(20)feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation. A • G p r L A. r,r II ' I_.f, W SURFACE SLOPE KEY W K �R.�'rs'nrr•r•vxi rr l�reamr Rrrom .IPR[C IS,QN 1.111.161.1.RI.96.1.OR1) gir ZIa 4. Height Exceptions - Structures shall not be constructed, altered, maintained, in the regulated air space area except as follows: 4-a.Any structure or object that would be shielded by existing structures of at-----Formatted:Indent:Left: 0.88",Numbered+Level:1+ permanent and substantial character or by natural terrain or topographic features Numbering Style:a,b,c,...+Start at:1+Alignment:Left+ of equal or greater height. Aligned at: 0.25"+Tab after: 0.5"+Indent at: 0.5",Tab stops:Not at 0.5" Any air navigation facility,airport visual approach or landing aid,aircraft arresting device, or meteorological device, of a type approved by the Federal Aviation Administration with a fixed location and height. Vic.Structures necessary and incidental to airport operations. Page 26 of 37 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\03-08-07\Staff recommend for hearing Draft Title 19 UDC 2-22-07.doc : Dcvclopmcnt\Dcvclopmcnt Rcgulationc\1 PC Rcommcndation Drafts\Staff rccommcnd for h aring Draft Titic 10 UDC 2 22 97.docP:\Community Dovolopmont\Dovolopmont Roqulationc\1 PC Rcommondation Draftc\PC Rocommond Draft Titlo 19 11DC.docP:\Community Dcvclopmcnt\Dcvclopmcnt Rcgulations\Titic 10 Zoning\Titic 10 Updatcd 2 05 07.doc Public HetaringPC Recommended Draft Title 19-Zoning 5.Airport Land Use Restrictions-The six airport land use compatibility zones established by the WSDOT Division of Aviation in guidelines are based on federal aviation accident data from the National Transportation Safety Board (NTSB) are shown on the Airport Land Use Compatibility Zone Map attached hereto and made a part hereof for all purposes. a. Prohibited uses in all Airport Land Use Compatibility Zones: a-i_Any use that creates or causes interference with the operations of radio•----(Formatted:Indent:Left: 1.38",Numbered+Level:2+ or electronic facilities at the airport or with radio or electronic Numbering Style:i,ii,iii,...+Start at:1+Alignment:Left+ communications between airport and aircraft. Aligned at: 0.75"+Tab after: 1"+Indent at: 1",Tab stops: Not at 1" b-ii_Any use or lighting that impairs a pilot's ability to distinguish between ` airport lights and other lights, or that creates glare affecting pilot vision; or otherwise impairs visibility in the vicinity of the airport.All lighting shall be"cut-down"and fully shielded. c. Any use that endangers the landing, taking off,or maneuvering of aircraft;or e i.Any use which attracts birds in any manner affecting airport operations such as garbage,recycling and stormwater detention. d-iv. Special function land uses for which the significant common element is the relative inability of the people occupying the space to move out of harm's way such as K-12 schools,hospitals,nursing homes, and other similar uses. e-v.High intensity land uses which are characterized by a potential to attract dense concentrations of persons to an indoor or outdoor area,even for a limited period of time. Such uses include: 1. amusement parks,fairgrounds 2. box retail 3. convention/exhibit halls,major auditoriums,theaters 4. stadiums and arenas 5. temporary events attracting dense concentrations of people — fairs, circuses, carnivals, revival meetings, sports tournaments, conventions, but not including events for which exposure to aviation safety hazard is a well-know expectation (air shows, airport open houses,pilot meetings,etc.) ,Formatted:Font:8 pt i b. Land uses in Airport Land Use Compatibility Zones are further regulated as z cFormatted:Font:8 pt 1 follows: ' ',Formatted:Font:8 pt prohibited Uses Airport Land Use Compatibility Zones / / Formatted:Indent:First line: 1 ch i 1 2 3 4 5 6 - ,//� f Formatted:Font:8 pt i Single-family Residential • • C C • C -/s i ,Formatted:Font:8 pt „Maximum Density** n/a n/a 1 du/5 acres 1 du/ 2.5 acre n/a 1 du/2.5 acre .h i „Manufactured Housing Parks • • • • • • /�,�Formatted:Font:8 pt i ,Multi-family Residential • • • • • • / ,, f Formatted:Font:8 pt i Schools • • • • • • ' {Formatted:Font:8 pt i parks&Playgrounds • • • • • • -- {Formatted:Font:8 pt ,Hospitals • • • • • • nursing Homes • • • • • • ��{Formatted:Font:8 pt i paycare • • • • • • {Formatted:Font:8 pt i Churches • • • • • • — ,{Formatted:Font:8 pt i Hazardous Material Storage • • • • • ,Flammable Materials Storage • •• •• •• •• - _- Formatted:Font:8 pt ,Incinerators • • • • • • -- {Formatted:Font:8 pt Overhead utilities • • • • • • __---(Formatted:Font:8 pt Page 27 of 37 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\03-08-07\Staff recommend for hearing Draft Title 19 UDC 2-22-07.docP:\C t', Dcvclopmcnt\Development Rcoulationc\1 PC Rcommcndation Draftc\Staff recommend for h urine Draft Title 19 UDC 2 22 07.docP:\Community Dovolopmont\Dovolopmont Rogulationc\1 r'C Rcommondation Draftc\PC Rocommond Draft Title 19 1JDC.docP:\Community Development\Dcvclopmcnt Regulationc\Title 19 Zoning\Title 19 Updated 2 05 07.doc Pu"SPC Recommended Draft Title 19-Zoning Airport Land Use Compatibilit"Zones Prohibited Uses 1 2 3 4 5 6 --f Formatted:Font:8 pt ,High Intensity Uses • • • • • _ ---f Formatted:Font:8 pt • Prohibited Uses ---fFormatted:Font:8 pt ** Density limited {Formatted:Font:8 pt c. Avigation easements/title notice/covenant shall be required as a condition of the issuance of any permit for construction, reconstruction or expansion of any structure located within any Airport Land Use Compatibility Zone. 1 1,000_._ _ WY T. 3 2 3 S W 1 + v ra . y 2 •+ 6 5 5 6,00[7 —•-• -.-750' — u Source:California Airport Land Use Planning Handbook California Department of Transportation Division of Aeronautics,recommended by Washington Department of Transportation,Aviation Division. d. Substantial noise impacts (over 65 Ldn) at Felts Field are confined to airport property. In the event of changed conditions authenticated by the Spokane Airport Board, the following uses will be prohibited within areas where noise levels exceed 65 Ldn. i. School ii.Church iii.Hospital iv.Manufactured home Park v.Child day-care center vi. Nursing Home vii.Parks&Playgrounds e. Nothing in this chapter shall diminish the responsibility of project proponents to submit a Notice of Construction or Alteration to the Federal Aviation Administration if required in accordance with Federal Aviation Regulations Part 77,"Objects Affecting Navigable Airspace". 6. Non-Conforming Uses 4a.Regulations Not Retroactive - The regulations prescribed herein shall not bet----r Formatted:Indent:Left: 0.88",Numbered+Level:1+ construed to require the change of use, nor the removal or alteration of any Numbering Style:a,b,c,...+Start at:1+Alignment:Left+ structure or tree not conforming to the regulations as of the effective date of this Aligned at: 0.25"+Tab after: 0.5"+Indent at: 0.5",Tab ordinance, provided however that the owner of any existing non-conforming stops:Not at 0.5" structure or tree is required to permit the installation,operation,and maintenance of such markers and lights as shall be deemed necessary by the Director of Airport Operations. Page 28 of 37 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\03-08-07\Staff recommend for hearing Draft Title 19 UDC 2-22-07.docP:\C tR Dcvclopmcnt\Dcvclopmcnt Rcgulationc\1 PC Rcommcndation Drafts\Staff rccommcnd for h raring Draft Titic 10 UDC 2 22 07.docP:\Community Dovolopmont\Dovolopmont Roqulationc\1 PC Rcommondation Draftc\PC Rocommond Draft Titlo 19 1JDC.docP:\Community Dcvclopmcnt\Dcvclopmcnt Rcgulations\Titic 10 Zoning\Titic 10 Updatcd 2 05 07.doc Public HctaringPC Recommended Draft Title 19-Zoning 2 b.Nonconforming Uses Abandoned or Destroyed - Whenever the Director of Community Development determines that a legal non-conforming tree or structure has been abandoned ,destroyed or damaged .by more than more than 80% percent, no permit shall be issued or granted that would allow such use, __ --i Formatted:Font:Not Bold i structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations. 7.Permits&Variances a. No building permit shall be issued for any prohibited use, or for any structure or obstruction which exceeds the air hazard height restrictions adopted herein. b. An application for a permit for the construction of a building, structure, use, subdivision, short subdivision, binding site plan or other development located within the Airport Hazard Overlay Zone shall submit a site plan which includes the elevation of the site above mean sea level, and the height of any proposed structure. c. Additional notice: any building permit or land use action including plats, short plats, subdivisions and binding site plans within the airport hazard overlay zone shall contain the following notice: "Notice is herein provided that this property is located within the Airport Hazard Overlay Zone of the City of Spokane Valley, Washington,and is subject to restriction on height and use pursuant to SVMC 19.420.030 Airport Hazard Overlay Zone as it may be amended from time to time." d. Variances-Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use of property, not in accordance with the regulations prescribed herein may apply to the Spokane Valley Community Development Department for a variance, provided however that the application shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. A copy of the ." application shall be furnished to the Director of Airport Operations for review and comment. Final determination on the variance shall be made by the Hearing Examiner following notice and hearing. 19.110.040 Pipeline Hazard Overlay 1. The regulation of development, including construction, excavation or fill,or installation of roads and utilities is intended to ensure the safety health, safety and welfare of citizens and the protection of private property. 2. Pipeline hazard areas shall extend five hundred feet (500') from the centerline of any existing or future pipeline, whether or not such pipeline is located within a recorded easement or is included in a"blanket"or"open"easement. 3. The construction, excavation, fill or installation of underground utilities or drainage facilities within the area of pipeline hazard shall require consultation with the pipeline operator prior to the issuance of any permit. If applicable, the pipeline operator shall identify the location and depth of cover required to protect the pipeline. 4. No permanent or temporary accessory structures,retaining walls,patios,swimming pools, on-site waste disposal systems shall be permitted within twenty-five feet (25') of any pipeline. Page 29 of 37 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\03-08-07\Staff recommend for hearing Draft Title 19 UDC 2-22-07.docP:\C Dcvclopmcnt\Dcvclopmcnt Rcoulationc\1 PC Rcommcndation Draftc\Staff recommend for h urine Draft Title 19 UDC 2 22 07.docP:\Community Dovolopmont\Dovolopmont Rociulationc\1 r'C Rcommondation Draftc\PC Rocommond Draft Title 19 11DC.docP:\Community Dcvclopmcnt\Dcvclopmcnt Rcgulationc\Titic 19 Zoning\Titic 19 Updated 2 05 07.doc Public HooringPC Recommended Draft Title 19-Zoning 5. No permanent or temporary structures designed for human habitation or occupancy shall be located within fifty feet(50')of any pipeline. 6. Utility poles,guy wires or anchors shall not be placed within ten feet(10')of the pipeline. 7. For new construction, the City may require the lowering or relocation of the pipeline as a condition of the issuance of any permit. )0111111P. 110 Page 30 of 37 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\03-08-07\Staff recommend for hearing Draft Title 19 UDC 2-22-07.docP: Dcvclopmcnt\Dcvclopmcnt Rcoulationc\1 PC Rcommcndation Draftc\Staff recommend for h urine Draft Title 19 UDC 2 22 07.docP:\Community Dovolopmont\Dovolopmont Rociulationc\1 PC Rcommondation Draftc\PC Rocommond Draft Titlo 10 11DC.docP:\Community Dcvclopmcnt\Dcvclopmcnt Rcgulationc\Titic 19 Zoning\Titic 19 Updated 2 05 07.doc Public HooringPC Recommended Draft Title 19-Zoning 19.120. Permitted and Accessory Uses— See Appendix 19 A for the Schedule of Permitted Uses __-{Formatted:No underline 19.130 Site Plan Review 19.130.010 Site Plan Review. Site plan review is intended to ensure efficient and safe land development, compatible use of land, compliance with appropriate design standards, safe and efficient vehicular and pedestrian circulation,parking and loading,and adequate water supply,drainage,and other utilities. 19.130.020 Applicability. No building permit shall be issued for the following unless a site plan is first approved by the department: 1. Any commercial development; t---- Formatted:Indent:Left: 0.38",Numbered+Level:1+ Numbering Style:1,2,3,...+Start at:1+Alignment:Left+ 2. Any industrial development; Aligned at: 0.25"+Tab after: 0.5"+Indent at: 0.5",Tab 3. Any multi-family development that includes 3 or more units. stops: 0.63",List tab+Not at 0.5" 19.130.030 Criteria. Prior to approving any building permit,the department must find that the proposal: 1. Conforms with all applicable provisions of the SVMC and all other applicable law; t- Formatted:Indent:Left: 0.38",Numbered+Level:1+ Numbering Style:1,2,3,...+Start at:1+Alignment:Left+ 2. Conforms in all aspects to the provisions of any special conditions required by the Aligned at: 0.25"+Tab after: 0.5"+Indent at: 0.5",Tab department,hearing examiner or City Council;and stops: 0.63",List tab+Not at 0.5" 3. Is consistent with applicable sections of the City's comprehensive plan. 19.130.040 Site Plan Requirements. The site plan must be drawn to an acceptable scale as required by the department and shall include all necessary information as specified by the department. 19.130.050 Process. Site plan approval is classified as a Type I development application and shall be processed in accordance with SVMC Chapter 17.40. Page 31 of 37 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\03-08-07\Staff recommend for hearing Draft Title 19 UDC 2-22-07.docP:\C Dcvclopmcnt\Dcvclopmcnt Rcgulationc\1 PC Rcommcndation Draftc\Staff recommend for h aring Draft Title 19 UDC 2 22 07.docP:\Community Dovolopmont\Dovolopmont Rociulationc\1 PC Rcommondation Draftc\PC Rocommond Draft Title 19 11DC.docP:\Community Dcvclopmcnt\Dcvclopmcnt Rcgulationc\Titic 19 Zoning\Titic 19 Updated 2 05 07.doc Public HctaringPC Recommended Draft Title 19-Zoning 19.140 Administrative Exceptions 19.140.010 Purpose. An Administrative Exception may be considered only for adjustments necessary to correct errors resulting from the inadvertent and unintentional placement of structures or incorrect identification of lot boundaries in the following circumstances: a-1.Any dimensional requirement which does not exceed one(1)foot. ----- Formatted:Indent:Left: 0.38",Numbered+Level:1+ Numbering Style:1,2,3,...+Start at:1+Alignment:Left+ 2.Under the following conditions: Aligned at: 0.25"+Tab after: 0.5"+Indent at: 0.5",Tab a. A parcel established prior to March 31, 2003 that does not meet the buildable stops: 0.63",List tab+Not at 0.5"+ 0.75" square footage requirements for a parcel in a particular zoning district;or b. A legally non-conforming dwelling with respect to setbacks,height and size which otherwise could not be expanded or reconstructed;or c. A duplex constructed prior to March 31, 2003 that does not meet the minimum parcel size,which could not otherwise be reconstructed. 3. Yard setback requirements where the deviation is for ten percent (10%) or less of the required yard. 4. Building height requirements where the deviation is for twenty-five-percent(25%)or less of the maximum building height. Additional building height may be granted to the equivalent height of adjacent buildings in areas where the maximum building height is generally exceeded. 5. Minimum lot area requirements where the deviation is for twenty-five percent (25%)or less of the required lot area. 6. Maximum building coverage requirements where the deviation is for twenty-five percent (25%)or less of the maximum building coverage. 7. Lot width under the following circumstances: a. Lot width requirements where the deviation is for ten percent(10%)or less than------Formatted:Indent:Left: 0.88",Hanging: 0.25",Numbered the required lot frontagowidth. +Level:1+Numbering Style:a,b,c,...+Start at:1+ Alignment:Left+Aligned at: 0.5"+Tab after: 1"+Indent b. Lot width requirements where the deviation is greater than ten percent (10%) at: 1",Tab stops: 1.13",List tab+Not at 1" provided that the Department may require notice to affected agencies resulting in conditions of approval. 8. Up to one-half(1/2)of a private tower's"impact area"off of the applicant's property. 9. Flanking Street Yard setbacks,provided that: At the time the subject parcel was legally created the property was zoned under- Formatted:Indent:Left: 0.88",Hanging: 0.25",Numbered a zoning classification of the pre-January 1, 1991 Spokane County Zoning +Level:1+Numbering Style:a,b,c,...+Start at:1+ Ordinance, and subsequently on January 1, 1991 a new zoning classification Alignment:Left+Aligned at: 0.5"+Tab after: 1"+Indent from the Zoning Code of Spokane County, Washington was assigned to the at: 1",Tab stops:Not at 1" subject property;and 2,b.Exceed the required Flanking Street setback standards of the pre-January 1, 1991 Zoning classification of the subject property. 10. Any improved property rendered non-conforming through voluntary dedication of right-of- way,the exercise of eminent domain proceedings or purchase of right-of-way by the City, the County or State or Federal agency. Page 32 of 37 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\03-08-07\Staff recommend for hearing Draft Title 19 UDC 2-22-07.docP:\C Dcvclopmcnt\Dcvclopmcnt Rcgulationc\1 PC Rcommcndation Draftc\Staff recommend for h aring Draft Title 19 UDC 2 22 07.docP:\Community Dovolopmont\Dovolopmont Rociulationc\1 r'C Rcommondation Draftc\PC Rocommond DraftTitlo 19 11DC.docP:\Community Dcvclopmcnt\Dcvclopmcnt Regulationc\Title 19 Zoning\Title 19 Updated 2 05 07.doc Public HctaringPC Recommended Draft Title 19-Zoning 19.140.020 Approval Criteria. Criteria for approval or denial of applications shall be established by the Director if it is shown that: 1. The administrative exception does not detract from the character and nature of the.---"Formatted:Indent:Left: 0.38",Numbered+Level:1+ vicinity in which it is proposed; Numbering Style:1,2,3,...+Start at:1+Alignment:Left+ Aligned at: 0.25"+Tab after: 0.5"+Indent at: 0.5",Tab 2. The administrative exception enhances or protects the character of the neighborhood or stops: 0.63",List tab+Not at 0.5" vicinity by protecting natural features,historic sites,open space,or other resources; 3. The administrative exception does not interfere with or negatively impact the operations of existing land uses and all legally permitted uses within the zoning district it occupies; 4. Granting the administrative exception does not constitute a threat to the public health, safety and welfare within the city. 19.140.030 Process. An administrative exception is classified as a Type I permit and shall be processed pursuant to SVMC 17.40. )400" 41. 1110 Page 33 of 37 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\03-08-07\Staff recommend for hearing Draft Title 19 UDC 2-22-07.docP:\C t', Dcvclopmcnt\Dcvclopmcnt Rcgulationc\1 PC Rcommcndation Draftc\Staff recommend for h aring Draft Title 19 UDC 2 22 07.docP:\Community Dovolopmont\Dovolopmont Rogulationc\1 r'C Rcommondation Draftc\PC Rocommond Draft Titlo 19 11DC.docP:\Community Dcvclopmcnt\Dcvclopmcnt Rcgulationc\Titic 19 Zoning\Titic 19 Updated 2 05 07.doc Public HctaringPC Recommended Draft Title 19-Zoning 19.150 Conditional Use Permits 19.150.010 Purpose and Intent. The conditional use permit(CUP)procedure is to establish criteria for determining the conditions under which a use(s) is permitted within a zoning district. Certain uses because of their size, infrequent occurrence, special requirements, possible safety hazards or detrimental effects on surrounding properties and other similar reasons are classified as conditional uses. A conditional use is subject to specific review during which additional conditions may be imposed to assure compatibility of the use with other uses in the vicinity. A request for a CUP may be denied where it cannot be clearly demonstrated that the requested use will be compatible with other permitted uses in the vicinity of the proposed conditional use. 19.150.020 Permit Classification. CUPs are classified as Type III permit applications and shall be processed pursuant to SVMC Chapter 17.40. 19.150.030 Conditions and Requirements. The following conditions and requirements shall pertain to requested CUPs: 1. In approving a CUP, the hearing examiner may stipulate restrictions and conditions.---"Formatted:Indent:Left: 0.38",Numbered+Level:1+ including but not limited to the following: Numbering Style:1,2,3,...+Start at:1+Alignment:Left+ Aligned at: 0.25"+Tab after: 0.5"+Indent at: 0.5",Tab a. Control of use; stops: 0.63",List tab+Not at 0.5" b. Provision for front, side, or rear yard setbacks greater than the minimum standards of the zoning district within which the subject property is located; c. Special landscaping,screening,fencing,signing,off-street parking,public transit, and/or high occupancy vehicle facilities or any other general development standards; d. Requiring street dedications and/or roadway and drainage improvements necessary as a result of the proposed use; e. Control of points of vehicular ingress and egress; f. Control of noise,vibration,odor,glare,and other environmental considerations; g. Control of operating hours; h. Duration or time limitations for certain activities;and/or i. Any other reasonable restrictions, conditions, or safeguards that will uphold the spirit and intent of the SVMC and the comprehensive plan and mitigate any adverse impact upon the adjacent properties by reason of use, extension, construction,or alteration allowed. 2. A CUP may be suspended or revoked if,after a public hearing with notice as provided in SVMC Chapter 17.40, the hearing examiner finds that a grantee or their successors in interest fail to comply with the conditions or restrictions included in the CUP. Page 34 of 37 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\03-08-07\Staff recommend for hearing Draft Title 19 UDC 2-22-07.docP:\C tt; Dcvclopmcnt\Dcvclopmcnt Rcgulationc\1 PC Rcommcndation Draftc\Staff recommend for h aring Draft Title 19 UDC 2 22 07.docP:\Community Dovolopmont\Dovolopmont Roqulationc\1 r'C Rcommondation Draftc\PC Rocommond Draft Titlo 19 11DC.docP:\Community Dcvclopmcnt\Dcvclopmcnt Regulationc\TitIc 19 Zoning\Title 19 Updated 2 05 07.doc Public HooringPC Recommended Draft Title 19-Zoning 19.160 Temporary Use Permits 19.160.010 Purpose and Intent. It is the intent of this chapter to regulate certain temporary uses of property which are not otherwise regulated by other city ordinances or regulations. 19.160.020 Permit Classification. Temporary use permits(TUPs)are classified as a Type I permit and shall be processed pursuant to the provisions of SVMC Chapter 17.40. 19.160.030 Temporary Use—Types. The Department may issue a TUP for the following types of temporary uses as permitted under this chapter: a-1.Interim uses. The Department may issue a temporary and revocable permit to allow ant-----Formatted:Indent:Left: 0.38",Numbered+Level:1+ owner, developer, contractor, tenant, lessee, or other occupant to conduct an otherwise Numbering Style:1,2,3,...+Start at:1+Alignment:Left+ permitted use on their property at the same time they are improving the property to the Aligned at: 0.25"+Tab after: 0.5"+Indent at: 0.5",Tab required city standards pursuant to the following conditions. stops: 0.63",List tab+Not at 0.5" a. The TUP may be issued for a period up to six (6)months and may be extended for an additional three(3)months if the applicant has acted in good faith towards compliance of the original permit. b. The Department may issue the permit only if the proposed use is consistent with the following findings of fact: i. The request is reasonable and there is no other practical alternative; ii. Adverse impacts associated with the temporary use are appropriately mitigated and such temporary use will not cause a hazard to the occupants or to neighboring properties; iii. A hardship is involved that cannot otherwise be reasonably resolved;and iv. A performance bond in the amount of any required improvements shall be posted guaranteeing the completion of the project. la,2.Seasonal uses. The Department may issue a temporary and revocable permit to allow.---- Formatted:Indent:Left: 0.38",Numbered+Level:1+ sales of seasonal goods in any nonresidential zone for a period not to exceed six (6) Numbering Style:1,2,3,...+Start at:1+Alignment:Left+ months in any twelve(12)month period. The use need not meet the standards normally Aligned at: 0.25"+Tab after: 0.5"+Indent at: 0.5",Tab associated with a permanent use provided the Department finds that the temporary use is stops: 0.63",List tab+Not at 0.5" consistent with the following: a. The use must be consistent with the permitted uses in the zone; b. The use must be an appropriate use of the property pending the permanent long term use; c. The use will not result in significant traffic, parking, drainage, fire protection, or other adverse impacts that cannot be appropriately mitigated;and d. The use must provide a sanitary facility if the Department determines it is necessary to do so. e. Failure to comply the conditions of the permit shall result in suspension or revocation of the TUP. e3.Temporary uses associated with construction permits. The Department may issue a temporary and revocable permit for activities associated with construction projects, Page 35 of 37 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\03-08-07\Staff recommend for hearing Draft Title 19 UDC 2-22-07.docP:\C Dcvclopmcnt\Dcvclopmcnt Rcgulationc\1 PC Rcommcndation Draftc\Staff recommend for h aring Draft Title 19 UDC 2 22 07.docP:\Community Dovolopmont\Dovolopmont Rociulationc\1 PC Rcommondation Draftc\PC Rocommond Draft Title 19 11DC.docP:\Community Dcvclopmcnt\Dcvclopmcnt Rcgulationc\Titic 19 Zoning\Titic 19 Updated 2 05 07.doc Public HctaringPC Recommended Draft Title 19-Zoning including but not limited to equipment storage yards,job shacks,materials storage yards, or living quarters, which are not otherwise permitted outright by city ordinances or regulations. The Department may issue a TUP if it is found that the proposal is consistent with the following findings of fact: a. The use would not pose a hazard or be a detriment,physical or otherwise,to the surrounding area; b. The use will not result in significant traffic, parking, drainage, fire protection or other adverse impacts; c. The temporary use shall be reviewed every six months to determine if the temporary use is still valid,if not the department shall terminated the TUP; d. The temporary use shall be vacated upon completion of the associated construction project or as determined by subsection(3)(c)above. 19.160.040 Conditions. The Department may include any conditions deemed necessary in order to reasonably mitigate any adverse impacts anticipated from a requested TUP. 4111. 110 Page 36 of 37 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\03-08-07\Staff recommend for hearing Draft Title 19 UDC 2-22-07.docP:\C Dcvclopmcnt\Dcvclopmcnt Rcgulationc\1 PC Rcommcndation Draftc\Staff recommend for h urine Draft Title 19 UDC 2 22 07.docP:\Community Dovolopmont\Dovolopmont Rociulationc\1 PC Rcommondation Draftc\PC Rocommond Draft Titlo 19 11DC.docP:\Community Dcvclopmcnt\Dcvclopmcnt Rcgulationc\Titic 19 Zoning\Titic 19 Updated 2 05 07.doc Public HctaringPC Recommended Draft Title 19-Zoning 19.170 Variances 19.170.010 Purpose. A variance is a mechanism by which the city may grant relief from the provisions of the Uniform Development Code where practical difficulty renders compliance with the provisions of the UDC an unnecessary hardship, where the hardship is a result of the physical characteristics of the subject property and where the purpose of the UDC and of the comprehensive plan can be fulfilled upon granting of the variance. 19.170.020 Permit Classification. Variances are classified as a Type Ill permit and shall be processed pursuant to the provisions of SVMC 17.40. 19.170.030 Decision Criteria. The hearing examiner may approve or approve with modifications an application for a variance from the provisions of the zoning code if: 1. The variance for the subject property will not constitute a grant of special privilege.---- Formatted:Indent:Left: 0.38",Numbered+Level:1+ inconsistent with the limitation upon uses of other properties in the vicinity and the zone Numbering Style:1,2,3,...+Start at:1+Alignment:Left+ in which the property is located;and Aligned at: 0.25"+Tab after: 0.5"+Indent at: 0.5",Tab stops: 0.63",List tab+Not at 0.5" 2. The variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the land use zone in which the subject property is located;and 3. The granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located;and 4. The special circumstances of the subject property make the strict enforcement of the provisions of this code an unnecessary hardship to the property owner;and 5. The special circumstances of the subject property are not the result of the actions of the applicant or a predecessor in interest;and 6. The variance is the minimum necessary to fulfill the purpose of a variance and the need of the applicant;and 7. The variance is consistent with the purpose and intent of the zoning code;and 8. The variance is in accord with the comprehensive plan. 19.170.040 Limitation on Authority. The hearing examiner may not grant a variance to: a-1.The provisions of regulations establishing the allowable uses in each land use zone;or •---"Formatted:Indent:Left: 0.38",Numbered+Level:1+ Numbering Style:1,2,3,...+Start at:1+Alignment:Left+ b2.Any procedural or administrative provisions of the Spokane Valley Municipal Code;or Aligned at: 0.25"+Tab after: 0.5"+Indent at: 0.5",Tab e-3.Any provision of the zoning code which, by the terms of that code, is not subject to a stops: 0.63",List tab+Not at 0.5"+ 1.25" variance. 19.170.050 Time Limitation. Page 37 of 37 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\03-08-07\Staff recommend for hearing Draft Title 19 UDC 2-22-07.docP:\C t', Dcvclopmcnt\Dcvclopmcnt Rceulationc\1 PC Rcommcndation Draftc\Staff recommend for h arine Draft Title 19 UDC 2 22 07.docP:\Community Dovolopmont\Dovolopmont Rogulationc\1 r'C Rcommondation Draftc\PC Rocommond Draft Titlo 19 11DC.docP:\Community Dcvclopmcnt\Dcvclopmcnt Rcgulationc\Titic 19 Zoning\Titic 19 Updated 2 05 07.doc Public HctaringPC Recommended Draft Title 19-Zoning A variance automatically expires and is void if the applicant fails to obtain a building permit or other necessary development permit and substantially completes improvements allowed by the variance within 18 months of the effective date of the variance. 19.170.060 Time Extension. Upon application of the property owner, the hearing examiner may extend a variance, not to exceed one year,if: 1. Unforeseen circumstances or conditions necessitate the extension of the variance;and .---- Formatted:Indent:Left: 0.38",Numbered+Level:1+ 2. Termination of the variance would result in unreasonable hardship to the applicant, and Numbering Style:1,2,3,...+Start at:1+Alignment:Left+Aligned at: 0.25"+Tab after: 0.5"+Indent at: 0.5",Tab the applicant is not responsible for the delay;and stops: 0.63",List tab+Not at 0.5" 3. The extension of the variance will not cause substantial detriment to existing uses in the immediate vicinity of the subject property. 4111. 110 Page 38 of 38 P:\Community Development\07 Planning Commission\01 Previous Years PC Meetings\2007 Meetings-Planning Commission\03-08-07\Staff recommend for hearing Draft Title 19 UDC 2-22-07.docP:\C t', Dcvclopmcnt\Dcvclopmcnt Rcgulationc\1 PC Rcommcndation Draftc\Staff recommend for h urine Draft Title 19 UDC 2 22 07.docP:\Community Dovolopmont\Dovolopmont Rogulationc\1 r'C Rcommondation Draftc\PC Rocommond Draft Titlo 19 11DC.docP:\Community Dcvclopmcnt\Dcvclopmcnt Regulationc\Title 19 Zoning\Title 19 Updated 2 05 07.doc Uniform Development Code Title 24 200 i;a\ s Roof framing Nonballearing mimakh, � . ��� !Ceiling joists • The city's building code is currently located in a section of Title 10 of the Floor •="fra ming Spokane Valley Municipal Code • New format locates the Building Code in its own Title— Title 24 Load-bearing :3Unclatiec'nwalls nd footing Why Adopt the State Building Code Again ? The State Building Code Council reviewed , amended , and adopted the 2006 International Building Codes which becomes effective July 1 , 2007 Format Changes ❑All code adoptions now found in section 24 .40 . 020 and identified as State adopted codes , where appropriate ❑ Located all local amendments in section 24 .40 . 030 : mostly administrative : fees, permit expiration , local design criteria , process details ❑ Grading code located in section 24 .50 Summary of Changes ➢ No substantive changes—reformatted current municipal code language—no new local requirements ➢ Eliminated language already contained in the statute or the body of the State Codes ➢ Replaced the 1997 Uniform Code for the Abatement of Dangerous Buildings 1997 Uniform Code for the Abatement of Dangerous Buildings ( UCADB ) ____ UCADB was outdated and no longer maintained by the model code organization ➢ Adoption of the International Existing I" Building and Property Maintenance Codes with local amendments effectively replaced the UCADB International Property Maintenance Code ( IPMC) ➢ Added local definitions for "blight" and "drug" properties to IPMC ➢ Eliminated "appearance" related regulations from the IPMC Works in conjunction with the International Existing Building Code to provide a coordinated approach to code compliance issues orW Any Questions ? G ITYHALL@SPOKANF'� 7! • . "\ Department of Community Development 400 Planning Division Title 19 - Zoning Planning Commission PUBLIC HEARING February 22, 2007 •�"\ G ITYHA L L@ S POKA N F' Department of Community Development :: Valle Planning Division, Major Components • Establishes zoning districts •:4 R-1 — Single-family Residential Estate •: R-2 — Single-family Suburban •:` R-3 — Single-family Urban •:® MF-1 — Multi-family Medium Density + MF-2 — Multi-family High Density •: MUC — Mixed Use Center •: CMU — Corridor Mixed Use + CC — City Center + GO — Garden Office •• O — Office •: NC — Neighborhood Commercial •: C — Community Commercial •:® RC — Regional Commercial ❖ I-1 — Light Industrial •: 1-2 — Heavy Industrial •: CF — Community Facilities GITYHALL@SPOIfANF' Department of Community Development �1• Planning Division 4 a _ Major Components xcon3t) •®• Non-conforming provisions •®• Supplemental residential zoning district regulations ❖Accessory residential structures ❖ Manufactured Homes and Manufactured Home Parks ❖ Home Occupations ❖Animal raising and keeping ❖ Planned Residential Development (PRD) •®• Supplemental non-residential zoning district regulations ❖ Essential Public Facilities (EPF's) GITYHALL@S POIfANF' r„o� ane Department of Community Development �1• Planning Division a .. Major Components (con 't) ❖ Special Overlay Zones Medical Office (reserved) Auto Row (reserved) ❖ Airport Hazard •�• Pipeline Hazard Permitted and Accessory Uses ❖ Site Plan Review ❖ Administrative Exception ❖ Conditional Use Permits ❖ Temporary Use Permits ❖ Variances GITYHALL@SPOIfANF' snnr„�� •� Department of Community Development �1• Planning Division a y; Nonconforming Uses + Policy Issues — Allow expansion on site Allow expansion on adjacent property Rebuild provision ❖ Discontinued use for more than 12 months ❖ Replace with another nonconforming use Department of Community Development Planning Division Supplemental Residential Regulations + Accessory structures ❖ Limit of 10% of lot size — no minimum + Manufactured Homes ❖ New standards include set on foundation, pitched roofs, etc. + Home Occupations ❖ Eliminates the Home Industry provision ❖ Allows Home Occupations to occupy accessory structures ❖ Typical development standards Department of Community Development SiMane4, i" Planning Division .,.,._ Supplemental Residential Regulations (con't) ❖Animal raising & keeping ❖Minimum lot size — 40,000 sq. ft. ❖Limit on animals — 3 large animals per acre or 6 smaller animals per acre ❖ Small animals/fowl — 1 per 3 ,000 sq. ft. gross lot ❖Additional structure setbacks ( 10') for structures housing animals or poultry *dine Department of Community Development � 4.0.0Ua11' Planning Division Planned Residential Development (PRD) ❖Purpose — allows flexibility in design, preserve critical areas, variety of housing types ❖Permitted Uses — Underlying zoning district. Larger PRD 's ( 10 acres) Neighborhood Commercial uses allowed. ❖Development standards. ❖ Open space requirements (30%) Department of Community Development SiMane 40001" Planning Division ❖ Essential Public Facilities — regional process ••• Special Overlay Zones ❖ Medical Office (reserved) ❖ Auto Row (reserved) ❖ Airport Hazard — no changes ❖ Pipeline Hazard — delineation of areas, notification requirements ❖ Permitted/Accessory Use Charts ❖ No changes since last discussion ❖ Land Use Permits ❖ Site Plan Review ❖ Administrative Exception ❖ Conditional Use Permits ❖ Temporary Use Permits ❖ Variances Department of Community Development — sokane ��Va�le Planning Division .- Questions?