Agenda 04/12/2007 SPOKANE VALLEY PLANNING COMMISSION AGENDA
Council Chambers - City Hall 11707 E. Sprague Avenue
April 12, 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, Zoning Codes, Schedule of Permitted uses
Continued Public Hearing —Title 22, Dimensional Standards
New Business —
X. FOR THE GOOD OF THE ORDER
XI. 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
PC Recommended Draft Uniform Development Code 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 ®®®®®®
MF-1 - Multi-family Medium Density Residential District
MF-2 - Multi-family High Density Residential District
MUC - Mixed Use Center District. ,:i®®®1,..
CMU -Corridor Mixed Use District ®�-
CC - City Center District
GO -Garden Office District
O -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.
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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. The process for establishing and interim zoning district
shall meet the requirements of RCW 36.70.795. 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
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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 and Structures.
1. Applicability
Legal non-conforming uses and structures include:
a. Any use, which does not conform with the present regulations of the zoning
district in which it is located shall be deemed a non-conforming use if it was in
existence and in continuous and lawful operation prior to the adoption of these
regulations; or
b. Any permanent structure in existence and lawfully constructed at the time of any
amendment to this Code, which 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. Any use, permanent structure lawfully used or constructed that was in existence
at the time of annexation into the City and which has since been in regular and
continuous use or
d. The provisions of this chapter do not apply to structures or uses deemed non-
conforming only pursuant to the Shoreline Management Act (RCW 90.58) and
the Spokane Valley Shoreline Master Program (SVMC 21.50).
2. Continuing Lawful Use of Property
a. The lawful use of land at the time of passage of this Code, or any amendments
hereto, may be continued; unless the use is discontinued or abandoned for a
period of twelve consecutive months. The right to continue the non-conforming
use shall inure to all successive interests in the property. It is specifically
provided however, that any non-conforming use discontinued as a result of
foreclosure or judicial proceedings, including probate, shall be permitted to
continue for a period not to exceed twenty-four months. Discontinuance of a
non-conforming use shall commence on the actual act or date of discontinuance.
®® b. A non-conforming use that is abandoned or discontinued shall not be replaced
with another non-conforming use.
c. A non-conforming use which has not been abandoned or discontinued may be
®®®®� replaced with the following:
®®®®� i. A conforming use; or
Another non-conforming use, provided that the new use is not less
conforming than the prior use. This determination will be made by the
®®®®� Director based on the NICS codes; and
The proposed use places no greater demand on transportation and other
public facilities than the original use; and
iv. The proposed use does not adversely affect or interfere with the use of
neighboring property.
d. A non-conforming use may be expanded only within the boundaries of the
original lot or tract and any adjacent lot or tract that was under the same
ownership as the lot or tract at the time the use on the original lot or tract became
non-conforming if:
i. The expanded use places no greater demand on transportation and
other public facilities than the original use; and
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ii. The expanded use does not adversely affect or interfere with the use of
neighboring property; and
iii. Any transfer of ownership or interest on adjacent lots or tracts was made
contemporaneously with the transfer of ownership of the lot or tract on
which the non-conforming use is located as part of a single transaction;
and
iv. The expansion does not create additional development opportunities on
adjacent tracts that would not otherwise exist.
e. Residential lots made nonconforming relative to lot size, lot depth, setbacks and
width shall be deemed in conformance with this Code, as long as the use of the
lot is allowed in the respective district.
f. Non-conforming uses that do not provide the required number of off-street
parking spaces pursuant to current standards shall not be considered as
nonconforming
g. Any non-conforming use damaged by fire, flood neglect or act of nature may be
replaced if:
i. Restoration of the use is initiated within twelve months, and
ii. The damage represents less than 80% of market value.
h. Any non-conforming use changed to a conforming use shall not be permitted to
convert to a non-conforming use. -
3. Non-Conforming Structures. ®®®®®®®
Expansion of a non-conforming structure is allowed-inaccordance with the following:
a. The expansion or alteration does not change the occupancy classification under
adopted building codes; and , .
b. The expansion or alteration does not create additional nonconformity with
respect to building setbacks or lot coverage; and
c. The number of dwelling units in a non-conforming residential structure does not
increased so as to exceed the number of dwelling units permitted within current
regulations.
d. Off-street loading and/or parking, stormwater detention and landscaping shall be
provided for the alteration or expansion in accordance with current provisions.
e. Any non-conforming structure damaged by fire, flood, neglect or act of God may
be replaced if:
i. Restoration of the structure is initiated within twelve months; and
ii. The damage represents less than 80% of market value of the structure.
4. 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.
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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.
19.40 District Purpose & Supplemental Use Regulations Residential Zones
19.40.010. General Provisions
1. No principal or accessory structure shall be located within the Clearview triangle (SVMC
22.70).
2. In the districts where the height of buildings is restricted to thirty-five feet, cooling towers,
roof gables, chimneys and vent stacks may extend for an additional height, not to exceed
forty (40) feet, above the average grade line of the building. Water stand pipes and tank,
church steeples, domes and spires and school buildings and institutional buildings may be
erected to exceed maximum height requirements, provided that one (1) additional foot
shall be added to the width and depth of front, side and rear yards for each foot that such
structures exceed the required height.
3. No structure may be erected to a height in excess of that permitted by applicable Airport
Hazard zoning regulations.
19.40.020 Residential Standards
1. Residential development shall meet the minimum area and setback requirements, and
maximum lot coverage and building height requirements shown in Table 19.40-1.
a. In zero lot line developments approved as part of a Planned Residential
Development, zero setbacks along one side are allowed, provided a 2'-0"
maintenance easement is recorded as part of the subdivision plat.
i. Attached single-family dwellings, including duplexes and townhouses
located on individual lots, shall meet minimum rear, front and side yard
requirements (where applicable), minimum area requirements, and
maximum lot coverage and building height requirements shown in Table
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19.40-1. . Townhouses are subject to the following requirements: No
more than six(6)dwelling units shall be attached in one continuous row
or group
ii. No town house unit shall be constructed above another town house unit.
iii. There shall be a side yard on each side of a contiguous row or group of
dwellings of not less than six(6)feet.
iv. Townhouses included in a condominium development may limit the lot to
the building footprint, provided that the yard area shared in common with
all units is equivalent in area to the yard required by the underlying zone.
2. All residential driveways and off-street parking areas shall be paved with asphalt,
Portland cement, Grasscrete, paver blocks or equivalent hard surface material.
3. Front Yards.
a. Front and side yards in residential zones adjacent to public or private streets shall
be set back in accordance with Table 19.40-1. The setback shall be measured
from the property line unless a border easement has been established on the
property. In cases where a border easement exists, the setback shall be
measured from the border easement.
b. Where lots have double frontage, running through from one street to another, the
required front yard shall be provided on both streets.
c. Every part of a required yard shall be open and unobstructed except for permitted
accessory structures, and the ordinary projections of window sills, belt courses,
cornices and other architectural features projecting not more than twelve inches
(12")and roof eaves projecting not more than twenty-four inches (24").
d. No supporting member of any garage, carport or other automobile storage
structure shall be located within the required front yard or within the required yard
on a flanking street.
4. Side & Rear Yards.
No accessory building or structure may erected within five (5) feet of any rear or side
property line, or be located within any public or private easement.
Table 19.40-1 Residential Zone Dimensional Standards(in feet)
R-1 R-2 R-3 MF-1 MF-2 PRD
Lot Area/Dwelling Unit 25,000 7,500 6,000 3,600 2,000 Underlying
zone
Lot Width 80 65 50 50 20 30
Lot Depth 100 90 80 80 80 50
Front & Flanking Street Yard
Setback(2) 35 15 15 15 15 15
F Garage Setback(2) 35 20 20 20 20 20
Rear Yard Setback(1) 20 20 20 10 10 15
Side Yard Setback(I) 5 5 5 5 5 5
Open Space 10%gross area
F Lot Coverage 30.0% 50.0% 55.0% 60.0% 65.0% 60.0%
kl Building Height(in feet) 35 35 35 40 50 Underlying
2 Zone
(I) No accessory structure shall be located in the front or flanking street yard, and shall be
setback not less than five feet(5'-0")from any side or rear yard.
(2) Attached garages, where the garage door does not face the street, may have the same
setback as the principal structure.
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5. Required open space shall be accessible to all residential units and shall be suitable for
active and passive recreational purposes, subject to the following:
a. Open space shall not include required yards, parking areas, required landscaped
areas or required spacing between structures.
b. The amount of open space may be reduced by up to 25% where at least two (2)
of the following amenities are provided:
i. Play or sports courts;
ii. Playgrounds with equipment;
di. Trails or pedestrian walkways not required for access to residential units
or parking areas;
iv. Swimming pools;
v. Gazebos; or
vi. Clubhouses.
c. Where stormwater facilities are of sufficient size and designed as amenities, the
required open space may be reduced by an additional twenty-five percent (25%).
d. In no event shall the amount of required open space be reduced by more than
50%.
e. Facilities and equipment, for which credit is requested, where provided, shall
generally meet all requirements for handicap access.
19.40.030 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 19.40
19.40.040 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 19.40
Supplemental Permitted Use Regulations
1. R-2 allows any use permitted in R-1 subject to the requirements of 19.40.080 Residential
Accessory Use regulations.
19.40.050 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 19.40.080,
Residential Accessory Use regulations.
19.40.060 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
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1. MF-1 allows any use permitted in "R-3" subject to the requirements of 19.40.080,
Residential Accessory Use regulations.
19.40.070 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 19.40.080,
Residential Accessory Use regulations.
19.40.080 Residential Accessory Uses & Structures
1. Except for the air conditioning compressors of detached single-family residential,
cooling towers and similar accessory structures are required to observe all front, side
or rear yards.
2. The combined building footprint of all accessory permanent structures in residential
zoning districts, including a detached accessory apartment dwelling, shall not exceed
10% of the lot area.
3. The vertical wall of an in-ground swimming pool shall be located behind front building
setback lines and at least five feet from the property line. All pools must be secured in
accordance with the requirements of the adopted building regulations. Temporary
fencing is required during excavation.
19.40.090 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.
®®®l 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
iii1i. 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.
19.40.100 Other Accessory Structures
1. Tower, Private (Ham Operator) provided:
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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)
of the tower's impact area in distance may be administratively approved if located
on adjacent 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.
2. 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;
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
11: recorded an easement(s)for all property in the tower's impact area.
®®®®�
®®®®� e. Before issuance ofa 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 'iPManufactured 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:
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
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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
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.
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.
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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:
1. The lot or tract must exceed 40,000 square feet in area; and
2. The keeping of swine are not permitted.
3. Bee-keeping for non-commercial purposes is limited to ten hives.
4. 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
5. 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;
6. The keeping of animals and livestock is limited as follows::
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 a. and b above; and
7. 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.
8. Structures, pens, yards, enclosures, pastures and grazing areas shall be kept in a clean
and sanitary condition.
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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
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
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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.
8. All streets shall be designed and constructed to public street standards.
9. Off-street parking shall be provided in accordance with SVMC 22.60.
10. Secondary use limitations.
s,,,t‘
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.
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
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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:
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
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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.
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
p
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;
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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
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.
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19.60 District Purpose & Supplemental Use Reciulations Commercial, Office &
Mixed Use Zones
19.60.010 General Requirements.
1. Non-residential development shall meet the maximum and building height requirements
shown in Table 19.60-1.
2. Parking areas shall be paved and landscaped in accordance with SVMC 22.50.
Table 19.60-1 Office Commercial Mixed Use Industrial
a
b GO 0 NC C RC CC' CMU* MUC* I1 12
Minimum Front Yard 20 20 20 20 20 20 20 20 20 20
Setback
Minimum Side and Rear
Yard adjacent to 20 20 20 20 20 20 20 20 35 35
nEsidential
Maximum Building 45 100 35 35 100 Unlimited 50 60 40 65
Ffeight(in feet)
—e
pt as otherwise required
19.60.020 "GO" Garden Office District
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
1. Convenience Store:
a. Exterior loudspeakers, public address systems or similar audio equipment shall not
be permitted.
b. The proposed location shall be directly adjacent to at least a principal or minor
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, except housing
provided as part of an institutional "continuum of care" concept to encourage independent
living.
3. Mobile food vendors shall be located on within designated areas which do not interfere with
parking or internal circulation, with permission of the property owner, health certificate and
permit.
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.
5. New office development exceeding three stories in height shall be provided with paved rear
service alleys not less than sixteen (16)feet in width.
6. All new office development shall provide for shared access with adjacent properties.
19.60.030 "0" Office District
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The Office designation is intended primarily for medium to high-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. 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 Use Regulations
1. Any use allowed in "GO" — Garden Office is allowed in the "0" Office District and
subject to the same limitations.
2. New office development exceeding three stories in height shall be provided with paved
rear service alleys not less than sixteen (16) feet in width.
3. All new office development shall provide for shared access with adjacent properties.
19.60.040 "NC", Neighborhood Commercial District
The Neighborhood Commercial is intended to provided a limited number of commercial goods and
services to surrounding residential neighborhoods.
Supplemental Permitted Use Regulations
1. Animal Clinic/Veterinary limited to small animals.
2. Carwash limited to a single bay.
3. Grocery or Specialty Food Store limited to no more than 25,000 square feet of net retail
space. �- ��� 4..
4. Mobile food vendors with permission of the property owner, health certificate and
permit.. ®®®®®®®
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.
7. New commercial development exceeding 60,000 square feet shall be provided with
paved rear service alleys not less than sixteen (16)feet in width.
8. New commercial development shall provide for shared access with adjacent properties.
19.60.050 "C", Community Commercial District
The community commercial classification designates areas for retail, service and office
establishments intended to serve several neighborhoods. Community Commercial areas should
not be larger than 15-17 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.
Supplemental Permitted Use Regulations
1. Kennels provided that:
a. There are no outside runs or areas;
b. The structure(s) housing animals is adequately soundproof to meet the
requirements of WAC 173.060;
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c. One (1) parking stall provided for every ten (10) animal confinement areas; and
d. Compliance with noise standards for a commercial noise source as identified by
WAC 173-60-040 has been demonstrated by the applicant.
2. Wind Turbine Support Tower provided the provisions of SVMC 19.40.080 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.
4. New commercial development exceeding 60,000 square feet shall be provided with paved
rear service alleys not less than sixteen (16) feet in width.
New commercial development shall provide for shared access with adjacent properties.
19.60.060 "RC", Regional Commercial District
The Regional Commercial designation allows a large range of commercial and business uses.
Community Design Guidelines address design quality, mixed-use, and the integration of auto,
pedestrian, and transit circulation.
Supplemental Permitted Use Regulations
1. Caretaker dwelling unit limited to custodial, maintenance, management or security
of a commercial property.
2. All storage in the RC district shall be within an enclosed building or within an area
screened by a Type I screen consistent with the provisions of SVMC 22.80.030,
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.
Automobiles, recreational vehicles, machines and other items normally displayed
for sales purposes on an open lot may be so displayed.
3. New commercial development exceeding 60,000 square feet shall be provided with
paved rear service alleys not less than sixteen (16) feet in width.
4. New commercial development shall provide for shared access with adjacent
properties.
19.60.070 "MUC", Mixed Use Center District
The Mixed Use Center designation allows two or more uses on a site that can either be vertically
or horizontally mixed and includes employment, lodging, retail along with higher density
residential uses.
1. Supplemental Permitted Use RegulationsThe outdoor storage provisions contained
in SVMC 19.60.050(2) shall apply to the MUC district.
2. Front & flanking street yard setbacks shall be 20 feet, except as otherwise
provided.
3. Projects with residential component shall provide 210 square feet of open space
per dwelling unit .conforming to the requirements of 22.40.020(7) and eligible for
reduction for improvements on the same basis, provided that:
a. The requirement does not apply to the development of less than ten new dwelling units;
b. Additional open space is not required for residential development located within 1,300
feet of a public park;
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c. Money in-lieu of land may be provided for the development of public parks and open
spaces to meet the needs of residents at a rate to be determined by the City Council on
an annual basis.
19.60.080 "CMU", Corridor Mixed Use District
The Corridor Mixed Use designation is intended to enhance travel options, encourage
development of locally serving commercial/retail uses, higher density residential, lodging and
offices along major transportation corridors.
Supplemental Permitted Use Regulations
1. The outdoor storage provisions contained in SVMC 19.60.050(2) shall apply to the
CMU district.
2. Front&flanking street yard setbacks shall be 20 feet, except as otherwise provided.
3. Projects with residential component shall provide 210 square feet of open space per
dwelling unit .conforming to the requirements of 22.40.020(7) and eligible for reduction
for improvements on the same basis, provided that:
d. The requirement does not apply to the development of less than ten new dwelling units;
e. Additional open space is not required for residential development located within 1,300
feet of a public park;
f. Money in-lieu of land may be provided for the development of public parks and open
spaces to meet the needs of residents at a rate to be determined by the City Council on
an annual basis.
19.60.090 "CC", City Center District
The City Center designation is intended to create a higher density designation where office, retail,
government and residential uses are concentrated.
Supplemental Permitted Use Regulations
1. Front & flanking street yard se backs shall be 20 feet, except as otherwise
provided.
2. Projects with residential component shall provide 210 square feet of open space
;per dwelling unit .conforming to the requirements of 22.40.020(7) and eligible for
reduction for improvements on the same basis, provided that:
a. The requirement does not apply to the development of less than ten new
®®®®� dwelling units;
®®®®° b. Additional open space is not required for residential development located
within 1,300 feet of a public park;
c. Money in-lieu of land may be provided for the development of public parks
®- and open spaces to meet the needs of residents at a rate to be determined
t by the City Council on an annual basis.
19.60.100 "CF", Community Facilities District
The "CF" Community Facilities District designation is intended to protect and 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".
Supplemental Regulations
1. The design standards applicable to property zoned CF shall be those of the
adjacent property, provided that where the CF property is adjacent to more than
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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.
1111111
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19.70 District Purpose & Supplemental Use Reciulations- 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.
Supplemental Regulations
1. The outdoor storage provisions contained in SVMC 19.60.060(2) shall apply to the I-1
district.
2. Mobile food vendors shall be located on within designated areas which do not interfere with
parking or internal circulation, with permission of the property owner, health certificate and
permit. 41ii
3. Setbacks:
a. Front&flanking street yard setbacks shall be twenty (20)feet.
b. Side and rear yard setbacks of thirty-five (35) feet are required only adjacent to
residential zoning districts.
19.70.020 "I-2" Heavy Industrial District
Heavy Industrial designated property is characterized by intense industrial activities which include
manufacturing, processing, fabrication, assembly, freight handling and similar operations. Heavy
industry may have significant noise, odor or aesthetic impacts.
Supplemental Regulations ®®®®®®®�-
1. 1-2 allows any use permitted in the I-1 zoning district, except as specifically provided in Appendix
19-A. 2. Mobile food vendors shall be located on within designated areas which do not
interfere with parking or internal circulation, with permission of the property owner, health
certificate and permit.
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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.
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
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f. MUC- Mixed Use Center District
g. CMU -Corridor Mixed Use District
h. CC -City Center District
i. NC - Neighborhood Commercial District
1111111
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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.
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 ranking of sites by the Board of County Commissioners, the applicant will work
directly with the city to meet the regulatory requirements for 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.
6. 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 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
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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 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.
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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
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.
tb‘
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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.
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.
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
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be "cut-down" and fully shielded. c. Any use that endangers the landing,
taking off, or maneuvering of aircraft; or
iii. 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 • • p p •
Maximum Density" n/a n/a 1 du/5 acres 1 du/ 2.5 acre n/a 1 du/2.5 acre
Manufactured Housing Parks • • • • • •
Multi-family Residential • • • • • •
Schools • • • • • •
Parks&Playgrounds • • • • • •
Hospitals • • • • • •
Nursing Homes • • • • • •
Daycare • • • • • •
Churches • • • • • •
Hazardous Material Storage • • • • •
Flammable Materials Storage • • • • •
Incinerators • • • • • •
Overhead utilities • • • • • •
High Intensity Uses • • • • •
• Prohibited Uses
** Density limited
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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.
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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
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 or 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
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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.
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.
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19.120. Permitted and Accessory Uses —
Uses are classified using the 2002 North American Industry Classification System (NAICS)
published by the U.S. Census Bureau based on category and subcategory. Subcategories include
all uses not identified separately by specific number. Uses may permitted, subject to conditions, or
require conditional or temporary use permits as shown on Appendix 19 A f 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 Requirement
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.
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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 width.
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.
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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.
19.140.030 Process.
An administrative exception is classified as a Type I permit and shall be processed pursuant to
SVMC 17.40. ®®®,
®® ®®®®gym. •®®®®A
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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; .:: PiS
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.
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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:
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;
H. 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
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:
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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. ®®®®®
Vii. ®®®®gym. •®®®®A
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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 III 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
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.
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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.
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Title 22
DESIGN AND DEVELOPMENT STANDARDS
22.10 Authority
The following design and development standards are established pursuant to RCW 58.17,
35.A11.020, 35A.14.140, 36.70A (The Growth Management Act) and WAC Sections 365-195-800
—865 as well as provisions of SVMC Titles 17-25.
22.20 Concurrency
22.20.010. Concurrency Determination
1. The following facilities and services must be evaluated for Concurrency
a. Transportation
b. Public Water
c. Public Sewer
2. The City may also consider concurrency issues for the following facilities and service:
a. Fire Protection
b. Police Protection
c. Parks and Recreation
d. Libraries
e. Solid Waste Disposal
f. Schools
3. The review authority shall be the director of the Community Development Department or
the director's designee.
22.20.020 Concurrency Review
1. All project permits/project applications except for those exempt as set forth in subsection
(2) below, shall be subject to Concurrency Review at the time an application is submitted.
Concurrency shall be determined by evaluating the anticipated impact of the application
against the Level of Service (LOS) set forth in the Comprehensive Plan. A Certificate of
Concurrency issued by the Reviewing Authority shall be required prior to approval of any
non-exempt application.
2. A finding of concurrency requires that adequate facilities are available when the service
demands of development occur, or in the case of transportation "concurrent with
development" shall mean that improvements or strategies are in place at the time of
development, or that a financial commitment is in place to complete the improvements or
strategies within six years. The cumulative impact of development should be considered
when making this determination.
3. The following shall be exempt from concurrency review:
a. Project permits that were issued, or project applications that were determined to
be complete (see RCW 36.70B) prior to the effective date of these Concurrency
Regulations.
b. The first renewal of a previously issued, unexpired project permit, provided that
substantial progress has been made as determined by the appropriate review
authority.
c. Any project permit that will have transportation impacts of less than 25 peak hour
vehicular trips, and that will not change the traffic volumes and flow patterns in the
afternoon peak travel period, as determined by the City Engineer.
d. The following project permit actions:
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i. Boundary line adjustments;
ii. Final subdivisions/Final PRD's/Final Short Plats/Final Binding Site Plans;
iii. Temporary Use Permit;
iv. Variances.
e. Proposed project permits/project applications that do not create additional impacts
on transportation facilities. Such projects may include but are not limited to:
i. Any addition or accessory structure to a residence with no change or
increase in the number of dwelling units over 4 units;
ii. Interior renovations with no change in use or increase in number of dwelling
units over 4 units;
iii. Any addition, remodel, or interior completion of a structure for use(s) with
the same or less intensity as the existing use or previously approved use.
22.20.030 Pre-Application Determinations
Any person may inquire about the availability of capacity prior to project permit applications but
responses to such inquiries are advisory only and available capacity can only be reserved by
obtaining a concurrency certificate as set forth in this ordinance.
22.20.040 Application Procedures
1. Applications for concurrency review shall be submitted on forms provided by the City.
a. Concurrency review shall be performed for the specific property, uses, densities
and intensities, and traffic distribution information provided by the
applicant/property owner and shall include any project phasing proposed by the
applicant.
b. The City may request additional information in order to make a determination.
c. All applications shall be circulated for comment to the appropriate departments or
agencies.
d. The project permit may be conditioned to assure adequate facilities are available
to meet the demand generated by the project. If the project is approved, a
Concurrency Certificate shall be issued to the property owner, his heirs and
assigns.
e. If adequate facilities cannot be made available to maintain adopted Level of
Service (LOS), the project application shall be denied.
f. The Concurrency Certificate shall automatically be voided if the project permit has
been withdrawn, expires, or is otherwise cancelled.
2. Concurrency Certificate:
a. Shall apply only to the specific land uses, densities, intensities and project
described in the application and project permit;
b. Is not transferable to other property, but may be transferred to new owners of the
same property;
c. Shall remain valid so long as the accompanying project permit has not expired or
been revoked;
d. Is valid for any modification of the permits for which the certificate was issued so
long as such modification does not require the applicant to obtain a new project
permit.
e. Shall only be issued upon payment of any concurrency fee due.
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3. Any capacity that is not used because the full extent of the development is not built shall
be considered available capacity.
4. Concurrency Certificate Fees. Fees for issuing concurrency certificates shall be based on
the adopted fee schedule.
22.20.050 Relation to Other Requirements
Compliance with or exemption from the requirements of these regulations shall not exempt a
project from compliance with all other County, State, and Federal regulations.
22.20.060 Phased Development
When a project is proposed in phases or construction is expected to extend over some period of
time, the Applicant/Property Owner may offer a schedule of occupancy that will be used to
determine the schedule of improvements that must be completed, or financially guaranteed, prior
to occupancy of each phase. However, the required improvements shall be determined by
analyzing the impacts estimated to be generated by the fully completed project.
22.20.070 Conflicts Between Provisions.
This ordinance shall apply as an overlay and in addition to other adopted plans, ordinances and
regulations affecting lands in the City. In the event of any conflict between this code and other
plans, ordinances and regulations, the provisions of this code shall prevail. In the event of any
conflict between this code and any development agreement which has been executed under RCW
36.70B. 170, prior to the effective date of this code, the development agreement or provisions
therein shall govern and prevail during the term of the agreement.
22.20.080 Transportation Concurrency—Additional Considerations
1. Highway Capacity Manual methods selected by the City shall be used to analyze project
impacts to intersections.
2. Level of service information in the Capital Facilities Plan shall be used as a starting
reference to analyze project impacts.
3. Level of service information shall be updated as necessary to account for traffic levels
resulting from the following:
a. Traffic from newly constructed projects,
b. Projects for which traffic impacts have been tentatively reserved; and
c. Projects for which a Concurrency Certificate has been awarded; and,
d. Non-project, general background traffic increases.
4. Level of service information shall also be updated as necessary as a result of any
discontinued concurrency certificates, funded road projects or new level of service
analysis.
5. Each intersection affected by proposed projects shall be reviewed and analyzed for
concurrency. The applicant/property owner may be required to provide a traffic impact
analysis if existing information does not provide adequate information for the concurrency
assessment. The scope of any necessary traffic analysis shall include any intersection
where the proposal contributes more than 20 peak hour trips.
6. Specific provisions application to the Sub-area corridor study (Reserved)
22.20.090 Water and Sewer Concurrency Additional Considerations
1. Local water purveyors must certify to the availability of water capacity and pressure to
serve new development, subject to such security as the individual purveyor may require.
2. Spokane County must certify to the availability of adequate collection and treatment
capacity:
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a. at the time of completion/occupancy, or
b. be located within the Spokane County 6-year sewer capital improvement program,
as adopted.
3. New development located within a 6-year sewer capital improvement program area may
install septic systems on an interim basis until such time as sewer service is available. All
new development shall install dry line sewers and double plumbing if the new development
will rely on an interim septic tank/drain field system rather than being connected to a live
sewer. Once sewer service is available, the development shall be required to immediately
connect to the County's sewer system.
22.30 Performance Standards & Incentives (Reserved)
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22.40 Evacuation and Emercgencv Response Standards (Reserved)
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22.50 Off-Street Parkinci & Loadinci Standards
22.50.010 Purpose
The purpose of these standards is to provide safe on-site circulation for motorists, bicyclists and
pedestrians and to provide adequate parking, pedestrian facilities and access.
22.50.020 Vehicle Parking
1. Rules for Computing Number of Parking Spaces, shown in Table 22.50-2. The number of
required off-street parking spaces shall be based on the following:
a. "Floor Area"shall mean the gross square feet of the specific use.
b. Where fractional spaces result, the parking spaces required shall be constructed
to the nearest whole number.
c. Uses not specified in Table 22.50-2 shall provide parking based on a use of similar
nature.
d. New Construction: Prior to occupancy of a new structure within any zoning district,
off-street vehicle parking shall be provided in accordance with Table 22.50-2.
e. Expansion of Existing Use: Prior to occupancy of an expanded (enlarged) floor
area , off-street vehicle parking shall be provided in accordance with Table 22.50-2
based on the expanded square footage.
f.Change of Use. If the minimum number of vehicle parking spaces required for the
change of use added to the existing on-site parking supply falls short of the
minimum number of vehicle parking spaces required for the project as a whole, the
applicant shall provide additional spaces to bring the total supply up to the
minimum required.
g. In the case of multiple-use occupancies, other than shopping centers, in a building
or on a lot, the total requirement for off-street parking shall be the sum of the
requirements for the various uses computed separately.
h. Tandem spaces shall not count as required parking.
2. Location of Parking Spaces, except as follows:
a. For nonresidential uses, required off-street parking shall be located within three
hundred (300)feet of the building or use, and shall be located in the same zone or
in a zone which allows the use for which the parking is required.
b. All parking spaces required herein shall be located on the same parcel with the
building or use served unless:
i. The parking is located on a contiguous parcel or parcels under the same
ownership and title notice is filed identifying the parking serving the other
building or use; or
ii. If the required parking for a building or use is located on a parcel(s) other
than described in a. above, the owner of the parcel upon which the
proposed parking is located executes a joint parking agreement in a form
acceptable to the city attorney, stating that the parcel is devoted in whole or
in part to required parking for the use of a parcel or parcels under separate
ownership. The agreement shall be binding on both properties and shall be
recorded with the Spokane County Auditor's office and filed with the
Spokane Valley Department of Community Development.
iii. Where shared parking is proposed, the minimum number of parking spaces
for all shared uses shown on Table 22.50-2 shall be calculated. When
these totals are applied to the percentages shown on Table 22.50-1, the
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minimum number of parking spaces required is the largest sum of the
individual totals for each time period.
Table 22.50-1 Shared Use Allowances
General Land Use Weekdays Weekends
Classification 1:00 am - 7:00 am - 6:00 pm - 1:00 am - 7:00 a,- 6:00 pm -
7:00 am 6:00 pm 1:00 am 7:00 am 6:00 pm 1:00 am
Office 5% 100% 5% 0% 15% 0%
Retail Sales&services 0% 100% 80% 0% 100% 60%
Restaurant(not 24 hr) 20% 70% 100% 30% 75% 100%
Residential 100% 60% 100% 100% 75% 95%
Theatre 0% 60% 100% 0% 80% 100%
Hotel
Guest Rooms 100% 55% 100% 100% 55% 100%
Tavern/Bar/Lounge 100% 55% 100% 100% 55% 100%
Conference Rooms 0% 100% 100% 0% 100% 100%
Religious Institution 0% 25% 50% 0% 100% 50%
c. Up to fifty percent (50%) of the parking facilities required by this chapter for a
"daytime use" may be provided by the parking facilities of a "nighttime" use or
vice versa, provided that the parking area shall be subject to a reciprocal parking
agreement and the conditions set forth herein.
d. Up to one hundred percent (100%) of the weekend and/or nighttime parking
facilities required by this chapter for a church, auditorium, stadium, and/or other
assembly areas incidental to a public or private schools may be supplied by
parking facilities required for school use.
Table 22.50-2 Required Parking Spaces for Specific Activities
V V Last updated 3/27/06 Required Parking
Q Q
z z
11 115 Agricultural processing plant,warehouse 1 per employee
62 62191 Ambulance service 1 per ambulance plus 1 per employee on the largest shift
54 54194 Animal clinic/veterinary 1 per 250 sq.ft.of gross indoor floor area
31 311 Animal Processing Facility 1 per employee
44 442-443 Appliance and furniture sales/service 1 per 1,000 sq.ft display area.
62 623312 Assisted Living Facility 1 per 4 residents plus 1/staff on largest shift.
44 441 Auction yard(excluding livestock) 1 per 300 gross square feet
71,61 71 Auditoria, theatres, stadia (incl. religious 1 per 4 fixed seats or 1 per 150 sq.ft.of floor area
sanctuaries)
92 922 Automobile impound yard 1 per 500 gross square feet of building area plus 1 per 5,000
gross square feet of outdoor storage area
48 4853 Automobile sales/rental 1 per 400 gross square feet of inside display area, 1 per 2,000
gross square feet of outside display area,
81 811121 Automobile/truck/RV/motorcycle service, 1 per 300 gross square feet plus 2 per service bay (each
painting,repair, body and fender works space in a service bay counts as a parking space
52 52211 Bank, savings/loan and other financial 1 per 250 gross square feet
institutions
81 8121 Barber/beauty shop 1 per chair and 1 per employee
72 721191 Bed and Breakfast 1 per guest room in addition to resident parking
71 71395 Bowling alley 2.5 per lane,except when located in a shopping center
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U)
V V Last updated 3/27/06 Required Parking
Q Q
z z
31 31212 Brewery,winery and/or distillery 1 per each employee on the maximum shift plus 1 space per 4
seats in any tasting room or other visitor facility
1 per 300 gross square feet of retail area, 1 per 1,000 gross
44 4441 Building supply&Home Improvement square feet of warehouse area, 1 per 600 gross square feet of
assembly or light manufacturing area
56 56142 Call Center,telephone 1 per employee
71 71399 Carnival, Circus 1 space per 400 gross feet lot area
32 3219 Carpenter Shop, 1 per 600 gross square feet
81 811192 Carwash,self service 2 spaces for drying and cleaning purposes per stall, plus 3
reservoir spaces in front of each stall
71 7132 Casino 1 per 50 gross square feet of dining, bar , gaming and dance
space,plus 1 per 2 employees
61 6113 College or university 1 per 600 gross square feet of classroom and 1 per 5 seats in
principal assembly room.
81 8134 Community hall,club or lodge 1 per 200 gross square feet
81 8134 Community recreational facility 1 per 200 gross square feet
62 6232 Community residential facility 2 plus 1/employee on maximum shift
56 56173 Composting storage/ processing, 3 plus 1 per each employee
commercial
23 238 Contractor's yard 1 per employee
62 623 Convalescent home, Nursing home 1 per 2 beds
1 per 350 gross square feet, plus 2.5 seats of on-site seating,
44 44512 Convenience Store but not less than 10. Service area at gas pumps shall not be
counted as parking spaces
62 624410 Day care, Child&Adult 1 per each employee, plus 1 per 10 children or adults
Dry cleaning,retail The greater of 3 spaces or 1/300 square feet except where
located in a shopping center.
81 8123 Dry cleaning, laundry, linen supply plant, 1 per 600 gross square feet
commercial
81 814 Dwelling,accessory apartments 1 per dwelling unit
72 7213 Dwelling,Congregate 1 per sleeping room
81 814 Dwelling,Multifamily
Studio and 1 bedroom 1 per dwelling unit,plus 5%of total for guests
Two or more Bedrooms 1.5 per dwelling unit,plus 5%of total for guests
81 814 Dwelling,One and 2 family,townhouse 2 per dwelling unit
33 334-335 Electrical/electronic/computer component 1 per 600 gross square feet
&system manufacturing/assembly
71 713 Entertainment/recreation facilities,indoor 1 per 200 gross square feet, except when located in a
shopping center
71 71391 Entertainment/recreation facilities,outdoor
71 Golf course 4 per hole
71 Golf driving range/training center 2 per designated driving station on driving range and 1 per 500
square feet of putting/chipping green
Skating rink 1 per 200 gross square feet
Sports field 20 per acre of site
Swimming pool/Jacuzzi 1 per 100 gross square feet of pool area
Tennis,racquetball and similar courts 2 per court
53 5323 Equipment Rental shop 1 per 300 gross square feet of retail, office or shop use per 1
per 1,000 gross square feet of outdoor storage or display area
81 811 Equipment sales, repair,and maintenance 3 plus 1 per employee
72 7222213 Espresso/Latte Stand 1 plus 1 per employee
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V V Last updated 3/27/06 Required Parking
Q Q
z z
71 71394 Exercise facility/gym athletic club 1 per 100 gross square feet
Fire Station 1 space per employee on the maximum shift
48 484 Freight forwarding 1 per 2000 sq.ft.
44 447 Fueling Station 1 per 4 pumps
81 81221 Funeral home 1 per 5 seats in largest chapel, plus 1 space per employee,
plus 1 space for each facility vehicle
11 1114 Greenhouse/nursery-commercial 1 per 400 gross square feet of indoor retail, 1 per 1,000 gross
square feet of outdoor display or storage area
62 6221 Hospital 1 per patient bed
72 7211 Hotel/motel 1 per guest room in addition to resident parking
81 81291 Kennel/animal boarding/shelter 3 plus 1 per each employee
54 Laboratories 1 per 600 gross square feet of office, 1 per 600 gross square
feet of laboratory or shop area
44 4419 Landscape Materials Sales: 3 plus 1 per employee
81 812310 Laundromat 1 per 250 square feet
81 814 Manufactured(mobile)home park 2/du plus 5%total for guest parking
31-33 Manufacturing 1 per 1,000 gross square feet or 1 per each 3 employees on a
maximum shift
62 6211 Medical Clinic 1 per 200 gross square feet
23 236115 Model Home Sales 1 space per 2,000 gross square feet of sales area
44 4413 Motor vehicle parts sales/service 1 per 300 sq.ft.
71 71211 Museum, Libraries 1 per 800 gross square feet
56 5611 Office,professional and general 1 per 250 gross square feet
49 491 J Post Office,postal center 11 per 200 gross square feet of floor area plus 1 employee
56 56143 Print shop 1 per 400 gross square fee
71 711212 Racetrack 1 space per each 4 fixed seats
72 7212 Recreational vehicle park/campground 1 per RV park/campsite
44 44121 Recreational vehicle sales&service 1 per 3,000 gross square feet of display area
72 722 Restaurant 1 per 200 gross square feet, except when located in a
shopping center
44-45 Retail sales, indoor 1 per 200 gross square feet, except when located in a
shopping center
1 per 5,000 gross square feet of retail sales area in addition to
44-45 Retail sales,outdoor any parking requirements for buildings, except when located in
a shopping center
61 6111 Schools-public and private-7 thru 12 1 per classroom, 1 per each employee and 1 space per 4
seats in auditorium or assembly room
61 6111 Schools-public and private-K thru 7 2 per classroom and 1 per each 2 employees
61 6114 Schools, Professional, vocational & trade 1 per each 3.5 seats in classroom area
schools
4.5 per 1,000 square feet of gross leasable area (GLA) for
Sho in Centers centers having GLA less than 400,000 gross square feet, and
pp g 5 per 1,000 gross square feet of GLA for centers having a GLA
of over 400,000 gross square feet
Showroom,industrial 1 per 500 gross square feet of display area
81 812 Services,retail 1 per 250 sq.ft except when located in a shopping center.
56 56292 Solid waste recycling/transfer site 3 plus 1 per each employee
61 61162 Specialized training/learning schools or 1 space per 300 gross square feet
studios
45 454 Storage,general-indoors,warehousing 1 per each 3,500 gross square feet
45 454 Storage,general-outdoors,display 3 plus 1 per each employee
31 3152 Personal Services 1 per 250 sq.ft
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* cs)
V V Last updated 3/27/06 Required Parking
R Q
z z
72 7224 Tavern 1 per 200 gross square feet, except when located in a
shopping center
48 4851 Transit center 1 per each 200 gross square feet
49 49311 Warehousing 1 per each 3,500 gross square feet
56 56292 Wrecking, recycling, junk and salvage 1 per each employee plus 3 visitor spaces
yards
4. Off-Street Parking Design Standards and Minimum Dimensions
Table 22.50-3
Parking Minimum Design Requirements
Standards
Parking Minimum Aisle Width
Angle ( in Stall Minimum Minimum
degrees) Stall Width Stall De th D
Projection p
A SP B C One Two Way
Way
0 8'6" 22' 8' 20' 20'
(parallel)
30 17'0" 8'6" 17' 20' 20'
45 12'0" 8'6" 17'6" 20' 20'
50 11'1" 8'6" 18' 20' 20'
55 10'5" 8'6" 18'6" 20' 20'
60 9'6" 8'6" 19' 20' 20'
65 9'5" 8'6" 19'6" 20' 21'
70 9'1" 8'6" 19'6" 20' 21'6"
75 8'10" 8'6" 19' 20' 22'
90 8'6" 8'6" 18' 20' 22'6"
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Figure 22.50-1 Calculation of Parking Spaces
I, ►i ® !1 C P
B .44*
bAr
5. Compact Car Allowance
a. A maximum of thirty percent (30%) of the total required off-street parking stalls
may be permitted and designated for compact cars.
b. Each compact stall shall be designated as such, with the word "COMPACT"
printed onto the stall, in a minimum of eight (8) inch letters and maintained as
such over the life of the use of both the space and the adjacent structure it
serves.
c. Dimensions of compact parking stalls shall be eight (8) feet by seventeen (17)
feet.
d. Compact spaces shall be designated in one specific area of the off-street parking
facility.
6. CarpoolNanpool Parking
a. New office and industrial development, with fifty (50) or more required parking
spaces, shall designate at least five percent (5%) of the spaces for employee
carpool or vanpool parking. Employee carpool and vanpool parking shall be
located closer to the building entrance or the employee/entrance than other
employee parking with the exception of accessible parking. The carpool/vanpool
spaces shall be clearly marked "Reserved CarpoolNanpool Only".
7. Accessible Parking. The intent of this section is to comply with American Disabilities Act by
allowing a person with a physical disability to independently get to a site, facility, building
or element (American National Standards Institute, Inc.).
a. Location. Accessible parking spaces shall be located on the shortest accessible
route of travel from adjacent parking to an accessible building entrance. Where
buildings have multiple accessible entrances with adjacent parking, accessible
parking spaces shall be dispersed and located near the accessible entrances.
b. Hospital outpatient facilities. Ten percent (10%) of patient and visitor parking
spaces provided shall be accessible.
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c. Rehabilitation facilities and outpatient physical therapy facilities. Twenty percent
(20%), but not less than one (1) of the portion of patient and visitor parking spaces
shall be accessible.
d. Van spaces. For every (6) six or fraction of six (6) accessible parking spaces, at
least one (1)shall be a van-accessible parking space.
4C1-1313 U
a Q Q Q
Q \C--
0
CCi 0
El
132min 96 min k
3350 2440
Figure 22.60-2
e. Accessible car and van parking space size shall be as follows:
i. Car parking spaces shall be 8 feet(96 inches) minimum in width
ii. Van parking spaces shall be 11 feet (132 inches) minimum in width.
EXCEPTION: Van parking spaces shall be permitted to be 8 feet (96)
inches minimum in width where the adjacent access aisle is 8 feet (96)
inches minimum in width.
Table 22.50-4 Accessible Parking Spaces Required
TOTAL PARKING MINIMUM NUMBER
SPACES OF ACCESSIBLE
PROVIDED SPACES
1 to 25 1
26 to 50 2
51to75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1,000 2%of total
More than 1,000 20, plus one for each
100 over 1,000
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22.50.030 Stacking and Queuing Requirements
1. Driveway stacking length for individual uses is the distance between the street right-of-way
line and the proposed use the minimum length of driveway stacking for drive-through
windows shall be as follows:
Table 22.50-5 Minimum Stacking Lane Length(in Feet)
Use Stacking Lane Guidelines
Drive-in banks 150'/service terminal
Automated teller(ATM) 50'/service terminal machines
Drive-in cleaners,repair services 50'
Drive-thru restaurants 150'
Espresso stands 75
Automated car wash 75'/washing unit
Controlled Access Parking 1007entry driveway
2. Driveway stacking length for multi-use properties is the distance between the street right-
of-way line and the near side of the first intersection interior aisle or parking stall. In order
to prevent stacking within the public street, the total number of driveways accessing a
public street is divided by the total number of parking spaces, establishing the minimum
length of driveway stacking as follows:
Table 22.50-6 Parking Lot Stacking
No.of Spaces Minimum Stacking41,7
(Per Driveway) (Length in feet) iii+C). I•
Less than 50 18 I
50 to 200 50 I I H11
More than 200 78 to. 1$.
nen 51,C JH6.
111
3. The City of Spokane Valley Public
Works Department may require a7. . c rrr 5O-2074 EPACEB PER
r+. r�acsca CHRNEW Y hcceaa
traffic study to determine the stacking
and queuing requirements for such
uses that include, but are not limited y �
to, service stations, drive-thru
j 7)
restaurants, drive-in banking, etc. I I z
-14 lit
++ilfgt
4YE 274 .',,CES PER
4 h'C5'.5Y.�6C}7
Figure 22.50-3
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22.50.040 Off-Street Loading
1. Every building or part thereof erected or occupied for retail business, service,
manufacturing, storage, warehousing, hotel/motel, industrial or any other use similarly
involving the receipt or distribution by vehicles or materials or merchandise, shall provide
and maintain on the same premises loading space in accordance with the following
requirements:
a. Off-street loading spaces shall measure as follows:
i. When one space is required it shall measure 12 feet wide, 30 feet long
and 15 feet high (if a dock).
ii. When two (2) or more spaces are required they shall measure fifteen (15)
feet wide, sixty (60)feet long and fifteen (15)feet high (if a dock).
b. Loading facilities located on the side of a building but not facing a street shall be
set back from the front property line a minimum distance of sixty (60)feet.
c. Driveways, aisles and maneuvering areas shall be designed to accommodate the
largest vehicles that would normally be expected to use those particular
driveways, aisles and maneuvering areas. The turning radius shall be a minimum
of thirty (30) feet and the driveway aisles shall be a minimum of twenty four (24)
feet.
d. Whenever possible, the site should be designed for counterclockwise circulation of
large trucks as left turns and left-hand backing maneuvers are easier and safer
since the driver's position is on the left-hand of the vehicle.
e. All parking, loading and maneuvering of trucks shall be conducted on private
property.
f. Required passenger vehicle parking shall not be allowed within the truck dock
apron space.
g. The minimum number of off-street loading spaces shown on the following table are
required:
Table 22.50-7 Loading Use/Gross Square Feet Required Loading Spaces
Spaces Required Industrial,manufacturing wholesale,warehouse,similar uses
10,000-40,000 square feet 1 space
40,001-60,000 square feet 2 spaces
60,001-100,000 square feet 3 spaces
over 100,000 square feet 1 space for each 50,000 square feet or part thereof
Hotel/motel,restaurants
20,000-60,000 square feet 1 space
60,001-100,000 square feet 2 spaces
over 100,000 square feet 1 space for each 50,000 square feet or part thereof
Hospitals,convalescent/nursing homes&similar institutions
10,000-40,000 square feet 1 space
40,000-100,000 square feet 2 spaces
over 100,000 square feet 1 space for each 50,000 square feet or part thereof
Department stores,retail and other commercial uses
10,000-20,000 square feet 1 space
20,001-50,000 square feet 2 spaces
50,001-100,000 square feet 3 spaces
over 100,000 square feet 1 space for each 50,000 square feet or part thereof
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2. Screening of Off-Street Loading Areas
a. Off-street loading spaces and apron space should not be located on the street side
of any building. In those instances where three (3) or more sides of the building
face dedicated streets, loading spaces and apron space shall be located at the
rear or side of the building and screened from view of the abutting streets for a
minimum of thirty-five (35) feet in accordance with the provisions of 22.70.030(7)
of this Code. :
b. No loading dock or service bay doors shall be constructed on any portion of a front
wall or on a side or rear wall within sixty (60) feet of any front property line,
adjacent to any other street.
22.50.040. Bicycle Parking
Bicycle spaces are individual units within ribbon racks, inverted "U" racks, locking wheel racks,
lockers, or other similar permanent structures accommodating five (5)or more bicycles.
1. Bicycle racks and/or storage shall be provided when twenty-five (25) or more parking
spaces are required, at a ratio of one (1) rack for every twenty-five (25) parking spaces.
2. Required bicycle parking must be located within fifty (50)feet of an entrance to the building
or use.
3. If bicycle parking is not visible from the street, a sign must be posted indicating the location
of the bicycle parking spaces.
4. All bicycle parking must be separated from motor vehicle traffic by a barrier, curb, post,
bollard or other similar device.
5. The property owner of a site shall have a continuing obligation to properly maintain any
bicycle parking facilities on their property.
22.50.050 Landscaping in Parking Areas
See SVMC 22.70.030(6) Landscaping
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22.60 Outdoor Lighting Standards
22.60.010 Purpose
The regulation of outdoor lighting discourages excessive lighting of outdoor spaces, encourages
energy conservation and prohibits lighting creating a nuisance for adjacent property owners.
22.60.20 Application
The requirements of this chapter and the Washington Energy Code (WAC 51.11) apply to outdoor
lighting requirements for all development except one and two family dwellings and public street
lighting.
22.60.30 General Requirements
The installation of new outdoor lighting or the extension, modification or expansion of existing
outdoor lighting is subject to the following requirements:
1. The lighting allowance for covered parking, open parking and outdoor areas shall not
exceed 0.20 watts per square foot of lot area, provided however, that the allowance may
be increased to 0.30 watts per square foot for covered residential parking when ceilings
and walls are painted or stained with a reflectance value of 0.70 or higher.
2. The lighting allowance for building exteriors, including landscaping lighting, shall not
exceed either 0.25 watts per square foot of building facade or 7.5 watts per linear foot of
building perimeter.
3. The maximum height of pole mounted outdoor lighting fixtures shall be calculated in feet
by the following formula:
Maximum Height = 3 + D/3
Where D is the distance to the nearest property line.
4. All outdoor lights shall include a light source and reflector that control the light beam so
that no light extends across any bounding property line above a height of three (3) feet.
5. Outdoor lighting fixtures shall be recessed or shielded so that the light source is not
visible at any bounding property line except where topographical characteristics make
this impossible.
6. All outdoor lighting systems shall be equipped with automatic switches conforming to the
requirements of 1513.6.2 of the Washington Energy Code.
7. All applications for building permits shall be accompanied by a photometric analysis of
the lighting effects prepared by a qualified engineer.
8. The mounting height of walkway lighting shall not exceed twelve feet and all fixtures
mounted at a height of more than eight feet shall be fully shielded.
9. Lighting designed to accent landscaping features or architectural elements, including the
illumination of pole-mounted flags of the United States, shall be concealed or positioned
so that the light source is not visible at adjacent property lines.
10. Lighting for Outdoor Arenas, Stadiums and Playfields shall not remain on longer than
thirty (30) minutes following the end of the event.
22.60.040 Prohibited Lights
The following lights are prohibited unless a temporary permit is obtained for specific events with
specific times of operation:
1. Laser source light, strobe lights and similar high intensity light sources, except those
associated with approved activities of the City of Spokane Valley. High intensity lights for
which a temporary permit is issued shall not project above the horizontal plane nor extend
into the public right-of-way.
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2. Searchlights.
22.60.050 Exceptions
1. Navigation and airport lighting required for the safe operation of boats and airplanes;
2. Emergency lighting required by police, fire, and rescue authorities.
3. Lighting for state and federal highways authorized by the Washington Department of
Transportation.
4. Internal lighting of permitted signs.
5. Outdoor lighting for public monuments.
22.70.060 Temporary Lighting
The Building Official may authorize temporary exceptions not to exceed thirty days for good cause
shown.
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22.70 Fencinq, Screeninq & Landscapinq
22.70.010 Purpose and Intent
The use of fencing and screening reduces visual, noise and lighting impacts on adjacent properties
and provides visual separation and physical buffers between land uses. It also serves to protect
the health, safety and welfare of the community by eliminating dangerous conditions and
preserving property values.
22.70.020 General Provisions-Fencing
1. No sight-obstructing fence more than thirty-six (36) inches in height nor any non-sight-
obstructing fence (cyclone) more than forty-eight (48) inches in height may be erected
and/or maintained within the required front yard of any lot used for residential purposes.
2. Any fence, wall, living plant screen or any combination thereof, erected or placed behind the
minimum required front yard line may be erected or maintained to a maximum height of
eight(8)feet above the adjacent grade in residential zoning districts.
3. Neither residential, commercial or industrial fencing, nor any sight obstruction including
vegetation, which constitutes a hazard to the traveling public shall be permitted on any
corner lot in any zone within the area designated as the "clear view triangle" as set forth
below:
a. A clear view triangle is a measurement applied at the intersection of two streets or
the intersection of an alley or commercial driveway and a street, to ensure
unobstructed vision of motorists and pedestrians. Within the clear view triangle,
the space between three and one half feet (3'-6") and seven feet (7'-0") above the
street , or three feet above the sidewalk must be unobstructed and calculated as
follows:
VEGETATION WITHIN CLEARVIEW TRIANGLE
ilitio 4
AF
rfir Figure 22.80-1 Clearview Requirements
1
MINIMUM
V _ 3
.- 1j - . MAXIMUM 3.5'
MAXIMUM
SIDEWALK .
STREET
i. Uncontrolled Intersection: the right isosceles triangle having sides of fifty
feet (50'-0") measure along the curb line of each intersecting local access
street (or five feet from edge of pavement for a street with no curbs), alley
or commercial driveway (See Figure 22.70-2) ; or
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Figure 22.70-2. Uncontrolled Intersection
° 50 FT. / - 50 FT ,
LOCAL ACCESS STREET LOCAL ACCESS STREET /CURB
f CITY RIGHT-OF-WAY
L - - /PROPERTY LINE
La
"l'erstri : rir
/`
is)-,
`�a
40 U,
Q
J
Q
VY NOTE; IF NO CURB IS PRESENT,MEASURE IN 5 TOWARDS THE
1 PROPERTY LINE FROM THE EDGE OF THE ROADWAY
`J/ )----CURB----- \)--
CfTY RIGHT-OF-WAY CITY RIGHT-OF-WAY
ii. Two-Way Stop Controlled Intersection: the right triangle having a sixteen
foot (16'-0") side measured along the curb line of a local access street (or
five feet from edge of pavement for a street with no curbs), alley or
commercial driveway, and the distance shown on Table 22.70-1 based on
posted speed along the side along the curb line of the intersecting street (or
five feet from edge of pavement for a street with no curbs)(See Figure
22.70-3) ; or
Figure 22.70-3 Two-Way Stop Controlled Intersection
a .SEE TABLE 7.06.1. 4a _ SEE TABLE 7.06.1
a
THROUGH STREET =. d ,. THROUGH smgET _�CURB
Z '
, -CRY RIGHT-OF-WAY
FO w I PROPERTY LINE
a m _S
E.2° • NOTEIF N=7 IS PRESEM,MEASURE IN 5'TOWARDS THE
PROLINE FROM THE EDGE OF THE ROADWAY
CRY RIG-IT-OF-WAY CRY RIGHT-OF-WAY
Table 22-80-1
iii. In cases including, but not limited to, Posted Speed Distance (in
arterials with posted speeds in excess of 35 (in MPH) feet)
mph, one-way streets, steep grades and 25 70
sharp curves the City Traffic Engineer will 30 95
determine the appropriate measurement.
35 110
iv. Yield Controlled Intersection: For
intersections of local streets with 25 mph speed limits, the right triangle
having a thirty-five foot (35'-0") side measured along the curb line or
edge of pavement of the yield-controlled street, and an eighty foot (80'-
0") side measured along the curb line or edge of pavement of the
intersecting street. Triangles for yield-controlled intersections on
collectors or arterials, or streets with speeds higher than 25 mph will be
determined by the City Traffic Engineer(See Figure 22.70-4) ;
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Figure 22.70_4. Yield Controlled Intersection
80_FT. � 80 FTd
.
THROUGH STREET ° THROUGH STREET 7-CURB
w p W -- CITY RIGHT-OF-WAY
, , c, , I‘N \PROPERTY LINE
) '`--CURB---2'
CITY RIGHT-OF-WAY CITY RIGHT-OF-WAY
V. All-Way Stop Controlled: the triangle determined by the City Traffic
Engineer using AASHTO sight distance requirements for all-way stop
controlled intersections.
vi.Signal controlled intersection: the triangle determined by the City Traffic
Engineer using AASHTO sight distance requirements for signalized
intersections.
vii. Non-Commercial Driveway serving three or more residences: the right
isosceles triangle having sides of fifteen feet (15'-0") measured along the
curb line of the street and the edge of the driveway (See Figure 22.70-5) ;
or
1a a ,1FT Q `o/ \Q ., 15 FT,
a STREET _ Q STREET CURB
L7 CITY RIGHT-OF-WAY
Aft* g 4 444%1441 • ,4 a-a---PROPERTY LINE
Q Ga
LL LL
;�
W W
Figure 22.70-5. Non-Commercial Driveway.
4. Exemptions: Clearview Triangle regulations of this chapter shall not apply to:
a. Public utility poles;
b. Trees, so long as they are not planted in the form of a hedge, and are trimmed to
a height of at least 7 feet above the street surface;
c. Properties where the natural ground contour penetrates the Clearview triangle;
d. Traffic control devices installed by the City:
5. Fences in non-residential, commercial, mixed use and industrial zoning districts shall not
exceed eight (8)feet in height.
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6. Barbed wire or razor wire may be used for security purposes only on the upper one-quarter
(1/4) of the fence in industrial zoning districts. Barbed wire, concertina or razor wire shall
not be permitted in any mixed use zoning district adjacent to any public right-of-way.
7. Electric fences may be used for the confinement of animals provided however that:
a. the fence is marked with warning signs at least twenty-four (24) square inches in
area located every one hundred and fifty (150)feet; and
b. The electric fence is located not less than 24 inches from the property line; and
c. Access to the fence is limited by conventional fencing or enclosure.
8. A combination of sight-obscuring fences and landscaping shall be required between
incompatible land uses as established in Section 22.70.030.
22.70.030 Screening & Buffering
1. Applicability. The provisions of this section apply only to multi-family and non-residential
projects.
2. TYPE I: Full Screening
a. Where required for full screening, a sight-obscuring fence shall be installed
consistent with the requirements for a clear view triangle. The fence shall be at
least 6 feet high and 100% sight-obscuring. Fences may be made of wood,
ornamental iron or aluminum, brick, masonry, architectural panels, chain link with
slats, or other permanent materials, berms, walls, vegetative plantings, or some
combination of these.
b. The required fence shall be further screened by a mix of plantings located within a
five foot buffer strip that are layered and/or combined to obtain an immediate
dense sight-obscuring barrier of 2-3 feet in height, selected to reach 6 feet in
height at maturity as follows:
i. A mixture of conifers and deciduous trees, planted at a distance of not less
than 35 feet on center, with a maximum of 50% of the trees being
deciduous;
ii. Evergreen shrubs shall comprise at least 75% of the plantings, planted at
a distance of not less than 6 feet on center;
iii. A minimum of twenty-four (24) points of landscaping shall be installed for
every 25 linear feet of buffer area.
iv. Plantings used for full screening adjacent to public or private rights-of-way
shall be located outside the fence or security system.
Evergreen Tree Deciduous
Shrubs
(4, 0 y
5 Fee4v, *4_ 0,0',:v Iv
tI(� y�
0 0 35 feet0
0 0 p *
maximum C)0 0 i-i"- . 0
Sight-obscuring fence
Figure 22.70-6 Example of Type I Landscaping with Sight-Obscuring Fence(not to scale)
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c. All trees and shrubs shall be planted and maintained in accordance with the standards of
the American Association of Nurserymen. All newly planted trees and shrubs shall be
mulched and maintained to give a clean and weed-free appearance.
Figure 22.70-7 Type I Full Screening
•• P1,044111-ara
t.
FrzirupiATA trlC3ta1"C 4Y
Std TRk iu-c �-T.
3. TYPE II: Visual Buffering.
a. Where required to minimize the incompatibility between adjacent land uses, a
visual screen of not less than five feet in width which may consist of fencing,
architectural panels, berms, walls, vegetative plantings, or some combination of
these shall be installed as follows:
i. A mixture of conifers and deciduous trees, planted at a distance of not less
than 35 feet on center, with a maximum of 75% of the trees being
deciduous;
ii. Evergreen shrubs shall comprise at least 50%of the plantings;
iii.A minimum of eighteen (18) points of landscaping shall be installed for
every 25 linear feet of buffer area.
b. All trees and shrubs shall be planted and maintained in accordance with the
standards of the American Association of Nurserymen (a copy of which is on file in
the Planning Department). All newly planted trees and shrubs shall be mulched
and maintained to give a clean and weed-free appearance.
Evergreen Tree Deciduous
Shrubs
\;e Affti gfi
At* ,f,4*0 Q., **
35 feet
max.„ I Grass
Grass
Figure 22.70-8 Example of Type II Landscaping
c. The buffer shall run the entire length of the abutting lot line(s). A natural, undisturbed
wooded area at least 20 feet in width may substitute for landscaping.
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4. Full screening and buffering are required for land use classification as shown on Table
22.70-2
Table 22.70-2 Buffers Required by Type
T6 >
.� .N
-o
a) s B'
Land Use Classification __ C v
08 N Cr) —
a) E 0 a) `o D a) c
0 = -0 a) E -o -o U in
0 cu2 r 0 U U U
Planned Residential Development I I I I I I I I
Manufactured Home Parks I I I I I I I I
Medium&High Density Residential I n/a II II II II II II
Office I I n/a II n/a n/a n/a n/a
Commercial I I II n/a n/a n/a n/a n/a
Corridor Mixed Use I I n/a n/a n/a n/a n/a n/a
Mixed Use Center I I n/a n/a n/a n/a n/a n/a
City Center I I n/a n/a n/a n/a n/a n/a
Industrial I I I I I I I n/a
NEEDS CHANGES TO REQUIRE SOME BUFFERING BETWEEN DEVELOPMENTS IN
SAME ZONES WITH MINOR EXCEPTIONS.
5.General Provisions - Landscaping
a. Applicant may use any combination of planting materials to meet the requirements
of this section. Points are assigned based on the following:
Table 22.70-3 Landscaping point values
Minimum Size(at time of planting)
Type of Plant Material Deciduous Trees Evergreen Trees Point Value
(in caliper inches) (in feet of height)
8-inch or greater 22 ft.and over 26
7-inch 19-21 ft. 24
6-inch 16-18 ft. 22
Large Tree
5-inch 13-15 ft. 20
4-inch 11-12 ft. 18
3-inch 9-10 ft. 15
Medium Tree 2-inch 7-8 ft. 12
Small Tree Single Trunk: 1-inch 5-6 ft. 9
Multiple Trunk (minimum 3
Ornamental Tree trunks): Smallest trunk 1- 5-6-ft.t 9
inch caliper
Large Shrub 5 gallon and 24-inch height at planting 3
Medium Shrub 3 gallon and 12-inch height at planting 2
Small Shrub 2 gallon and 8-inch height at planting 1
Ornamental Grasses 1 gallon 1/2
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Minimum Size(at time of planting)
Type of Plant Material Deciduous Trees Evergreen Trees Point Value
(in caliper inches) (in feet of height)
1 gallon 1/2
Groundcover
4-inch pots
Existing Trees Greater than 6-inch caliper 22 to 50
Landscaped Berm 30-inch height; 10-foot length,3:1 slope 1 per 5 linear ft.
Turf Grass N/A %per sq yd
b. Landscaping must equal or exceed a minimum number of points based on the size
of the lot, parcel or tract and the number of parking spaces.
Table 22.80-4 points required
Size of Developed Area Number of Points Required
0-500 sq.ft. Site points= 10
500-2,500 sq ft. Site points=25
2,500-5,000 sq.ft. Site Points=50
More than 5,000 sq.ft. Site Points=One(1)point for each 200 sq.ft.of area over 5,000 sq. .ft.
Parking lots Two (2) points per required parking space and one (1) point for each
proposed additional parking space
c. An additional 10% in the number of points shall be required adjacent to the
following aesthetic corridors:
• State Route 27 from 16th south to 32nd and Mansfield to Trent;
• Appleway Boulevard (south side from Park to Dishman Mica);
• Mirabeau Parkway from Pines to Indiana;
• Dishman Mica Road from 8th Avenue, south to City limits
• 32nd Ave. within the City limits
• Appleway Blvd. from Barker to Hodges
d. Points for required full screening or visual buffers shall be in addition to the points
required to meet landscaping requirements of this section.
e. A maximum of 25% of required landscape points may be claimed within the street
right-of-way.
f. A minimum of 60% of points shall be used for landscaping in the front and side
yards.
g. A minimum of 25%of required points shall be used for evergreen plantings.
h. A maximum of 25% of required points may be used for turf grass (turf located
within the street right-of-way is excluded).
i. Any addition to existing building(s) or alterations to an existing site
exceeding 500 square feet shall require
i. one (1) point of landscaping for every 200 square feet of developed area,
with a minimum of ten (10) points, and
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ii. two (2) points of landscaping for every parking space installed for the
building addition.
j. The type and location of vegetation shall not interfere with utilities and the safe
and efficient flow of street traffic. Approval by the appropriate City departments
responsible for street and utilities shall be required.
k. Any turf grass planted in the street right-of-way shall beexcluded from turf point
credits. Street trees are included for point calculation.
I. The use of gravel shall not satisfy this requirement for landscaping. In addition,
this area shall not be hard-surfaced, other than a permitted driveway or sidewalk,
and it shall not be used for parking or display.
m. All plant material planted to meet the minimum requirements of these regulations
shall be in a healthy condition at the time of planting and shall meet quality
standards set forth by the American Standard for Nursery Stock.
n. Turf Grass shall be planted, seeded or re-seeded as necessary, watered and
maintained in such a manner as to completely cover all exposed areas of soil after
one full growing season.
o. No disturbed ground shall be left exposed. Grass and other approved and
appropriate groundcovers or mulch shall cover all non-paved and non-built
Developed Areas.
p. Landscaping may be included within stormwater facilities, providing it does not
impede on functionality and is consistent with stormwater guidelines.
6. Street Trees
a. Street trees shall include deciduous trees planted in or within ten feet of any
public or private right-of-way, planted at a distance of not less than 35 feet on
center in sleeves designed to direct root development as shown in Figure 22.70-9
of this chapter.
i•-nut CUAIN A5 N,EE'7E7
HAIRDWOOD STAKES 1.4 —. ‘11111' • )
a- STAKKS 2"X 2.-
DRIVEN (MIN. I o')FIRMLY
INTO SUE.GRADE
INSPECT ft ADJUST A5 NEEMD
WA.IK. A.LPNAI.T FAVERSETC,
CURB,WALK, ASPHALT FTC. ,•
ro
'IA I Q I +k- i I I .•
sw' II i lu l ��li 3i =ice q`"
t r ;I 1 r
:. iII - II i I,! �,y. ,Ic-+rcTle=11 II II it 1—slur I ,�, �,�Irirl, r. r-..„
,
HA'J.TOWN $RAND R ECUA,.ROOT 5.05?.r'
U5r IN NAS`TRCE PLANTING ARfA5 A.L_ :' TO HARU5CAFE5
FREVENTE -1AAR 9CAFE DAMAGE EW ROOT UPLIFTING
Figure22.70-9 Root Barrier for Trees planted near walkways
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b. If construction is adjacent to any local access, collector or arterial at least one (1)
medium tree shall be planted for each 40 linear feet or fraction thereof that portion
of the development abutting the right of way.
6. Landscaping Requirements for Parking Areas
a. Headlight screening: Where parking lot design includes spaces which allow
vehicles to park perpendicular to public rights of way or structures located on
adjacent parcels, headlight screening shall be required. Headlight screening
should not exceed 30 inches in height for the length of the parking area.
c...,--W T,,,,cqi4T.
Wit, 321
3142-roi- --— rtv lz3er--1 Ric rte-q
Figure22.70-10 Headlight Screening
b. When a parking area abuts residentially-zoned property along any interior side or
rear property line, Type I Full Screening is required.
c. A maximum of 10% of the number of required parking spaces may be replaced
with landscaping. Ten (10) points of landscaping shall be required for each
substituted parking space.
d. A minimum of 25% of required points for parking areas shall be evergreen plant
materials.
e. Amount and location:
i. Each Parking Lot Island and/or Peninsula shall be a minimum of 130
square feet with a minimum average width of five (5) feet.
ii. Each Parking Lot Island and/or Peninsula shall contain a minimum of one
(1) medium tree.
iii. The distance between any parking space and a Landscaped Area shall be
no more than 75 feet.
iv. All parking lot planting areas shall be protected with concrete curbs, or
equivalent barriers. Bumper blocks shall not be used for boundaries
around the landscaped area.
v. All landscaping must be located between parking stalls, at the end of
parking columns, or between stalls and the property line. Landscaping
which occurs between the parking lot and a building or recreation area
shall not be considered as satisfaction of these requirements.
vi. Each tree shall be planted a minimum of two (2) feet away from the
outside of any permanent barrier of a landscaped area or edge of the
parking area. Trees shall be staked for a period of not less than twelve
months after planting.
vii. Ground cover or grasses shall be planted to cover each parking lot
planting area within three (3) years from the date of issuance of the
Certificate of Occupancy. All Ground Cover shall have a mature height of
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not more than 24 inches. Loose rock, gravel, decorative rock or stone, or
mulch shall not exceed 20% of the planting area.
viii. Space devoted to required parking lot planting areas shall be in addition to
any required front, side, and rear yard buffer requirements.
ix. Stand-alone parking lots shall require three (3) points of landscaping for
each parking space and shall be exempt from other landscaping
requirements.
f. Any construction within, expansion or reconstruction of existing parking facilities in
excess of 500 square feet shall be required to come into compliance with the
requirements of this chapter.
g. Parking areas limited to commercial loading and truck maneuvering are limited to
provision of street trees along public right-of-way, planted at intervals no greater
than 30 feet on center.
h. Modifications to protect drainage features, easements, or facilities shall be
allowed.
i. The requirements of this section shall not apply to parking garages or parking
decks, or display areas for automotive and equipment sales and rentals.
7. Landscaping for Required for Common Open Space
a. Fifty percent (50%) of the required common open area shall contain irrigated
plantings.
8. Screening of Loading Docks
Off-street loading spaces and apron space should be screened from view of the abutting
streets for a minimum of thirty-five (35)feet:
a. by a combination of permanent architectural and landscape elements such as
walls, berms, trees and shrubs with a mature height of at least to the height of the
top of the dock door but no greater than twelve (12) feet above the truck dock
apron; and
b. shall, when viewed at a perpendicular angle from the street, screen the loading
spaces completely, except for driveway opening(s).
9. Landscaping Requirements for freestanding signs
a. New free-standing sign structures serving a new development shall provide a
landscaping area as follows:
i. Structures on slab: a landscape border of eighteen inches (18") or more
measured from the edge of slab.
ii. Single pole structures: a landscape border not less than thirty-two (32)
square feet in area located eighteen inches (18") or more measured from
the edge of footing if flush with natural grade, or eighteen inches (18")
from the pole, provided the footing is covered with not less than eighteen
inches of soil.
iii.Multiple pole structures: a landscape border not less than sixty (60)
square feet in area located eighteen inches (18") or more measured from
the edge of footings. The landscape border may be placed adjacent to the
poles provided footing is covered with not less than eighteen inches of
soil.
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b. New free-standing sign structures located within 208 swales areas require no
additional landscaping. Footings shall be installed in such a way that the bio-
filtration function of the swale is not diminished.
c. New free-standing sign structures located within existing developments where
landscaping meets the requirements of 22.70.030(3) require no additional
landscaping.
d. New sign structures on a fully developed site will require minimal xeriscaping
pursuant to 22.70.030(9).
e. Points for landscaping of sign structures may be used to meet the minimum
requirements of this chapter.
10. Xeriscaping.
a. The number of required points may be reduced by up to 20% for use of
recommended xeriscape planting materials combined with decorative hardscape.
Xeriscape planting materials need fewer waterings than typical lawn grasses and
can tolerate, resist, or avoid drought AFTER they are established. They have
attractive ornamental features and are relatively easy to grow. Xericape planting
materials have not been invasive in local growing conditions.
b. Use drip or trickle irrigation.
c. Mulch with three to four inches of shredded or ground bark, well-rotted compost,
wood shavings or chips at the time of installation.
11. Modification of Landscaping Requirement
a. The Director may approve alternative landscaping proposals where:
i. Only a portion of the parcel is being developed;
ii. Landscaping would interfere with the adequate storage, conveyance,
treatment or control of stormwater runoff or would interfere with the
maintenance of stormwater facilities or natural drainage systems.
iii.Applicant proposes xeriscaping in conformance with subsection 9 of this
section.
iv.Existing structures or improvements preclude installation of required
landscaping and irrigation systems as prescribed herein.
c. Where applicant proposes to preserve existing healthy trees a credit may be applied to
points for required landscaping, provided however that not more than 25% of the total
points may be located within the public right-of-way. Credit may be approved as
follows:
Table 22.70.5 Credits for Tree Preservation
Size of Preserved Height of existing Landscape Points
DeciduousTree* preserved conifer Applied:
6-inch caliper 16-18 ft 22
7-inch caliper 19-21 ft. 24
8-inch to 10-inch caliper 22-28 ft. 26
10.1-inch caliper to 15-inch 29-32 ft. 30
DBH
15.1-inch to 20-inch 33-36 ft. 35
20.1-inch to 25-inch 37-40 ft. 40
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Over 25-inch >41 ft. 50
* Deciduous trees shall be measured in accordance the National Shade Tree Standards at 30
inches above grade.
c. The decision of the Director regarding modification of landscape requirements shall
be final unless an aggrieved person appeals that decision to the Hearing
Examiner. .
12. Installation, Maintenance, and Enforcement
a. Prior to the issuance of a Certificate of Occupancy a registered landscape
architect will certify that the irrigation systems and landscaping has been installed
in accordance with approved plans and specifications.
b. The Director may authorize a delay where planting season conflicts would produce
high probability of plant loss. In the event the Director authorizes a delay, a
temporary certificate of occupancy not to exceed six months may be issued to
complete the installation of required landscaping.
Maintenance of landscaping shall be the responsibility of the property owner. All
landscaping required by this chapter shall be permanently maintained in a healthy
growing condition. Trees that become diseased, severely damaged or die shall be
removed by the owner. All trees removed under this section shall be replaced in
accordance with the approved landscaping plan for the property. Lack of maintenance
shall constitute a violation of this Code.
13. Landscaping Plan Requirements
The landscaping plan shall be prepared and sealed by a registered landscape architect
and include the size and type of landscaping materials, the dimensions of the tract, and
a point calculation showing compliance with this provision..
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22.7022.70
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15. Recommended Planting Species
Refer to Appendix 22-A
22.80-22.100 RESERVED
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22.110 Sign Regulations
22.110.010 Purpose, Intent and Scope
Signage regulations are intended to promote commerce, traffic safety and community identity while
improving the visual environment of residential, commercial and industrial areas. This code
regulates permanent, temporary, and portable signs.
22.110.020 Prohibited Signs
The following signs are prohibited:
1. Signs which by coloring, shape, wording or location resemble or conflict with traffic control
signs or devices.
2. Signs that create a safety hazard for pedestrian or vehicular traffic.
3. Flashing signs.
4. Portable signs
5. Signs located within the public right-of-way, except official signs, and except bus benches
placed pursuant to an agreement with the City.
6. Signs attached to or placed on a vehicle or trailer parked on public or private property,
provided that this provision shall not be construed as prohibiting the identification of a
business or its product on a vehicle operating during the normal course of business.
7. Signs obstructing visibility within any Clearview Triangle as established in Section SVMC
22.70.
8. Billboards except when permitted as provided in SVMC 22.110.130.
9. Off-premises signs.
10. Temporary signs unless specifically allowed pursuant to SVMC 22.110.050.
11 Abandoned signs and sign structures.
22.110.030 Permit Required.
1 Other than for those uses listed in subsection 2 below, a sign permit is required for all
allowed permanent signs, temporary signs, and billboards.
2 Permits are not required for on-premises official signs; seasonal decorations; merchandise
displays; point-of-purchase advertising displays; national and state flags; flags of a political
subdivision; notice signs, pennants and streamers without advertising copy, symbolic flags
of non-profit institutions dedicated to public service; legal notices required by law; barber
poles; historic site designations; commemorative monuments/ plaques; gravestones;
advertising copy affixed to phone booths; donation and recycling containers; lettering or
symbols applied directly onto or flush-mounted magnetically to a motor vehicle operating in
the normal course of business; political signs supporting political issues, candidates or
ballot measures; replacement of copy on signs otherwise permitted; name plates with less
than 5 sq. ft. of copy area, directional signs with less than 4 sq. ft. of copy area; and murals
containing no copy.
3. Permit Applications shall include a site plan that provides the following information:
a. The location of the affected lot, building(s)and sign(s);
b. The scale of the site plan;
c. A scaled drawing of the proposed sign or sign revision, including size, height,
copy, structural footing details, method of attachment and illumination;
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d. The location of all existing signs on the site including size and height;
e. For signs subject to spacing regulations, the location of neighboring signs on
adjacent properties;
f. Approved sign plan, if applicable; and
g. Tax parcel number where proposed sign will be located
22.110.040 Number, General Regulations for Permitted Permanent Signs
1. Permitted permanent signs shall comply with the requirements of Table 22.110-1. No more
than the maximum number of either freestanding pole signs or monument sign structures
are allowed per parcel.
2. In addition to the permanent signs allowed pursuant to Table 22.110-1 a single decorative
emblem (or standard), constructed of durable vinyl with a thickness of not less than 13 mis.
for every 50 feet of frontage shall be allowed. The lowest horizontal member of the
bracket shall be located at a height of not less than seven feet above the adjacent grade.
3. Where three (3) or more single businesses agree to share a single sign structure, an
additional twenty percent (20%) of copy area shall be allowed up to a maximum of 250
square feet.
Table22.110-1 Location,Height and Copy Area Requirements
Maximum
O O
i f3 a
Land Use Zoning Districtc c c d
; 2 Additional Provisions
°
w0- aV� R n
Q Qrn Qa) R �_
.
E v) d ,t
d o 0 0 0 0 2 d
z s c) c.) w c.) w Cl) a
Attached Walls Signs
Institutional Residential Zones * * * n/a n/a n/a Y *25%of wall area
Single Business Residential Zones 1 n/a 60 n/a n/a n/a Y
All Mixed use and of wall area per
Non-residential Non-residential n/a . n/a n/a n/a Y
building
Zones
Free-standing Signs
Subdivision/Area
Name/Multi-Family All Zones 1* 10 32 n/a n/a n/a Y
Complex
Single business Neighborhood 1 20 100 n/a n/a 5 Y
Business (NC) Per arterial street
Multi-business Zones e
fronta
Complex 1' 20 n/a 100 n/a 5 Y g
Single business Mixed Use and 1* 30 n/a 100 200 5 Y
Non-Residential
Multi-business Zones(except NC) 1* 40 250 n/a n/a 5 Y
Complex
Non-residential All Non-Residential 1 50 250 n/a n/a 5 Y Adjacent to 1-90 only
Freeway' Zones
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Table22.110-1 Location,Height and Copy Area Requirements
Maximum
d Y
L (Q
Land Use Zoning District c c e, dE Additional Provisions
y .s
d < <w vi
a, < rn
E a) d
• d o 0 0 0 0 :2d
z x U O O v) d
Monument Signs
Subdivision/Area
Name/Multi-Family All Zones 1 10 32 n/a n/a n/a Y
Complex "Per arterial street
frontage
Single Business Neighborhood 1" 7 75 n/a n/a 5 Y "Per arterial street
Business (NC) frontage
Multi-Business Zones
Complex 2" 7 90 n/a n/a 5 Y
Single business All Mixed Use and 2* 7 90 n/a n/a 5 Y
Multi-business Non-Residential "Per street frontage
Complex Zones 2" 7 150 n/a n/a 5 Y
Other Signs
Directional All Zones n/a n/a n/a 5 n/a n/a N
Name Plates All Zones 1 n/a 4 5 n/a n/a N
22.110.050 Permitted Temporary Signs
1. Banners are allowed by temporary permit for a period of time not to exceed 30 days with a
single 30 day renewal within any calendar year.
2. Pennants, flags, and streamers, with copy are allowed by temporary permit for a period of
time not to exceed 60 days with a 60 day renewal. Additional temporary permits may be
obtained after 60 days have passed from the date of the expiration of the permit or a party
may obtain a single annual 75 day permit.
3. Special event signage, including search lights and inflatables are allowed by temporary
permit for a period of time not to exceed 7 days. All signs for a special event are covered
under a single permit. No more than 4 special event permits are allowed in any calendar
year.
4. Temporary on premises commercial signs are allowed without permit when posted in
conjunction with the alteration, construction, sale or lease of real property. Such signs
shall not exceed sixteen (16) square feet in copy area or seven feet (7'-0") in height. All
such signs shall be affixed to either the ground or a permanent structure by rope, wire, or a
mechanical device.
22.110.060 General Provisions Applicable to All Signs
1. All signs illuminated with exterior lighting shall have lighting confined to the sign, and
positioned and shielded to minimize impacts to the surrounding area(s). Gooseneck
reflectors and lights are permitted on permanent freestanding and wall Signs provided that
lighting or glare does not extend beyond the property line.
2. Electronic signs shall be permitted on the same basis as other signs, subject to the
requirements of Table 22.110-1.
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3. A roof mounted sign may be substituted for an allowed free-standing sign, provided that
the height of the sign structure may not exceed the maximum height requirements of the
zoning district in which the sign is located.
4. Signs located within the airport hazard area shall conform to the location and height
regulations set forth in SVMC19.420.040, Airport Hazard Overlay Zone.
5. No sign shall be erected, relocated or maintained in a manner that prevents the free
ingress or egress from any door, window or fire escape.
6. No sign shall be attached to a standpipe or fire escape except Official Signs.
7. Any sign erected or maintained within five feet (5'-0") of the public rights-of-way shall be
smooth and free of nails, tacks and wires.
8. All signs shall be maintained in good repair pursuant to SVMC 22.110.110
22.110.070 Comprehensive Sign Plan
Commercial development, shopping centers, industrial parks, mixed use developments, and hotel
conference centers exceeding five (5) acres in size may seek approval of a sign plan specific to the
proposed development. The Director of Community Development may approve a comprehensive
sign plan that allows deviations from the strict interpretation of spacing, height and area
requirements when the following is demonstrated:
1. The plan provides adequate signage for all proposed uses; and
2. The plan limits the number of free-standing sign structures; and
3. The total copy area of all signage does not exceed the amount which would otherwise be
permitted.
Any conditions imposed to secure approvals shall be binding on the applicant, his successors and
assigns.
Modifications/Amendments to the approved sign plan shall require reapplication and approval by
the Director. If the Applicant and Director cannot come to an agreement as to a comprehensive
sign plan or a modification/amendment to the same, the Director's decision may be appealed to the
Hearing Examiner pursuant to SVMC 17.50.
22.110.080 Aesthetic Corridors
1. The standards applicable to monument signs shown on Table 22.70-1 shall apply to
parcels adjacent to aesthetic corridors designated in the Spokane Valley Comprehensive
Plan:
a. State Route 27 (16th Avenue south to city limits)
b. State Route 27 (Mansfield to Trent)
c. Appleway Blvd. (south side only from Park Road to Dishman Mica)
d. Appleway Avenue (Barker Road to Hodges)
e. Dishman Mica Road (8th Avenue south to City limits)
f. 32nd Avenue within the City limits
g. Mirabeau Parkway (Pines Road to Indiana)
2. Only monument signs as shown on Table 22.70-1 shall be allowed with designated
aesthetic corridors.
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22.110.090 Sign Location and Front Setbacks
1. Monument signs exceeding three feet (3'-0") in height shall be setback ten feet from the
front property line and outside any border easement, provided that the requirements of
SVMC 22.70 Clearview Triangles of the Spokane Valley Uniform Development Code have
been met.
2. Freestanding signs with structural supports less than two feet (2'-0") in width, with copy
area placed at a height of seven feet or more above grade, may be located at the property
line, provided that the requirements of SVMC 22.70 Clearview Triangles of the Spokane
Valley Uniform Development Code have been met. Freestanding signs with structural
supports of more than two feet shall be set back not less than ten feet from the front
property line or border easement.
3. All temporary signs, except inflatable signs, shall be located at least five feet (5'-0") from
public rights-of-way.
4. Inflatable signs shall be set back at least ten feet from public rights-of-way.
5. All signs shall meet the vertical and horizontal clearance requirements of electric utilities.
6. All new free-standing signs shall be located in a landscaped area in accordance with
SVMC 22.70.030(10). Landscaping should ensure that signs are not blocked or obscured
by trees or bushes.
22.110.100 Sign Area Calculation
1. Sign area for wall signs shall be no more than twenty-five percent (25%) of the two-
dimensional area of a building's elevation, excluding eaves and gables.
PETE'S PRO GOLF
SIIN B
1 Maximum Height
Minimum Height Figure 1
Property Figure 2 Border A
Line
SIGN B1
1 Maximum Height
t Al
SIGN 2 = B2
Setback
SIGN 3 B3
Property Line
Figure 3
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2. The sign area of a freestanding sign for a single business shall be calculated as shown in
Figure 2 above. The sign area of a freestanding sign identifying multiple businesses shall
be computed by adding together the total area(s)of all signs as shown in Figure 3 above.
3. The sign area for multiple-sided signs shall be calculated as follows:
a. The total sign area for a two-sided sign shall be calculated using a single surface
of a sign with messages on both sides;
b. The sign area for a three-sided sign shall be the sum of all surfaces where two or
more signs share a single structure.
c. The gross surface area of both faces of a V-shaped sign;
d. The copy area of a monument sign.
4. For irregularly shaped signs, the sign area is calculated by enclosing the extreme limits of
the sign by no more than four (4) rectangles. The sum of the area of the rectangles shall
be the gross surface area. The maximum allowable area is reduced by ten percent (10%)
for the second and each subsequent rectangle used in the calculation, illustrated below.
a
A
DirC D
V
a. Conventional Measurement: Total area = a * b
b. Sum of Rectangles: Total area =Area (A+Area B+Area C+Area D+Area)
22.110.110 Maintenance of Signs
1. All signs shall be maintained in good repair. The Director of the Community
Development Department shall have the authority to revoke any permit for signs that are
tattered, torn, faded or otherwise in disrepair, and may require the removal of flags,
pennants and streamers which are torn, discolored or in disrepair.
2. All signage shall be maintained by the business, owner, or person in possession of the
property on which the sign is located. Maintenance shall be such that the signage
continues to conform to the conditions imposed by the sign permit.
3. Any damaged sign structure shall be repaired within thirty(30)days of notice.
4. Any signage which has been damaged to such extent that it may pose a hazard to
passersby shall be repaired or removed within forty-eight (48) hours of notice.
5. Any abandoned sign shall be removed by and at the expense of the property owner
within sixty (60) days of notice.
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22.110.120 Existing Nonconforming Signs.
Any permanent sign made nonconforming as a result of the adoption of these regulations may be
repaired, but not structurally altered or made more nonconforming in any way. If the sign is
removed in order to make repairs, it shall be replaced within sixty (60) days, or any nonconforming
rights are terminated. Thereafter, the sign shall conform to the requirements of this Chapter.
Notwithstanding other provisions of this Section, any sign or signs for which a temporary permit
has been issued by the City shall be permitted to remain at the location or locations authorized by
the permit for as long as the permit is valid and all the requirements of the permit have been met.
22.110.130 Billboards
1. New billboards shall be prohibited, provided however that existing billboards may be
replaced at another location with a structure and copy area of equal or smaller size in
mixed use and non-residential zoning except NC- Neighborhood Commercial zoning
districts as follows:
a. No replacement billboard shall exceed fifty feet (50'-0") in height;
b. No replacement billboard shall exceed 672 square feet in copy area;
c. Any replacement billboard may not be placed less than five feet (5'-0") from the
property line;
d. No billboard may be located within 1,000 feet of another billboard on the same
side of the street. Any replacement billboard shall be offset from any billboard on
the opposite side of the street by not less than 250 feet. Offset distance shall be
measured from a point perpendicular to and along the alignment of the roadway.
e. The owner of the billboard shall file a complete inventory of all billboards located
within the City, including date erected, height, size and location;
f. Issuance of a permit for billboard replacement shall be accompanied by a permit
for the destruction or removal of the billboard to be replaced; and
g. Any billboard that is not replaced within sixty (60) months following the issuance of
a demolition/removal permit shall not be replaced.
2. Replacement billboards shall not be permitted along designated aesthetic corridors.
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22.120 Wireless Communication Facilities
22.120.010 Purpose and Intent.
These standards were developed to protect the public health, safety, and welfare, and minimize
visual impacts on residential areas, while furthering the development of wireless communication
services. These standards were designed to comply with the Telecommunication Act of 1996. The
provisions of this section are not intended to and shall not be interpreted to prohibit or to have the
effect of prohibiting wireless communication services.
22.120.020 Permits and Exemptions.
Where a transmission tower or antenna support structure is located in a zoning district, which
allows such use as a permitted use activity, administrative review, and a building permit, shall be
required, subject to the project's consistency with the development standards set forth in SVMC
22.120.040, in instances where the use is not allowed as a permitted use activity, a conditional use
permit and building permit shall be required in addition to a demonstration of consistency with all
required development standards.
Exemption: Wireless radio utilized for temporary emergency communications in the event of a
disaster is exempt from the provisions of this section and shall be permitted in all zones.
22.120.030 Required Application Submittals.
All applications for wireless antenna arrays and wireless communication support towers shall
include the following:
1. A letter signed by the applicant stating that all applicable requirements of FCC, FAA, and
any required avigation easements have been satisfied.
2. A scaled site plan clearly indicating the location, type and height of the proposed tower,
antennas, on-site land uses and zoning, adjacent land uses and zoning, adjacent
roadways, proposed means of access, setbacks from property lines, elevation drawings of
the proposed tower, the equipment structure, fencing, buffering and the type of stealth
technology which will be utilized. The full, detailed site plan shall not be required if the
antenna is to be mounted on an existing structure.
3. The applicant shall have performed and provided a photographic simulation of the
proposed facility from all affected properties and public rights-of-way.
4. The applicant shall provide copies of any environmental documents required by the State
Environmental Policy Act.
5. The applicant shall have demonstrated effort to collocate on an existing support tower or
other structure. New support towers shall not be permitted within one (1) mile of an
existing support tower unless it is demonstrated that no existing support tower or other
structure can accommodate the proposed antenna array. The City reserves the right to
retain a qualified consultant, at the applicant's expense, to review the supporting
documentation for accuracy.
6. Evidence to demonstrate that no existing support tower or other structure can
accommodate the proposed antenna array may consist of the following:
a. No existing support towers or other structures are located within the geographic
areas required to meet the applicant's engineering requirements.
b. Existing support towers or other structures are not of sufficient height to meet
applicant's engineering requirements.
c. Existing support towers or other structures do not have sufficient structural
strength to support applicant's proposed antenna array and related equipment.
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d. The applicant's proposed antenna would cause electromagnetic interference with
the antenna on the existing support towers or other structures, or the antenna on
the existing support towers or other structures would cause interference with the
applicant's proposed antenna.
7. The applicant of a new tower shall provide a signed statement stating the applicant has
provided notice to all other area wireless service providers of its application to encourage
the co-location of additional antennas on the structure.
8. A signed statement from the owner and/or landlord to remove the facility or obtain another
permit for the facility within six (6) months of when the facility no longer operating as part of
a wireless communication system authorized and licensed by FCC.
9. Proof that all the necessary property or easements have been secured to assure for the
proper construction, continued maintenance, and general safety of the properties adjoining
the wireless communication facility.
22.120.040 Design Standards.
The support tower, antenna array, and supporting electrical and mechanical equipment shall be
installed using stealth technology. Stealth technology applies to all personal wireless service
facilities, including, without limitation, antennas, towers and equipment structures. For any facility,
"stealth technology" means the use of both existing and future technology through which a
personal wireless service facility is designed to resemble an object which is already present in the
local environment, such as a tree, streetlight, or traffic signal. It also includes:
1. For personal wireless service support towers:
a. If within existing trees, "stealth technology" means:
o The tower is to be painted a dark color;
o Is made of wood or metal; and
o A greenbelt easement is required to ensure permanent retention of the
surrounding trees.
b. Stealth technology for towers in a more open setting means that they must have a
backdrop (for example, but not limited to, trees, a hillside, or a structure) on at
least two sides, be a compatible color with the backdrop, be made of compatible
materials with the backdrop, and that architectural or landscape screening be
provided for the other two sides. If existing trees are the backdrop, then a
greenbelt easement is required to ensure permanent retention of the surrounding
trees.
c. Antennas shall be integrated into the design of any personal wireless service
tower to which they are attached. External projections from the tower shall be
limited to the greatest extent technically feasible.
d. For rooftop antennas or antennas mounted on other structures:
i. For Omni-directional antennas 15 feet or less above the roof, "stealth
technology" means use of a color compatible with the roof, structure or
background.
ii. For other antennas, "stealth technology" means use of compatible colors
and architectural screening or other techniques approved by the City.
2. For antennas mounted on one or more building facades "Stealth technology" means use of
color and materials such that the facility has architectural compatibility with the building. It
shall be mounted on a wall of an existing building in a configuration as flush to the wall as
technically possible and shall not project above the wall on which it is mounted.
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3. For equipment structures "Stealth technology" means locating within a building, or if on top
of a building, with architecturally compatible screening. An underground location, or above
ground with a solid fence and landscaping, is also considered stealth technology.
4. Advertising or display shall not be located on any support tower or antenna array;
however, the owner of the antenna array shall place an identification plate indicating the
name of the wireless service provider and a telephone number for emergency contact on
the site.
5. No artificial lights other than those required by FAA or other applicable authority shall be
permitted. All security lights shall be down shielded, and installed to be consistent with
SVMC Section 22.60.
6. The facility shall be enclosed by a site obscuring secured fence not less than six (6) feet in
height with a locking gate. No barbed wire or razor wire shall be permitted.
7. The support tower foundations, equipment shelters, cabinets or other on-the ground
ancillary equipment shall be buried below ground or screened with a site obscuring
secured fence not less than six (6) feet high. The requirement for a site obscuring fence
may be waived provided the applicant has secured all on the ground ancillary equipment
in a locked cabinet designed to be compatible with and blend into the setting and the
means of access for the support tower is located a minimum of twelve (12) feet above the
ground.
8. All support structure(s) for wireless communication antennas shall have their means of
access located a minimum of eight(8)feet above the ground unless the requirement for a
fence has been waived.
9. The support tower shall meet the minimum primary structure setback requirements for
the underlying zone.
10. Support towers shall not be permitted inside a public park, public monument or private
holding located within a public park or public monument.
11. The height of the support tower or antenna array above grade shall not exceed the
maximum height identified in Table 22.120-1 below. The height of a support tower shall
include antenna, base pad, and other appurtenances and shall be measured from the
finished grade of the parcel.
Table 22.120-1 Height Limitations
Zone Antenna Array Support Tower
R-1,Single Family Residential Estate
R-2,Single Family Residential Suburban
20 feet above the zoning
R-3,Single Family Residential Urban height limitation or 16 feet 60 feet
above existing structure
MF-1,Multifamily Medium Density Residential
MF-2,Multi Family High Density Residential
Mixed Use Center(MUC)
Corridor Mixed Use(CMU)
City Center(CC) 20 feet above the zoning
height limitation or 16 feet 60 feet
Garden Office above existing structure
Office
Neighborhood Business(B-1)
Community Business(B-2) 20 feet above the zoning 20 feet higher than the
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Zone Antenna Array Support Tower
Regional Business(B-3) height limitation or 20 feet maximum height allowed in
above existing structure the zone or 80 feet
Light Industrial(1-2) whichever is less*
Heavy Industrial(1-3)
*An additional twenty (20)feet in height for each additional antenna array co-located on the support tower, up to a
maximum tower height of one hundred(100)feet, including the height of all antennas.
22.120.050 Landscaping_
Refer to SVMC 22.70 for landscaping requirements applicable to the underlying zoning district.
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22.130 Streets, Sidewalks and Public Places
22.130.010 Purpose and Intent
The purpose of this Section is to assure the proper function of streets, arterials and the roadway
network. The City of Spokane Valley Arterial Street Plan adopted in the Comprehensive Plan
provides for future expansion of the street network. The intent of this Section is to maintain the
function and safety of the street infrastructure as additional traffic is generated from new
development supported in the Land Use Element of the Comprehensive Plan. This Chapter further
intends to: (1) improve roadway safety; (2) provide for roadway expansion; (3) establish new
roadways; and (4) clarify the authority of the City Engineer in regards to the future location and
width of roadways and right of ways.
22.130.020 Application of Requirements
All new development approvals and permits, including but not limited to, zone reclassifications,
divisions-of-land, conditional uses, variances, administrative permits, site development plans and
permits for new structures or site improvements shall comply with this Section. Any change to a
building, or any change in use of a building or site to such an extent that a permit or certificate of
occupancy is necessary, shall comply with the provisions contained herein. No permit or certificate
of occupancy shall be issued until plans demonstrating compliance with this Section have been
submitted and approved. Site improvements determined to be minor in character and not in
conflict with the purpose of this Section may be deemed exempt by the City Engineer.
22.130.030 Required Improvements and Dedication
Prior to the issuance of any approvals or permits subject to the provisions of this Section, the City
Engineer shall determine the extent and type of roadway improvements required to be constructed
as part of the development proposal. The City Engineer shall utilize the following in determining
the scope of the improvements: the Comprehensive Plan, the Arterial Street Map, the street
construction standards, and the functional, safety, efficiency and coordinated future expansion
needs of the roadway system to serve the traveling public and emergency vehicles. The City
Engineer shall determine the extent of additional right-of-way needed to support these
improvements and the process of dedicating the required land area. The City Engineer shall also
determine if the development proposal can participate in any City Capital Improvement Project as
included on the adopted Six Year Street Improvement Plan. In these cases, the development
proposal will be conditioned to provide a proportionate contribution to the anticipated project.
22.130.040 Standards for road and sewer construction
1. Pursuant to RCW 35A.11.020 and 35A.12.140 the city adopts by reference the Spokane
County Standards for Road and Sewer Construction. Unless the context requires
otherwise, references to Spokane County shall be construed to mean the City of Spokane
Valley and references to county staff shall refer to the City Manager or designee. The City
Clerk shall maintain a copy on file.
22.130.050 Regional Pavement Cut Policy.
The Regional Pavement Cut Policy, as it may be amended from time to time, is hereby adopted by
reference and is included as Appendix 22-A. In addition:
1. A Right-of-Way permit is required of any person or company cutting pavement within
existing City rights-of-way or on City owned infrastructure.
2. Permit fees are established in the Spokane Valley Master Fee Schedule.
3. A pavement cut moratorium is in effect for three years from the date of pavement or
reconstruction of pavement for all arterials, collectors and local access streets.
4. For pavement cuts occurring in roadways constructed or reconstructed beyond the
moratorium period, the requirements are summarized on the following table:
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Table 22.130-1
Arterial Streets: Years 4-5 Years 6-12 > 12 years
Pr&cipal Full Policy Full Policy Modified Policy
Mor Full Policy Modified Policy Trench Only
Neighborhood Collector Full Policy Modified Policy Trench Only
Local Access
Industrial/Commercial Modified Policy Modified Policy Trench Only
Residential Modified policy Modified Policy Trench Only
Full Policy: Repave full lane width
Modified Policy: Patch to not less than middle of lane
Trench Policy: No longitudinal joints in wheel path
5. Pavement cuts on roadways ten years old or less will have a warranty period of five
years.
6. Construction and traffic control plans for arterial work and roadways with posted speed
limits of more than 30 M.P.H. shall be submitted as part of the permit application.
22.130.060 Right of way Use
Right-of-way permit and use requirements are set forth in SVMC 9.15.
22.130.070 Manual on Uniform Traffic Control Devices.
The Washington Manual on Uniform Traffic Control Devices (MUTCD), as it may be amended from
time to time, is hereby adopted by reference.
22.130.080 Modification of Standards.
The responsibility and authority for developing recommendations for modifying and monitoring the
effectiveness of the standards for road and sewer construction of the City of Spokane Valley may
be delegated to city council committee according to council rules. The council committee shall work
with the city manager, designated staff and others to provide for road and sewer development that
promotes the orderly development of the City and serves the best interest of the residents. The
council shall periodically review the standards for road and sewer construction and modify and
amend the same from time to time, as necessary.
22.130.090 Liability.
The express intent of the City of Spokane Valley is that the responsibility for compliance with the
provisions of this article shall rest with the permit applicant and their agents. This article and its
provisions are adopted with the express intent to protect the health, safety, and welfare of the
general public and are not intended to protect any particular class of individuals or organizations.
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22.140 Street Vacations.
22.140.010 Purpose.
This chapter establishes the procedures, notice requirements and fees for the vacation of public
streets and alleys within the city in conformance with the authority granted to the city by RCW
35.79 and RCW 35A.47.020.
22.140.020 Initiation of Vacation.
The owners of an interest in any real property abutting any public street or alley who may desire to
vacate the street or alley, or any part thereof, may petition the City Council. In the alternative, the
City Council may itself initiate a vacation by resolution. The petition or resolution shall be filed with
the City Clerk.
1. Petition for Vacation. The petition shall be in a form prescribed by the Community
Development Director (hereinafter referred to as the "Director") or his or her designee
and shall be signed by the owners of more than two-thirds of the property abutting the
portion of the street or alley sought to be vacated.
2. Petition fees. Every petition for the vacation of any public street, alley or any part thereof,
shall be accompanied by a fee in an amount established by resolution of the city to defray
the administrative costs incurred in processing the petition and publishing, posting and
mailing notices. The set amount shall be stated in the City of Spokane Valley Master Fee
Schedule. Once paid, the fees shall not be refunded.
3. Submittal Requirements for Petitions.
Every petition shall be accompanied by the following:
a. A Spokane County Assessor's Map showing with a solid red line the portion of the
street or alley sought to be vacated;
b. A vicinity map showing the general area of the proposed vacation;
c. A copy of the record of survey, if available, for the subject street and alley
proposed for vacation and abutting properties and streets and alleys within 100
feet on all sides of the proposed vacation;
d. Written evidence of any and all utility easements, other allowances or
reservations, whether public or private, pertaining to the street or alley proposed
for vacation; and
e. A written narrative describing the reasons for the proposed street vacation, the
physical limits of the proposed street vacation and the public benefit of the
proposed street vacation.
4. Setting of Hearing. Upon receipt of the petition, the fee and all required documents, the
City Clerk shall forward the petition and required documents to the Director, who shall
determine whether the petition has been signed by the owners of more than two-thirds of
the property abutting the part of the street or alley to be vacated. If the petition has been
signed by the requisite percentage of such owners, the Director shall bring the petition
before the City Council within 30 days of receipt of the petition, and the City Council shall
by resolution fix the time when the petition will be heard by the City Council, or a
committee of the City Council, which time shall not be more than 60 days nor less than
20 days after the adoption of the resolution. Where the City Council initiates the vacation
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by resolution, that resolution shall fix the time when the proposed vacation will be heard
by the City Council or a committee of the City Council.
5. Staff Report. The Director, in conjunction with the Public Works Department shall
prepare a report concerning the proposed vacation. The Public Works Department shall
evaluate the advisability of the proposed vacation based on the existing and future
transportation system needs and requirements. The report shall address the criteria to
be considered by the City Council in determining whether to vacate the street or alley,
and such other information as deemed appropriate by the Director including but not
limited to drainage requirements, street closure requirements such as the removal and
replacement of concrete, asphalt, and placement of barriers limiting vehicle movements.
In preparing the report, the Director shall solicit comments from the Police Department,
the Fire Department and may solicit comments from other governmental agencies and
utility companies having jurisdiction or utilities within the boundaries of the City. The
report shall be submitted to the Planning Commission and to the petitioner and his or her
representative, not less than seven (7)calendar days before the hearing.
6. Notice of Hearing. Upon the passage of the resolution fixing the time for hearing the
petition or proposal for vacation, the City Clerk, or the Director, acting under direction and
supervision of the City Clerk, shall give not less than 20 days' notice of the time, place and
purpose of the hearing by:
a. Posting of a written notice in three (3)conspicuous places in the City;
b. Publishing written notice once in the City's official newspaper;
c. Posting a minimum twenty-four (24) inch by thirty-six (36) inch notice sign in a
conspicuous place at each end of the street or alley sought to be vacated
describing the proposed vacation and the date, time and location of the public
hearing; and
d. Mailing written notice to all petitioners at the addresses on the petition and all
owners of property abutting the street or alley proposed to be vacated, as shown
on the records of the Spokane County Assessor, not to exceed ninety (90)
calendar days from the date of the public hearing. The Director shall send the
same written notice to the representative of the petitioners at the address on the
petition.
7. Protest. If fifty (50) percent or more of the abutting property owners file written objections
to a City Council-initiated vacation with the City Clerk, prior to the time of the hearing, the
city shall be prohibited from proceeding with the vacation.
22.140.030 Planning Commission Review and Recommendation.
1. The hearing on the petition or proposal shall be held before the Planning Commission
upon the day fixed by resolution or at the time to which a hearing may be adjourned. In
its consideration of the proposed vacation of the street or alley, the Planning Commission
shall render a recommendation based on the following criteria:
a. Whether a change of use or vacation of the street or alley will better serve the
public;
b. Whether the street or alley is no longer required for public use or public access;
c. Whether the substitution of a new and different public way would be more useful to
the public;
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d. Whether conditions may so change in the future as to provide a greater use or
need than presently exists; and
e. Whether objections to the proposed vacation are made by owners of private
property (exclusive of petitioners) abutting the street or alley or other governmental
agencies or members of the general public.
2. Following the hearing, the Director shall forward the Planning Commission's
recommendation and the hearing minutes to the City Council at a regularly scheduled
meeting. If a hearing is held before the Planning Commission, it shall not be necessary
to hold a hearing before the City Council, provided that the City Council may at its
discretion determine to hold a separate hearing on the proposal.
22.140.040 City Council Decision.
1. Following the hearing and receipt of the Planning Commission's recommendation the City
Council shall determine whether to vacate the street or alley. The determination shall
consider, but not be limited to, the findings of the Planning Commission.
2. If the City Council determines to grant the vacation, the action shall be made by
ordinance with such conditions or limitations as the City Council deems necessary and
proper to preserve any desired public use or benefit. The ordinance shall contain a
provision retaining or requiring conveyance of easements for construction, repair and
maintenance of existing and future utilities and services.
3. Pursuant to RCW 35.79.040, the City Council in approving a street vacation request shall
specify that the vacated portion of the street or alley shall belong to the abutting property
owners, one-half to each, unless factual circumstances otherwise dictate a different
division and distribution of the street or alley to be vacated.
4. The City Council reserves the right to require compensation as a condition of approval of
ordinance action, provided that such compensation shall comply with the requirements of
RCW 35.79.030, and further, that any required compensation shall be paid to the City
prior to the City's participation in required title transfer actions. Any transfer of title
pursuant to this section shall be by quit claim deed.
22.140.050Vacation of Waterfront Streets.
1. The city shall not vacate a street or alley if any portion of the street or alley abuts a body of
water unless:
a. The vacation is sought to enable the City to acquire the property for beach or
water access purposes, or launching sites, park, public view, recreation,
educational purposes, or other public uses;
b. The City Council, by resolution, declares that the street or alley is not presently
being used as a street or alley and that the street or alley is not suitable for any of
the following purposes: beach or water access, launching sites, park, public view,
recreation, or education; or
c. The vacation is sought to enable the City to implement a plan, adopted by
resolution or ordinance, that provides comparable or improved public access to the
same shoreline area to which the street or alley sought to be vacated abuts, had
the properties included in the plan not been vacated.
2. Before adopting an ordinance vacating a street or alley under subsection (1)(b) of this
section, the City Council shall:
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a. Cause an inventory to be compiled of all rights-of-way within the city that abut the
same body of water that is abutted by the street or alley sought to be vacated;
b. Cause a study to be conducted to determine if the street or alley to be vacated is
unsuitable for use by the city for any of the following purposes: launching sites,
beach or water access, park, public view recreation, or education;
c. Hold a public hearing on the proposed vacation in the manner required by RCW
35.79 and this chapter; and
d. Include in its written decision a finding that the street or alley sought to be vacated
is not suitable for any other purposes listed under subsection (2)(b) of this section,
and that the vacation is in the public's interest.
3. Notice of the public hearing on the proposed vacation shall be provided in accordance with
SVMC 22.140.020 subsection 6, provided, that the City shall also post notice of the public
hearing conspicuously on the street or alley sought to be vacated, which notice shall
indicate that the area is a public access, that the street or alley is proposed to be vacated,
and that anyone objecting to the proposed vacation should attend the public hearing or
send a letter to the Director indicating the objection.
22.140.060 Application of Zoning District Designation.
The zoning district designation of the properties adjoining each side of the street or alley to be
vacated 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. The
adopting ordinance shall specify this zoning district extension inclusive of the applicable zoning
district designations.
22.140.070 Recording of ordinance.
A certified copy of the ordinance vacating a street or alley or part thereof, shall be recorded by the
City Clerk in the office of the Spokane County Auditor.
22.140.080 Compliance to City Council Conditions.
All conditions of City Council authorization shall be fully satisfied prior to any transfer of title by the
City.
22.140.090 Record of Survey Required.
Following the City Council's passage of the ordinance approving the proposal to vacate the street
or alley, a record of survey prepared by a registered surveyor in the State of Washington and
including an exact metes and bounds legal description and specifying, if applicable, any and all
easements for construction, repair and maintenance of existing and future utilities and services,
shall be submitted by the proponent to the Director. Said record of survey shall contain the
professional stamp and signature of the registered surveyor, and the proponent indicating
acceptance of the vacated.
22.140.100 Monumentation.
The surveyor shall locate a monument at the intersection of the centerline of the vacated right-of-
way with each street or right-of-way in accordance with the standards established by this Chapter.
22.140.110 Costs of Title Transfer to be borne by Proponent.
All direct and indirect costs of title transfer of the vacated street or alley from public to private
ownership including but not limited to title company charges, copying fees, and recording fees are
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to be borne by the proponent. The City assumes no financial responsibility for any direct or indirect
costs for the transfer of title.
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22.150. Stormwater Management Regulations
22.150.010 Finding and Purpose.
The increased flow of surface water from the use and development of real property within the City
must be managed to protect persons, property, and the environment. Stormwater facilities are a
common feature of urban development which must be constructed and maintained when property
is developed or redeveloped within a geographic area. The City shall implement policies and
procedures to:
1. Minimize the degradation of water quality in surface and groundwater;
2. Reduce the impact from increased surface water flow, erosion and sedimentation
caused by the development of property;
3. Promote site planning and land development practices that are consistent with the
topographical and hydrological conditions; and
4. Maintain and protect public and private property that is used and dedicated for
stormwater management.
22.150.020. Definitions.
The following definitions shall apply throughout this chapter:
Best management practices (BMP): Currently available, feasible and generally accepted
techniques or practices that mitigate the adverse impact from the uncontrolled
stormwater on the environment, surrounding properties and infrastructure.
City Property: Real property owned by the City which may include easements,
dedications and rights-of-way.
City Standards: The "Spokane County Guidelines for Stormwater Management" and
other standards developed or recognized by the Director that relate to best management
practices, threshold requirements for a site drainage plan, exemptions, permitting
processes forms and such other matters for the administration of stormwater control.
Director: The City Director of Public Works as authorized by the City Manager.
Erosion: The disturbance of land or transportation of soil or other native materials by
running water, wind, ice or other geological agents.
Pollution Generating Impervious Surface (PGIS): Surfaces that are subject to vehicular
use, industrial activities, or storage of erodible or leachable materials that receive direct
rainfall, or run-on or blow-in rainfall. Metal roofs are PGIS unless coated with an inert,
non-leachable material. Roofs that are subject to venting of commercial or industrial
pollutants are also considered PGIS. A surface, whether paved or not, shall be
considered PGIS if it is regularly used by motor vehicles. The following are considered
regularly-used surfaces: roads, graveled and/or paved road shoulders, bike lanes within
the traveled lane of a roadway, driveways, parking lots, unfenced fire lanes, vehicular
storage yards, and airport runways.
Site Drainage Plan: A plan prepared by a professional engineer licensed in the State of
Washington that identifies the stormwater control area, stormwater facilities and other
measures reasonably required by the Director. The plan shall contain analysis and
recommendations based upon the "City Standards".
Standard Soils: Soils comprised of the Natural Resources Conservation District groups:
Garrison, Springdale, Bonner, and Hagen.
Stormwater: That portion of precipitation or snow melt that has not naturally percolated
into the ground or otherwise evaporated, but is contained, transported or flowing above
ground through streets, swales, channels, pipes, artificial or natural surfaces.
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Stormwater Facility: The drainage system including, but not limited to, drywell, channel,
inlet, curb drop, swale, ditch, detention, retention, and/or infiltration facility designed to
contain and control stormwater.
Swale: A constructed depression for the treatment and disposal of stormwater runoff. The
swale shall be designed by an engineer licensed in the state of Washington.
Threshold Requirements: The level of development, volume, or peak flow of stormwater
that must be controlled.
Performance Surety: A financial guarantee that infrastructure required for a project will be
constructed and certified according to the accepted plans and specifications and all
applicable standards.
Warranty Surety: A financial guarantee against defects in the construction of all required
infrastructure for a project.
22.150.030. Regulated Activities.
No person on any public or private real property located within the City, shall engage in the
following regulated activities without first obtaining stormwater control approval from the City. The
regulated activities for development are:
1. Grading of land in excess of 500 cubic yards so as to require environmental review
pursuant to the State Environmental Policy Act;
2. Construction of, or addition to, a building (except a single-family or duplex
residence) or placement of impervious surfaces that exceed 5,000 square feet;
and
3. The subdivision, short subdivision and binding site plan process as defined in
RCW 58.17 and SVMC Title 20.
22.150.040 Authority to develop and administer standards.
The Director shall develop and administer City Standards that relate to best management practices
and the threshold requirements for the development of stormwater control facilities. The Director is
further authorized to develop policies that relate to the submission and modification of stormwater,
erosion and sediment control plans.
Requirements and performance standards that include best management practices shall be
designed to control and contain stormwater, reduce soil erosion and sedimentation through the use
of temporary and permanent practices and facilities. The requirements shall be designed to permit
flexibility in the choice of stormwater erosion and sediment control methods that meet the specific
circumstances of each site and intended use.
22.150.050. Review Process
Following submittal of a request to engage in a regulated activity, the Director shall review the
proposed regulated activity including any plans or other submitted material. The Director shall
determine whether the regulated activity is exempt from review based upon the threshold
requirements, or alternatively, whether the regulated activity complies with the standards,
specifications and requirements contained in the City standards. The Director may require the
submission of additional material and/or analysis to allow the proponent to demonstrate
compliance with City Standards.
22.150.060 Conditions of Approval.
The Director is authorized to impose development requirements or conditions of approval for the
regulated activities. The stormwater requirements or conditions may be placed on the subdivision,
binding site plan, issued permit, or a recorded maintenance covenant and agreement may be
placed upon a parcel or lot where drainage facilities will be developed.
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Conditions of approval shall be based on the City Standards, the preliminary Site Drainage Plan,
engineering reports or other relevant data that promotes stormwater control, protection of adjacent
properties, utilities or other stormwater facilities, slope stabilization and the environment.
The recorded covenant and agreement shall be in substantially the following form.
1. "Buyer is purchasing from Seller Lot Block in the final plat of
recorded in the records of the Spokane County Auditor on the_day of , 200_,
at volume of Plats, Page , situated in the City of Spokane
Valley, Spokane County, Washington.
2. In accordance with the final plat and the Conditions of Approval thereof, the above
described lot contains an easement for a drainage swale into which stormwater flows from
paved surfaces within the plat and from roadway and sidewalks adjacent to the plat.
3. The drainage swale has been constructed, sodded with grass, and connected to a
sprinkler irrigation system.
4. The Parties desire to provide for the perpetual maintenance, repair and replacement of the
drainage swale and its irrigation system.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein and the recitals stated above, the Parties agree as follows:
1. Buyer agrees to maintain the drainage swale on the lot described above by mowing,
fertilizing and watering the grass in the swale to keep the grass healthy and the swale well-
kept in appearance.
2. Buyer understands that the drainage swale is irrigated by a sprinkler system which is
connected to the house constructed on the Lot described above, and that Buyer will be
providing and paying for water to irrigate the drainage swale. In addition Buyer agrees to
keep the drainage swale irrigation system in good repair and functional for its intended
purpose.
3. Buyer agrees to remove litter and debris from the drainage swale and further agrees not to
alter the shape or grade of the drainage swale nor place any object, structure, or vehicle
within the drainage swale.
4. The City of Spokane Valley will clean and repair any drywells, inlets, and pipes that receive
runoff from public right of way and conform to City access standards.
5. Buyer understands and agrees that if the drainage swale is not kept and maintained as
provided herein, the City of Spokane Valley may undertake said maintenance and repair
and charge Buyer for its labor and maintenance.
6. The Agreement shall run with the land in perpetuity unless revoked by the City of Spokane
Valley."
The City may also enter into a development agreement with the person having ownership or
control of the real property that is subject to this Ordinance. Such development agreement shall be
entered into pursuant to RCW 36.706.170, et. sec.
22.150.070 Design Elements.
Drainage facilities within single-family or two-family residential subdivisions shall be designed as
follows:
1. Continuous swales running the length of the street located between the curb and sidewalk.
These swales shall be within City right-of-way or within a border easement granted to the
City, or;
2. Consolidated ponds or swales that are located on a separate tract or lot owned by a
homeowners association or dedicated to the City. Consolidated ponds or swales are
acceptable on private commercial developments.
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22.150.080. Design Method.
Drainage ponds and swales located in Garrison or other standard soils shall use the equation
below to determine the size of the facility:
V= 1133 A, where
V =Volume of swale (cubic feet)
A = Pollution generation impervious surface (acres)
All swale designs within the City shall specify the use of an engineered treatment soil. This soil
shall be placed at a minimum thickness of six inches between the native soil and the sod layer.
Engineers designing drainage facilities located in non-standard soils must submit a design
deviation in accordance with SVMC 22.140.090 and receive approval from the Director prior to
utilizing the above method in their design. Geotechnical justification will be required.
22.150.090. Deviations and Appeals
1. Authority. The Director may grant a deviation from the requirements of this Ordinance or
City Standards. In granting any deviation, the Director may prescribe conditions that are
deemed necessary or desirable for the public interest.
2. Deviation Criteria. No deviation shall be granted unless the applicant demonstrates, to the
satisfaction of the Director, the following:
a. Deviations are based upon sound engineering principles, best management
practices and are not inconsistent with the public interest in stormwater control and
environmental protection; and
b. The granting of the deviation will not be unduly detrimental or injurious to other
properties in the vicinity and downstream.
c. The proposed deviation does not conflict with or modify a condition of approval.
d. Deviations meet requirements for safety, function, appearance, and
maintainability.
3. Prior approval: Any deviation shall be approved prior to acceptance of residential and
commercial construction plans and issuance of any building, approach, or site work
permits.
4. Right of appeal: All actions of the Director in the administration and enforcement of this
chapter shall be final and conclusive, unless within 15 days from notice of the Director's
action, the applicant or an aggrieved party files a notice of appeal with the Hearing
Examiner.
22.150.100. Stormwater Facility Construction and Certification.
All stormwater facilities shall be completed and certified by the proponent's engineer prior to any
final plat, short plat, binding site plan, or the issuance of a permanent Certificate of Occupancy or
final inspection for any associated building. At the discretion of the Director, a test of the facility
may be performed to demonstrate adequate performance. The test shall be performed in the
presence of Public Works personnel.
Acceptance of performance sureties in lieu of completed improvements shall be permitted only
when completion of improvements prior to final land action or permanent Certificate of Occupancy
is impractical (i.e., due to construction season delays or other factors beyond the proponent's
control).
In the event that a performance surety is accepted by the Director, the proponent will complete the
following measures prior to the release of the surety:
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1. All aspects of the drainage facility, including landscaping, irrigation, and establishment of
specified vegetation, shall be completed in accordance with the accepted plans on file with
the City. The proponent's engineer shall certify the improvements and request an oversight
inspection from Public Works personnel.
2. An exception may be granted for single-family or two-family residential subdivisions where
the completion of the swales is not practical until such time as the dwellings are
constructed. The proponent shall rough grade the swales to the required volume and
install all drywells, inlets, curb drops and other structures in accordance with the accepted
plans on file with the City. Erosion control measures shall be implemented to protect the
installed drainage structures and to prevent erosion and/or failure of the swale side slopes.
The completion of the landscaping, irrigation, and establishment of specified vegetation
shall be required prior to issuance of the permanent Certificate of Occupancy or final
inspection for any associated dwelling.
A warranty surety shall be submitted to the City upon successful completion and certification of all
public improvements to guarantee against defects in construction. The warranty surety will be for
a period of two (2)years from the date the facility is accepted by the City.
22.150.110. Inspection.
The Director is authorized to field inspect, as appropriate, street, building site, and drainage
construction to verify conformance with City standards and the conditions of approval.
22.150.120. Property Owner Responsibilities.
1. The property owner shall comply with provisions of this section and City standards. The
property owner shall be responsible for repair, restoration, and perpetual maintenance of
the stormwater facility installed on private property and any portion of the swale situated in
a public right-of-way adjacent to their respective properties. For purposes of this chapter,
"repair and restoration" shall mean conforming the stormwater facility to the plans on file
with the City. This responsibility to repair, restore and maintain shall be imposed without
regard to any fault or wrongful intention on the part of the property owner. "Maintenance"
means preservation of the original area, volume, configuration and function of the
stormwater facility as described in the plans. "Maintenance" also includes mowing,
irrigating, and replacing when necessary, the lawn turf within the swales. The property
owners within single-family and two-family residential subdivisions are not responsible for
maintenance of structures such as drywells, inlets, and pipes that receive runoff from public
right of way and conform to City access standards. The City of Spokane Valley will maintain
these structures upon acceptance of the public infrastructure.
2. The property owner is responsible for keeping open the drainage and stormwater
easements on their property. If a drainage or stormwater easement is unlawfully
encroached upon or the function of a designated drainage or stormwater easement is
reduced, the property owner is responsible for removing the encroachment or detriment.
3. The property owner is responsible for keeping open maintenance access easements
serving drainage facilities and drainage easements.
4. The Property owner shall not place or permit, and shall immediately remove, vehicles,
equipment, objects, refuse, garbage or litter from the Stormwater Facility.
22.150.130. Public Drainage Facilities.
It shall be unlawful for any person to throw, drain, pour or otherwise discharge unauthorized waters
or other liquids onto City property, rights-of-way, or border easements, without written permission
of the Director. For purposes of this chapter, unauthorized waters include, but are not limited to:
1. Groundwater from springs or other natural or artificial sources, foundation drains,
sump pumps, and other means of discharging groundwater to the surface;
2. Surface water containing sediment;
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3. Discharges from swimming pools, hot tubs, detention or evaporation ponds;
4. Water discharged from the cleaning of containers or equipment used in laying, cutting, or
processing concrete and mortar and the water used in such processes;
5. Water discharged from the cleaning of equipment or containers holding paint solvents or
similar contaminants; and
6. Other water posing a safety hazard in the travel way or that could reduce the effectiveness
of stormwater control and treatment facilities.
22.150.140. Failure to Comply—Nuisance.
The following is declared to be unlawful and a public nuisance:
1. The placement, construction, or installation of any structure within, or the connection to, a
public Stormwater Facility without written permission of the Director; or
2. The discharge of stormwater to a public Stormwater Facility without permission of the
Director; or
3. The failure to construct or maintain the Stormwater Facility as required in the permit or site
drainage plan; or
4. The placement or allowing the placement of vehicles, equipment, objects, refuse, garbage,
or litter within the stormwater facility.
22.150.150 Enforcement.
Enforcement of this chapter shall be pursuant to SVMC 17.80.
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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
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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
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: 7c .
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
®®®f 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.
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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 ®®®®®®
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 1/2 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.
®®®®®®• 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:
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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.
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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
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.
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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.
iii. Delete the text of section 104.5.3 in its entirety and replace with the
following:
4 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
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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
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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.
®®®®.e. Delete the text of section 602.2 Residential occupancies and replace with the
®:r®®®�. 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.
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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
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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
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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.
ii. 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
111 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.
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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
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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.
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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. Amy
b.Provision for retaining or slough walls.
Ar
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
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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,
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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.
b. All discrepancies encountered with the approved plans and resolutions of those
.4
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