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Agenda 05/24/2007 SPOKANE VALLEY PLANNING COMMISSION AGENDA Council Chambers - City Hall 11707 E. Sprague Avenue May 24, 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 — Deliberations Title 19, Use Matrix Deliberations Definitions, Deliberations Title 22, Uniform Development Code, Development 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.spokanevallev.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 District �®®®� R-4 -Single-family Residential Urban District ®®®®® MF-1 - Multi-family Medium Density Residential District`1®®° MF-2 - Multi-family High Density Residential District ° ®®®®� MUC - Mixed Use Center District ;® —�®®®®� ® ®®®®®®®®Ye.. •V Corridor Mixed Use District CC -City Center District GO -Garden Office District 0 -Office District NC - Neighborhood Commercial District `*�® C -Community Commercial District RC - Regional Commercial District I-1 - Light Industrial District 1-2 - Heavy Industrial District CF - Community Facilities District 19.20.020. Zoning District Map. The boundaries of the zoning districts established herein are delineated upon the official zoning map of the City adopted as part of this Code as if contained herein. The official zoning map shall be filed in the office of the City Clerk. It shall be the duty of the Community Development Director (Director) to update and maintain the official zoning map by entering any changes that the City Council (Council) may approve. 19.20.030 Zoning District Boundary Considerations In determining the boundaries of any zoning district the following rules shall apply: 1. Boundaries indicated as approximately the centerline of streets, highways, or alleys shall be construed to follow such centerlines. P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\Title 19 Clean version 5-15-07.doc Page 1 of 33 PC Recommended Draft Uniform Development Code Title 19-Zoning 2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. 3. Whenever any street, alley or other public way is vacated by official action of the City Council, the zoning district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all regulations of the extended districts. 4. Where the streets or alleys on the ground differ from the streets or alleys as shown on the Zoning Map, the streets or alleys on the ground shall control. 5. Boundaries indicated as approximately following city limits shall be construed as following city limits. 6. Boundaries indicated as following railroad lines shall be construed to be midway between the right-of-way lines. 7. Boundaries indicated as following the centerline of all creeks, streams or drainage ways shall be construed to follow such centerline. 8. Distances not specifically indicated on the Official zoning map shall be determined by the scale of the map. 9. The zoning classification applied to a tract of land adjacent to the street shall extend to the centerline of the street, unless as a condition of zoning approval, it is stated that the zoning classification shall not apply to the street. Where physical features on the ground are at variance with information shown on the official zoning district map or when there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the application of the above subsections, the property shall be considered in the same manner as provided for newly annexed territory. 19.20.040 Newly Annexed Territory. Upon annexation of property, in the absence of a pre-established zoning designation therefore, the City Council shall, within the annexation ordinance, establish an interim classification for the property on the city's official zoning map. The interim zone shall be consistent with the annexation area's comprehensive plan designation. If an interim zoning district is established, it shall be in place no longer than twelve (12) months unless otherwise provided by ordinance. 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. P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\Title 19 Clean version 5-15-07.doc Page 2 of 33 PC Recommended Draft Uniform Development Code Title 19-Zoning 3. The Commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determines the zoning district or districts where such use should be permitted. Proposed changes in the Schedule of Permitted Uses for any new or unlisted uses shall be transmitted to the City Council (Council) following notice and hearing. 4. The Council shall by ordinance approve, modify, or deny the recommendation of the Commission. 19.30 Non-Conforming Uses and Structures. 1. Applicability Legal non-conforming uses and structures include: ..A 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 probatecoopxcwetmon Discontinuanceshallbe of a non-conformingpermittedto usentinuefr shalla commenceeriodnot to eon theeed actualtnye-act or date ths.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 ii. 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 NAICS codes; and Hi. 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: P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\Title 19 Clean version 5-15-07.doc Page 3 of 33 PC Recommended Draft Uniform Development Code Title 19-Zoning i. The expanded use places no greater demand on transportation and other public facilities than the original use; and 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 in accordance 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. o. Off-street loading and/or parking, stormwater detention and landscaping shall be provided for the alteration or expansion in accordance with current provisions. ®® s e. Any non-conforming structure damaged by fire, flood, neglect or act of God may be ®®®®6 replaced if: ®®®®e 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. P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\Title 19 Clean version 5-15-07.doc Page 4 of 33 PC Recommended Draft Uniform Development Code Title 19-Zoning 19.40 Changes & Amendments. 19.40.010 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. 19.40.020 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. 19.40.030 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. 19.40.040 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. 19.50 District Purpose & Supplemental Use Regulations Residential Zones 19.50.010. 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. 19.50.020 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 19.40-1. . Townhouses are P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\Title 19 Clean version 5-15-07.doc Page 5 of 33 PC Recommended Draft Uniform Development Code Title 19-Zoning 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 be 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 R-4 MF-1 MF-2 PRD Lot Area/Dwelling 25,000 10,000 7,500 6,000 3,600 2,000 Underlying Unit zone Lot Width 80 80 65 50 50 20 30 Lot Depth 100 90 90 80 80 80 50 g Front&Flanking E Street Yard 35 15 15 15 15 15 15 Setback(2) Garage Setback(2) 35 20 20 20 20 20 20 Rear Yard Setback(') 20 20 20 20 10 10 15 Side Yard Setback (1) 5 5 5 5 5 5 5 Open Space 10%gross area E Lot Coverage 30.0% 50.0% 50.0% 55.0% 60.0% 65.0% 60.0% E Building Height(in 35 35 35 35 40 50 Underlying) done 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. Attached garages, where the garage door does not face the street, may have the same -2 setback as the principal structure. P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\Title 19 Clean version 5-15-07.doc Page 6 of 33 PC Recommended Draft Uniform Development Code Title 19-Zoning 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; iii. 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 19.40.050 R-3 - Single Family Residential District Low density residential development intended to preserve the character of existing development subject to the dimensional standards of Section 19.40 19.40.060 R-4 - Single Family Residential Urban District Low density residential development intended to preserve the character of existing development subject to the dimensional standards of Section 19.40 19.40.070 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. 19.40.080 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. P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\Title 19 Clean version 5-15-07.doc Page 7 of 33 PC Recommended Draft Uniform Development Code Title 19-Zoning 19.40.090 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. 19.40.100 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. b. The accessory apartment dwelling unit shall be a complete, separate housekeeping unit. c. The entrance to the accessory apartment dwelling unit shall be located on the side or in the rear of the structure or in such a manner as to be unobtrusive in appearance when viewed from the front the street. d. The accessory apartment dwelling unit shall not have more than 2 bedrooms. 2. Detached accessory apartment dwelling: a. Shall be located behind the front building setback line and placed on a permanent foundation. b. All side and rear yards shall be preserved. c. Shall not be allowed on lots containing a duplex, multi-family dwelling or accessory apartment contained within the principal structure. d. Shall have a pitched roof with a minimum slope of 1:3. 19.40.110 Other Accessory Structures 1. Tower, Private (Ham Operator) provided: a. A building permit for the private tower is obtained from the City, reviewed and approved by the Community Development Department— Planning Division; b. The applicant shall furnish a site plan showing the height and location of the private tower; c. The applicant shall furnish a copy of the tower manufacturer's construction and erection specifications; d. The private tower shall be erected in accordance with the manufacturer's specifications; e. The applicant shall show the impact area (that area in all directions equal to the tower's height above grade) completely on his/her property. Up to one-half(1/2) 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 P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\Title 19 Clean version 5-15-07.doc Page 8 of 33 PC Recommended Draft Uniform Development Code Title 19-Zoning 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 recorded an easement(s) for all property in the tower's impact area. e. Before issuance of a conditional use permit, the applicant shall have demonstrated all the applicable requirements of the Federal Communications Commission, Federal Aviation Administration and any required avigation easements can be satisfied. 19.40.120 Manufactured Housing 1. Pursuant to the requirements of RCW 35.21, the city does not discriminate against consumers' choices in the placement or use of a home that is not equally applicable to all homes. This section applies only to manufactured housing units placed on individual lots. 2. Homes built to 42 U.S.C. 7 Sec. 5401-5403 standards (as they may be amended ) are regulated for the purposes of siting in the same manner as site built homes, factory built homes, or homes built to any other state construction or local design standard, provided however that the manufactured home shall: a. be a "new" manufactured home; and b. be set upon a permanent foundation, as specified by the manufacturer, and that the space from the bottom of the home to the ground be enclosed by concrete or an approved product which can be either load bearing or decorative; and c. comply with all local design standards, including the requirement for a pitched roof with a slope of not less than 4:12, applicable to all other homes within the neighborhood in which the manufactured home is to be located; and d. be thermally equivalent to the state energy code; and e. otherwise meet all other requirements for a designated manufactured home as defined in RCW 35.63.160. 3. This section does not override any legally recorded covenants or deed restrictions of record. A"new manufactured home" means any manufactured home required to be titled under 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 P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\Title 19 Clean version 5-15-07.doc Page 9 of 33 PC Recommended Draft Uniform Development Code Title 19-Zoning c. Has exterior siding similar in appearance to siding materials commonly used on conventional site-built International Building Code single-family residences. 19.40.130 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. 19.40.140 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. P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\Title 19 Clean version 5-15-07.doc Page 10 of 33 PC Recommended Draft Uniform Development Code Title 19-Zoning 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. 19.40.150 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 twenty five 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. 19.50 Planned Residential De,elopments 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. P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\Title 19 Clean version 5-15-07.doc Page 11 of 33 PC Recommended Draft Uniform Development Code Title 19-Zoning 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 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 P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\Title 19 Clean version 5-15-07.doc Page 12 of 33 PC Recommended Draft Uniform Development Code Title 19-Zoning 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. a. Commercial uses are subject to site plan review procedures and shall be provided for in the application for the development within which the commercial use is to be integrated. b. The gross floor area of the commercial use shall not exceed the product of fifty (50) square feet multiplied by the number of dwelling units within the development. c. Construction of at least thirty-five percent (35%) of the residences in the PRD must be completed before any building permits will be issued for the construction of commercial uses, except this shall not prohibit a sales office. d. Commercial uses within a PRD shall be of a size and type to serve primarily the residents of the development, and shall be internally located to fulfill this function. 19.50.060 Open Space Standards. Each PRD shall dedicate not less then thirty percent (30%) of the gross land area for common open space for the use of its residents. Common open space areas shall meet the following criteria: 1. Location. The area proposed for open space shall be entirely within the PRD and within reasonable walking distance of all dwelling units in the PRD. Where practical, the proposed common open space shall be located adjacent to other established or planned park and recreational areas in adjacent developments, schools, or city parks; provided that such dedication would increase the overall benefit to the residents of the PRD and conform to other criteria in this section. 2. Access. All dwelling units within the PRD must have legal access to the proposed common open space at the time of final PRD approval. Private or access roads, trees or other landscaping may separate the common open space area. However, access should not be blocked by major obstacles such as arterial or collector roadways or significant natural features such as rivers, streams or topographic features. Areas dedicated for active recreational open space shall have reasonable access from street frontages. Design measures should accomplish the purposes of access and security. 3. Types of open space: a. Land dedicated for open space should be usable for either greenbelts that serve as a buffer between land uses, using existing vegetation, or an aesthetic amenity such as boulevard trees; active recreational activities; or for protecting environmentally sensitive areas such as wetlands. b. Except as provided in subsection (3)(c) or (d) below, thirty percent (30%) of the required common open space area shall be suitable for active recreation. The topography, soils, hydrology, and other physical characteristics of the area proposed for active recreation shall be of such quality as to provide a dry, obstacle-free space in a configuration which is suitable for active recreation. c. The percentage of active recreational areas may be increased to as high as fifty percent if it is determined that anticipated recreational needs will require a larger percentage. In increasing this percentage, the following standard should be used: the ratio of one acre to one hundred twenty-five residential units. P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\Title 19 Clean version 5-15-07.doc Page 13 of 33 PC Recommended Draft Uniform Development Code Title 19-Zoning 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 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: P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\Title 19 Clean version 5-15-07.doc Page 14 of 33 PC Recommended Draft Uniform Development Code Title 19-Zoning a. The detention pond shall be constructed so as to drain fully when precipitation is not occurring (i.e., no standing water may be left) unless the pond is designed as an aesthetic amenity. b. The side slope of the detention pond shall not exceed thirty-three percent unless slopes are existing, natural and covered with vegetation. c. If detention facilities are located adjacent to or near a natural, year-round stream or wetland, these systems shall be left in natural or near-natural condition. d. The detention area shall be landscaped in a manner which is both aesthetic and able to withstand the inundation expected. e. Use of a dedicated open space area for stormwater detention shall not be acceptable if the detention area must be fenced or otherwise rendered unsuitable or unavailable for recreation use during dry weather. f. In the case of joint use of open space for detention and recreation, the home owners or homeowners' association shall be responsible for maintenance of the detention facilities. 9. Rights and duties. The owners of open space shall have the following rights which may be exercised in respect of such land, subject to restrictive covenants or other restrictions: a. The right to locate recreational facilities, such as tennis courts, swimming pools, picnic tables, and fireplaces accessory to picnic tables designed to be used exclusively for the use of residents of the development and their guests; b. The right to locate pedestrian paths, bicycle paths and bridle paths; c. The right to take whatever measures are reasonably necessary to protect and maintain such land, or land or property adjacent thereto, or to correct a hazardous condition posing a threat to life or limb; d. The right to regulate access to or entry on the open space land and duty to maintain such land. 19.50.070 Administration. 1. Building permits and other permits required for the construction or development of property under the provisions of this section shall be issued only when in the opinion of the Director, the work to be performed meets the requirements of the final plan and program elements of the PRD. 2. Minor and major adjustments. a. Minor adjustments may be made and approved by the Director when a building permit is issued. Minor adjustments are those which may affect the precise dimensions or siting of buildings, but which do not affect the basic character or arrangement of buildings approved in neither the final plan, nor the density of the development or the open space requirements. Such dimensional adjustments shall not vary more than ten percent (10%)from the original. b. Major adjustments are those which, in the opinion of the Director, substantially change the basic design, density, open space or other requirements of the PRD. When, in the opinion of the Director, a change constitutes a major adjustment, no building or other permit shall be issued without prior review and approval by the hearing examiner of such adjustment. 3. Parties bound. Once the preliminary development plan is approved, all persons and parties, their successors, heirs, or assigns, who own, have, or will have by virtue of 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. P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\Title 19 Clean version 5-15-07.doc Page 15 of 33 PC Recommended Draft Uniform Development Code Title 19-Zoning 19.50.080 Homeowners/Property Owners Association Required. In a PRD a property owners or homeowners association shall be established for the purpose of ownership, maintenance and management of open spaces, common areas and private roads as required by the provisions of the SVMC. 19.60 District Purpose & Supplemental Use 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. 3. New office development exceeding three stories in height shall be provided with paved service lanes not less than sixteen (16)feet in width. 4. All new office development shall provide for shared access with adjacent properties. Table 19.60-1 Office Commercial Mixed Use Industrial 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 residential Maximum Building 45 100 35 35 100 Unlimited 50 60 40 65 Height(in feet) *Except as otherwise required mit 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 non-residential 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 within designated areas which do not interfere with parking or internal circulation, with permission of the property owner, a health certificate and a permit. P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\Title 19 Clean version 5-15-07.doc Page 16 of 33 PC Recommended Draft Uniform Development Code Title 19-Zoning 4. Traffic from the proposed use on a side street shall be directed to the nearest arterial or collector street and shall not be routed through an adjoining neighborhood. 19.60.030 "O" Office District 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. 19.60.040 "NC", Neighborhood Commercial District The Neighborhood Commercial is intended to provide 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. 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. 19.60.050 "C", Community Commercial District ®®®®• �U1iIi�, 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 associated with veterinarian clinics provided that: a. There are no outside runs or areas; b. The structure(s) housing animals is adequately soundproof to meet the requirements of WAC 173.060; 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. P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\Title 19 Clean version 5-15-07.doc Page 17 of 33 PC Recommended Draft Uniform Development Code Title 19-Zoning 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. 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 Regulations: The 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; c. A fee in-lieu of land dedication may be assessed for the development of public parks and open spaces to meet the needs of the residents of this district. This assessment will be determined by the City Council and reviewed 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: 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. A fee in-lieu of land dedication may be assessed for the development of public parks and open spaces to meet the needs of the residents of this district. This assessment will be determined by the City Council and reviewed on an annual basis. P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\Title 19 Clean version 5-15-07.doc Page 18 of 33 PC Recommended Draft Uniform Development Code Title 19-Zoning 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 setbacks 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. A fee in-lieu of land dedication may be assessed for the development of public parks and open spaces to meet the needs of the residents of this district. This assessment will be determined by the City Council and reviewed 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 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. 19.70 District Purpose & Supplemental Use Reclulations- 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. 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 "1-2", Heavy Industrial District P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\Title 19 Clean version 5-15-07.doc Page 19 of 33 PC Recommended Draft Uniform Development Code Title 19-Zoning 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. 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 P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\Title 19 Clean version 5-15-07.doc Page 20 of 33 PC Recommended Draft Uniform Development Code Title 19-Zoning b. R-2 -Single-family Residential Suburban District c. R-3 -Single-family Residential District d. R-4—Single-family Residential Urban District e. MF-1 - Multi-family Medium Density Residential District f. MF-2 - Multi-family High Density Residential District g. MUC - Mixed Use Center District h. CMU -Corridor Mixed Use District i. CC -City Center District j. NC - Neighborhood Commercial District 19.90 Essential Public Facilities (EPFs) 19.90.010 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. SVMC 19.120 Permitted and Accessory Uses identify 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 EPFs located within Spokane Valley require approval of a conditional use permit pursuant to SVMC 19.150. 6. Spokane Valley shall require EPFs 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 19.90.020 Local Siting Procedures P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\Title 19 Clean version 5-15-07.doc Page 21 of 33 PC Recommended Draft Uniform Development Code Title 19-Zoning 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. Noop 410 110 P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\Title 19 Clean version 5-15-07.doc Page 22 of 33 PC Recommended Draft Uniform Development Code Title 19-Zoning 19.100 Historic Preservation - RESERVED 19.110 Special Overlay Zones 19.110.010 Medical Office Overlay Zone - RESERVED 19.110.020 Auto Row Overlay - RESERVED 19.110.030 Airport Hazard Overlay 1. Purpose and Intent - The purpose and intent of the Airport Hazard Overlay Zone is to reduce the potential for airport hazards, because: a. Airport hazards endanger the lives and property of users of landing fields and persons in the vicinity of Felts Field; and b. Airspace obstructions and incompatible land uses impair the utility of an airport and diminish the value of the public investment therein; and c. Preventing the creation or establishment of incompatible land uses and airport hazards protects the public health, safety, and general welfare, and promotes the most appropriate use 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 requents iremof the underlying zone district, the more restrictive requirement shall be applied. ®®®®� S,ORL' if DCI9 DOO • HORIZONTAL SURFACE 15T ABOVE E9TA®LI9HEO WORT ELEVATION 14%1 I CQNICAL SURFACE " r 'q'444 .;1111 ROO 12 -. P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\Title 19 Clean version 5-15-07.doc Page 23 of 33 PC Recommended Draft Uniform Development Code Title 19-Zoning 3. Air Hazard Height Restrictions - Except as otherwise provided herein, no building or structure shall be erected, altered, or maintained so as to project or otherwise penetrate the FAR Part 77 airspace surfaces shown on the Airport Hazard Map attached hereto and made a part hereof for all purposes. Such applicable height limitations are hereby established for each of the zones as follows: a. Primary Surface —A surface longitudinally centered on a runway. The primary surface extends 200 feet beyond each end of the runway and is 1,000 feet wide. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. b. Precision Instrument Runway Approach Zone - Slopes fifty (50) feet outward for each foot upward beginning at the end of and at the same elevation as the 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. N. > . e. Conical Zone - Slopes twenty (20) feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation. A - I • � I hal -- 4—A ++ {0'1 PRECISION INSTRUMENT RUNWAY CENTERLINE 6(}:1 #+["- --- ,. -- - --- -- --- r:---- r IG rl — Ii 1i I..i W SURFACE SLOPE KEY .1°` IICRIZOk"AL SU ,,L LI ' i T , .'1 YhRIr3::rr 'r'VAI Lr Ik TARI r RrL•l W'.. +'L' id• IPRCCISICN Ik STR JIVE MT RL MWAY P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\Title 19 Clean version 5-15-07.doc Page 24 of 33 PC Recommended Draft Uniform Development Code Title 19-Zoning 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. 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 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 ®®®®b 3. convention/exhibit halls, major auditoriums, theaters ®®®®b 4. stadiums and arenas 5. temporary events attracting dense concentrations of people — fairs, ®®®®b 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.) P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\Title 19 Clean version 5-15-07.doc Page 25 of 33 PC Recommended Draft Uniform Development Code Title 19-Zoning 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 • 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 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. ` I Cu7 00, 2 2 ®®®®®®s 0 i it ®®®®s J # . ) ®®®® I SLo 1'00 Source:California Airport Land Use Planning Handbook California Department of Transportation Division of Aeronautics,recommended by Washington Department of Transportation,Aviation Division. P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\Title 19 Clean version 5-15-07.doc Page 26 of 33 PC Recommended Draft Uniform Development Code Title 19-Zoning 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 'UI1tIs 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. 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: ®®®ll® ®®®®®s "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. P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\Title 19 Clean version 5-15-07.doc Page 27 of 33 PC Recommended Draft Uniform Development Code Title 19-Zoning 2. Pipeline hazard areas shall extend five hundred feet (500')from the centerline of any existing o.r 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 accessorystructures, retaining walls, patios, swimming pools, on- site waste disposal systems shall be permitted within twenty-five feet (25')of any pipeline. 5. No permanent or temporary structures designed for human habitation or occupancy shall be located within fifty feet (50')of any pipeline. 6. Utility poles, guy wires or anchors shall not be placed within ten feet(10')of the pipeline. 7. For new construction, the City may require the lowering or relocation of the pipeline as a condition of the issuance of any permit. 19. 120. Permitted and Accessory Uses — Uses are classified using the 2002 North American Industry Classification System (NAICS) published by the U.S. Census Bureau based on category and subcategory. Subcategories include all uses not identified separately by specific number. Uses may be permitted, be subject to conditions, or require conditional or temporary use permits as shown in Appendix 19 A the Schedule of Permitted and Accessory Uses ® ®®®®®®® 19.130Site 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. �P No building permit shall be issued for the following unless a site plan is first approved by the department: 1. Any commercial development; 2. Any industrial development; 3. Any multi-family development that includes 3 or more units. 19.130.030 Criteria. Prior to approving any building permit, the department must find that the proposal: 1. Conforms with all applicable provisions of the SVMC and all other applicable law; 2. Conforms in all aspects to the provisions of any special conditions required by the department, hearing examiner or City Council; and 3. Is consistent with applicable sections of the City's comprehensive plan. 19.130.040 Site Plan Requirements. The site plan must be drawn to an acceptable scale ats required by the department and shall include all necessary information as specified by the department. P:\Community Development\Planning Commission\2007 Meetings -Planning Commission\05-24-07 PC meeting\Title 19 Clean version 5-15-0 .doc Page 28 of 33 PC Recommended Draft Uniform Development Code Title 19-Zoning 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. 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. P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\Title 19 Clean version 5-15-07.doc Page 29 of 33 PC Recommended Draft Uniform Development Code Title 19-Zoning 19.140.020 Approval Criteria. Criteria for approval or denial of applications shall be established by the Director if it is shown that: 1. The administrative exception does not detract from the character and nature of the vicinity in which it is proposed; 2. The administrative exception enhances or protects the character of the neighborhood or vicinity by protecting natural features, historic sites, open space, or other resources; 3. The administrative exception does not interfere with or negatively impact the operations of existing land uses and all legally permitted uses within the zoning district it occupies; 4. Granting the administrative exception does not constitute a threat to the public health, safety and welfare within the city. 19.140.030 Process. An administrative exception is classified as a Type I permit and shall be processed pursuant to SVMC 17.40. 19.150 Conditional Use Permits 19.150.010 Purpose and Intent. The conditional use permit (CUP) procedure is to establish criteria for determining the conditions under which a use(s) is permitted within a zoning district. Certain uses because of their size, infrequent occurrence, special requirements, possible safety hazards or detrimental effects on surrounding properties and other similar reasons are classified as conditional uses. A conditional use is subject to specific review during which additional conditions may be imposed to assure compatibility of the use with other uses in the vicinity. A request for a CUP may be denied where it cannot be clearly demonstrated that the requested use will be compatible with other permitted uses in the vicinity of the proposed conditional use. 19.150.020 Permit Classification. CUPs are classified as Type III permit applications and shall be processed pursuant to SVMC Chapter 17.40. 19.150.030 Conditions and Requirements. The following conditions and requirements shall pertain to requested CUPs: 1. In approving a CUP, the hearing examiner may stipulate restrictions and conditions including but not limited to the following: a. Control of use; b. Provision for front, side, or rear yard setbacks greater than the minimum standards of the zoning district within which the subject property is located; c. Special landscaping, screening, fencing, signing, off-street parking, public transit, and/or high occupancy vehicle facilities or any other general development standards; d. Requiring street dedications and/or roadway and drainage improvements necessary as a result of the proposed use; e. Control of points of vehicular ingress and egress; f. Control of noise, vibration, odor, glare, and other environmental considerations; g. Control of operating hours; h. Duration or time limitations for certain activities; and/or P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\Title 19 Clean version 5-15-07.doc Page 30 of 33 PC Recommended Draft Uniform Development Code Title 19-Zoning i. Any other reasonable restrictions, conditions, or safeguards that will uphold the spirit and intent of the SVMC and the comprehensive plan and mitigate any adverse impact upon the adjacent properties by reason of use, extension, construction, or alteration allowed. 2. A CUP may be suspended or revoked if, after a public hearing with notice as provided in SVMC Chapter 17.40, the hearing examiner finds that a grantee or their successors in interest fail to comply with the conditions or restrictions included in the CUP. 19.160 Temporary Use Permits 19.160.010 Purpose and Intent. It is the intent of this chapter to regulate certain temporary uses of property which are not otherwise regulated by other city ordinances or regulations. ®®®® � 19.160.020 Permit Classification. ®®®®®® ®®® Temporary use permits (TUPs) are classified as a 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; ®®®®® ii. Adverse impacts associated with the temporary use are appropriately mitigated ®®®®®® and such temporary use will not cause a hazard to the occupants or to ®®® neighboring properties; ®®® • e 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 P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\Title 19 Clean version 5-15-07.doc Page 31 of 33 PC Recommended Draft Uniform Development Code Title 19-Zoning d. The use must provide a sanitary facility if the Department determines it is necessary to do so. e. Failure to comply the conditions of the permit shall result in suspension or revocation of the TUP. 3. Temporary uses associated with construction permits. The Department may issue a temporary and revocable permit for activities associated with construction projects, including but not limited to equipment storage yards, job shacks, materials storage yards, or living quarters, which are not otherwise permitted outright by city ordinances or regulations. The Department may issue a TUP if it is found that the proposal is consistent with the following findings of fact: a. The use would not pose a hazard or be a detriment, physical or otherwise, to the surrounding area; b. The use will not result in significant traffic, parking, drainage, fire protection or other adverse impacts; c. The temporary use shall be reviewed every six months to determine if the temporary use is still valid, if not the department shall terminated the TUP; d. The temporary use shall be vacated upon completion of the associated construction project or as determined by subsection (3)(c) above. 19.160.040 Conditions. The Department may include any conditions deemed necessary in order to reasonably mitigate any adverse impacts anticipated from a requested TUP. 19.170 Variances 19.170.010 Purpose. A variance is a mechanism •y w "Fc 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 P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\Title 19 Clean version 5-15-07.doc Page 32 of 33 PC Recommended Draft Uniform Development Code Title 19-Zoning 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. 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. P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\Title 19 Clean version 5-15-07.doc Page 33 of 33 Public HearingPC 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. ®®®®rrr 19.20.010 The City has established the following zoning distric ®®®®®® ®®®®® R-1 -Single-family Residential Estate District ®®®®®®® R-2 -Single-family Residential Suburban District ®®®®®® R-3 -Single-family Residential Urban District ®®®®®® R-4 Single-family Residential Urban District MF-1 - Multi-family Medium Density Residential District MF-2 - Multi-family High Density Residential District MUC- Mixed Use Center District CMU - Corridor Mixed Use District CC -City Center District ®®� GO-Garden Office District 0-Office District NC - Neighborhood Commercial Dist I ®®®®®®r 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. P:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Regulations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 1 of 44Page 1 of 44 Public HearingPC Recommended Draft Uniform Development Code Title 19-Zoning 2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. 3. Whenever any street, alley or other public way is vacated by official action of the City Council, the zoning district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all regulations of the extended districts. 4. Where the streets or alleys on the ground differ from the streets or alleys as shown on the Zoning Map, the streets or alleys on the ground shall control. 5. Boundaries indicated as approximately following city limits shall be construed as following city limits. 6. Boundaries indicated as following railroad lines shall be construed to be midway between the right-of-way lines. 7. Boundaries indicated as following the centerline of all creeks, streams or drainage ways shall be construed to follow such centerline. 8. Distances not specifically indicated on the Official zoning map shall be determined by the scale of the map. 9. The zoning classification applied to a tract of land adjacent to the street shall extend to the centerline of the street, unless as a condition of zoning approval, it is stated that the zoning classification shall not apply to the street. Where physical features on the ground are at variance with information shown on the official zoning district map or when there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the application of the above subsections, the property shall be considered in the same manner as provided for newly annexed territory. 19.20.040 Newly Annexed Territory. Upon annexation of property, in the absence of a pre-established zoning designation therefore, the City Council shall, within the annexation ordinance, establish an interim classification for the property on the city's official zoning map. The interim zone shall be consistent with the annexation area's comprehensive plan designation. If an interim zoning district is established, it shall be in place no longer than twelve (12) months unless otherwise providoprovided 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. P:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Regulations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 2 of 44Page 2 of 44 Public HearingPC Recommended Draft Uniform Development Code Title 19-Zoning 3. The Commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determines the zoning district or districts where such use should be permitted. Proposed changes in the Schedule of Permitted Uses for any new or unlisted uses shall be transmitted to the City Council (Council) following notice and hearing. 4. The Council shall by ordinance approve, modify, or deny the recommendation of the Commission. 5. 19.3024.060 Non-Conforming Uses_ 1. Intent of Provisions Within the districts established by this Code or amendments thereto, there exist lots, permanent structures, uses of land and structures, and characteristics of use which were lawful before the adoption of this Code, but which do not now conform to the regulations of the district in which thoy aro locatod. It is the intent of this Code to permit suchStructures. 1. Applicability Legal non-conforming uses other applicable sections are met.and structures include: b. It is further the intent of this Code that non conforming uses shall not be enlarged upon, prohibited elsewhere in the same district. c. Non conforming uses are hereby declared to be incompatible with the permitted uses in the affected districts. �®®®®i 2. Non conforming Status. a. Any use, platted lot or structure which does not conform with the present regulations of the zoning district in which it is located shall be deemed a non-conforming use ar permanent structure when if it was in existence and lawfully operatingin continuous and lawful operation prior to the adoption of this Code and which has since been in regular and continuous usothese regulations; or The use, platted lot orAny permanent structure was in existence and lawfully constructed, located, and operating at the time of any amendment to this Code, but 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 ,TheA�n use, platted lot or permanent structure lawfully used or constructed that was in ®II 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 or lawful existence of permanent structures at the time of passage of this Code,although such do not conform to the provisions hereofor any amendments hereto, may be continued; but if said non conforming use or structurc is the provisions of this Code. a. 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 P:\Communitv Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Regulations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 3 of 44Page 3 of 44 Public HearillgPC Recommended Draft Uniform Development Code Title 19-Zoning 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. Abandonment of a non conforming structuro sh act or date of abandonment. c. Except as otherwise provided, when a A non-conforming use or structure does not • __ •_ e: ._ __ _ -me- _ e - ____ _•ethat is abandoned or discontinued ar abandoned for a period of twelve (12) consecutive months, such use shall not be abandonmcnt. Any non conforming use which docs not involvc a permancnt structure and which is moved from the premises shall be considered to have been abandoned. b. , e mem -em e mm'me - _ _ . e: ___ __ __, mm =e replaced with another non- conforming use or increased as of the effective date of this Code._ c. Single family or two family dwellings constructod on plattod lots which may bo nonconforming due to stricter standards, shall be A non-conforming use which has not been abandoned or discontinued may be replaced with the following: i. A conforming use; or ii. 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 NAICS codes; and iii. 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. A The expanded use places no greater demand on transportation and other li public facilities than the original use; and ii. The expanded use does not adversely affect or interfere with the use of neighboring property; and 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. Only the lot size, lot depth, sotbacks and width shall bo allowed to be less than the regulations prescribed in the zoning district in which it is located. All other regulations of this Code shall be met or the lot shall be considered non conforming. f. Any existing vacant lot platted prior to the adoption of this Code which was legally Non- conforming shall be deemed a conforming lot. f. Uses which, prior to the effective datc of this Codcuses that do not provide the required number of off-street parking spaces— pursuant to current standards shall not be considered as nonconforming permanent structures. /1. Changing Non Conforming Uses change is made, the use shall not be changed back to a non conforming use. P:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Regulations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 4 of 44Page 4 of 44 Public HearingPC Recommended Draft Uniform Development Code Title 19-Zoning b. Where a conforming use is located in a non conforming structuro, tho uso may be changed to another conforming use as provided in subsection 5 below. c. A non-conforming use may not be changed to another non-conforming use. 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. S—Expansion of a Non Conforming Use or Permanent Structure. An expansion of a non-conforming use or permanent structure is allowed in accordance with the following: a. A non conforming uso locatod within a building may bo oxtondod throughout the oxisting building if: i. No structural alteration may be mado oxcopt thoso roquirod to prosorvo the structure. 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 or rooms in a non-conforming residential structure shelldoes note increased so as to exceed the number of dwelling units or room& oxisting at the time the use became non conformingpermitted within current regulations. b. No non conforming use within a building may be oxtondod to occupy any land outside the building. c. No non conforming use of land or building shall be enlarged, increased, or extended i. To occupy a greater area of land than was occupiod at the timo tho land bocame nonconforming, except to provide off-street loading or parking. d. The minimum residential lot areas for the various zoning districts shall be in accordance with their respective districts, except that a lot having less area than herein required which was an official "Lot of Record" prior to the adoption of this Codc may bo used for a single family dwelling. o. Buildings or pormanont structures which do not conform to the area regulations or development standards in this Code but where the uses are deemed conforming may increase the gross floor area by up to ten percent with the approval of the Director. f. Restoration of Non Conforming Structure. If a structure occupied by a nonconforming use is destroyed by fire, or elements, it may be rebuilt within one year but the size or function of the nonconforming use cannot be expanded, nor create any additional violation of this Code. 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. P:\Communitv Development\Development Regulations\3 Public Hearinq Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Regulations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 5 of 44Page 5 of 44 Public HearingPC Recommended Draft Uniform Development Code Title 19-Zoning 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. 14110 P:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Regulations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 6 of 44Pacie 6 of 44 Public HearingPc Recommended Draft Uniform Development Code Title 19-Zoning Section 19.40 Changes & Amendments. 19.40 .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. 19.40,3x;.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. 19.40" ;,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. 19.40, , .040 Development regulation text amendments. .r 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. 19.50 40 District Purpose & Supplemental Use Regulations Residential Zones 19.5040.010. General Provisions 1. No principal or accessory structure shall be located within the Clearview trianqle (SVMC 22." 70). 2. In the districts where the heiqht of buildinqs is restricted to thirty-five feet, coolinq towers, roof qables, chimneys and vent stacks may extend for an additional heiqht, not to exceed forty (40) feet, above the average qrade line of the buildinq. Water stand pipes and tank, church steeples, domes and spires and school buildinqs and institutional buildinqs may be erected to exceed maximum heiqht 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 heiqht. 3. No structure may be erected to a heiqht in excess of that permitted by applicable Airport Hazard zoninq requlations. 19.40.020 Residential Standards 1. Residential development shall meet the minimum area and setback requirements, and maximum lot coveraqe and buildinq heiqht requirements shown in Table 2219.40-1. a. In zero lot line developments approved as part of a Planned Residential Development, zero setbacks alonq one side are allowed, provided a 2'-0" maintenance easement is recorded as part of the subdivision plat. i. Attached sinqle-family dwellinqs, includinq duplexes and townhouses located on individual lots, shall meet minimum rear, front and side yard requirements (where applicable), minimum area requirements, and maximum lot coveraqe P:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Regulations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 7 of 44Page 7 of 44 Public HearingPC Recommended Draft Uniform Development Code Title 19-Zoning and building heiqht requirements shown in Table 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 storaqe 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 be 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) RR=1 RR=2 RR=3 RR=4 MF-1 MF-2 PRD Lot Area/Dwelling Underlying Unit 25,000 10,000 7,500 6,000 3,600 2,000 Zone Lot Width 80 80 65 50 50 20 30 Lot Depth 100 90 90 80 80 80 50 E Front&Flanking E Street Yard 35 15 15 15 15 15 15 Setback(2) Garage Setback(2) 35 20 20 20 20 20 20 Rear Yard Setback(') 20 20 20 20 10 10 15 Side Yard Setback 5 5 5 5 5 5 5 Open Space - - - - 10%gross area F Lot Coverage 30.0% 50.0% 50.0% 55.0% 60.0% 65.0% 60.0% E Building Height(in Underlying feet) 35 35 35 35 40 50 Zone 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. P:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Regulations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 8 of 44Page 8 of 44 Public HearillgPC Recommended Draft Uniform Development Code Title 19-Zoning Attached garages, where the garage door does not face the street, may have the same setback as the principal structure. 5. Required open space shall be accessible to all residential units and shall be suitable for active and passive recreational purposes, subject to the followinq: a. Open space shall not include required yards, parkinq areas, required landscaped areas or required spacinq between structures. b. The amount of open space may be reduced by up to 25% where at least two (2) of the followinq amenities are provided: i. Play or sports courts; ii. Playgrounds with equipment; iii. Trails or pedestrian walkways not required for access to residential units or ®®®®®®®® parkinq areas; iv. Swimminq pools; ®®®®®® ®®®®®® v. Gazebos; or vi. Clubhouses. c. Where stormwater facilities are of sufficient size and desiqned 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 19.510.02040 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 19.310.02040 Supplemental Permitted Use Regulations 1. R 2 allows any use permitted in R 1 subject to the requirements of 19.110 Residential Accessory Use regulations. P:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Regulations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 9 of 44Page 9 of 44 Public HearingPC Recommended Draft Uniform Development Code Title 19-Zoning 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 19.110, Residential Accessory Use regulations. 19.40.060 R-4 -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 19. "40.070 MF-1"- Medium Density Multifamily Residential District ' The Medium Density Residential (MF-1) designation represents an opportunity to provide a range of housing types to accommodate anticipated residential growth. The increase in population, decline in average family size, and increased cost of single-family homes have created increased demand for new housing types. Multi-family residential zones with densities not to exceed 12 units per acre should be used as transitional zoning between higher intensity land uses such as commercial and office to lower density single family neighborhoods. Additionally, Medium Density Residential areas should be located near services and high capacity transit facilities or transit routes. Supplemental Permitted Use Regulations 1. "MF 1" allows any use permitted in "R 3" subject to the requirements of 19.510.020 Residential Accessory Use regulations. 19."40.080 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 19.510.020 Residential Accessory Use regulations. 19.40.090 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. 23.The vertical wall of an in-ground swimming pool shall be located behind front building setback lines and at least five feet from the property line. All pools must be completely ancloced by a fence or wall no less than six (6) feetsecured in hoightaccordance with self latching and self closing gates. The latching device shall be located on the pool side a minimumrequirements of 1/2 feet from the ground. Automatic electric gates may be used, or persons.adopted building regulations. Temporary fencing is required during excavation. 19.50.070 Home Occupations P:\Communitv Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Regulations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 10 of 44Page 10 of 44 Public HearingPC Recommended Draft Uniform Development Code Title 19-Zoning 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. 19.50.08040.090 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. b. The accessory apartment dwelling unit shall be a complete, separate housekeeping unit. c. The entrance to the accessory apartment dwelling unit shall be located on the side or in the rear of the structure or in such a manner as to be unobtrusive in appearance when viewed from the front the street. d. The accessory apartment dwelling unit shall not have more than 2 bedrooms. 2. Detached accessory apartment dwelling: a. Shall be located behind the front building setback line and placed on a permanent foundation. b. All side and rear yards shall be preserved. c. Shall not be allowed on lots containing a duplex, multi-family dwelling or accessory apartment contained within the principal structure. d. Shall have a pitched roof with a minimum slope of 1:3. .. -. •.e• e -. .e e. e •. e• --:d roof shall not exceed 2/1 feet. 19.50.09040.100 Other Accessory Structures 1. The combined building footprint of all accessory permanent structures in residential zoning districts, including a detached accessory apartment dwelling shall not exceed 10% of the lot area. 1. Tower, Private (Ham Operator) provided: P:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Regulations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 11 of 44Page 11 of 44 Public HearingPC Recommended Draft Uniform Development Code Title 19-Zoning 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 off of the applicant'clocated on adjacent property pursuant to the Administrative Exception process contained in SVMC 19. 1140; 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 recorded an easement(s) for all property in the tower's impact area. e. Before issuance of a conditional use permit, the applicant shall have demonstrated all the applicable requirements of the Federal Communications Commission, Federal Aviation Administration and any required avigation easements can be satisfied. 19.50.100 Animal raising & Keeping Where permitted, the keeping of poultry and livestock (excluding swine) is subject to the following conditions: a. The lot or tract must exceed 40,000 square feet in area; and b. Any buildinq or structure housinq 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 c. 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; d. Large animals (livestock): i. Not more than three horses, mules, donkeys, bovines or llama shall be permitted per gross acre, or P:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Requlations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 12 of 44Page 12 of 44 Public HearillgPC Recommended Draft Uniform Development Code Title 19-Zoning ii. Not more than six sheep or goats shall be permitted per gross acre; or iii. Any equivalent combination of i. and ii. above; and e. 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. f. Structures, pens, yards, enclosures, pastures and grazing areas shall be kept in a clean and sanitary condition. 19.50.110 .090 Manufactured Housing 1. Pursuant to the requirements of RCW 35.21, the city does not discriminate against consumers' choices in the placement or use of a home that is not equally applicable to all homes. This section applies only to manufactured housing units placed on individual lots. 2. Homes built to 42 U.S.C. 7 Sec. 5401-5403 standards (as they may be amended ) are regulated for the purposes of siting in the same manner as site built homes, factory built homes, or homes built to any other state construction or local design standard, provided however that the manufactured home shall: a. be a "new" manufactured home; and b. be set upon a permanent foundation, as specified by the manufacturer, and that the space from the bottom of the home to the ground be enclosed by concrete or an approved product which can be either load bearing or decorative; and c. comply with all local design standards, including the requirement for a pitched roof with a slope of not less than 4:12, applicable to all other homes within the neighborhood in which the manufactured home is to be located; and d. be thermally equivalent to the state energy code; and e. otherwise meet all other requirements for a designated manufactured home as defined in RCW 35.63.160. 3. This section does not override any legally recorded covenants or deed restrictions of record. A " new manufactured home" means any manufactured home required to be titled under 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. 19.50.12040.100 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. P:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Regulations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 13 of 44Page 13 of 44 Public HearingPc Recommended Draft Uniform Development Code Title 19-Zoning 3. Manufactured housing parks shall not exceed seven units per acre with a minimum of 3,600 square feet per space. 4. The maximum building coverage for each manufactured home space shall be 50%, provided that open patio covers, awnings, and/or carports shall not be considered buildings when calculating coverage. 5. Each manufactured home space shall be a minimum of 45 feet in width with direct frontage on a public or private road. 6. The minimum setbacks for manufactured homes at park perimeter are as follows. a. Twenty-five feet from all public rights-of-way. b. Side Yard - 10 feet from park perimeter at the overall site lot side line. c. Rear Yard - 10 feet from park perimeter at the overall site lot rear line. Three feet for any accessory structure such as patio covers, awnings and/or carport. 7. Minimum setbacks for individual in.-park spaces: a. Front and flanking yards -four feet. b. Side and rear yard - five feet. c. Accessory structures such as patio covers, awnings, and/or carport. three feet. 19.6040.110 Home Occupations Home occupations are permitted as accessory uses, incidental to the property's principal use as a residence subiect to the followinq requirements: 10. Property shall retain a residential appearance and character; 11. All storage shall be enclosed within the residence or accessory structure. 12. Only members of the family residinq on the premises shall be enqaqed in the home occupation; 13. One unliqhted siqn placed flush aqainst the exterior wall of the principal structure not exceedinq four square feet in area is permitted; 14. There shall be no window display nor shall sample commodities with the exception of flowers and produce qrown on the premises be displayed outside the buildinq(s); 15. The hours of operation of a home occupation is limited to seven a.m. to ten p.m. 16. The home occupation use shall not create electronic interference, includinq but not limited to; interference with radio, satellite reception, telephone or television reception, nor qenerate measurable levels at the property line of noise, dust, smoke, odor or qlare. The home occupation activity shall not qenerate solid waste in volume or type which is not normally associated with residential use unless specifically permitted. 17. Loadinq docks and mechanical loadinq devices are not permitted. 18. No traffic or parkinq of vehicles shall be qenerated by a home occupation in qreater volumes than normally expected in a residential neiqhborhood and any need for parkinq must be accommodated within the required off street parkinq for the dwellinq unit. 19.40.120 Animal raising & Keeping Where permitted, the keepinq of poultry and livestock (excludinq swine) is subiect to the followinq conditions: 1. The lot or tract must exceed 40,000 square feet in area; and P:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Regulations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 14 of 44Page 14 of 44 Public HearingPC Recommended Draft Uniform Development Code Title 19-Zoning 2. The keeping of swine are not permitted. 3. Bee-keeping for non-commercial purposes is limited to 4 twenty five hives. 4. Any building or structure housinq 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. )1000, 14110 .16k®®®® P:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Regulations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 15 of 44Page 15 of 44 Public HearingPC Recommended Draft Uniform Development Code Title 19-Zoning 19.50 Planned Residential Developments 19.60W.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. 19.60 .020 Where Permitted. Planned residential developments (PRDs) are permitted in all residential zoning districts in the City. 19.60 .=.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. 19.60 .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. 19.60 .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 P:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Requlations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 16 of 44Page 16 of 44 Public HearingPC Recommended Draft Uniform Development Code Title 19-Zoning as to minimize undesirable impact of the PRD on adjacent properties and conversely, to minimize undesirable impact of adjacent land use and development characteristics on the PRD. 2. Site acreage minimum. The minimum site shall be five acres. 3. Minimum lot size. The minimum lot size provisions of other sections of the UDC do not apply in a PRD, except that the minimum lot size requirements of the underlying zone shall serve as the criterion to calculate the total number of dwelling units allowed in the proposed PRD based on the gross acreage of the entire development. 4. Density. In a PRD, the hearing examiner may authorize a dwelling unit density not more than twenty percent (20%) greater than that permitted by the underlying zone, rounded to the nearest whole number, provided that the open space amenities described in Section 19.13050.060 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. 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. 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 b completed before any building permits will be issued for the construction of commercial uses, except this shall not prohibit a sales office. d. Commercial uses within a PRD shall be of a size and type to serve primarily the residents of the development, and shall be internally located to fulfill this function. 19.6040.060 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 P:\Communitv Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Regulations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 17 of 44Page 17 of 44 Public HearingPc Recommended Draft Uniform Development Code Title 19-Zoning recreational areas in adjacent developments, schools, or city parks; provided that such dedication would increase the overall benefit to the residents of the PRD and conform to other criteria in this section. 2. Access. All dwelling units within the PRD must have legal access to the proposed common open space at the time of final PRD approval. Private or access roads, trees or other landscaping may separate the common open space area. However, access should not be blocked by major obstacles such as arterial or collector roadways or significant natural features such as rivers, streams or topographic features. Areas dedicated for active recreational open space shall have reasonable access from street frontages. Design measures should accomplish the purposes of access and security. 3. Types of open space: a. Land dedicated for open space should be usable for either greenbelts that serve as a buffer between land uses, using existing vegetation, or an aesthetic amenity such as boulevard trees; active recreational activities; or for protecting environmentally sensitive areas such as wetlands. b. Except as provided in subsection (3)(c) or (d) below, thirty percent (30%) of the required common open space area shall be suitable for active recreation. The topography, soils, hydrology, and other physical characteristics of the area proposed for active recreation shall be of such quality as to provide a dry, obstacle-free space in a configuration which is suitable for active recreation. c. The percentage of active recreational areas may be increased to as high as fifty percent if it is determined that anticipated recreational needs will require a larger percentage. In increasing this percentage, the following standard should be used: the ratio of one acre to one hundred twenty-five residential units. d. The percentage of active recreational area may be decreased to as low as fifteen percent (15%) if it is determined that: 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 H. 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; P:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Regulations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 18 of 44Page 18 of 44 Public HearingPc Recommended Draft Uniform Development Code Title 19-Zoning ii. Adjacent to an established or future City park or school grounds; or di. 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 19.13050.060(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 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; P:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Regulations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 19 of 44Page 19 of 44 Public HearingPc Recommended Draft Uniform Development Code Title 19-Zoning 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. 19.60 .'.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. 19.60: .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. P:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Regulations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 20 of 44Page 20 of 44 Public HearingPC Recommended Draft Uniform Development Code Title 19-Zoning 19.7060 District Purpose & Supplemental Use Reciulations Commercial, Office & Mixed Use Zones RESERVED 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. 3. New office development exceeding three stories in height shall be provided with paved service lanes not less than sixteen (16) feet in width. 4. All new office development shall provide for shared access with adjacent properties. a bl Table 19.60-1 Office Commercial Mixed Use Industrial 2 GO 0 NC C RC CC' CMU* MUC* I1 I2 4 Minimum Front Yard 20 20 20 20 20 20 20 20 20 20 4- Setback — — — — — — — — — — Minimum Side and Rear Yard adjacent to 20 20 20 20 20 20 20 20 35 35 residential x Maximum Building 45 100 35 35 100 Unlimited 50 60 40 65 c Height(in feet) pt as otherwise required 19.60.044020 "GO" Garden Office District gym. 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 non-residential on the entire qround 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 permissionwith permission of the property owner, a health certificate and a 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 throuqh an adjoining neighborhood. New office development exceeding three stories in height shall be provided with paved rear service alleys not less than sixteen (16) feet in width. P:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Regulations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 21 of 44Page 21 of 44 Public HearingPC Recommended Draft Uniform Development Code Title 19-Zoning All new office development shall provide for shared access with adjacent properties. 19.60.03002-0 "O" Office District The Office desiqnation is intended primarily for medium to hiqh-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, desiqn firms, and leqal services are representative of this comprehensive plan category. Supplemental Use Requlations Any use allowed in "GO" Garden Office is allowed in the "O" Office District and subject to the same limitations. New office development exceedinq three stories in height shall be provided with paved rear service alleys not less than sixteen (16) feet in width. All new office development shall provide for shared access with adjacent properties. 19.60.434040 "NC", Neiqhborhood Commercial District The Neiqhborhood Commercial is intended to provided a limited number of commercial qoods and services to surroundinq residential neiqhborhoods. Supplemental Permitted Use Requlations 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. Mobile food vendors with permission of the property owner, health certificate and permit.. 5. Below qround storaqe of fuel incidental to retail sales only. 6. All storaqe in the NC district shall be within an enclosed buildinq, provided that retail products which are for sale or rental may be displayed outdoors durinq business hours only, so lonq as the storaqe does not occur within any required front or flankinq street yard or in any public street or riqht-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. a.New commercial development shall provide for shared access with adjacent properties. 19.60.044050 "C", Community Commercial District The community commercial classification desiqnates areas for retail, service and office establishments intended to serve several neiqhborhoods. Community Commercial areas should not be larqer than 15- 17 acres in size and should be located as business clusters rather than arterial strip commercial development. Community Commercial centers may be desiqnated throuqh the adoption of the comprehensive plan, comprehensive plan amendments or throuqh sub-area planninq. Residences in conjunction with business and/or multifamily developments may be allowed with performance standards that ensure compatibility. Supplemental Permitted Use Requlations P:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Regulations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 22 of 44Page 22 of 44 Public HearingPC Recommended Draft Uniform Development Code Title 19-Zoning 1. Kennels associated with veterinarian clinics provided that: a. There are no outside runs or areas; b. The structure(s) housing animals is adequately soundproof to meet the requirements of WAC 173.060; 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. 'l.New commercial development exceeding 60,000 square feet shall be provided with paved rear service alleys not less than sixteen (16) feet in width. b. New commercial development shall provide for shared access with adjacent properties. 19.60.058060 "RC", Regional Commercial District '111 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 anyrequired front or flanking street or in any®®®®®® q q yard public street or right-of-way. ®®®®®s 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. c.New commercial development shall provide for shared access with adjacent properties. 19.60.068070 "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. Supplemental Permitted Use Regulations: 1. The outdoor storage provisions contained in SVMC 19.60.0550(2) shall apply to the MUC district. 2. Front&flanking street yard setbacks shall be 20 feet, except as otherwise provided. P:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Requlations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 23 of 44Page 23 of 44 Public HearillgPC Recommended Draft Uniform Development Code Title 19-Zoning 3. Projects with residential component shall provide 210 square feet of open space per dwellinq unit .conforminq to the requirements of 22.40.020(7) and eliqible for reduction for improvements on the same basis, provided that: a. The requirement does not apply to the development of less than ten new dwellinq units; b. Additional open space is not required for residential development located within 1,300 feet of a public park; a-A fee in-lieu of land dedication may be assessed for the development of public parks and open spaces to meet the needs of the residents of this district. This assessment will be determined by the City Council and reviewed on an annual basis.Money in lieu of land may be provided for the development of public parks and open spacoc to meet the needs of rocidentc at a rato to be determined by the City Council on an annual basis. 19.60.478080 "CMU", Corridor Mixed Use District The Corridor Mixed Use desiqnation is intended to enhance travel options, encouraqe development of locally servinq commercial/retail uses, hiqher density residential, lodqinq and offices alonq major transportation corridors. Supplemental Permitted Use Requlations 1. The outdoor storaqe provisions contained in SVMC 19.60.0450(2) shall apply to the CMU district. 2. Front&flankinq 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 .conforminq to the requirements of 22.40.020(7) and eliqible for reduction for improvements on the same basis, provided that: c. The requirement does not apply to the development of less than ten new dwellinq units; d. Additional open space is not required for residential development located within 1,300 feet of a public park; .e-,A fee in-lieu of land dedication may be assessed for the development of public parks and open spaces to meet the needs of the residents of this district. This assessment will be determined by the City Council and reviewed on an annual basis.Money in lieu of land may be provided for the development of public parks and opcn spaccs to mcct the nccds of rcsidcnts at a ratc to be determined by the City Council on an annual basis. 19.60.484090 "CC", City Center District The City Center desiqnation is intended to create a hiqher density desiqnation where office, retail, qovernment and residential uses are concentrated. Supplemental Permitted Use Requlations 1. Front&flankinq street yard setbacks shall be 20 feet, except as otherwise provided. 2. Projects with residential component shall provide 210 square feet of open space per dwellinq unit .conforminq to the requirements of 22.40.020(7) and eliqible for reduction for improvements on the same basis, provided that: a. The requirement does not apply to the development of less than ten new dwellinq units; b. Additional open space is not required for residential development located within 1,300 feet of a public park; 1=A fee in-lieu of land dedication may be assessed for the development of public parks and open spaces to meet the needs of the residents of this district. This assessment will be determined by the City Council and reviewed on an annual P:\Community Development\Development Requlations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Requlations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 24 of 44Page 24 of 44 Public HearingPc Recommended Draft Uniform Development Code Title 19-Zoning basis.TVloney in lieu of land may be provided for the development of public park& and open spaces to meet the needs of residents at a rate to be determined by the City Council on an annual basis_ 19.60.894100 "OF", 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 adiacent property, provided that where the CF property is adiacent to more than one other district, the requirements for setbacks, landscaping, signage, lighting and other requirement for the adiacent district shall apply within 25 feet of the property line. 411P 1111 P:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Regulations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 25 of 44Page 25 of 44 Public HearingPc Recommended Draft Uniform Development Code Title 19-Zoning 19.70 District Purpose & Supplemental Use Requlations- Industrial Zones RESERVED 19.100 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. 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 "1-2", 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. P:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Regulations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 26 of 44Page 26 of 44 Public HearingPC Recommended Draft Uniform Development Code Title 19-Zoning 19.80 Adult Uses 19.10080.010 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. 19.10080.020 License required. `" Licensing requirements for Adult Uses are contained in SVMC Title XXX5.10. 19.10080.030 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. R-4—Single-family Residential Urban District MF-1 - Multi-family Medium Density Residential District s-f. MF-2 - Multi-family High Density Residential District g. MUC- Mixed Use Center District P:\Communitv Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Regulations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 27 of 44Page 27 of 44 Public HearingPC Recommended Draft Uniform Development Code Title 19-Zoning h. CMU -Corridor Mixed Use District i. CC -City Center District j. NC - Neighborhood Commercial District ®®®®®® ®®®®® 811111fr 140 4110 ®u r ®®®®® P:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Regulations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 28 of 44Page 28 of 44 Public HearingPC Recommended Draft Uniform Development Code Title 19-Zoning 19.110 100 Essential Public Facilities (EPFs) 19.110100.010 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_, --e e e-e -e--- - -e e -e- family efamily homes, boarding and retirement homes, and nursing homes). SVMC 19.590120 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 final site selection by the Board of County Commissioners, the applicant will work directly with the e__ e.- _• -•e city to meet the regulatory requirements to permitpermitfor 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 EFPEPFs located within Spokane Valley require approval of a conditional use permit pursuant to SVMC 19.150. Applicant is not required to perform further alternative site analysis, at the local level. 6. Spokane Valley shall require EFPEPFs 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 , to the extent possible process a conditional use permit -o o findings from the Regional Siting Process 19.110100.020 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. 19.120 100.030 Historic Preservation - RESERVED P:\Communitv Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Regulations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 29 of 44Page 29 of 44 Public HearingPc Recommended Draft Uniform Development Code Title 19-Zoning 19.130110 Special Overlay Zones 19.130110.010 Medical Office Overlay Zone - RESERVED 19.130110.020 Auto Row Overlay -RESERVED 19.130110.030 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 X, .A The Airport Hazard rrl Overlay Zone applies to 77. areas surrounding Felts S Field, as established herein. Provisions of .sem, this chapter shall apply to all lands, buildings, moi'"'.. `"""".."' structures, natural ,, features and uses e'"'', . located within the - Airport Hazard Overlay SECTrON A-A ', (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. 4V P:\Communitv Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Regulations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 30 of 44Page 30 of 44 Public HearingPC Recommended Draft Uniform Development Code Title 19-Zoning raDD HORIZONTAL SURFACE 156'ABOVE E9TABLI9HEO ARPORTELEVATION RtcI��4N CONICAL SURFACE 1 kNr 4� 94 N �4Y ODM? r�pF 11- G �4101* q4g 14 3. Air Hazard Height Restrictions =Except A as f surart et&Avg KEY • CIVIL AIRPORT IMAGINARY SURFACES 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 P:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Regulations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 31 of 44Page 31 of 44 Public HearingPC Recommended Draft Uniform Development Code Title 19-Zoning 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. A I n I � I1 r+ Ir SII' F. _ __ - 4f0'1 PRECISION INSTRUMENT RUNWAY 60:1 ' A4-- --- — — CENTERLINE -- _ — —— — - f 1 rll d1� I1 r 1 1 d d_IWd Q M1F 6 4 SURFACE SLOPE KEY 11 1.196124PITAL9llRPAgt rQ 2131 71E 71 WI-i - r1 E.= %wows tsrr'P'%WAHL IR MAIL!MOW) �Itlh 4O:1 IP11EC191ON IRfTRUNENT RI}MWAY DRY) �71 214 4. Height Exceptions Structures shall not be constructed, altered, maintained, in the regulated air space area except as follows: P:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Regulations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 32 of 44Page 32 of 44 Public HearingPC Recommended Draft Uniform Development Code Title 19-Zoning a_4—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_2—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. 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 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: ®®®®®® a41.amusement parks, fairgrounds ®®®®° 1a42.box retail ®®®®®s e43.convention/exhibit halls, major auditoriums, theaters ®®®®° d44.stadiums and arenas ®®® e45.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 • • • • • • P:\Communitv Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Regulations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 33 of 44Page 33 of 44 Public HearingPC Recommended Draft Uniform Development Code Title 19-Zoning Prohibited Uses Airport Land Use Compatibility Zones 1 2 3 4 5 6 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 e, 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. Low 6 Sk I \ 1I S. I 6 ''g, 6 \ /In ®®®®®®s 6,000 ' 750' I. ■— ■ 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 P:\Communitv Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Regulations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Source:California Airport Land Use Planning Handbook California Department of Transportation Division of Aeronautics,recommended by Washington Department of Transportation,Aviation Division. Public HearingPC Recommended Draft Uniform Development Code Title 19-Zoning 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 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. Vic. 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." 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. 19.130110.040 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. P:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Regulations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 35 of 44Page 35 of 44 Public HearingPC Recommended Draft Uniform Development Code Title 19-Zoning 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. ®-U,gym. °®® ®®®�• - ®®®®®m,. P:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Regulations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 36 of 44Page 36 of 44 Public HearingPC Recommended Draft Uniform Development Code Title 19-Zoning 19.140. 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 be permitted, be subject to conditions, or require conditional or temporary use permits as shown in en—Appendix 19 A fthe Schedule of Permitted and Accessory Uses 19.150 130 Site Plan Review 19.150130.010 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. 19.150130.020 Applicability. No building permit shall be issued for the followinr 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 ung n,n 19.150130.030 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. 19.150130.040 Site Plan Requirements. The site plan must be drawn to an acceptable scale as required by the department and shall include all necessary information as specified by the department. 19.150130.050 Process. Site plan approval is classified as a Type I development application and shall be processed in accordance with SVMC Chapter 17.40. P:\Communitv Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Regulations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 37 of 44Page 37 of 44 Public HearillgPC Recommended Draft Uniform Development Code Title 19-Zoning 19.160140 Administrative Exceptions 19.160140.010 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. P:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Regulations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 38 of 44Page 38 of 44 Public HearingPC Recommended Draft Uniform Development Code Title 19-Zoning 19.160140.020 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. 19.160140.030 Process. An administrative exception is classified as a Type I permit and shall be processed pursuant to SVMC 17.40. )000p 4IP 1111 'U®®k P:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Regulations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 39 of 44Page 39 of 44 Public HearingPC Recommended Draft Uniform Development Code Title 19-Zoning 19.170 150 Conditional Use Permits 19.170150.010 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. 19.170150.020 Permit Classification. CUPs are classified as Type III permit applications and shall be processed pursuant to SVMC Chapter 17.40. 19.170150.030 Conditions and Requirements. The following conditions and requirements shall pertain to requested CUPs: 1. In approving a CUP, the hearing examiner may stipulate restrictions and conditions including but not limited to the following: a. Control of use; b. Provision for front, side, or rear yard setbacks greater than the minimum standards of the zoning district within which the subject property is located; c. Special landscaping, screening, fencing, signing, off-street parking, public transit, and/or high occupancy vehicle facilities or any other general development standards; d. Requiring street dedications and/or roadway and drainage improvements necessary as a result of the proposed use; e. Control of points of vehicular ingress and egress; f. Control of noise, vibration, odor, glare, and other environmental considerations; g. Control of operating hours; 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. P:\Communitv Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Regulations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 40 of 44Page 40 of 44 Public HearillgPC Recommended Draft Uniform Development Code Title 19-Zoning 19.180 160 Temporary Use Permits 19.180160.010 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. 19.180160.020 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. 19.180160.030 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; ii. Adverse impacts associated with the temporary use are appropriately mitigated and such temporary use will not cause a hazard to the occupants or to neighboring properties; iii. 'A hardship is involved that cannot otherwise be reasonably resolved; and iv. A performance bond in the amount of any required improvements shall be posted guaranteeing the completion of the project. 2. Seasonal uses. The Department may issue a temporary and revocable permit to allow sales of seasonal goods in any nonresidential zone for a period not to exceed six (6) months in any twelve (12) month period. The use need not meet the standards normally associated with a permanent use provided the Department finds that the temporary use is consistent with the following: a. The use must be consistent with the permitted uses in the zone; b. The use must be an appropriate use of the property pending the permanent long term use; c. The use will not result in significant traffic, parking, drainage, fire protection, or other adverse impacts that cannot be appropriately mitigated; and d. The use must provide a sanitary facility if the Department determines it is necessary to do so. P:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Regulations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 41 of 44Page 41 of 44 Public HearingPC Recommended Draft Uniform Development Code Title 19-Zoning e. Failure to comply the conditions of the permit shall result in suspension or revocation of the TUP. 3. Temporary uses associated with construction permits. The Department may issue a temporary and revocable permit for activities associated with construction projects, including but not limited to equipment storage yards, job shacks, materials storage yards, or living quarters, which are not otherwise permitted outright by city ordinances or regulations. The Department may issue a TUP if it is found that the proposal is consistent with the following findings of fact: a. The use would not pose a hazard or be a detriment, physical or otherwise., to the surrounding area; b. The use will not result in significant traffic, parking, drainage, fire protection or other adverse impacts; c. The temporary use shall be reviewed every six months to determine if the temporary use is still valid, if not the department shall terminated the TUP; d. The temporary use shall be vacated upon completion of the associated construction project or as determined by subsection (3)(c) above. 19.180160.040 Conditions. The Department may include any conditions deemed necessary in order to reasonably mitigate any adverse impacts anticipated from a requested TUP. 1110 �®®®P- 4111111 ®®_r. P:\Communitv Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Regulations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 42 of 44Page 42 of 44 Public HearillgPC Recommended Draft Uniform Development Code Title 19-Zoning 19.190170 Variances 19.190170.010 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. 19.190170.020 Permit Classification. Variances are classified as a Type III permit and shall be processed pursuant to the provisions of SVMC 17.40. 19.190170.030 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. 19.190170.040 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 .ynnwoodSpokane Valley Municipal Code; or 3. Any provision of the zoning code which, by the terms of that code, is not subject to a variance. 19.190170.050 Time Limitation. P:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Regulations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 43 of 44Page 43 of 44 Public HearingPC Recommended Draft Uniform Development Code Title 19-Zoning A variance automatically expires and is void if the applicant fails to obtain a building permit or other necessary development permit and substantially completes improvements allowed by the variance within 18 months of the effective date of the variance. 19.190170.060 Time Extension. Upon application of the property owner., the hearing examiner may extend a variance, not to exceed one year, if: 1. Unforeseen circumstances or conditions necessitate the extension of the variance; and 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. Igr 14110 41.6k®®®I P:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.doc:\Community Development\Development Regulations\3 Public Hearing Drafts\Title 19 Complete strike through 5-15- 07.docP:\Commnity Development\Development Regulations\3 Public Hearing Drafts\Word Versions\New Folder\Public Hearing DraftTitle 19 02-01-07.doc Page 44 of 44Page 44 of 44 ,Recommended Changes __-{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 Deleted: 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: P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 1 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 _'Deleted: 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 ori----- Formatted:Indent: Left: 96 pt, increase in the number of dwelling units over 4 units; Hanging: 12 pt,Numbered +Level: 1+Numbering Style: i,ii,iii,...+ ii. Interior renovations with no change in use or increase in number of dwelling Start at: 1+Alignment: Left+ units over 4 units; Aligned at: 54 pt+Tab after: 72 pt +Indent at: 72 pt,Tabs: Not at 72 iii. Any addition, remodel, or interior completion of a structure for use(s) with pt 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+----(Formatted:Indent: Left: 60 pt, and intensities, and traffic distribution information provided by the Numbered +Level: 1+Numbering applicant/property owner and shall include any project phasing proposed by the Style:a,b,c,...+Start at: 1+ applicant. Alignment: Left+Aligned at: 36 pt +Tab after: 54 pt+Indent at: 54 b. The City may request additional information in order to make a determination. pt,Tabs: 27 pt,List tab+Not at 54 pt+ 72 pt 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. P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 2 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 Deleted: 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: P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 3 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 _'Deleted: 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) P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 4 of of 55 ,Recommended Changes _---[Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 Deleted: {Deleted:¶ 22. Evacuation and Emergency Response Standards (Reserved) Deleted:22.40. Dimensional Standards 22.40.010. General Provisions <#>No principal or accessory structure shall be located within the Clearview triangle(SVMC 22.80).1 <#>In the districts where the height of buildings is restricted to thirty-five 11 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.¶ <#>No structure may be erected to a II height in excess of that permitted by applicable Airport Hazard zoning regulations.¶ 22.40.020 Residential Standards¶ li <#>Residential development shall II meet the minimum area and setback lit, requirements,and maximum lot coverage and building height requirements shown in Table 22.40-1.1 <#>In zero lot line developments J approved as part of a Planned Residential Development,zero ,I setbacks along one side are allowed, II provided a 2'-0"maintenance easement is recorded as part of the �,[ subdivision plat.¶ <#>Attached single-family dwellings, including duplexes and townhouses located on individual lots,shall meet minimum rear,front and side yard 1,1 requirements(where applicable), II minimum area requirements,and 1,11 maximum lot coverage and building 1 height requirements shown in Table 22.40-1. In addition,the number of attached single family units shall not exceed six in a single block.¶ <#>All residential driveways and off- street parking areas shall be paved II with asphalt or Portland cement.¶ <#>Front Yards.¶ I <#>Front and side yards in residential zones adjacent to public or private II streets shall be set back in IL accordance with Table 22.40-1. The ii setback shall be measured from the property line unless a border easement has been establishe( [1] (Formatted Table Deleted:50 P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 5 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 _'Deleted: 22.5QOff-Street Parking & Loading Standards Deleted:¶ --- Deleted:60 22.5( 010 Purpose -- Deleted:60 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 Deleted:60 1. Rules for Computing Number of Parking Spaces, shown in Table 22. 2. The number of __- Deleted:60 required off-street parking spaces shall be based on the following: a. "Floor Area"shall mean the gross square feet of the specific use. + Formatted:Indent: Left: 66 pt, Hanging: 12 pt,Numbered +Level: b. Where fractional spaces result, the parking spaces required shall be constructed 1+Numbering Style:a,b,c,...+ to the nearest whole number. Start at: 1+Alignment: Left+ Aligned at: 36 pt+Tab after: 54 pt C. Uses not specified in Table 22 5a0-2 shall provide parking based on a use of similar +Indent at: 54 pt,Tabs: 72 pt,List nature. tab+Not at 54 pt+ 105 pt Deleted:60 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. -{Deleted:6 e. Expansion.of Existing Use: Prior to occupancy of an expanded (enlarged) floor _- Deleted:or Change area, off-street vehicle parking shall be provided in accordance with Table 22.50-2 \_ {Deleted:or change of use based on the expanded square footage. Deleted:6 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 __-{Deleted:enlargement or 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+----(Formatted:Indent: Left: 66 pt, hundred (300)feet of the building or use, and shall be located in the same zone or Hanging: 12 pt,Numbered +Level: in a zone which allows the use for which the parking is required. 1+Numbering Style:a,b,c,...+ Start at: 1+Alignment: Left+ b. All parking spaces required herein shall be located on the same parcel with the Aligned at: 36 pt+Tab after: 54 pt building or use served unless: +Indent at: 54 pt,Tabs: Not at 54 pt 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 5, -2 shall be calculated. When __-{Deleted:60 these totals are applied to the percentages shown on Table 22 5a0-1, the _-_-'Deleted:60 P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 6 of of 55 ,Recommended Changes _---[Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 -_-_'Deleted: minimum number of parking spaces required is the largest sum of the individual totals for each time period. Table 22.5N(,--1 Shared Use Allowances __- Deleted:60 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 al-----r Formatted:Indent: Left: 66 pt, "daytime use" may be provided by the parking facilities of a "nighttime" use or Numbered+Level: 1+Numbering vice versa, provided that the parking area shall be subject to a reciprocal parking Style:a,b,c,...+Start at: 1+ agreement and the conditions set forth herein. Alignment: Left+Aligned at: 36 pt +Tab after: 54 pt+Indent at: 54 d. Up to one hundred percent (100%) of the weekend and/or nighttime parking ,pt,Tabs: Not at 54 pt 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. ITable 22.5N9,--2 Required Parking Spaces for Specific Activities _- Deleted:60 x co U U Last updated 3/27/06 Required Parking 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 fumiture sales/service 1 per 1,000 sq.ft display area. 62 623312 Assisted Living Facility 1 per4 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 per4 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 per250 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 P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 7 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 __'Deleted: a, U U Last updated 3/27/06 Required Parking 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 P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 8 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 __'Deleted: U U Last updated 3/27/06 Required Parking 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 per4 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 Post Office,postal center 1 per 200 gross square feet of floor area plus 1 employee 56 56143 Print shop 1 per400 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/teaming 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 P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 9 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 __'Deleted: x a, co U Last updated 3/27/06 Required Parking 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 22.5 ;3 --- Deleted:60 Parking Minimum Design Requirements Standards Parking Minimum Aisle Width Angle ( in Stall Minimum Minimum degrees) Projection Stall Width Stall Depth D A SP B C One Two Way Way 0 8'6" 22' 8' 20' 20' (parallel) 30 17'0" 8'6" 17' 20' 20' 45 170" 8'6" 176" 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" P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 10 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 _'Deleted: Figure 22.6(--1 Calculation of Parking Spaces {Deleted:60 133- .4411pp MP* 111 ,.////////1., 1,11hr 5. Compact Car Allowance a. A maximum of thirty percent (30%) of the total required off-street parking stalls*----(Formatted:Indent: Left: 66 pt, may be permitted and designated for compact cars. Numbered +Level: 2+Numbering Style:a,b,c,...+Start at: 1+ b. Each compact stall shall be designated as such, with the word "COMPACT" Alignment: Left+Aligned at: 36 pt printed onto the stall, in a minimum of eight (8) inch letters and maintained as +Tab after: 54 pt+Indent at: 54 such over the life of the use of both the space and the adjacent structure it pt,Tabs: 84 pt,List tab+Not at 54 serves. pt 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. P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 11 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 Deleted: 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. 1.7 6 1\,, 6 LI 1El 611 fi 0 6Q oQ D `- 'f1] I � 132min 96 min 1, 3350 x 2440 Figure 22.60-2 e. Accessible car and van parking space size shall be as follows: F Formatted:Indent: Left: 66 pt, Hanging: 12 pt,Numbered +Level: i. Car parking spaces shall be 8 feet(96 inches)minimum in width 2+Numbering Style:a,b,c,...+ Start at: 1+Alignment: Left+ ii. Van parking spaces shall be 11 feet(132 inches)minimum in width. Aligned at: 54 pt+Tab after: 72 pt +Indent at: 72 pt,Tabs: Not at 72 EXCEPTION: Van parking spaces shall be permitted to be 8 feet (96) pt inches minimum in width where the adjacent access aisle is 8 feet (96) inches minimum in width. Table 22.5(,4 Accessible Parking Spaces Required Deleted:60 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 P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 12 of of 55 ,Recommended Changes _---[Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 -_-_'Deleted: 22.50.030 Stacking and Queuing Requirements Deleted:6 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 22.5(,-5 Minimum Stacking Lane Length(in Feet) -- Deleted:60 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 100'/entry driveway 2. Driveway stacking length for multi-use properties is the distance between the street right-*----(Formatted:Indent: LLeft: 24 pt, Numbered+Level: 1+Numbering ring line and the near side of the first intersection interior aisle or parking stall. In order Style: 1,2,3,...+Start at: 1+ to prevent stacking within the public street, the total number of driveways accessing a Alignment: Left+Aligned at: 54 pt public street is divided by the total number of parking spaces, establishing the minimum +Tab after: 72 pt+Indent at: 72 length of driveway stacking as follows: pt,Tabs: Not at 72 pt 'Table 22.5N9--6 Parking Lot Stacking _- Deleted:60 No.of Spaces Minimum Stacking \-{Formatted:Centered (Per Driveway) (Length in feet) _u__L 6 ', 7 I - Formatted:Centered Less than 50 18 I 1 C 1t f Formatted:Centered 50 to 200 50 I r H RD More than 200 78 AIL mH *TACKING E VD 0111111 rg. ` 1 3. The City of Spokane Valley Public ----r Formatted:Indent: Left: 24 pt, Works Department may require a wswww 11a xcs ecFCR SO-200 EP. B PER Hanging: 12 pt,Numbered +Level: DRfV traffic study to determine the stacking r ¢°' tT,e�r� Style:+NumberingS le: 1,2,3,...+ and queuing requirements for such Start at: 1+Alignment: Left+ uses that include, but are not limited Aligned at: 54 pt+Tab after: 72 pt to, service stations, drive-thru r E 1 +Indent at: 72 pt,Tabs: Not at 72 restaurants,drive-in banking,etc. {�' Amami pt 11[0) rims] ! IP 1 I I I 1 IQ( lit ' 1 /111 Figure 22.50-3 Deleted:60 P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 13 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 _'Deleted: 22.W040 Off-Street Loading Deleted:60 I� 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: F Formatted:Indent: Left: 66 pt, Hanging: 12 pt,Numbered +Level: i. When one space is required it shall measure 12 feet wide, 30 feet long 1+Numbering Style:a,b,c,...+ and 15 feet high (if a dock). Start at: 1+Alignment: Left+ Aligned at: 39 pt+Tab after: 57 pt ii. When two (2)or more spaces are required they shall measure fifteen (15) +Indent at: 57 pt,Tabs: 78 pt,List feet wide,sixty(60)feet long and fifteen (15)feet high (if a dock). tab+Not at 57 pt 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, ___ Deleted:) feet 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 22.5 -7 LoadingUse/Gross Square Feet Required Loading Spaces I --- Deleted:60 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 P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 14 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 _'Deleted: 2. Screening of Off-Street Loading Areas a. Off-street loading spaces and apron space should not be located on the street side+----(Formatted:Indent: Left: 66 pt, of any building. In those instances where three (3) or more sides of the building Hanging: 12 pt,Numbered +Level: face dedicated streets, loading spaces and apron space shall be located at the 1+Numbering Style:a,b,c,...+ rear or side of the building and screened from view of the abutting streets for a Start at: 1+Alignment: Left+ minimum of thirty-five (35) feet inaccordance the 22a.030(7) Aligned at: 39 pt+Tab after: 57 pt y withprovisions of +Indent at: 57 pt,Tabs: Not at 57 of this Code. : pt b. No loading dock or service bay doors shall be constructed on any portion of a front Deleted:80 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 - Deleted:60 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*----(Formatted:Indent: Left: 30 pt, spaces are required, at a ratio of one(1)rack for every twenty-five(25)parking spaces. Hanging: 12 pt,Numbered +Level: 1+Numbering Style: 1,2,3,...+ 2. Required bicycle parking must be located within fifty(50)feet of an entrance to the building Start at: 1+Alignment: Left+ or use. Aligned at: 0 pt+Tab after: 18 pt +Indent at: 18 pt,Tabs: 42 pt,List 3. If bicycle parking is not visible from the street, a sign must be posted indicating the location tab+Not at 18 pt+ 72 pt 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 {Deleted:60- See SVMC 22LQ.030(6)Landscaping Deleted:80 ---- Formatted:Bullets and Numbering P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 15 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 Deleted: ,22.60 _Outdoor Lighting Standards {Deleted:¶ - Deleted:OUTDOOR 22.60.010 Purpose 'Deleted:LIGHTING STANDARDS The regulation of outdoor lighting discourages excessive lighting of outdoor spaces, encourages (Deleted:22.70 energy conservation and prohibits lighting creating a nuisance for adjacent property owners. 22.60.20 Application t---- Formatted:Bullets and Numbering 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 t---- Formatted:Bullets and Numbering 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 noti-----(Formatted:Indent: Left: 30 pt, exceed 0.20 watts per square foot of lot area, provided however, that the allowance may Numbered +Level: 1+Numbering be increased to 0.30 watts per square foot for covered residential parking when ceilings Style: 1,2,3, ...+Start at: 1+ and walls are painted or stained with a reflectance value of 0.70 or higher. Alignment: Left+Aligned at: 18 pt +Tab after: 36 pt+Indent at: 36 2. The lighting allowance for building exteriors, including landscaping lighting, shall not pt,Tabs: 48 pt,List tab+Not at 36 exceed either 0.25 watts per square foot of building façade or 7.5 watts per linear foot of pt+ 54 pt 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 sot----(Formatted:Indent: Left: 30 pt, that no light extends across any bounding property line above a height of three(3)feet. Numbered +Level: 1+Numbering Style: 1,2,3, ...+Start at: 1+ 5. Outdoor lighting fixtures shall be recessed or shielded so that the light source is not Alignment: Left+Aligned at: 18 pt visible at any bounding property line except where topographical characteristics make +Tab after: 36 pt+Indent at: 36 this impossible. pt,Tabs: 48 pt,List tab+Not at 36 pt+ 54 pt 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 t---{Formatted:Bullets and Numbering The following lights are prohibited unless a temporary permit is obtained for specific events with specific times of operation: ,rFormatted:Indent: Left: 30 pt, Hanging: 12 pt,Numbered +Level: 1. Laser source light, strobe lights and similar high intensity light sources, except those-' 1+Numbering Style: 1,2,3,...+ associated with approved activities of the City of Spokane Valley. High intensity lights for Start at: 1+Alignment: Left+ which a temporary permit is issued shall not project above the horizontal plane nor extend Aligned at: 18 pt+Tab after: 36 pt +Indent at: 36 pt,Tabs: Not at 36 into the public right-of-way. pt P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 16 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 _'Deleted: 2. Searchlights. ,22.60.050 Exceptions Deleted:22.70 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 {Deleted:0 The Building Official may authorize temporary exceptions not to exceed thirty days for good cause shown. P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 17 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 _'Deleted: I )22.70, Fencing, Screening & Landscaping {Deleted:222280 Formatted:Font: 11 pt ,22.70.010 Purpose and Intent Formatted:Font: 11 pt The use of fencing and screening reduces visual, noise and lighting impacts on adjacent properties Deleted:22.80 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-FencingDeleted:22.80 1. No sight-obstructing fence more than thirty-six (36) inches in height nor any non-sight-t---"Formatted:Indent: Hanging: 12 obstructing fence (cyclone) more than forty-eight (48) inches in height may be erected pt,Numbered+Level: 1+ and/or maintained within the required front yard of any lot used for residential purposes. Numbering Style: 1,2,3,...+Start at: 1+Alignment: Left+Aligned at: 2. Any fence,wall, living plant screen or any combination thereof, erected or placed behind the 18 pt+Tab after: 36 pt+Indent minimum required front yard line may be erected or maintained to a maximum height of at: 36 pt eight(8)feet above the adjacent grade in residential zoning districts. 3. Neither residential, commercial or industrial fencing, nor any sight obstruction including~--- Formatted:Indent: Hanging: 12 vegetation, which constitutes a hazard to the traveling public shall be permitted on any pt,Numbered+Level: 1+ corner lot in any zone within the area designated as the "clear view triangle" as set forth Numbering Style: 1,2,3,...+Start below: at: 1+Alignment: Left+Aligned at: 18 pt+Tab after: 36 pt+Indent a. A clear view triangle is a measurement applied at the intersection of two streets or at: 36 pt,Tabs: 18 pt,List tab 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: =11111111111111111111VEGETATIONHIN CLEARVIEW TRIANGLE { Figure 22.80-1 Clearview Requirements w r MINIMUM MAXIMUM 35' MAXIMUM SIDEWALK STREET [Uncontrolled Intersection: the right isosceles triangle having sides of fifty ----(Formatted:Indent: Left: 102 pt, feet(50'-0") measure along the curb line of each intersecting local access Hanging: 12 pt,Numbered +Level: street(or five feet from edge of pavement for a street with no curbs), alley 1+Numbering Style: i,ii,iii,...+ or commercial driveway (See Figure,22.70-2); or Start at: 1+Alignment: Left+ Aligned at: 36 pt+Tab after: 50.4 pt+Indent at: 54 pt Deleted:22.80 P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 18 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 'Meted: Figurev22.70-2. Uncontrolled Intersection ----(Deleted:22.80 °50 FT. 50 FT. o LOCAL ACCESS STREET LOCAL ACCESS STREET e CURB f CRY RIGHT-OF-WAY f PROPERTY LINE --,74, 7 or m z, w : rr /// 0 UJU O J NOTE IF NO CURB IS PRESENT,MEASURE IN 5 TOWARDS THE 1 PROPERTY LINE FROM THE EDGE OF THE ROADWAY 3/ ' -CURB-� L' CITY RIGHT-OF-WAY CITY RIGHT-OF-WAY ii. Two-Way Stop Controlled Intersection: the right triangle having a sixteen+ Formatted:Indent: Left: 96 pt, foot (16'-0") side measured along the curb line of a local access street (or Hanging: 12 pt,Numbered+Level: five feet from edge of pavement for a street with no curbs), alley or 1+Numbering Style: i,ii,iii,...+ commercial driveway, and the distance shown on Table,22.70-1 based on Start at: 1+Alignment: Left+ Aligned at: 36 pt+Tab after: 50.4 posted speed along the side along the curb line of the intersecting street(ori pt+Indent at: 54 pt five feet from edge of pavement for a street with no curbs)(See Figure p2.70-3);or Deleted:22.80 Deleted:22.80 Figure,22.70-3 Two-Way Stop Controlled Intersection --{Deleted:22.80 a SEE TABLE 70614° , SEE TABLE hal RiROUdi SIREET - ° m R EGUSS SIRF,ET f TE S ° CRY RIGHT-OF-WAY $w a PHOF'ERIY UNE O NOTE.IF NO CURB IS PRESENT,MEASURE IN 5 TOWARDS THE j, ° I PROPERTY LINE FROM TIE EDGE OF THE ROADWAY CRY FIGHT-OF-WAY CITY RK7i1-OF-WAY Table 22-80-1 iii. In cases including, but not limited to, Posted Speed Distance (in+---"Formatted:Indent: Left: 102 pt, arterials with posted speeds in excess of 35 (in MPH) feet) Numbered+Level: 1+Numbering mph, one-way streets, steep grades and 25 70 style: i,ii,iii,...+start at: 1+ sharp curves the City Traffic Engineer will Alignment: Left+Aligned at: 36 pt 30 95 +Tab after: 50.4 pt+Indent at: determine the appropriate measurement. 54 pt 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); _- Deleted:22.80 P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 19 of of 55 ,Recommended Changes _---[Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 _'Deleted: Figure,22.70 4. Yield Controlled Intersection __-{Deleted:22.80 80,FT. 80 FT. < THROUGHSTREET 'THROUGH STREET L,f.—CURB w it ,/ AI' p w - -- •y CITY RIGHT-OF-WAY .,�>N PROPERTY LINE ®ki 101 s JCURB---''' CITY RIGHT-OF-WAY CITY RIGHT-OF-WAY v. All-Way Stop Controlled: the triangle determined by the City Traffic+----r Formatted:Indent: Left: 102 pt, Engineer using AASHTO sight distance requirements for all-way stop Hanging: 12 pt,Numbered +Level: controlled intersections. 1+Numbering Style: i,ii,iii,...+ Start at: 1+Alignment: Left+ vi.Signal controlled intersection: the triangle determined by the City Traffic Aligned at: 36 pt+Tab after: 50.4 Engineer using AASHTO sight distance requirements for signalized pt+Indent at: 54 pt intersections. I vii. Non-Commercial Driveway serving three or more residences: the right isosceles triangle having sides of fifteen feet (15'-0") measured along the I . curb line of the street and the edge of the driveway (See Figure,22.70-5); __- Deleted:22.80 or ;SFT ., 1S <". EET o < - STflEET a a a CURB I < < CITY RIGHT-OFWAY PROPERTY LINE :-:-.-:-:- 74.9 r -'-'---'-',_-',. ' 400 IBM L Figure,22.70-5. Non-Commercial Driveway. Deleted:22.80 4. Exemptions: Clearview Triangle regulations of this chapter shall not apply to: r a. Public utility poles, +---- Formatted:Indent: Left: 66 pt, Numbered +Level: 1+Numbering b. Trees, so long as they are not planted in the form of a hedge, and are trimmed to Style:a,b,c,...+Start at: 1+ a height of at least 7 feet above the street surface; Alignment: Left+Aligned at: 54 pt +Tab after: 72 pt+Indent at: 72 c. Properties where the natural ground contour penetrates the Clearview triangle; ,pt,Tabs: Not at 72 pt 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. P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 20 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 _'Deleted: 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 ----(Formatted:Indent: Left: 66 pt, area located every one hundred and fifty(150)feet; and Hanging: 12 pt,Numbered +Level: 1+Numbering Style:a,b,c,...+ b. The electric fence is located not less than 24 inches from the property line; and Start at: 1+Alignment: Left+ c. Access to the fence is limited byconventional fencingor enclosure. Aligned at:o 36 pt after: 54 pt +Indent at: 54 pt 8. A combination of sight-obscuring fences and landscaping shall be required between incompatible land uses as established in SectionZ2.70.030. Deleted:22.80 , 2.70.030 Screening&Buffering (Deleted:¶ 22.80 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*----(Formatted:Indent: Left: 102 pt, than 35 feet on center, with a maximum of 50% of the trees being Hanging: 12 pt,Numbered +Level: deciduous; 1+Numbering Style: i,ii,iii,...+ Start at: 1+Alignment: Right+ ii. Evergreen shrubs shall comprise at least 75% of the plantings, planted at Aligned at: 99 pt+Tab after: 108 a distance of not less than 6 feet on center; pt+Indent at: 108 pt,Tabs: Not at 108 pt 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 0 V „ 0 irt: 5 Feet 35 feet maximum °O. Q Sight-obscuring fence Figure,22.70-6 Example of Type I Landscaping with Sight-Obscuring Fence(not to scale) -- Deleted:22.80 P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 21 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 ---_'Meted: 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. I Figure,22.70-7 Type I Full Screening_ ----f Deleted:22.80 \jr;44-1r. 3 -14' ill),74 / ' f -4Tkhki r.T.M.iFk I r 111. : r `,ce- 1 PPIRIA.1.4 ,-C.....--A""( Cler'- oma,nuc x-r4 rEt-tm . TYPE II: Visuapufferinq. _ Deleted:2 ,� - Formatted:Tabs: 48 pt,Left+Not a. Where required to minimize the incompatibility between adjacent land uses, a at 36 pt visual screen of not less than five feet in width which may consist of fencing, ,'Deleted:IsuAL architectural panels, berms, walls, vegetative plantings, or some combination of these shall be installed as follows: f Deleted:UFFERING iA mixture of conifers and deciduous trees, planted at a distance of not less+----'Formatted:Indent: Left: 102 pt, than 35 feet on center, with a maximum of 75% of the trees being Hanging: 12 pt,Numbered+Level: deciduous; 1+Numbering Style: i,ii,iii,...+ Start at: 1+Alignment: Left+ ii_Evergreen shrubs shall comprise at least 50%of the plantings; Aligned at: 31.5 pt+Tab after: 49.5 pt+Indent at: 49.5 pt,Tabs: iii.A minimum of eighteen (18) points of landscaping shall be installed for Not at 49.5 pt 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 ***t Alp 4 *04t* .00 0,2*C4 iltk*# 35 feet max„ I Grass Grass MW Figure,22.70-8 Example of Type II Landscaping _- Deleted:22.80 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. F----r Formatted:Indent: Left: 24 pt, Hanging: 24 pt P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 22 of of 55 ,Recommended Changes _--- Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 __'Meted: i4. Full screening and buffering are required for land use classification as shown on Table __-- Deleted:3 22.70-2 Deleted:Buffers Table 22.70-2 Buffers Re.uired b T .e _ - --- Formatted:Highlight Formatted:Highlight Vi) c d N D c a� Land Use Classification a) r __ o 0 N xs.c 6' f N a: aa) E aa, a o D m 0 2-o al E 'o -o U a '• a 0 .2 E ` X _ = �1 8 U U U E Planned Residential Develo.ment 11 I I I I I I I Manufactured Home Parks I I I I I I I I Formatted:Left Medium&High Density Residential I L/a II II II II II II --- Deleted: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 Citv 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 F--- Formatted:Indent: Left: 30 pt, Hanging: 18 pt NEEDS CHANGES TO REQUIRE SOME BUFFERING BETWEEN DEVELOPMENTS IN SAME ZONES WITH MINOR EXCEPTIONS. =General Provisions-Landscaping Deleted:3 - —-C Deleted:4 - a. Applicant may use any combination of planting materials to meet the requirements ,\ of this section. Points are assigned based on the following: ' Deleted: Table,22.70 ,Landscaping point values Formatted:Indent: Left: 66 pt, Hanging: 12 pt,Numbered+Level: Minimum Size(at time of planting) 1+Numbering Style:a,b,c,...+ ,` Start at: 1+Alignment: Left+ Type of Plant Material Deciduous Trees Evergreen Trees Point Value ~\ `0 Aligned at: 36 pt+Tab after: 54 pt (in caliper inches) (in feet of height) vv `\`v +Indent at: 54 pt,Tabs: Not at 54 ` ` pt v 8-inch or greater 22 ft.and over 26 , \`` -Deleted:22.80 7-inch 19-21 ft. 24 ' Deleted:1 ) 6-inch 16-18 ft. 22 Large Tree [Formatted Table 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 A P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 23 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 _'Deleted: Minimum Size(at time of planting) Type of Plant Material Deciduous Trees Evergreen Trees Point Value + --- Formatted Table (in caliper inches) (in feet of height) 1 gallon Groundcover 4-inch pots 'A 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 'A per sq yd b. Landscaping must equal or exceed a minimum number of points based on the size+---- Formatted:Indent: Left: 66 pt, of the lot, parcel or tract and the number of parking spaces. Hanging: 12 pt,Numbered +Level: Table 2&080 points required 1+Numbering Style:a,b,c,...+ Start at: 1+Alignment: Left+ Aligned at: 36 pt+Tab after: 54 pt Size of Developed Area Number of Points Required ° +Indent at: 54 pt,Tabs: Not at 54 0-500 sq.ft. Site points=10 vv v,,pt Deleted:0 500-2,500 sq ft. Site points=25 Deleted:0 2,500-5,000 sq.ft. Site Points=50 l Deleted:2 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+----(Formatted:Indent: Left: 60 pt, following aesthetic corridors: Numbered +Level: 1+Numbering Style:a,b,c,...+Start at: 1+ . State Route 27 from 16th south to 32nd and Mansfield to Trent; Alignment: Left+Aligned at: 36 pt . Appleway Boulevard(south side from Park to Dishman Mica); +Tab after: 54 pt+Indent at: 54 . Mirabeau Parkway from Pines to Indiana; pt,Tabs: Not at 54 pt . 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 P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 24 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 Meted: 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 bepxcluded from turf point __- Deleted: sodded and is 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. Deleted:5 n. Turf Grass shall be planted, seeded or re-seeded as necessary, watered and I Formatted:Indent: Left: 30 pt, maintained in such a manner as to completely cover all exposed areas of soil after Hanging: 18 pt one full growing season. I; Formatted:Bullets and Numbering o. No disturbed ground shall be left exposed. Grass and other approved and /1,'cDeleted:conifers and/or appropriate groundcovers or mulch shall cover all non-paved and non-built d'/, Deleted:or a mix of the two tree Developed Areas. types / p. Landscaping may be included within stormwater facilities, providing it does not ", � rFormatted:Indent: Left: 60 pt, impede on functionality and is consistent with stormwater guidelines. ✓ / Numbered +Level: 2+Numbering /i/ Style:a,b,c,...+Start at: 1+ Street Trees '// Alignment: Left+Aligned at: 0 pt+ Tab after: 18 pt+Indent at: 18 pt, a. Street trees shall include deciduous trees,planted in or within ten feet of any// Tabs: 78 pt,List tab+Not at 18 pt public or private right-of-way, planted at a distance of not less than 35 feet on "Deleted:22.80 center in sleeves designed to direct root development as shown in Figure22.70-9J, of this chapter. Isr "REQ CHAIN A5 NEEDEE) - MA DV QOD STAKE —� -8 STAKES 2'X 2" [DRIVEN(MIN. I 8/5 FIRMLY INTO 5U5 GRADE INSPECT ADJL15T A.5 NEEVER 5vrux,ALF ALT,PAVER5 ETC, CURB,Wr31K,ASPL'1ALT mt. I •III I I _II 1 1 I-I I I� I ." I II II 11 II 4 11 II II II II II 'P h I II I II it I I II II I AI II 31 II b�h- I n; —11.11,1.,:n. . I `I1A*TOWN BRAND OR EQUAL ROOT BARRIER U5r IN NARROW TRP PLANTING AREAS ADJACPIT1 TO hAR SCAPP5 PREVENT3 HARp5CAPE DAMAGE PAr ROOT UPLIFTING ROOT DARIl Figure,22.70-9 Root Barrier for Trees planted near walkways Deleted: Deleted:22.80 P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 25 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 _'Deleted: b. If construction is adjacent to any local access, collector or arterial at least one (1)1----"Formatted:Indent: Left: 60 pt, medium tree shall be planted for each 40 linear feet or fraction thereof that portion Numbered +Level: 2+Numbering of the development abutting the right of way. Style:a,b,c,...+Start at: 1+ Alignment: Left+Aligned at: 0 pt+ 6. Landscaping Requirements for Parking Areas ~ Tab after: 18 pt+Indent at: 18 pt, Tabs: 78 pt,List tab+Not at 18 pt a. Headlight screening: Where parking lot design includes spaces which allow+ vehicles to park perpendicular to public rights of way or structures located on Formatted:Indent: Left: 24 pt, adjacent parcels, headlight screening shall be required. Headlight screening Hanging: 24 pt should not exceed 30 inches in height for the length of the parking area. ' Formatted:Bullets and Numbering Formatted:Indent: Left: 60 pt, Numbered +Level: 1+Numbering { Style:a,b,c,...+Start at: 1+ Alignment: Left+Aligned at: 18 pt ffff +Tab after: 36 pt+Indent at: 36 y pt,Tabs: Not at 36 pt i w�x]r rF ,i�,A+i F ,1-Tt nt�ti w f Figure,22.70-10 HeadlightScreening Deleted:22.80 b. When a parking area abuts residentially-zoned property along any interior side ori, Deleted:light rear property line,Type I Full Screening is required. (Formatted:Indent: Left: 66 pt, Hanging: 12 pt,Numbered +Level: c_A maximum of 10% of the number of required parking spaces may be replaced 1+Numbering Style:a,b,c,...+ with landscaping. Ten (10) points of landscaping shall be required for each Start at: 1+Alignment: Left+ substituted parking space. Aligned at: 18 pt+Tab after: 36 pt +Indent at: 36 pt,Tabs: Not at 36 d_A minimum of 25% of required points for parking areas shall be evergreen plant pt 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 P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 26 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 Deleted: 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, Deleted: . gParking 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. - Z. Landscaping for Required for Common Open Space Deleted:6 a. Fifty percent (50%) of the required common open area shall contain irrigated plantings. . Screening of Loading Docks _{Deleted:7 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 asi----- Formatted:Indent: Left: 66 pt, walls, berms, trees and shrubs with a mature height of at least to the height of the Hanging: 12 pt,Numbered +Level: top of the dock door but no greater than twelve (12) feet above the truck dock 1+Numbering Style:a,b,c,...+ apron; and Start at: 1+Alignment: Left+ Aligned at: 36 pt+Tab after: 54 pt b. shall, when viewed at a perpendicular angle from the street, screen the loading +Indent at: 54 pt,Tabs: Not at 54 spaces completely, except for driveway opening(s). pt - Landscaping Requirements for freestanding signs Deleted:8. {Deleted:S a. New free-standing sign structures serving a new development shall provide a4- landscaping area as follows: - Formatted:Indent: Left: 66 pt, Hanging: 12 pt,Numbered +Level: i. Structures on slab: a landscape border of eighteen inches (18") or more 1+Numbering Style:a,b,c,...+ measured from the edge of slab. Start at: 1+Alignment: Left+ Aligned at: 54 pt+Tab after: 72 pt ii. Single pole structures: a landscape border not less than thirty-two (32) +Indent at: 72 pt,Tabs: Not at 72 square feet in area located eighteen inches (18") or more measured from pt 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. P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 27 of of 55 ,Recommended Changes _---(Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 _'Deleted: 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 X2.70.030(3) require no additional __-- Deleted:22.80 i landscaping. d. New sign structures on a fully developed site will require minimal xeriscaping pursuant to22.70.030(9). Deleted:22.80 e. Points for landscaping of sign structures may be used to meet the minimum requirements of this chapter. `. Xeriscaping. {Deleted:9 a. The number of required points may be reduced by up to 20% for use ofi-----(Formatted:Indent: Left: 66 pt, recommended xeriscape planting materials combined with decorative hardscape. Numbered +Level: 2+Numbering Xeriscape planting materials need fewer waterings than typical lawn grasses and Style:a,b,c,...+Start at: 1+ can tolerate, resist, or avoid drought AFTER they are established. They have Alignment: Left+Aligned at: 54 pt pattractive ornamental features and are relatively easy to grow. Xericape planting +Tab after: 727 +Indent at: 72 `pt,Tabs: Not att 72 pt 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. 1. Modification of Landscaping Requirement Deleted: 10 a. The Director may approve alternative landscaping proposals where: i. Only a portion of the parcel is being developed; HangingIndent: e 102 v Hanging:: 1 12 pt,Numbered +Level: ii. Landscaping would interfere with the adequate storage, conveyance, 1+Numbering Style: i,ii,iii,...+ Start at: 1+Alignment: Left+ treatment or control of stormwater runoff or would interfere with the Aligned at: 31.5 pt+Tab after: maintenance of stormwater facilities or natural drainage systems. 49.5 pt+Indent at: 49.5 pt iii.Applicant proposes xeriscaping in conformance with subsection 9 of this Deleted:b. section. fFormatted:Bullets and Numbering iv.Existing structures or improvements preclude installation of required Indent: Left: 36 pt landscaping and irrigation systems as prescribed herein. „' , Formatted:Font:8 pt,Bold c.Where applicant proposes to preserve existing healthy trees a credit may be applied toi-/// - points for required landscaping, provided however that not more than 25% of the total Formatted:Font:8 pt,Bold points may be located within the public right-of-way. Credit may be approved as ,'/,' (Formatted:Font:8 pt,Bold follows: ''z�/ , (Formatted Table ,Table 22.70,5 Credits for Tree Preservation_ `'O �/ Deleted: Existing Significant Size of,Preserved Height of existing Landscape Points - .--,"- _�- Formatted:Centered DeciduousTree;_' preserved conifer Applied: ---__--(Deleted: : 6-inch caliper 16-18 ft 22 ~ Formatted:Centered 7-inch caliper 19-21 ft. 24 ~ --{Formatted:Centered 8-inch to 10-inch caliper 22-28 ft. 26 ~ Formatted:Centered 10.1-inch caliper to 15-inch 29-32 ft. 30 ~---{Formatted:Centered DBH - Deleted:DBH 15.1-inch to 20-inch, 33-36 ft. 35 ~ {Formatted:Centered 20.1-inch to 25-inches 37-40 ft. 40 ~' -- Deleted:DBH Formatted:Centered P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 28 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 -_-_'Meted: Over 25-inch >41 ft. 50 Deleted: DBH fFormatted:Centered *Deciduous trees shall be measured in accordance the National Shade Tree Standards at 304- - - inches above grade. Formatted:Indent: Left: 108 pt, Hanging: 9 pt c.The decision of the Director regarding modification of landscape requirements shall Formatted:Font:8 pt be final unless an aggrieved person appeals that decision to the Hearing Examiner. . - 12. Installation,Maintenance,and Enforcement Deleted: 11 a. Prior to the issuance of a Certificate of Occupancy a registered landscape~----(Formatted:Indent: Left: 66 pt, architect will certify that the irrigation systems and landscaping has been installed Hanging: 12 pt,Numbered+Level: in accordance with approved plans and specifications. 1+Numbering Style:a,b,c,...+ Start at: 1+Alignment: Left+ b. The Director may authorize a delay where planting season conflicts would produce Aligned at: 18 pt+Tab after: 36 pt high probability of plant loss. In the event the Director authorizes a delay, a +Indent at: 36 pt,Tabs: 78 pt,List temporary certificate of occupancy not to exceed six months may be issued to tab+Not at 36 pt complete the installation of required landscaping. r Maintenance of landscaping shall be the responsibility of the property owner. All l Deleted: 12 landscaping required by this chapter shall be permanently maintained in a healthy ,' Deleted:all of the following growing condition. Trees that become diseased, severely damaged or die shall be information removed by the owner. All trees removed under this section shall be replaced in / - Deleted:a. Proposed landscaping accordance with the approved landscaping plan for the property. Lack of maintenance ; including location,common,and , , botanical name of each species and shall constitute a violation of this Code. ' / size at time of installation.¶ 13 Landscaping Plan Requirements b. Location,common name and size ' 13 I of existing vegetation that is being The landscaping plan shall be prepared and sealed by a registered landscape architect retained.% and include he size and type of landscaping materials, the dimensions of the tract, and ,' i c. Location s all buildings and �taccessory tructures.¶ a point calculation showing compliance with this provision.. ; d. Location and height of any existing and proposed berms,walls, fences,retaining walls and similar architectural barriers.¶ e. Location of critical areas and their buffers.¶ f. Location of existing and proposed hardscape such as trellises,decks, patios,signs and similar landscape features.¶ g. The location of clear view triangles. h. Location of all exterior project lighting,including streetlights.¶ i. Location of proposed and existing water features.¶ j. Location of existing and proposed stormwater drainage features, including but not limited to bio- filtration swales,detention ponds, drainage ways,ditches,drainage easements and drainage facility access easements.¶ k. Cost estimate including the name and cost of each species to be planted.% I. Location of all existing and proposed overhead and underground utilities,including electric and gas lines.¶ m. North arrow,title block,name and phone number of contact person.¶ n. Location of all streets and alleys.¶ o. A scale bar.¶ p. Planting details.% q. Dimensions of the lot,tract .__[2] P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 29 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 _'Deleted: ,22.7022.70, Deleted: 13 Formatted:Font: Not Bold er- Deleted: 14.Typical Installation Details¶ Figure Deleted:-11 Retaining Wall less than four feet in height¶ 8"Min.Low Permeable Soil 11-11=11-11=ua,..-. u =11" (Retained SoIB� �. =It• Unit Drainage Fill (314"Crushed Rack ar Stone) Approximate Limits of Excavation 49 Perforated PVC Drainage Tile Wrapped in Filter Fabric (If Required) <sp>¶ <sp>¶ ¶ <sp> Page Break ¶ <sp><sp><sp><sp><sp><sp><sp> Page Break <sp><sp>¶ 4 'SII ¶ �' ¶ ¶ 1 ¶ SII Ili IT p' ¶ '' ¶ '' ¶ ¶ Pin¶ [...[3] ,;,(Formatted:Font: Not Bold Deleted:22.80 (Deleted:22.80 Deleted:-15 Ground cover ' planting on Slopes Formatted:Indent: Left: 30 pt, Hanging: 12 pt P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 30 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 _'Deleted: 15. )ecommended Planting Species Deleted: 14 Refer to Appendix 22-A Deleted:. Deleted: Formatted:Indent: Left: 42 pt, First line: 30 pt 22.8p-22.100 RESERVED ed:Recommended Planting Species (...[4] Deleted:9 {Deleted:(Reserved) P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 31 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 Deleted: 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 {Deleted:_�l Deleted:22.80 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; P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 32 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 _'Deleted: — 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+----(Formatted:Indent: Left: 30 pt, than the maximum number of either freestanding pole signs or monument sign structures Hanging: 12 pt,Numbered +Level: are allowed per parcel. 1+Numbering Style: 1,2,3,...+ Start at: 1+Alignment: Left+ 2. In addition to the permanent signs allowed pursuant to Table 22.110-1 a single decorative Aligned at: 13.5 pt+Tab after: emblem(or standard), constructed of durable vinyl with a thickness of not less than 13 mis. 31.5 pt+Indent at: 31.5 pt,Tabs: for every 50 feet of frontage shall be allowed. The lowest horizontal member of the 42 pt,List tab+Not at 31.5 pt 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 N O O i — •— R 'O Land Use Zoning District a c c Additional Provisions U) ` vl yA -a 0 srn d '£ E 'd o o 2 o 2 :O o Z x U U U v)4- 0- Attached Walls Signs 'l Formatted:Left Institutional Residential Zones * * * n/a n/a n/a Y *25%of wall area (Formatted:Left Single Business Residential Zones 1 n/a 60 n/a n/a n/a Y All Mixed use and *25% 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 P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 33 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 i Deleted: — Table22.110-1 Location,Height and Copy Area Requirements Maximum —y Y 2 R t3 Land Use Zoning District a w e w e 2 Additional Provisions .B (13 .2 2 0l ` n . d . . rn rn } s > >41 >:° d 'a Eo. o o 2 o 2 :a N Z x U U U v) a- . 4- Monument Monument Signs Formatted:Left Subdivision/Area 'Formatted:Left 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+----(Formatted:Indent: Left: 30 pt, single 30 day renewal within any calendar year. Hanging: 12 pt,Numbered +Level: 1+Numbering Style: 1,2,3,...+ 2. Pennants, flags, and streamers, with copy are allowed by temporary permit for a period of Start at: 1+Alignment: Left+ time not to exceed 60 days with a 60 day renewal. Additional temporary permits may be Aligned at: 13.5 pt+Tab after: obtained after 60 days have passed from the date of the expiration of the permit or a party 31.5 pt+Indent at: 31.5 pt,Tabs: may obtain a single annual 75 day permit. 42 pt,List tab+Not at 31.5 pt+ 49.5 pt 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+----(Formatted:Indent: Left: 30 pt, positioned and shielded to minimize impacts to the surrounding area(s). Gooseneck Hanging: 12 pt,Numbered +Level: reflectors and lights are permitted on permanent freestanding and wall Signs provided that 2+Numbering Style: 1,2,3,...+ lighting or glare does not extend beyond the property line. start at: 1+Alignment: Left+ Aligned at: 49.5 pt+Tab after: 2. Electronic signs shall be permitted on the same basis as other signs, subject to the 67.5 pt+Indent at: 67.5 pt,Tabs: requirements of Table 22.110-1. 42 pt,List tab+Not at 49.5 pt+ 67.5 pt P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 34 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 _'Deleted: 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 p2.70-1 shall apply to __--Deleted:22.80 parcels adjacent to aesthetic corridors designated in the Spokane Valley Comprehensive Plan: a. State Route 27(16th Avenue south to city limits) t Formatted:Indent: Left: 66 pt, Hanging: 12 pt,Numbered +Level: b. State Route 27(Mansfield to Trent) 1+Numbering Style:a,b,c,...+ Start at: 1+Alignment: Left+ c. Appleway Blvd. (south side only from Park Road to Dishman Mica) Aligned at: 18 pt+Tab after: 36 pt +Indent at: 36 pt,Tabs: 78 pt,List d. Appleway Avenue(Barker Road to Hodges) tab+Not at 36 pt+ 108 pt e. Dish man 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 __-{Deleted:22.80 aesthetic corridors. P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 35 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 _ _'Deleted: 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+----(Formatted:Indent: Left: 30 pt, front property line and outside any border easement, provided that the requirements of Hanging: 12 pt,Numbered +Level: SVMC,22.70 Clearview Triangles of the Spokane Valley Uniform Development Code have 1+Numbering Style: 1,2,3,...+ been met. Start at: 1+Alignment: Left+ Aligned at: 0 pt+Tab after: 18 pt 2. Freestanding signs with structural supports less than two feet (2'-0") in width, with copy +Indent at: 18 pt,Tabs: 42 pt,List area placed at a height of seven feet or more above grade, may be located at the property tab+Not at 18 pt+ 108 pt line, provided that the requirements of SVMC„22.70 Clearview Triangles of the Spokane Deleted:22.80 Valley Uniform Development Code have been met. Freestanding signs with structural {Deleted:22.80 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 X2.70.030(10_). Landscaping should ensure that signs are not blocked or obscured __- Deleted:22.80 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 B SIGN MaximumHei ht 1 g Minimum Height Figure 1 Property Figure 2 Border A Line K-4 1 1 SIGN B1 Maximum Height 7 Al SIGN 2 B2 Setback j SIGN 3 63 Property Line Figure 3 P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 36 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 _ _'Deleted: 2. The sign area of a freestanding sign for a single business shall be calculated as shown in+----(Formatted:Indent: Left: 30 pt, Figure 2 above. The sign area of a freestanding sign identifying multiple businesses shall Hanging: 12 pt,Numbered +Level: be computed by adding together the total area(s)of all signs as shown in Figure 3 above. 2+Numbering Style: 1,2,3,...+ Start at: 1+Alignment: Left+ 3. The sign area for multiple-sided signs shall be calculated as follows: Aligned at: 36 pt+Tab after: 54 pt +Indent at: 54 pt,Tabs: 42 pt,List a. The total sign area for a two-sided sign shall be calculated using a single surface tab+Not at 54 pt+ 72 pt 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 off----(Formatted:Indent: Left: 30 pt, the sign by no more than four (4) rectangles. The sum of the area of the rectangles shall Hanging: 12 pt,Numbered +Level: be the gross surface area. The maximum allowable area is reduced by ten percent(10%) 2+Numbering Style: 1,2,3,...+ for the second and each subsequent rectangle used in the calculation, illustrated below. Start at: 1+Alignment: Left+ Aligned at: 36 pt+Tab after: 54 pt a +Indent at: 54 pt,Tabs: 42 pt,List tab+Not at 54 pt+ 72 pt A 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. P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 37 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 _'Deleted: 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; t Formatted:Indent: Left: 66 pt, Hanging: 12 pt,Numbered +Level: b. No replacement billboard shall exceed 672 square feet in copy area; 1+Numbering Style:a,b,c,...+ Start at: 1+Alignment: Left+ c. Any replacement billboard may not be placed less than five feet (5'-0") from the Aligned at: 13.5 pt+Tab after: property line; 31.5 pt+Indent at: 31.5 pt,Tabs: Not at 31.5 pt 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 gAny 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. P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 38 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 Deleted: Deleted:¶ 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+----(Formatted:Indent: Left: 30 pt, any required avigation easements have been satisfied. Hanging: 12 pt,Numbered +Level: 1+Numbering Style: 1,2,3,...+ 2. A scaled site plan clearly indicating the location, type and height of the proposed tower, Start at: 1+Alignment: Left+ antennas, on-site land uses and zoning, adjacent land uses and zoning, adjacent Aligned at: 54 pt+Tab after: 72 pt roadways, proposed means of access, setbacks from property lines, elevation drawings of +Indent at: 72 pt,Tabs: 42 pt,List the proposed tower, the equipment structure, fencing, buffering and the type of stealth tab+Not at 54 pt+ 72 pt 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. P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 39 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 Deleted: 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: t Formatted:Indent: Left: 30 pt, Hanging: 12 pt,Numbered +Level: a. If within existing trees, "stealth technology" means: 1+Numbering Style: 1,2,3,...+ Start at: 1+Alignment: Left+ o The tower is to be painted a dark color; Aligned at: 54 pt+Tab after: 72 pt +Indent at: 72 pt,Tabs: Not at 72 o Is made of wood or metal; and pt 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. P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 40 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 _'Deleted: 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. Deleted:22.70 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 P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 41 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 __'Deleted: 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. Deleted:22.80 P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 42 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 _'Deleted: 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*----(Formatted:Indent: Left: 24 pt, County Standards for Road and Sewer Construction. Unless the context requires Hanging: 12 pt,Numbered +Level: otherwise, references to Spokane County shall be construed to mean the City of Spokane 1+Numbering Style: 1,2,3,...+ Valley and references to county staff shall refer to the City Manager or designee. The City Start at: 1+Alignment: Left+ Aligned at: 0 pt+Tab after: 18 pt Clerk shall maintain a copy on file. +Indent at: 18 pt,Tabs: 36 pt,List 22.130.050 Regional Pavement Cut Policy. tab+Not at 18 pt+ 50.4 pt The Regional Pavement Cut Policy, as it maybe amended from time to time, is herebyadopted byFormatted:Outline numbered + 9 y p Level:3+Numbebering Style:01,02, reference and is included as Appendix 22-A. In addition: 03, ...+Start at:50+Alignment: Left+Aligned at: pt+Tab after: 1_A Right-of-Way permit is required of any person or company cutting pavement within*.. 49.5 pt+Indent at: 49.5 pt existing City rights-of-way or on City owned infrastructure. Formatted:Indent: Left: 30 pt, 2. Permit fees are established in the Spokane Valley Master Fee Schedule. Numbered +Level: 1+Numbering Style: 1,2,3, ...+Start at: 1+ 3_A pavement cut moratorium is in effect for three years from the date of pavement or Alignment: Left+Aligned at: 0 pt+ reconstruction of pavement for all arterials, collectors and local access streets. Tab after: 18 pt+Indent at: 18 pt, Tabs: 48 pt,List tab+Not at 18 pt 4. For pavement cuts occurring in roadways constructed or reconstructed beyond the + 99 pt moratorium period,the requirements are summarized on the following table: P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 43 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 _'Deleted: Table 22.130-1 Arterial Streets: Years 4-5 Years 6-12 >12 years Principal Full Policy Full Policy Modified Policy Mldor 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 ----(Formatted:Indent: Left: 30 pt, years. Numbered +Level: 1+Numbering Style: 1,2,3, ...+Start at: 1+ 6. Construction and traffic control plans for arterial work and roadways with posted speed Alignment: Left+Aligned at: 0 pt+ limits of more than 30 M.P.H.shall be submitted as part of the permit application. Tab after: 18 pt+Indent at: 18 pt, 22.130.060 Right of way Use Tabs:a 4p� 8 pt,List tab+Not at 18 pt pt 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. P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 44 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 Deleted: 22.140 Street Vacations. - {Deleted:If 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+----(Formatted:Indent: Left: 30 pt, Development Director (hereinafter referred to as the "Director") or his or her designee Numbered +Level: 1+Numbering Style: 1,2,3, ...+Start at: 1+ and shall be signed by the owners of more than two-thirds of the property abutting the Alignment: Left+Aligned at: 18 pt portion of the street or alley sought to be vacated. +Tab after: 36 pt+Indent at: 36 pt,Tabs: Not at 36 pt+ 72 pt 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 thei-----(Formatted:Indent: Left: 66 pt, street or alley sought to be vacated; Hanging: 12 pt,Numbered +Level: 2+Numbering Style:a,b,c,...+ b_A vicinity map showing the general area of the proposed vacation; Start at: 1+Alignment: Left+ Aligned at: 54 pt+Tab after: 72 pt c_A copy of the record of survey, if available, for the subject street and alley +Indent at: 72 pt,Tabs: Not at 72 proposed for vacation and abutting properties and streets and alleys within 100 pt 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 P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 45 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 Deleted: 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 PlanningCommission Review and Recommendation. f Formatted:Indent:eHanging:L68.25 pt,Outline numbered+Level:3+ 1. The hearing on the petition or proposal shall be held before the Planning Commission Sart at:ng Style:nm nt02:Le, ...+ Start at:30+Alignment: Left+ upon the day fixed by resolution or at the time to which a hearing may be adjourned. In Aligned at: 18 pt+Tab after: 68.25 its consideration of the proposed vacation of the street or alley,the Planning Commission pt+Indent at: 68.25 pt 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+----(Formatted:Indent: Left: 66 pt, public; Hanging: 12 pt,Numbered +Level: 1+Numbering Style:a,b,c,...+ b. Whether the street or alley is no longer required for public use or public access; Start at: 1+Alignment: Left+ Aligned at: 90 pt+Tab after: 108 c. Whether the substitution of a new and different public way would be more useful to pt+Indent at: 108 pt,Tabs: Not at the public; 108 pt P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 46 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 _'Deleted: d. Whether conditions may so change in the future as to provide a greater use or need than presently exists; and I 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. t Formatted:Bullets and Numbering r 1_Following the hearing and receipt of the Planning Commission's recommendation the City+---- Formatted:Indent: Left: 30 pt, Council shall determine whether to vacate the street or alley. The determination shall Numbered +Level: 1+Numbering Style: 1,2,3, ...+Start at: 1+ consider, but not be limited to,the findings of the Planning Commission. Alignment: Left+Aligned at: 0 pt+ 2. If the CityCouncil determines togrant the vacation, the action shall be made byTab :after:8pt,1Listp +tab+Indent at:s18 pt,t Tabs: 48 +Not at 18 pt ordinance with such conditions or limitations as the City Council deems necessary and + 50.25 pt 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. 2 .140.050Vacation of Waterfront Streets. --{Formatted:Indent: Left: -18 pt ` Formatted:Bullets and Numbering 1. The city shall not vacate a street or alley if any portion of the street or alley abuts a body ofi---_ Formatted:Indent: Left: 30 pt, water unless: Hanging: 12 pt,Numbered +Level: a. The vacation is sought to enable the City to acquire the property for beach or 2+Numbering Style: 1,2,3,...+ Start at: 1+Alignment: Left+ water access purposes, or launching sites, park, public view, recreation, Aligned at: 54 pt+Tab after: 72 pt educational purposes, or other public uses; +Indent at: 72 pt,Tabs: Not at 72 `pt 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. I2. Before adopting an ordinance vacating a street or alley under subsection (1)(b) of this section,the City Council shall: P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 47 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 Deleted: 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 P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 48 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 __'Deleted: to be borne by the proponent. The City assumes no financial responsibility for any direct or indirect costs for the transfer of title. P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 49 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 Deleted: 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, F Formatted:Indent: Left: 30 pt, Hanging: 12 pt,Numbered +Level: 2. Reduce the impact from increased surface water flow, erosion and sedimentation 1+Numbering Style: 1,2,3,...+ caused by the development of property; Start at: 1+Alignment: Left+ Aligned at: 18 pt+Tab after: 36 pt 3. Promote site planning and land development practices that are consistent with the +Indent at: 36 pt,Tabs: Not at 36 topographical and hydrological conditions; and pt 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. P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 50 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 Deleted: 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 t Formatted:Indent: Left: 30 pt, pursuant to the State Environmental Policy Act; Hanging: 12 pt,Numbered +Level: 1+Numbering Style: 1,2,3,...+ 2. Construction of, or addition to, a building (except a single-family or duplex Start at: 1+Alignment: Left+ residence) or placement of impervious surfaces that exceed 5,000 square feet; Aligned at: 18 pt+Tab after: 36 pt and +Indent at: 36 pt,Tabs: 42 pt,List tab+Not at 36 pt 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. t--- Formatted:Bullets and Numbering 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. F---- Formatted:Bullets and Numbering 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. P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 51 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 _'Deleted: 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 Formatted:Indent: Left: 30 pt, recorded in the records of the Spokane County Auditor on the_day of , 200_, Hanging: 12 pt,Numbered +Level: at volume of Plats, Page , situated in the City of Spokane 1+Numbering Style: 1,2,3,...+ Valley, Spokane County, Washington. Start at: 1+Alignment: Left+ Aligned at: 36 pt+Tab after: 54 pt 2. In accordance with the final plat and the Conditions of Approval thereof, the above +Indent at: 54 pt,Tabs: Not at 54 described lot contains an easement for a drainage swale into which storm water flows from pt 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,F----(Formatted:Indent: Left: 30 pt, fertilizing and watering the grass in the swale to keep the grass healthy and the swale well- Hanging: 12 pt,Numbered +Level: kept in appearance. 1+Numbering Style: 1,2,3,...+ Start at: 1+Alignment: Left+ 2. Buyer understands that the drainage swale is irrigated by a sprinkler system which is Aligned at: 36 pt+Tab after: 54 pt connected to the house constructed on the Lot described above, and that Buyer will be +Indent at: 54 pt,Tabs: Not at 54 providing and paying for water to irrigate the drainage swale. In addition Buyer agrees to pt 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.t----(Formatted:Indent: Left: 30 pt, These swales shall be within City right-of-way or within a border easement granted to the Hanging: 12 pt,Numbered +Level: City, or; 1+Numbering Style: 1,2,3,...+ Start at: 1+Alignment: Left+ 2. Consolidated ponds or swales that are located on a separate tract or lot owned by a Aligned at: 18 pt+Tab after: 36 pt homeowners association or dedicated to the City. Consolidated ponds or swales are +Indent at: 36 pt,Tabs: 42 pt,List acceptable on private commercial developments. tab+Not at 36 pt+ 72 pt P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 52 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 Deleted: 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 {Formatted:Font: Not Bold 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+----(Formatted:Indent: Left: 66 pt, practices and are not inconsistent with the public interest in stormwater control and Hanging: 12 pt,Numbered +Level: environmental protection; and 1+Numbering Style:a,b,c,...+ Start at: 1+Alignment: Left+ b. The granting of the deviation will not be unduly detrimental or injurious to other Aligned at: 54 pt+Tab after: 72 pt properties in the vicinity and downstream. +Indent at: 72 pt 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: P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 53 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 Deleted: 1. All aspects of the drainage facility, including landscaping, irrigation, and establishment of"----"Formatted:Indent: Left: 30 pt, specified vegetation, shall be completed in accordance with the accepted plans on file with Hanging: 12 pt,Numbered +Level: the City.The proponent's engineer shall certify the improvements and request an oversight 1+Numbering Style: 1,2,3,...+ inspection from Public Works personnel. Start at: 1+Alignment: Left+ Aligned at: 18 pt+Tab after: 36 pt 2. An exception may be granted for single-family or two-family residential subdivisions where +Indent at: 36 pt,Tabs: 42 pt,List the completion of the swales is not practical until such time as the dwellings are tab+Not at 36 pt 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. Thei-----(Formatted:Indent: Left: 30 pt, property owner shall be responsible for repair, restoration, and perpetual maintenance of Hanging: 12 pt,Numbered +Level: the stormwater facility installed on private property and any portion of the swale situated in 1+Numbering Style: 1,2,3,...+ a public right-of-way adjacent to their respective properties. For purposes of this chapter, Start at: 1+Alignment: Left+ "repair and restoration" shall mean conformingthe stormwater facilityto theplans on file Aligned at:o i8 pt Tab after: 36 List pt +Indent at: 36 pt,Tabs: 42 pt,Li with the City. This responsibility to repair, restore and maintain shall be imposed without tab+Not at 36 pt 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: Formatted:Indent: Left: 30 pt, Hanging: 12 pt,Numbered +Level: 1. Groundwater from springs or other natural or artificial sources, foundation drains, 1+Numbering Style: 1,2,3,...+ sump pumps, and other means of discharging groundwater to the surface; Start at: 1+Alignment: Left+ Aligned at: 0 pt+Tab after: 18 pt 2. Surface water containing sediment; +Indent at: 18 pt,Tabs: Not at 18 pt P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 54 of of 55 ,Recommended Changes _--{Deleted: <sp>Public Hearing Draft COSV Uniform Development Code Title 22 _'Deleted: 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. - 22.10.140. Failure to Comply—Nuisance. Deleted:4 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, at----(Formatted:Indent: Left: 30 pt, public Stormwater Facility without written permission of the Director; or Hanging: 12 pt,Numbered +Level: 1+Numbering Style: 1,2,3,...+ 2. The discharge of stormwater to a public Stormwater Facility without permission of the Start at: 1+Alignment: Left+ Director; or Aligned at: 18 pt+Tab after: 36 pt +Indent at: 36 pt,Tabs: Not at 36 3. The failure to construct or maintain the Stormwater Facility as required in the permit or site pt 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. t---{Formatted:Bullets and Numbering Enforcement of this chapter shall be pursuant to SVMC 17.80. P:\Community Development\Planning Commission\2007 Meetings-Planning Commission\05-24-07 PC meeting\PC Recommended Draft Title 22 04-06-07.doc 031107 Page 55 of of 55 Page 5: [1] Deleted msukup 3/15/2007 12:18:00 PM 22.40. Dimensional Standards 22.40.010. General Provisions No principal or accessory structure shall be located within the Clearview triangle (SVMC 22.80). 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. No structure may be erected to a height in excess of that permitted by applicable Airport Hazard zoning regulations. 22.40.020 Residential Standards Residential development shall meet the minimum area and setback requirements, and maximum lot coverage and building height requirements shown in Table 22.40-1. 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. 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 22.40-1. In addition, the number of attached single family units shall not exceed six in a single block. All residential driveways and off-street parking areas shall be paved with asphalt or Portland cement. Front Yards. Front and side yards in residential zones adjacent to public or private streets shall be set back in accordance with Table 22.40-1. 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. Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streets. 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"). 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. Side & Rear Yards. No accessory building or structure may be erected within five (5) feet of any rear or side property line, or be located within any public or private easement. Table 22.40-1 Residential Zone Dimensional Standards(in feet) R-1 R-2 R-3 12F MF-22 PRD Lot Area/Dwelling Unit 25,000 7,500 6,000 3,600 2,000 Underlying zone Lot Width 80 80 65 50 20 30 Lot Depth 100 90 80 80 80 50 Front & Flanking Street Yard Setback(2) 35 15 15 15 15 15 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% 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. Required open space shall be accessible to all residential units and shall be suitable for active and passive recreational purposes, subject to the following: .Open space shall not include required yards, parking areas, required landscaped areas or required spacing between structures. The amount of open space may be reduced by up to 25%where at least two (2)of the following amenities are provided: Play or sports courts; Playgrounds with equipment; Trails or pedestrian walkways not required for access to residential units or parking areas; Swimming pools; Gazebos; or Clubhouses. 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%). In no event shall the amount of required open space be reduced by more than 50%. Facilities and equipment, where provided, shall meet all requirements for handicap access. 22.40.020. Non-Residential Standards General Requirements. Non-residential development shall meet the maximum and building height requirements shown in Table 22.40-2. Parking areas shall be paved and landscaped in accordance with SVMC 22.80. Table 22.40-2 Office Commercial Mixed Use Industrial GO 0 NC C RC CC CMU MUC I1 12 Maximum Building Height (in 45 80 35 35 80 80 50 60 40 65 feet) Commercial Zoning Districts (NC, C and RC) Side and rear yard setbacks of twenty (20) feet are required only adjacent to residential zoning districts. Front&flanking street yard setbacks shall be twenty(20)feet. New commercial development 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. Office (GO, and 0) Front&flanking street yard setbacks shall be twenty (20)feet, except as otherwise provided. New office development shall be provided with paved rear service alleys not less than sixteen (16)feet in width. New office development shall provide for shared access with adjacent properties. Mixed Use Districts(CC, CMU and MUC) Front & flanking street yard setbacks shall be _feet, except as otherwise provided. Projects with residential component shall provide _ square feet of open space per dwelling unit. The required open space shall conform to the requirements of 22.40.010(7)and is eligible for reduction for improvements on the same basis. Industrial Districts (11 and 12) Front&flanking street yard setbacks shall be twenty (20)feet. Side and rear yard setbacks of thirty-five (35) feet are required only adjacent to residential zoning districts. 6. Community Facilities Institutional uses identified as Community Facilities in the Spokane Valley Comprehensive Plan shall meet the requirements of the underlying zone or that of property directly adjacent, if different from the underlying zone. Page 29: [2] Deleted msukup 3/11/2007 11:17:00 AM a. Proposed landscaping including location, common, and botanical name of each species and size at time of installation. b. Location, common name and size of existing vegetation that is being retained. c. Location of all buildings and accessory structures. d. Location and height of any existing and proposed berms, walls, fences, retaining walls and similar architectural barriers. e. Location of critical areas and their buffers. f. Location of existing and proposed hardscape such as trellises, decks, patios, signs and similar landscape features. g. The location of clear view triangles. h. Location of all exterior project lighting, including streetlights. i. Location of proposed and existing water features. j. Location of existing and proposed stormwater drainage features, including but not limited to bio-filtration swales, detention ponds, drainage ways, ditches, drainage easements and drainage facility access easements. k. Cost estimate including the name and cost of each species to be planted. I. Location of all existing and proposed overhead and underground utilities, including electric and gas lines. m.North arrow, title block, name and phone number of contact person. n. Location of all streets and alleys. o. A scale bar. p. Planting details. q. Dimensions of the lot, tract or parcel. r. Trees to be retained for which credit is claimed. s. Vicinity map. Page 30: [3] Deleted msukup 3/11/2007 11:17:00 AM -11 Retaining Wall less than four feet in height 8" Min.Low Permeable Soil Cap Unit(optional) Wall Block Retained Soil) -111 1 r Finished Grade Unit Drainage Fill —11 (3J4"Crushed *` zI1 11-11=11 II=11 11=11=11 11 Rack or Stone) _ _ Approximate Limits •II 1 i'i 16 '11==11 = —T- of Excavation Ur reinforced Concrete or 4"Perforated PVC Drainage Tile Crushed Stone Leveling Pad Wrapped in Filter Fabric (If Required) (Foundation Soil Page Break `I f 1 f } PP, t l Page Break Figure22.80-12 Shrub PlantingPLANT 5O TI-IAT TOP OF ROOT g BALL IS EVEN WITH TME (� 0 FINISHED GRAPE (X( r�n y C6c° I'TREE CMAIN A5 NEEDED o 0 . — 04 _ 00 HARDWOOD STAKES FORM 5AUC R WITN Op I-3 STAKES 2'X 2' 3 CONTINUOUS RIM 1— 5?ffCIFII=D DRIVEN(MIN. IS')FIRMLY MULCH INTO SUB GRADE PRIOR ., E 1 I I- 0111111 ' w• lull . IIIIVIII!"f I N!—_h— `II� TO BACK FILLING —III 1 I I l —(I I— STAKE ABOVE FIRST BRANCHES SPECIFIED —111— 1 I I I I-^I I OR AS NECESSARY FOR FIRM MULCH SPEGIP1wa PLANTING I V 1=.1 SUPPORT unix. WATER 4 TAMP I I I l -1EI i-111- �_'�l Pliaill 1 1I TO Re�nov�AIR =� I I =1 I ' I _ —11 I—k f POCKETSr--111--111—=-111-1 I I—I I SPECIFIED PLANTING MIX —f-1 p— 1 I I_H-1 i I I I,i I -III l I=I vykrER.4 TAMP TO REMOVE AIR POCKETS —ii� I -il-I l I1 �I _„I �„ I x DALL DIA. 1, n Figure22.80-13 Deciduous Tree Planting ' 1 1 ` f Is.,,\ . , 7' '4111110k N. k PLAN p------ -UBBER HCSEITIiEE CHAIN AT BARK GUY'NIKES(3),M-IITE FLAG ON EACH TOINCREAE Figure22.80-13 Deciduous Tree Planting VISIBILITY.AVOID TIGHT GUY WIRES AS THEY Vr' PREVENT NATURAL SWAY, TURNBUCKLE(3l,GALVANIZED OR DP-FAINTED CORNER OF ROOT SYSTEM TO BE AT LINE OF ORIGINAL GRADE � MULCH BARK OR WOOD CHIPS 75MM 01 MIN ���i'' �f IRMLY FORMED SAUCER(USE TOPSOIL) �/Q . /f�%/ '"'_/!✓ °�1 a ANGLE OF REPOSE VARIES WITH STEEPNESS4 �III✓ ti +a 1 �\�‘$°' OF SLOPE AND SOIL TYPE j/4` s r•*' er g` �' ',"�4— WOOD STAKES C3)or EQUAL -r/.''w� 44.1,e..:.-Y-5.5:,!. '�`',►i'3 Zw -ORES AT TOP OF BALL SHALL BE CUT.REMOVE '*'/ 'it .`-?� %•srk d' TOP 113 OF BURLAP.NON-BIODEGRADABLE MATERIAL ♦„1,z,,,d,,,��` ��,j�,,f,v�jSHALL BE TOTALLY REMOVED. SI �Q` fl.//•4/•a/ /�i4.4.4.4.4..1,,,-.4„,•...„,r4-,1/4.... `REPARED SUBSOIL TO FORM PEDESTAL TP PREvENT SETTLING „,11III[ Figure22.80-14 Conifer Planting I I IIII€Inqu. iiiii110 II ,...111111iiiiiillill 111111llpu Illllk�lllCf T”BARK MULCH PROM MOLD ,.••�9IIIIIII�I�III1 Illi 1111111 1116I. SMULCH 4'TEM MAIN M ROM MAIN 1111111111' ROOT CROWN 2'-4°ABOVE I I PLANTING 501L GI ADE„1Illolllllllllliii �� pl 11111 1 111111 II�1��I IIId• FORK SAUCER wIT i ``kff`f{ 3"CONTINUOUS RIM II III`i4`f 1111111111111IInnia — FINISH GRADE �nnllllgllllllllllllllll��l�l I 1— hi 111 _II 11 —1 EXISTING 5UB GPVADE PLANTING 50UL 1, I X BALL DIA. 4g1/ . -�`w f _• IA A e TYPICAL GROUND COVER b+. 1. 1 •�••, �r I � / PLANTED AT NURSERY LEVEL 3� l-��'I"5, �� AVN 2'MULCH ��_ '� 7 FINISH GRADE II. -..0.1...........:„. ..........1e.e.V.i.rbelia.....ar F 1-AL. moi' 'F r��XA.:1d��1 MIN.E DEPT `9Pgy�Wa ''11- s �>« 4 3'-4'PLANTING SOIL MIXED rr. 50/5D WITH NATIVE SOIL DR 1- NATIVE SOIL AMENDED RGA 25 \\\\ %MIN OEWMMEND ORGANIC MULCH AMENDMENT SCARIFIED SUSDRADE Figure Page 31: [4] Deleted dgriffith 2/22/2007 12:28:00 PM Recommended Planting Species Mature Scientific name Common Name Height Shape and characteristics (ft) LARGE TREES Robina pseudoacacia'Frisia' Frisia Locust 40' Oval with upright arching branches Acer rubrum'October Glory' October Glory Maple 40' Broadly oval to round Pyrus calleryana'Redspire' Redspire Pear 35' Pyramidal,dense and symmetrical Pyrus calleryana'Trinity' Trinity Pear 30' Broadly oval to round Pyrus calleryana'Autumn Blaze' Autumn Blaze Pear 30' Rounded Acer pseudoplatanus Sycamore Maple 40' Upright spreading branches. Rounded crown Acer rubrum Red Maple 40' Broadly oval to round Pseudotsuga menziesii Douglas Fir 80'-150' Narrow leaves,dark blue-green conifer above STREET TREES Quencus coccinea Scarlet Oak 55'-65' Outward branching, rounded with age. Good fall color. Tilia condata`greenspire' Greenspire 60' Little leaf linden,symmetrical Gleditsia tricanthos inermis moraine Thornless Honey Locust 60' Allows filtered sunlight, long live adaptable tree. Carpinus betulus'Fastigiata' Pyramidal European 35, Dense compact, narrow when young, becoming Hornbeam oval. Columnar shape. Acer rubrum'Armstrong' Armstrong Maple 45' Narrow,columnar habit. Pyrus calleryana'Chanticleer' Chanticleer Pear 40' Upright, narrowly pyramidal SMALL TREES AND LARGE SHRUBS Cercidiphyllum japonicum Katsura Tree 20' Upright and pyramidal when young, often becoming round in age Prunus serrulata'Kwanzan' Kwanzan Cherry 20' Stiffly vase shaped Prunus serrulata'Mt. Fuji' Mt. Fuji Cherry 15' Spreading Prunus x cistena Cistena Plum 8' Rounded shrub Prunus'Frnkthress' Mt. St. Helens Plum 20' Upright spreading,rounded Prunus cerasifera'Thundercloud' Thundercloud Plum 20' upright spreading,dense, rounded Prunus x yedoensis Yoshino Cherry 30' Upright spreading branches,rounded crown Acer circinatum Vine Maple 10'-20" Multi-stemmed, upright spreading, fine textured branches Cercis canadensis Eastern Redbud 25' Multi-stem or low branching tree. Ascending then spreading branches,somewhat flat-topped Acer ginnala Amur Maple 15'-18' Multi-stem,good fall color Viburnum opulus European Cranberry Bush 8'-12' Spring flower,fall color,red berry MEDIUM TO LARGE SHRUBS Cornus alba'Bailhalo' Tatarian Dogwood 5'-10' Variegated leaf, red twig,winter interest Cornus sericea Redosier Dogwood 4'-8' Red twig,winter interest Cornus sericea"flaviramea" Yellowtwig Dogwood 8' Yellow twig,winter interest Holodiscus discolor Ocean spray 8' Native,white flower plumes in early summer Cotoneaster dammeri 'Coral Coral Beauty Cotoneaster 5' Grown on a standard Beauty' Forsythia x intermedia 'Arnold Forsythia 15' Nodding,rich yellow flowers Giant' MEDIUM TO LARGE SHRUBS Serviceberry g_20 Woolly new leaves, spring flowers in upright sprays, native Physocarpus Golden Ninebark 6'-8' Leaves usually 3-lobed,light green Salix purpurea Purpleosier Willow 5'-10' Purple twig,silvery underleaf Viburnum dentatum Arrowwood Viburnum 4'-6' Good fall color Viburnum edule Squashberry/Highbush 4'-8' Native,white flower, red fall color Recommended Planting Species Mature Scientific name Common Name Height Shape and characteristics (ft) Viburnum lantana'Mohican' Hobblebush 8 Dark green foliage, white flower, red to black berry Viburnum trilobum American Cranberry Bush 8'-12' White spring flower, red fall color, red berry Spirea thunbergii Thungberg Spirea 5' Thin hairy stem,toothed margins Eunonymus alatus"compactus" Compact Burning Bush 3'-6' Strong horizontal structure,autumn color SMALL SHRUBS Berberis thunbergii atropurpruea Crimson pigmy barberry 2'-3' Rounded„ purple leaves. 'crimson pygmy' Potentilla fruticosa Shrubby cinquefoil 2'-3' Many natives and cultivars with different colored flowers Spirea x bumalda'Anthony Water' Anthony Water Spirea 2'-4' Broad rounded Spirea x bumalda'Gold Flame' Gold Flame Spirea 2'-4' Mounded GRASSES,SEDGES,AND RUSHES Andropogan gerardii Big bluestem 6' Gray-blue leaf, very deep roots, attractive flowers Festuca glauca Blue Fescue 1' Densely tufted evergreen grass Imperata Japanese Blood Grass 2' Leaves tinted wine red Miscanthus sinensis Tall Varigated Grass 15' Tall clump forming grass Phalaris arundinacea Ribbon Grass 4'-5' Soft arching leaves Calamagrostis x acutiflora Feather Reed Grass 5'-7' Clump forming grass GROUNDCOVERS Alchemilla mollis Lady's Mantle 2' chartreuse flower,deer resistant Galium odoratum Sweet Woodruff 1' Fragrant leaf,small white flower Maianthemum dilatatum False lily of the valley 1' Native,white flower, red berry Myosotis scorpioides True forget-me-not 1' Small blue or white flower Pachysandra terminalis Japanese Spurge 1' Shiny leaf Potentilla plattensis Platte River cinquefoil 1' Native groundcover,yellow flower Ajuga Bugle 4"-8" Low spreading Arctostaphylos uva-ursi Kinnikinick 4" White flowers flushed pink Vinca minor Periwinkle 8Tight mat-forming evergreen with dark green leaves PERENNIALS Aster novae-angliae New England aster 2'-5' Many varieties available, late summer bloom Aster novi-belgii Michaelmas daisy 2'-4' Many varieties available, late summer bloom Dodecatheon pulchellum Darkthroat Shootingstar 2' native,pink flower in spring Echinacea purpurea Coneflower 3' Long blooming period in late summer/fall Eupatorium purpureum Joe Pye weed 7' Striking size and form, purplish flower attracts butterflies Hemerocallis species Daylily 2' Long bloom in spring and summer PERENNIALS Iliamna rivularis Streambank wild hollyhock 6' Native,fragrant pink flowers Chrysanthemum Shasta Daisy 1'-5' Variety of colors XERISCAPE TREES Abies concolor White fir Abies lasiocarpa Subalpine fir Acer glabrum Rocky Mountain maple Recommended Planting Species Mature Scientific name Common Name Height Shape and characteristics (ft) Acer grandidentatum Canyon maple Acer tataricum Tatarian maple Amelanchier x orandiflora Apple serviceberry Betula occidentalis Water birch Calocedrus decurrens California incense cedar Celtis reticulata Netleaf hackberry Cladrastis kentukea Yellowwood Cotinus coggygria Smoke tree Crataegus spp. Hawthorn X Cupressocyparis leylandii Leyland cypress Fraxinus pennsylvanica Green ash Ginkgo biloba Ginkgo Gleditsia triacanthos Thornless honeylocust Gymnocladus dioica Kentucky coffee tree Juniperus scopulorum Rocky Mountain juniper Koelreuteria paniculata Goldenrain tree Maackia amurensis Amur maackia Ostrya virginiana Ironwood Phellodendron sp. Cork tree Picea pungens Colorado spruce Pinus aristata Bristlecone pine Pinus cembra Swiss stone pine Pinus flexilis Limber pine Pinus leucodermis Bosnian pine Pinus nigra Austrian pine Pinus ponderosa Western yellow pine Ptelea trifoliata Hoptree Rhus typhina Staghorn sumac Sorbus aucuparia European mountain ash Styphnolobium japonicum (Sophora Japanese pagoda tree japonica) Tilia tomentosa Silver linden Ulmus parvifolia Lacebark elm XERISCAPE SHRUBS Recommended Planting Species Mature Scientific name Common Name Height Shape and characteristics (ft) Amelanchier alnifolia Western serviceberry Artemisia spp. Sagebrush/Wormwood Berberis koreana Korean barberry Berberis thunbergii Japanese barberry Caragana arborescens Siberian peashrub Caryopteris x clandonensis Blue spirea Ceanothus velutinus Snowbrush ceanothus Cercocarpus montanus True mountain mahogany Chaenomeles spp. Flowerinq quince Chamaebatiaria millefolium Fernbush Cotoneaster apiculatus Cranberry cotoneaster Cotoneaster lucidus Hedqe cotoneaster Daphne x burkwoodii Burkwood daphne Ericameria (Chrysothamnus) Rabbitbrush nauseosus Euonymus alatus Burning bush Holodiscus discolor Ocean spray Juniperus spp. Juniper Kerria japonica Japanese kerria Kolkwitzia amabilis Beauty bush Lonicera xylosteum Fly honeysuckle Ligustrum vulgare Common privet Mahonia aquifolium Oreqon qrapeholly Paxistima myritifolia Oregon boxwood Philadelphus lewisii Wild mockorange Photinia(Aronia)arbutifolia Red chokeberry Physocarpus capitatus Western ninebark Physocarpus malvaceus Mallow ninebark Picea abies'Nidiformis' Bird's nest spruce Potentilla fruticosa Bush cinquefoil Ribes aureum Golden currant Ribes sanquineum Winter currant Rosa nutkana Nootka rose Rosa rubrifolia Redleaf rose Recommended Planting Species Mature Scientific name Common Name Height Shape and characteristics (ft) Rosa rugosa Rugosa rose Salix exigua Coyote willow Spiraea betulifolia Birchleaf spirea Spiraea x vanhouttei Vanhoutte spirea Symphoricarpos spp. Snowberry Syringa spp. Lilac Taxus spp. Yew Viburnum x burkwoodii Burkwood viburnum Viburnum x carlcephalum Fragrant viburnum Viburnum lantana Wayfaring tree Yucca spp. Yucca XERISCAPE VINES Campsis radicans Trumpet vine Clematis columbiana Rock clematis Clematis tangutica Golden clematis Euonymus fortunei Wintercreeper euonymus Lonicera ciliosa Orange honeysuckle Parthenocissus quinquefolia Virginia creeper Parthenocissus tricuspidata Boston ivy Vitus vinifera Grape vine Wisteria spp. Wisteria XERISCAPE GROUNDCOVER Achillea tomentosa Wooly yarrow Antennaria spp. Pussytoes Arctostaphylos uva-ursi Kinnikinnick Asarum caudatum Wild ginger Cerastium tomentosum Snow-in-summer Cotoneaster horizontalis Rockspray cotoneaster Dryas octopetala Mountain avens Epimedium spp. Bishop's hat Eriogonum umbellatum Buckwheat Fragaria chiloensis Beach strawberry Gypsophila repens Creeping baby's breath Recommended Planting Species Mature Scientific name Common Name Height Shape and characteristics (ft) Hypericum calycinum St.John's wort Juniperus horizontalis Creeping juniper Mahonia repens Creeping mahonia Microbiota decussata Russian arborvitae Potentilla tridentata Wineleaf cinquefoil Rhus trilobata Three leaf sumac Sedum spp. Stonecrop Stachys byzantina Lamb's ears Symphytum grandiflorum Yellow comfrey Thymus spp. Thyme Veronica liwanensis Turkish speedwell Veronica pectinata Wooly veronica XERISCAPE PERENNIALS Achillea spp. Yarrow Alchemilla mollis Lady's mantle Aquilegia spp. Columbine Armeria maritima Sea pink Aster divaricatus White wood aster Aurinia saxatilis Basket-of-gold Bergenia spp. Bergenia Campanula spp. Bellflower Centranthus ruber Jupiter's beard Coreopsis verticillata Threadleaf coreopsis Corydalis lutea Yellow corydalis Dianthus spp. Pink Echinacea purpurea Purple coneflower Eremurus stenophyllus Foxtail lily Euphorbia amygdaloides'Rubra' Red wood spurge Euphorbia griffithii'Fireglow' Spurge Gaillardia spp. Blanketflower Geranium spp. Hardy geranium Geum triflorum Prairie smoke Helianthemum nummularium Sunrose Recommended Planting Species Mature Scientific name Common Name Height Shape and characteristics (ft) Helleborus orientalis Lenten rose Hemerocallis spp. Daylily Heuchera spp. Coralbells Hosta spp. Plantain lily Iberis sempervirens Evergreen candytuft Iris spp. Iris Knautia macedonica Crimson pincushion flower Lavandula angustifolia Lavender Liatris spp. Gayfeather Limonium latifolium Sea lavender Linum perenne Blue flax Paeonia spp. Peony Papaver orientale Oriental poppy Penstemon spp. Beardtongue Perovskia atriplicifolia Russian sage Pulsatilla vulgaris Pasque flower Rudbeckia spp. Gloriosa daisy Salvia spp. Sage Santolina chamaecyparissus Lavender cotton Sedum spp. Sedum Sempervivum spp. Hen and chicks Teucrium chamaedrys Germander XERISCAPE PERENNIAL GRASSES Buchloe dactyloides Buffalograss Calamagrostis x acutiflora 'Karl Feather reed grass Foerster' Festuca ovina var.glauca Blue fescue Helictotrichon sempervirens Blue oat grass Luzula sylvatica Greater woodrush Miscanthus sinensis'Morning Light' Maiden grass Panicum virgatum Switch grass Seslaria spp. Moor grass Public Hearing Draft—Definitions Uniform Development Code APPENDIX A DEFINITIONS 1. For the purpose of this Code certain words and terms are herein defined. The word "shall"is always mandatory. The word"may"is permissive, subject to the judgment of the person administering the Code. 2. Words not defined herein shall be construed as defined in Webster's New Collegiate Dictionary. 3. The present tense includes the future, and the future the present. 4. The singular number includes the plural and the plural the singular. 5. Use of male designations shall also include female. Definitions AASHTO:American Association of State Highway and Transportation Officials. Abandoned: Knowing relinquishment by the owner, of right or claim to the subject property or structure on that property,without any intention of transferring rights to the property or structure to another owner, tenant, or lessee, or of resuming the owner's use of the property. "Abandoned" shall include but not be limited to circumstances involving tax forfeiture,bankruptcy,or mortgage foreclosure. Accessory: A building, area, part of a building, structure or use which is subordinate to, and the use of which is incidental to,that of the main building,structure or use on the same lot. ADA:Americans with Disabilities Act. Adequate Public Facilities: Facilities which have the capacity to serve development without decreasing levels of service below locally established minima. Administrative Exception:A minor deviation from standards pursuant to SVMC 19.140. Adult Entertainment: includes the following: � ®®®� • Adult arcade device:sometimes also known as"panoram,""preview,""picture arcade," • Adult arcade: or "peep show," Any device which, for payment of a fee, membership fee, or other charge, is used to exhibit or display a graphic picture, view, film, videotape, or digital display of specified sexual activity, or live adult entertainment in a booth setting. All such devices are denominated under this chapter by the term "adult arcade device."The term "adult arcade device" as used in this chapter does not include other games which employ pictures, views, or video displays, or gambling devices which do not exhibit or display adult entertainment. • Adult arcade establishment: A commercial premises to which a member of the public is invited or admitted and where adult arcade stations, booths, or devices are used to exhibit or display a graphic picture, view, film, videotape, or digital display of specified sexual activity, or live adult entertainment in a booth setting to a member of the public on a regular basis or as a substantial part of the premises activity. • Adult arcade station or "booth: An enclosure where a patron, member, or customer would ordinarily be positioned while using an adult arcade device or viewing a live adult entertainment performance, exhibition, or dance in a booth.Adult arcade station or booth refers to the area in which an adult arcade device is located and from which the graphic picture, view, film, videotape, digital display of specified sexual activity, or live adult entertainment is to be viewed. These terms do not mean such an enclosure that is a private office used by an owner, manager, or person employed on the premises for attending the tasks of his or her employment, if the enclosure is not held out to any member of the public for use,for hire,or for a fee for the purpose of viewing the entertainment provided by the arcade device or live adult entertainment,and not open to any person other than employees. • Adult entertainment establishment: collectively refers to adult arcade establishments and live adult entertainment establishments licensed pursuant to SVMC,.10 Deleted: P:\Community Development\Planning Commission\2007 Meetings- Planning Commission\05-24-07 PC meeting\PC Draft-Definitions 051007.doc Page 1 of 30 Public Hearing Draft—Definitions Uniform Development Code • Applicant:An individual or entity seeking an adult entertainment establishment license. • Applicant control person:All partners, corporate officers and directors and other individuals in the applicant's business organization who hold a significant interest in the adult entertainment business,based on responsibility for management of the adult entertainment establishment. • Employee: Any person, including a manager, entertainer or an independent contractor, who works in or at or renders services directly related to the operation of an adult entertainment establishment. • Entertainer: Any person who provides live adult entertainment within an adult entertainment establishment as defined in this section, whether or not a fee is charged or accepted for entertainment. • Licensing administrator: The director of the Community Development Department of City of Spokane Valley and his/her designee and is the person designated to administer this Code. • Liquor:All beverages defined in RCW Section 66.04.200. • Live adult entertainment: 1. An exhibition, performance or dance conducted in a commercial premise fora member of the public where the exhibition, performance, or dance involves a person who is nude or seminude.Adult entertainment shall include, but is not limited to performances commonly known as"strip tease"; 2. An exhibition, performance or dance conducted in a commercial premises where the exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the depiction,description,simulation or relation to the following "specified sexual activities": a. Human genitals in a state of sexual stimulation or arousal, b. Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality, c. Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts;or 3. An exhibition, performance or dance that is intended to sexually stimulate a member of the public. This includes, but is not limited to, such an exhibition, performance, or dance performed for, arranged with, or engaged in with fewer than all members of the public on the premises at that time,whether conducted or viewed in an arcade booth or otherwise, with separate consideration paid, either directly or indirectly, for the performance, exhibition or dance and that is commonly referred to as table dancing, couch dancing,taxi dancing, lap dancing, private dancing,or straddle dancing. '':.-- Live adult entertainment establishment: A commercial premises to which a member of the public is invited or admitted and where an entertainer provides live adult entertainment, in a setting which does not include arcade booths or devices,to a member of the public on a regular basis or as a substantial part of the premises activity. • Manager: Any person who manages, directs, administers or is in charge of the affairs or conduct,or the affairs and conduct,or of a portion of the affairs or conduct occurring at an adult entertainment establishment. • Member of the public: A customer, patron, club member, or person, other than an employee, who is invited or admitted to an adult entertainment establishment. • Nude or seminude: A state of complete or partial undress in such costume, attire or clothing so as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva, or genitals, or human male genitals in a discernibly turgid state,even if completely and opaquely covered. • "Open to the public room so that the area inside is fully and completely visible to the manager": Premises where there is no door, curtain, partition, or other device extending from the top of the door frame of an arcade booth or station, with the exception of a door which is P:\Community Development\Planning Commission\2007 Meetings- Planning Commission\05-24-07 PC meeting\PC Draft-Definitions 051007.doc Page 2 of 30 Public Hearing Draft—Definitions Uniform Development Code completely transparent and constructed of safety glass as specified in the International Building Code, so that the activity and occupant inside the enclosure are fully and completely visible by direct line of sight to the manager located at the manager's station which shall be located at the main entrance way to the public room. • Operator: Any person operating, conducting or maintaining an adult entertainment establishment. • Person: Any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons however organized. • Premises: means the land,structures, places, the equipment and appurtenances connected or used in any business, and any personal property or fixtures used in connection with any adult entertainment establishment. • Sexual conduct:acts of: 1. Sexual intercourse within its ordinary meaning, occurring upon any penetration, however slight;or 2. A penetration of the vagina or anus,however slight, by an object;or 3. A contact between persons involving the sex organs of one person and the mouth or anus of another;or 4. Masturbation, manual or instrumental,of oneself or of one person by another;or 5. Touching of the sex organs, anus, or female breast, whether clothed or unclothed, of oneself or of one person by another. • Specified sexual activities" refers to the following: 1. Human genitals in a state of sexual stimulation or arousal; 2. Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality; or 3. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts ' • Transfer of ownership or control: of an adult entertainment establishment means any of the following: 1. The sale,lease or sublease of the business; 2. The transfer of securities that constitute a controlling interest in the business, whether by sale,exchange,or similar means; 4 3. The establishment of a trust, gift, or other similar legal device that transfers the ownership or control of the business;or 4. Transfer by bequest or other operation of law upon the death of the person possessing the ownership or control. Adult entertainment establishment: collectively refers to adult arcade establishments and live adult entertainment establishments,as defined herein. Adult Retail Use Establishment: A retail use establishment which, for money or any other form of consideration, devotes a significant or substantial portion of stock in trade, to the sale, exchange, rental, loan,trade,transfer,or viewing of adult oriented merchandise. Agricultural: Relating to the science or art of cultivating soil or producing crops to be used or consumed directly or indirectly by man or livestock,or raising of livestock. Agricultural Processing: The series of operations taken to change agricultural products into food and consumer products. Uses include creameries. Aircraft Manufacture — the manufacture or assembly of complete aircraft, aircraft prototypes, aircraft conversion,overhaul and rebuilding. Airport: An area of land or water that is used or intended to be used for the landing and takeoff of aircraft,and includes its buildings and facilities,if any. P:\Community Development\Planning Commission\2007 Meetings- Planning Commission\05-24-07 PC meeting\PC Draft-Definitions 051007.doc Page 3 of 30 Public Hearing Draft—Definitions Uniform Development Code Airport Hazard: Any structure or object of natural growth located in the vicinity of the airport which obstructs the airspace required for the flight of aircraft or airport operations. Airport Obstruction: Any structure or object of natural growth or use of land which would exceed the federal obstruction standards established in 14 CFR sections 77.21, 77.23, 77.25 and 77.28, or which obstructs the airspace required for flight of aircraft in landing or take-off, or is otherwise hazardous to airport operations. Airport Land Use Compatibility Zone: Aircraft accident zones established by WSDOT, Division of Aviation and adopted by ordinance wherein certain land uses are restricted in order to protect the airport from encroachment from incompatible land uses. Airstrip, Private: An aircraft landing strip under private ownership which may provide specialty flying services without regular routes using general purpose aircraft. Alley: A public right-of-way which provides access only to the rear and/or side of properties abutting and having access to a public road. Altered/Alteration: Any change, addition or modification in construction or any change of occupancy from one use to another or from one division of a trade to another. Amendment: A change in the wording, context, or substance of this Code, or a change in the zone boundaries. Ambulance Service: A facility used for the housing and dispatch of emergency medical personnel and paramedics using ground transportation. Animal Clinic/Veterinary: A facility dedicated to the care of animals, which may include grooming services and short term boarding. Animal, Large: Domesticated animals, including, but not limited to, horses, donkeys, burros, llamas, bovines, goats, sheep, and other animals or livestock of similar size and type. Young of horses, mules, donkeys, burros, llamas, and alpaca, under one (1)year in age, bovines, under ten (10) months in age, and sheep, and goats under three (3) months in age shall not be included when computing intensity of large animals. Animal, Small: Domesticated animals or fowl other than a household pet, or large anima including, but not limited to, chickens, guinea hens, geese, ducks, turkeys, pigeons, emus, ostriches (struthious), kangaroos, rabbits, mink, chinchilla, and other animals or fowl of similar size and type. Young small animals or fowl under three (3) months of age shall not be included when computing intensity of small animals or fowl. Young or miniature large animals are not included in this definition and are considered large animals Animal Processing: Includes stockyards, meat packing and the rendering of meat by-products, including the manufacture of tallow,gelatin and glue. Animal Raising or Keeping: The keeping of large and small domesticated animals other than household pets. Animal,Wildlife Rehabilitation or Scientific Research Facility: A building, structure, pen or portion(s) thereof or an area of land where animals are housed, kept or maintained for the purpose of wildlife rehabilitation; or for the purpose of investigation, aimed at the discovery and interpretation of facts or the collecting of information about a particular subject. Apparel/Tailor Shop: a service providing for the alteration and repair of clothing. Antique Store: A retail establishment offering for sale glass, china, objects d'art, furniture or similar furnishings and decorations which have value and significance as a result of age and design. Appliance Manufacture:The manufacture,assembly and storage of household appliances. Appliance Sales/Service: The sale, servicing and repair of home appliances, including radios, Deleted:That array of geologic televisions,washers,refrigerators and ranges. formations supplying potable water to A uifer: e unergrounofrockandsandthatcontains water. SpokaneValleyar and the Spokane q .Thdd layer metropolitan area. P:\Community Development\Planning Commission\2007 Meetings- Planning Commission\05-24-07 PC meeting\PC Draft-Definitions 051007.doc Page 4 of 30 Public Hearing Draft—Definitions Uniform Development Code Art Gallery/Studio: Includes the work areas of graphic artist, painters, sculptors, weavers, quilters and other artists with display and sales areas. Arterial/Road Map:The official maps adopted as part of the Comprehensive Plan. As-graded:the extent of surface conditions on completion of grading. Asphalt Plant/Manufacturing: The manufacture of carbon-based paving and saturated materials compounds. Assembly, Light: The assemblage of metals and/or materials into products, including electronic assembly. Assembly,Heavy:The assemblage of materials and/or metals for commercial and industrial uses. Assisted Living Facility: A residential facility that provides routine protective oversight or assistance for independent living to mentally and physically limited persons in a residential setting. Services include, but are not limited to transportation, food service, pharmacy and limited nursing services.An Assisted Living Center may be included as a part of a nursing home or convalescent center complex. Attached: Structurally dependent sharing a common or party wall for not less than fifty percent of the length of the principal structure(s). A breezeway is not a common wall. Auction Yard: An open area or an area entirely enclosed within a building where sale items are stored onsec or displayed and where persons are permitted to attend sales and offer bids on such items. - cd:for not more than seven(7) consecutive days within any given Auction Yard, Livestock: Facilities designed for the sale of livestock at auction, including barns, holding thirty(30)-day period pens,and loading facilities. Automobile Assembly Plant:A manufacturing facility for new cars and trucks. Automobile Impound Yard: A secure area used for the temporary impoundment of motor vehicles by law enforcement. Automobile/Taxi Rental: Facilities, including parking, for vehicles available for rent or lease. Facilities for fueling,servicing and minor repair may be accessory to the rental use.. Automobile/Truck Sales and Service:An area located on private property used for the display and sale of more than two (2)new or used passenger automobiles or light trucks, including sports utility vehicles, or any truck with a gross vehicle weight(GVVV)of less than one ton, including service. Automobile/Truck/RV/Motorcycle Painting, Repair, Body and Fender Works: A facility providing for the repair and painting of a wide variety of motor vehicles, not including engine overhaul. Automotive parts, accessories and tires: A retail establishment engaged in the sale of new or refurbished automotive parts and accessories, including installation of tires, automotive accessories and the minor repair of passenger cars and light trucks. .Available Public Facilities: Facilities or services are in place or that a financial commitment is in place to provide the facilities or services within a specified time. In the case of transportation, the specified time is six years from the time of development. Awning:A roof-like cover that projects from the wall of a building for the purpose of identity,decoration or shielding a doorway or window from the elements. Bakery Products Manufacturing: A facility preparing baked goods for regional distribution with accessory retail sales. Bakery, Retail: A retail business offering baked goods, including pies, doughnuts, cakes and breads for sale to the public. Bankfull depth: the average vertical distance between the channel bed and the estimated water surface elevation required to completely fill the channel to a point above which water would enter the floodplain or intersect a terrace or hill slope. In cases where multiple channels exist, the bankfull depth is the average depth of all channels along the cross-section. P:\Community Development\Planning Commission\2007 Meetings- Planning Commission\05-24-07 PC meeting\PC Draft-Definitions 051007.doc Page 5 of 30 Public Hearing Draft—Definitions Uniform Development Code Bankfull width:: 1. For streams - the measurement of the lateral extent of the water surface elevation perpendicular to the channel at bankfull depth. In cases where multiple channels exist, bankfull width is the sum of the individual channel widths along the cross-section. 2. For lakes,ponds,and impoundments-line of mean high water ,For periodically inundated areas of associated wetlands—the line of periodic inundation,which _- Deleted:<#>For tidal water-line of will be found by examining the edge of inundation to ascertain where the presence and action mean high tide.% of waters are so common and usual, and so long continued in all ordinary years, as to mark '(Formatted:Bullets and Numbering upon the soil a character distinct from that of the abutting upland. Banks, Saving & Loan and Other Financial Institutions: Offices and service facilities for banks, savings&loans, credit unions or other financial institutions, including drive-through windows. Barber/Beauty Shop:A facility offering including haircuts, manicures and similar personal services. Battery Rebuilding/Manufacture: A facility that specializes in retail, wholesale, OEM/Manufacturing, custom battery rebuilding,and battery assembly for consumer and industrial use. Basement: The portion of a building at least four feet (4'-0") below grade for more than 50% of the perimeter but not more than eight feet(8'-0")below grade at any point of the structure. Bed and Breakfast: A single-family dwelling which provides accommodations for one or more paying guests on a reservation basis. Bedrock: in-place solid rock. Beehive: A structure designed to contain one colony of honey bees (apis mellifera) and registered with the Washington State Department of Agriculture per RCW Chapter 15.60 or as hereafter amended. Beekeeping,Commercial:An activity where more than twenty-five(25)beehives are kept on a lot. Beekeeping, Hobby: The keeping of twenty-five(25)or fewer beehives on a lot. Bench: as referred to in grading, a relatively level step excavated into earth material on which fill is to be placed. Berm: A narrow ledge or shelf of land generally consisting of earth material that may be natural or artificial. Bicycle: A vehicle having two tandem wheels propelled solely by human power, upon which any persons or person may ride. Bicycle Lane: That portion of a paved roadway striped for use by bicycles. Bicycle Path: A bikeway physically separated from motorized vehicular traffic by an open space or barrier and either within the highway right of way or within an independent right of way. Bicycle Route: A segment of a system of bikeways designated with appropriate directional and informational markers with or without specific bicycle route number. Bicycle Sales and Service: A retail establishment offering for sale to the public non-motorized vehicles, including bicycles,skate-boards, roller blades, unicycles or similar equipment,and providing repairs. Bikeway:Any road, path,or way,which in some manner is specifically designated and which may legally be used by bicycles regardless of whether such facilities are designated for the exclusive use of bicycles or are to be shared with other transportation modes. Binding Site Plan: A division of land approved administratively by the Department of Community Development, which legally obligates a person making a proposal to conditions, standards or requirements specified by this Code . Block: A parcel of land surrounded by public streets, highways, railroad rights-of-way, public walks, parks,or green strips, rural land,drainage channels,or a combination thereof. . P:\Community Development\Planning Commission\2007 Meetings- Planning Commission\05-24-07 PC meeting\PC Draft-Definitions 051007.doc Page 6 of 30 Public Hearing Draft—Definitions Uniform Development Code Boat Building:The construction, refurbishing and repair of recreational boats. Book/Stationary Store: A retail establishment offering books, magazines, greeting cards, and similar items to the public. Border Easement: A dedicated easement on private property adjacent to public street right(s)-of-way established for the purposes of utility,drainage facilities, pedestrian access or other public purpose. Borrow: as referred to in grading, earth material acquired from either an on-or off-site location for use in grading on a site. Bottling Plant: An industrial facility which provides for the packaging and distribution of liquid products, including the mixing of liquid components. Boundary Line Adjustment:A land use action adjusting lot lines. Boundary Line Elimination:A land use action aggregating two or more lots or parcels of land. Bowling Alley: Indoor entertainment, including rental and sale of bowling equipment, as well as restaurant services. Brewery, Micro: An establishment brewing specialized beers for localized distribution, as well as local restaurant services. Brewery, Winery or Distillery: A facility engaged in the production of beer, wine or spirits for regional distribution,including fermentation,distillation and bottling. Ilk VBroom Manufacturing: The manufacture of brooms, brushes and mops. I I Building Height: The vertical distance from the average I I finished grade to the average height of the highest roof surface. 3tF. i 3L Building Official: the authority charged with the administration i r and enforcement of the adopted building codes pursuant to r SVMC 18.40.010. ` --- ExWing Grade Building Setback Line: A line established as the minimum *-1,_ _ _ _l distance a structure may be located from any property line or i FQIrrt of border easement. rvtaara°1ent Eleatlora Building Supply & Home Improvement: An establishment selling hardware, lumber, sheetrock, plumbing supplies, flooring, lighting fixtures, landscaping supplies, nursery stock,and appliances at retail and wholesale. Bulkheads: Retaining wall structures erected to stabilize land at the water's edge and prevent erosion. Revetments means the same as bulkheads. Butcher Shop/Meat Market: The retail sales of specialty meat and fish products, not otherwise classified as a grocery store. Caliper: The diameter of a deciduous tree measured at four and one half feet above grade. Camping Units: A structure, shelter or vehicle designed and intended for temporary occupancy by persons engaged in camping or use of a camping unit for recreation. Camping units include but are not limited to recreational vehicles, recreational park trailers and campers, camping cabins, tents, tepees, yurts and other similar shelters. Candy and Confectionery: The preparation and specialty retail sale of candy and confectionery, not otherwise classified as a grocery store. Carnival or Circus: Temporary entertainment facilities providing rides, exhibits, games, musical productions,food and drink,and items for sale as part of a private commercial venture. Carpenter Shop: An establishment producing finished wooden products from raw materials. P:\Community Development\Planning Commission\2007 Meetings- Planning Commission\05-24-07 PC meeting\PC Draft-Definitions 051007.doc Page 7 of 30 Public Hearing Draft—Definitions Uniform Development Code Carpet and Rug Cleaning Plants: A plant engaged in the cleaning and repair of carpets and textiles utilizing solvents and volatile organic compounds. Does not include cleaning services provided on client premises. Carpet Cleaning Services: An establishment providing cleaning services on the premises of customers, including restoration of flood and fire damage. Car Wash: Facilities for the washing of passenger cars and light trucks, as either a principal use or accessory to fueling stations, convenience stores or similar permitted uses. Car Wash, Automated: A car wash using robotic tracks or systems to wash the exterior of passenger cars and light trucks. Casino:A gaming establishment licensed pursuant to RCW 9.46,including restaurant services. Catalogue&Mail-Order Houses: Merchandise warehouse and distribution center,including showroom. Category:A land use classification established pursuant to the Spokane Valley Comprehensive Plan. Catering Services: Food preparation intended for delivery to location(s) different from that where the preparation takes place. Cemetery: Land or facilities used or planned for use for the preparation for the disposition of human or animal remains including columbaria, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery. Ceramics Shop:A retail store which provides the supplies and equipment for molding,firing,glazing and enameling ceramic goods. Chemical Manufacture - Establishments primarily engaged in manufacturing chemicals using basic•---"Formatted:Space Before: 0 pt, processes, such as thermal cracking and distillation. Chemicals manufactured in this industry group are After: 6 pt usually separate chemical elements or separate chemically-defined compounds, not including aluminum oxide manufacturing, primary metal manufacturing, ceramics, and beverage distilleries which are defined separately. Certificate of Occupancy: An official certificate issued by the Building Official that indicates conformance with building requirements and zoning regulations and authorizes legal use of the premises for which it is issued. ,Certificate of Title: A letter, report, opinion, statement, policy, or certificate prepared and executed by a __-{Deleted: title describing all encumbrances of record which affect the property, together with all recorded deeds, including any part of the property included in the plat. Church, Temple, Mosque,Synagogue, House of Worship: An establishment, the principal purpose of which is religious worship and for which the main building or other structure contains the sanctuary or principal place of worship, and including accessory uses in the main building or in separate buildings or structures, including Sunday school rooms and religious education classrooms, assembly rooms, a common kitchen,a library room or reading room, columbaria, recreation hall and on site living quarters for members of religious orders and caretakers. City: The City of Spokane Valley,Washington. City Council:The governing body of the City. Clothes, Retail Sales: A retail store offering clothing, footwear and accessories for sale to the general public. Club: An association of persons for some common purpose, but not including groups organized primarily to render a service which is customarily carried on as a business. Clustered Housing: Residential lots or building sites which reduce minimum yard requirements within a tract but provide compensating open space. Code: Spokane Valley Uniform Development Code. P:\Community Development\Planning Commission\2007 Meetings- Planning Commission\05-24-07 PC meeting\PC Draft-Definitions 051007.doc Page 8 of 30 Public Hearing Draft—Definitions Uniform Development Code Cold Storage/Food Locker: A commercial building designed to prevent spoilage of food and to store food for retail food stores or persons buying in large quantities. College or University: A public or private institution offering instruction in liberal arts, or a professional, vocational,or technical field beyond the 12th grade. Co-location: Locating wireless communication equipment from more than one provider on one structure on one site. Commercial Zones: Those zones permitting commercial uses including the Business Zones, office zones, corridor mixed use, mixed use center,and City Center. Commission:The Spokane Valley Planning Commission. Communication Service/Sales: Establishments providing for the sale and service of communications equipment,including but not limited to telephones,satellite dishes, radio equipment. Communication Equipment Manufacture: The manufacture, assembly and storage of communications equipment. Community Facilities: The facilities of local government and other public agencies necessary for the administration and delivery of public services, including but not limited to police stations, fire stations, government offices, court rooms, water/wastewater storage and treatment facilities, electric and other utility distribution/collection lines,and transit stations. Community Hall: A building and related grounds used for social, civic, or recreational purposes and owned and operated by a nonprofit group serving the area in which it is located and open to the general public. Community Recreational Facility: Any public or private building, structure, or area which provides amusement, relaxation,or diversion from normal activities for persons within the area in which it is located and which is not operated for profit. Community Residential Facility: A dwelling licensed, certified or authorized by state authorities as a residence for children or adults with physical or developmental disabilities in need of supervision,support or assistance. Community Transit Center: A bus transfer area or facility providing passenger access to routes and adjacent activities. Compaction:the densification of a fill by mechanical means. Composting Storage/Processing, Commercial: A facility storing or composting organic material for commercial purposes. Comprehensive Plan: The Comprehensive Plan adopted by Spokane Valley, Washington, pursuant to Chapter 36.70 RCW. Computer Manufacture and Assembly: See Electrical/electronic/Computer component/system manufacturing and assembly Computer Services: Facilities used for the design and testing of computer systems and component parts,including software design and computer support services. Concurrency_ Adequate public,facilities required when the service demands of development occur. Deleted:facilities required Conditional Use: A use authorized subject to conditions and performance standards established by the Hearing Examiner. Contractor's Yard: An area and/or building used to store, maintain and repair equipment, trucks and motor vehicles, construction supplies, building equipment and raw materials for an individual or for a contractor engaged in building or other construction businesses, including but not limited to plumbing, electrical,structural,finish,demolition,transportation,masonry,excavating or other construction work. Convalescent Home/Nursing Home: A residential facility licensed by the State or County to provide long-term special care and supervision to convalescents, invalids, and/or aged persons, but where no P:\Community Development\Planning Commission\2007 Meetings- Planning Commission\05-24-07 PC meeting\PC Draft-Definitions 051007.doc Page 9 of 30 Public Hearing Draft—Definitions Uniform Development Code persons are kept who suffer from mental sickness or disease or physical disorder or ailment which is normally treated within sanitariums or hospitals. Special care in such a facility includes, but is not limited to, nursing,feeding, recreation, boarding and other personal services. Convenience Store:A retail store of less than 10,000 square feet in size engaged in the sale of personal or household merchandise, packaged foods and beverages, which may include fueling stations as an accessory use where permitted. Cosmetic Manufacture/Distribution: The manufacture,storage and distribution of cosmetics, perfumes, and toiletries. Critical Areas: Environmentally sensitive areas which include critical aquifer recharge areas, wetlands, fish and wildlife habitat conservation areas,floodprone areas and geologically hazardous areas. Critical Material:A substance present in sufficient quantity that its accidental or intentional release would result in the impairment of one or more beneficial uses of soil, air and ground and surface water pursuant to SVMC 21.40. Court: An open, unoccupied space, bounded on more than two sides by the walls of a building.An inner court is entirely surrounded by the exterior walls of a building. An outer court has one side open to a street,alley,yard or other permanent space. Day(s):A calendar day, unless otherwise specified,computed by excluding the first day and including the last day pursuant to RCW 1.12.040. When an act to be done requires a City business day, and the last day by which the act may be done is not a City business day, then the last day to act is the following business day. Day-Care,Adult:A licensed or accredited facility that provides counseling, recreation, food,or any or all of these services to elderly or handicapped persons for a period of less than twenty-four hours a day. Day Care,Child: A licensed or accredited facility which regularly provides care for a group of children for periods of less than twenty-four hours and includes pre-kindergarten, nursery schools, Montessori schools, mothers day out and after school programs. Deciduous: Plantmaterials which shed leaves during the fall and winter season. Deleted:ing Density,Gross:The total number of residential dwelling units per gross acre. Density, Net: The number of dwelling units per acre of land, including parcels for common open space and associated recreational facilities within the area,storm water drainage facilities and tax exempt open spaces, after deducting the area for roads, parks, churches and schools, public/private capital facilities, dedicated public lands,and any other nonresidential use.. Department, Community Development: The City of Spokane Valley Department of Community Development. Department,Public Works:The City of Spokane Valley Public Works Department. DepartmentNariety store: A store offering a variety of goods to the public at retail, including but not limited to,clothing, housewares, linens,small appliances;sporting goods,and footwear. Detention and Post-detention Facilities: See Essential Public Facilities. Drug Store:A pharmacy authorized to dispense prescription drugs prescribed by licensed professionals. Director of Community Development: The individual or designee, appointed by the City Manager responsible for the interpretation and enforcement of all or part of the provisions of this Code. District: the area to which certain zoning regulations apply. Dormitory: See Dwelling—Congregate Double Plumbing: Plumbing installation required for properties for which conversion from on-site to public wastewater collection is necessary. P:\Community Development\Planning Commission\2007 Meetings- Planning Commission\05-24-07 PC meeting\PC Draft-Definitions 051007.doc Page 10 of 30 Public Hearing Draft—Definitions Uniform Development Code Dredging - the removal of sediment, earth, or gravel from the bottom of a body of water, either for the deepening of navigational channels, to mine the sediment materials, to restore water bodies or for flood control. Driveway:Any area, improvement or facility between the roadway of a public or private street and private property,which provides ingress/egress for vehicles from the roadway to a lot(s)or parcel(s). Dry Cleaners:A retail business providing dry cleaning and laundry services to the public. Dry Cleaning, Laundry, Linen Supply Plant- Commercial: An industrial facility providing laundry, dry cleaning,linen supply, uniforms on a regional basis. Dry Kiln:An industrial process for curing timber. Dry line Sewer: A sewer line, constructed at the time of property development, which is not put into service until the public sewer system is extended to the development. Dwelling:A building or portion thereof designed exclusively for residential purposes. Dwelling, Accessory Apartment: A freestanding detached structure or an attached part of a structure that is subordinate and incidental to the main or primary dwelling unit located on the same property, providing complete, independent living facilities exclusively for a single housekeeping unit, including permanent provisions for living,sleeping, cooking,and sanitation. Dwelling, Caretaker's Residence: A dwelling unit provided for the purpose of on-site supervision and security that is occupied by a bona fide employee of the property owner. Dwelling, Congregate: A residential facility under joint occupancy and single management arranged or used for lodging of unrelated individuals, with or without meals, including boarding or rooming houses, dormitories,fraternities and sororities,convents and monasteries,convalescent care facilities. Dwelling, Duplex: An attached building designed exclusively for occupancy by two (2) families, with separate entrances and individual facilities for cooking,sleeping,and sanitation, but sharing a common or party wall. Dwelling, Multi-Family: A building designed for occupancy by three (3)or more families, with separate entrances and individual facilities for cooking,sleeping,and sanitation. Dwelling, single-family: A building, manufactured or modular home or portion thereof, designed exclusively for single-family residential purposes, with a separate entrance and facilities for cooking, sleeping,and sanitation. Dwelling, Townhouse: A single-family dwelling unit constructed in groups of three or more attached units in which each unit extends from foundation to roof,open on at least two sides. Dwelling Unit: One (1)or more rooms, designed, occupied or intended for occupancy as separate living quarters,with an individual entrance, cooking, sleeping and sanitary facilities for the exclusive use of one family maintaining a household. Earth Material: any rock, natural soil or fill or any combination thereof. Easement: The right of use over the property of another. Ecological functions or shoreline functions - The work performed or role played by the physical, chemical, and biological processes that contribute to the maintenance of the aquatic and terrestrial environments that constitute the shoreline's natural ecosystem.See WAC 173-26-200(2)(c). Ecological function, no net loss of — The aggregate impact of an improvement, disturbance or encroachment of a shoreline which does not result in an overall loss of ecological function.Any shoreline degradation is concurrently offset by an enhancement of ecological function on the same site or on property within 1000'of the site which equals or exceeds the scope and ecological value (or function)of the degraded resource. I Ecologist, qualified —A person who has obtained an undergraduate and/or graduate degree in one of the environmental sciences such as but not limited to biology, zoology, botany, wildlife management or P:\Community Development\Planning Commission\2007 Meetings- Planning Commission\05-24-07 PC meeting\PC Draft-Definitions 051007.doc Page 11 of 30 Public Hearing Draft—Definitions Uniform Development Code bio-engineering from an accredited college or university and has a minimum of two years of field experience evaluating the impacts of human encroachments on riparian fish and wildlife habitats and on riparian vegetation species. Electrical/Electronic/Computer Component/System Manufactu ring and Assembly: The manufacture, assembly of light fixtures, computers or computer components, including but not limited to relays,chips, routers,semi-conductors and optical processing equipment. Engineering geology: The application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works. Entertainment/Recreation, Commercial (Indoor): A facility offering indoor entertainment such as a bowling alley,video arcade, dance hall, skating rink or billiard parlor. Also includes indoor archery, pistol or gun range. Entertainment/Recreation,Commercial(outdoor):A facility offering outdoor entertainment or games of skill to the general public for a fee or charge such as a golf driving range,archery range, or miniature golf course. Equipment Rental Shop: A business establishment offering equipment for rental. Equipment Sales, Repair & Maintenance: A business establishment offering equipment for sale, including repair and maintenance. Erosion: The wearing away of the ground surface due to movement of wind,water or ice. Espresso/Latte Retail sales: An establishment with or without drive-through service offering coffee,tea and other non-alcoholic beverages for sale to the public, with only limited sale of food items incidental to the beverage service for take out or consumption on the premises. - Deleted:Espresso/Latte Stand: A • drive-through stand offering coffee, Essential Public Facility: Facilities which are typically difficult to site, such as airports, state education tea and other beverages for sale to the public. facilities, state or regional transportation facilities, state and local correctional facilities, solid waste handling, in-patient facilities including substance abuse, mental health,,and secure community transition __-{Deleted:group home facilities. Deleted:s • Detention and Post-detention Facilities: Congregate residential facilities for the housing, training and supervision of individuals under judicial detention, including but not limited to prisons, jails, probation centers, juvenile detention homes, halfway houses and related post- incarceration facilities. • Hospital, Psychiatric and/or Substance Abuse: A licensed facility providing in-patient residential rehabilitation and supervision and out-patient care for individuals suffering from substance abuse,psychological or emotional disease or defect. • Secure Community Transition Facility(SCTF): A licensed secure and supervised residential facility for convicted sex offenders. Excavation:The mechanical removal of earth material. Exercise Facility/Gym/Athletic Club: A facility providing physical fitness equipment and facilities, including weight rooms, running tracks, swimming pools, play courts and similar facilities, as well as counseling in exercise and nutrition. Explosive Manufacturing: The manufacture and storage of substances causing a sudden release of pressure,gas and heat when subjected to sudden shock, pressure or high temperature, including but not limited to dynamite,gun powder,plastic explosive,detonators,or fireworks. Explosive Storage: Storage of explosive materials including but not limited to dynamite, gun powder, plastic explosive,detonators,or fireworks. FAA: Federal Aviation Administration. P:\Community Development\Planning Commission\2007 Meetings- Planning Commission\05-24-07 PC meeting\PC Draft-Definitions 051007.doc Page 12 of 30 Public Hearing Draft—Definitions Uniform Development Code FCC: Federal Communications Commission. Family: An individual or two or more persons related by blood, marriage, or adoption, or a group of not more than five (5) persons, excluding dependents, who are not related by blood, marriage or adoption, living together as a single housekeeping unit. Family Home,Adult: A licensed residential home in which a person or persons provide personal care, special care, room, and board to two, but not more than six adults who are not related by blood or marriage to the person or persons providing the services. Family Home, Child: A licensed child care facility providing regular care for not more than twelve (12) children in the family living quarters. Farm Machinery Sales and Repair:A specialized retail facility catering exclusively to the sale and repair of farm machinery including tractors, farm implements, combines, loaders, applicators, and their accessories. Feed Lot:A confined area or structure used for feeding, breeding or holding livestock for eventual sale or slaughter,including barns,pens or other structures. Feed/Cereal/Flour Mill: A structure or building used to store or grind grain for animal or human consumption. Fence: A wall or a barrier composed of stone, brick or posts connected by lumber, rails, panels, or wire for the purpose of enclosing space,marking boundaries,serving as an obstruction or barrier or separating parcels of land. Fertilizer Manufacture: The manufacture and storage of organic and chemical fertilizer, including manure and sludge processing. Fill:A deposit if earth material placed by artificial means. Film/Camera Sales and Service: The retail sale of photographic equipment and supplies,and the repair of cameras,lenses,tripods,optical and related photographic accessories. Film Developing: The commercial processing of photographic film,including x-rays. Fire Lane: An access designed to accommodate emergency access to a parcel of land or its improvements. Flood Insurance Rate Map or FIRM. The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the City. Flood Insurance Study(FIS). -The official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood. Flood Plain, One Hundred (100)-Year: An area determined by the Federal Emergency Management Agency(FEMA)or by Spokane County to have a one-percent(1%)chance of flooding in any given year. Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Florist Shop: A retail sales of floral arrangements and accessories. Food Product Manufacturing/Storage: The commercial production or preservation of food products from agricultural products, and or the packaging, re-packaging or other preparation of food for wholesale distribution, including but not limited to starch manufacture, sugar refining, pickling, tobacco and vegetable oil manufacture. See also, Meat/Fish canning, cutting, curing smoking. Food Vendor, Mobile: An itinerant vendor of beverages, processed foodstuff and produce. Forest Land: Land identified as of long term significance for growing trees for commercial purposes. ` __-{Deleted:Defined in WAC 365-190-030(6)r) -- Deleted:,as now or hereafter amended. P:\Community Development\Planning Commission\2007 Meetings- Planning Commission\05-24-07 PC meeting\PC Draft-Definitions 051007.doc Page 13 of 30 Public Hearing Draft—Definitions Uniform Development Code Fraternity/Sorority: An organization formed chiefly for social purposes which may function as a place for living and eating,especially for college students. See Dwelling,Congregate. Freight Forwarding: Land and facilities providing for the transport,storage and shipment of goods. Frontage. The full length of a plot of land or a building measured alongside the road on to which the plot or building fronts. In the case of contiguous buildings individual frontages are usually measured to the middle of any party wall. Interior lots which front on two streets are double frontage lots. Fueling Station: An establishment engaged in the retail sale of gasoline and automotive fuels and lubricants. Funeral Home: A facility licensed by the state engaged in preparing human remains for burial or cremation. Services may include but are not limited to embalming, transport, memorial services, and the sale of caskets. Furniture Manufacture: The manufacture of furniture and cabinetry for regional distribution. Furniture Sales/Repair: retail sales of household furniture and repairs not including re-upholstery. Garage, Public: A building or portion thereof, other than a private garage, used for the care, parking, repair, or storage of automobiles, boats, and/or recreational vehicles or where such vehicles are kept for remuneration or hire. Garment Manufacture:The manufacture of apparel,including leather goods,for wholesale distribution. Gift Shop: Retail sales of miscellaneous gift items, including floral arrangements, stationary, statuary, ornaments and decorations. Golf Course: Outdoor course of nine or more holes, including driving range, cart rentals, pro-shop and restaurant services. Grain Elevator: A facility for the storage of grain. See also Feed/cereal/flour mill. Grade: The vertical location of the ground surface • Existing grade is the grade prior to grading • Finish grade is the final grade of the site that conforms to the approved plan • Rough grade is the sate at which the grade approximately conforms to the approved plan • The average elevation of the finished ground level at the center of all exterior walls of a building. In case of any wall which is parallel to and within five(5)feet of a lot line,elevation at the lot line adjacent to the center of the wall shall be considered the finished ground level. Grading:any excavating or filling or combination thereof. Group Living: Living facilities for groups of unrelated individuals that include at least one person residing on the site who is responsible for supervising, managing, monitoring and/or providing care, training or treatment of residents characterized by shared facilities for eating, hygiene and/or recreation. Excludes detention and post-detention facilities.See Dwelling,Congregate. Greenhouse/Nursery, Commercial: An establishment where flowers, shrubbery, vegetables, trees and other horticultural and floricultural products are grown both in the open and in an enclosed building for sale on a retail or wholesale basis. Greenhouse, nursery, garden center, retail: An establishment where flowers, shrubbery, vegetables, trees and other horticultural and floricultural products are grown both in the open and in an enclosed building for sale on a retail basis Grocery Store: A retail establishment offering a wide variety of comestibles, beverages and household supplies for sale. Halfway House: See Essential Public Facilities, Detention and Post-Detention Facilities. Hardware Store: An establishment engaged in the retail sale and or rental of hardware and small tools. P:\Community Development\Planning Commission\2007 Meetings- Planning Commission\05-24-07 PC meeting\PC Draft-Definitions 051007.doc Page 14 of 30 Public Hearing Draft—Definitions Uniform Development Code Hazardous Waste: All dangerous,Lr hazardous wastepnaterials, including substances composed of or___--(Deleted:and ` contaminated by,radioactive and hazardous components as defined in Section 70.105.010(15)RCW -f Deleted:extremely Hazardous Waste Storage: The holding of hazardous waste for a temporary period, as regulated by \`, fDeleted:matrieals Chapter 173-303 WAC. f Deleted:both Hazardous Waste Treatment: The physical, chemical or biological processing of hazardous waste for the purpose of rendering these wastes non-dangerous or less dangerous, safer for transport, amenable for energy or material resource recovery,amenable for storage,or reduced in volume. Hearing Examiner: The individual,designated by the City Council to conduct public hearings and render decisions on amendments, special permits, conditional uses, appeals and other matters as set forth in SVMC 18.20. Helicopter: A rotorcraft that,for its horizontal motion,depends principally on its engine-driven rotors. Heliport: A landing facility for rotary wing aircraft subject to regularly scheduled use and may include fueling or servicing facilities for such craft. Helistop: A landing pad for occasional and infrequent use by rotary wing aircraft. No on-site servicing of or fueling and not for regularly scheduled stops. High Occupancy Vehicle(HOV):A motorized vehicle carrying two(2)or more passengers. Hobby Shop: A retail establishment offering games,crafts and craft supplies,art supplies to the public. Home Occupation:An occupation, profession or craft incidental to the residential use,excluding an adult retail use establishment, adult bookstore or adult entertainment establishment. Auto repair; welding or metal plating shops; large appliance/electronics or equipment repair or service, truck hauling and/or tow storage yard; vehicle sales; cabinet making; manufacturing and/or related storage; kennel or stables, wholesale or retail sales and restaurants/drinkin establishments are not home occupations. ' _ Horse Boarding: A barn, stable, or other structure where owners or users of the property commercially bathe, train, house and/or feed more than three (3) horses or other riding animals any of which are not owned by the users or owners of the property for more than twenty-four(24)consecutive hours. Hospital: An institution licensed by the state offering in- and out-patient medical services but not including facilities treating exclusively psychiatric,substance or alcohol abuse. Hospital, Specialty: A facility providing specialized in- and/or out-patient medical care, including hospices, birthing centers, urgent and trauma care, but not including facilities treating psychiatric, substance or alcohol abuse. Hospital,Psychiatric and/or Substance Abuse: See Essential Public Facility. Hotel/Motel: A building in which there are six (6) or more guest rooms where lodging with or without meals is provided for compensation,and where no provision is made for cooking in any individual room or suite. Household Pet: Any animal or bird, other than, livestock, large or small animals and animals or birds considered to be predatory or wild,which normally lives in or is kept in a residence. Ice Plant: A facility manufacturing and distributing ice. Incinerator: A vessel, device, apparatus, or structure designed to burn solid waste under controlled, nuisance-free conditions, and at a relatively high temperature, for the purpose of reducing the combustible components to a non-putrescible residue capable of ready disposal. Industrial Zoning Districts: Those zones permitting various industrial and manufacturing uses. See Zoning Districts. Ink Manufacture: A facility manufacturing printing ink,and inking supplies. P:\Community Development\Planning Commission\2007 Meetings- Planning Commission\05-24-07 PC meeting\PC Draft-Definitions 051007.doc Page 15 of 30 Public Hearing Draft—Definitions Uniform Development Code Jewelry, Clock, Musical Instrument, Assembly, Sales/Service: Retail sale, assembly, service and repair or clocks, musical instruments and jewelry. Kennel: An establishment or place, other than an animal or veterinary hospital or clinic or animal shelter, where six or more dogs or six or more cats, or any combination thereof, over six (6) months of age are housed,groomed,bred,boarded,trained or sold commercially or as pets. Key: A designated compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope. Laboratories (BIO Safety Level 2, OSHA Standards): A facility in which work is done with the broad spectrum of indigenous moderate-risk agents present in the community and associated with human disease of varying severity. Laboratories(BIO Safety Level 3,OSHA Standards):A facility in which work is done with indigenous or exotic agents where the potential for infection by aerosols is real and the disease may have serious or lethal consequences. Laboratories, Scientific (BIO Safety Level 4, OSHA Standards): A facility in which work is done with dangerous and exotic agents which pose a high individual risk of life-threatening disease. Landfill:A licensed facility for the sanitary disposal of solid waste. Landfill,Shoreline: The placement of soil,excavated material or spoil within the Shoreline jurisdiction. Laundromat: a self-service facility providing machines for the washing and drying of clothes and personal items. Landscape Materials Sales Lot: The retail sale of organic and inorganic materials, including but not limited to,soil and soil amendment, bark,sod,gravel, pea gravel, hardscape products, crushed rock, river rock and landscape boulders primarily used for landscaping and site preparation purposes. The exclusive sale of horticultural or floricultural stock that is permitted in a commercial greenhouse or nursery-wholesale shall not be considered landscape materials. Library: An establishment for the sole purpose of loaning and circulating books or providing a reading room and reference service to the public whether conducted by a public or private agency or whether the service is with or without direct cost to the user. Liquor Store: The retail sale of off-premises distilled spirits, beer and wine. Livestock: Animals, including but not limited to, horses, cattle, llamas, sheep, goats, swine, reindeer, donkeys and mules. Loading Zone: An off-street space or designated area or loading dock located on the same lot or site as the buildings or use served, which provides for the temporary parking of a commercial vehicle while loading or unloading merchandise,materials,or passengers. Locksmith: the sale,service and repair of locks and other security devices. Lot: an undivided tract or parcel of land having frontage on a public street and designated as a distinct tract. • Lot Aggregation: The consolidation of one or more lots into a single parcel through the elimination of lot lines. • Lot Area: The area of a horizontal plane intercepted by the vertical projections of the front, side,and rear lot lines of a building lot. • Lot,Corner:A building lot situated at the intersection of two public streets. • Lot Coverage: The percentage of the total area of a lot occupied by the base (first story or floor)of buildings located on the lot. P:\Community Development\Planning Commission\2007 Meetings- Planning Commission\05-24-07 PC meeting\PC Draft-Definitions 051007.doc Page 16 of 30 Public Hearing Draft—Definitions Uniform Development Code • Lot Depth: The mean horizontal distance between the front lot line and the rear lot line of a building lot measured at the respective mid-points of the front lot line and rear lot line within the lot boundary. • Lot,double frontage: an interior lot with frontage on more than one street. • Lot, Flag: A lot of irregular shape with reduced frontage on a public or private street with dimensions which are otherwise adequate at the building line. • Lot, Reverse Flag: A lot of irregular shape with reduced access to a rear alley, amenity or natural feature. • Lot, Interior: A lot within a subdivision that is not located at the intersection of any adjacent public or private street. • Lot Line:A boundary of a building lot. • Lot Line, Front:The boundary of a building lot that is the line of an existing or dedicated street. Upon corner lots either street line may be selected as the front lot line providing a front and rear yard are provided adjacent and opposite, respectively,to the front lot line. • Lot Line,Side:A boundary of a lot which is not a front lot line or a rear lot line. • Lot Line, Rear:A boundary of a lot which is most distant from and is,or is most nearly, parallel to the front lot line. • Lot of Record: An area of land designated as a residential lot on the plat or subdivision recorded or registered, pursuant to statute,with the Auditor for Spokane County. • Lot, Radial: Lots adjacent to curved streets or circular cul-de-sacs with side lot lines running roughly perpendicular to the street right-of-way. • Lot Segregation: The re-establishment of lot lines within parcels aggregated for tax purposes. • Lot Width: The width of a lot at the front building line. Measurements on irregularly-shaped lots to be taken in a straight line from a point where the front building line crosses the side property lines Lumber Mill, Sawmill, Shingle Mill, Plywood Mill: The manufacture of wood products, including cutting,planning, preservation and veneering,match manufacture and millwork. MUTCD. The U.S. Department of Transportation Manual on Uniform Traffic Control Devices. Machine Shop: See Metal Fabrication Machine/Machinery Manufacturing: The fabrication of machines and machinery. Manufactured Home Fabrication: The construction and assembly of manufactured housing units. Manufactured (Mobile) Home: A pre-assembled dwelling unit certified by the Washington State Department of Labor and Industries. Manufactured Home Subdivision:A subdivision designed exclusively for manufactured housing. Manufactured (Mobile) Home Park:A site having as its principal use the rental of space for occupancy by two (2) or more manufactured (mobile) homes, and the accessory buildings, structures, and uses customarily incidental to such homes. Manufactured Home Sales: A sales lots for manufactured housing units with display models. P:\Community Development\Planning Commission\2007 Meetings- Planning Commission\05-24-07 PC meeting\PC Draft-Definitions 051007.doc Page 17 of 30 Public Hearing Draft—Definitions Uniform Development Code Manufacturing, Non-Metallic Metal Products: The manufacture of clay, earthenware, brick, vitreous, cement and concrete manufacture, including readi-mix, concrete block, lime, gypsum, stone and stone- product. Manufacturing, Petroleum & Coal Products: The manufacture of asphalt paving, roofing and coating and petroleum refining. Market, Outdoor: A temporary or seasonal location where produce and agricultural products, including but not limited to pumpkins, Christmas trees and firewood, as well as crafts and other items are offered for sale to the public. Massage Therapy: An establishment providing the therapeutic massage services of a licensed massage therapist. Meat/Fish Cutting, Canning, Curing and Smoking: Includes the processing and packaging of meat and fish for wholesale distribution. Does not include animal slaughter. Meat Packing: Includes the slaughter of live animals and the inspection and processing of animal carcasses. See animal processing. Medical and Laboratory Instrument/Apparatus Manufacture: The manufacture of medical and dental equipment,supplies,and instruments. Medical/Dental Office:_A facility housing less than three medical or dental professionals or paraprofessionals. Medical/Dental Clinic: A facility where three or more medical or dental professionals or paraprofessionals, including physicians, dentists, endodontists, physical therapists, dental hygienists, physician assistants,pr osteopaths,provide outpatient services on a regular basis. z,--(Deleted: Medical, Dental and Hospital Equipment Supplies and Sales: The sale of medical/dental equipment and supplies, including but not limited to uniforms, prosthetics, pharmacy, optics, and corrective appliances. Metal Fabrication: The fabrication of metal products including chain and cable manufacture,sheet metal fabrication, machining,welding and punching. Metal Plating: The electroplating,galvanizing and dip plating of various kinds of metal. Metal Processes, Hot: metal processes including blast furnace, coke oven,die casting,drop hammer or forge, metal reduction, reclamation,and refining. Mining: Mineral extraction, not including oil and gas. Mineral Product Manufacturing, Non-Metallic: The manufacture of brick, cement, gypsum, lime, plaster of Paris,tile,stoneware,earthenware and terra cotta manufacturing Mineral Resource Lands: Lands primarily devoted to the extraction of minerals with potential for long- term commercial significance.(,WAC 365-190-030(14 Deleted:Defined in Deleted: as now or hereafter Mobile Food Vendors: Itinerant vendors of prepared foods and beverages. amended. Model Home: The temporary use of one or more single family residential units for the marketing and promotion of residential subdivisions. I !Museum:A premises housing the display of antiquities or artifacts of historical or artistic significance. ,-rDeleted:Motor vehicle Parts, Sales&Service: The retail sales of Music Store: The retail sale of recorded music,musical instruments,sheet music and similar items. motor vehicle parts and service, including the installation of tires and Multiple Building Complex:A group of structures,or a single structure,with dividing walls and separate batteries,including repair of entrances for each business, housing retail businesses, offices, commercial ventures or independent or passenger cars and light trucks.¶ separate parts of a business which share the same lot,access and/or parking facilities. NAICS: North American Industry Classification System P:\Community Development\Planning Commission\2007 Meetings- Planning Commission\05-24-07 PC meeting\PC Draft-Definitions 051007.doc Page 18 of 30 Public Hearing Draft—Definitions Uniform Development Code Neighborhood: A geographic area or sub-area bounded by distinct physical boundaries, such major or minor arterials, geologic formations, broad open spaces and similar features, centered around common interests or facilities. Nonconforming: A lot, use, building, or structure, which was legal when commenced or built, but which does not conform to subsequently enacted or amended regulations pursuant to SVMC 19.20.060. Nonconforming Use, Shoreline: A use located within the shoreline jurisdiction which does not conform to the requirements of the Shoreline Management Act(RCW 90.58). Nursing Home: See Convalescent home. Occupancy: The type of construction required based on the use of the structure as established by adopted building codes. Office: A business office maintained as a principal use, including but not limited to, insurance, sales, legal or other professional office but does not include medical or dental clinics. See also Medical/dental Clinic. Off-road recreational vehicle use: the operation of any gas-powered motorized vehicle, including but not limited to motorcycles and/or all-terrain vehicles, on private property for recreational purposes. This definitionitoes not include vehicles,used for yard or garden work in residential areas. Deleted:is not intended to Deleted:which were Off-Street Parking: the amount of vehicular parking to be provided on private property for a specified designed/constructed use. Office Supply and Computer Sales: The retail sale of office supplies and office equipment, including computers,copiers and communication equipment. I Open Space:An area accessible to and permanently reserved for the common use and enjoyment of the.---- Formatted:Space After: 6 pt occupants of residential uses for landscaping, leisure and recreational purposes. Open Space does not include area devoted to parking, accessory uses, landscaping required pursuant to this code, drainage easements,border easements or building separation required under adopted building codes. Opponent of Record: A person who has provided verbal or written testimony in opposition to a proposal/project before or during the public testimony portion of a hearing, or filled out and submitted a Party of Record Notice indicating opposition prior to the close of the public hearing. Orchard, Tree Farming, Commercial: A planting of trees producing fruit and/or nuts and the cultivation of trees for the purpose of sale. Ordinary High-Water Mark (OHWM): A mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years,as to mark upon the soil a character distinct from that of the abutting upland. In any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining fresh water shall be the line of mean high water. pwnerjs;i Any person, partnership, corporation, association, unincorporated organization, trust or any __--r Deleted:Organic Material:Material other legal commercial entity having sufficient proprietary interest to,authorize development of land. derived from living things.¶ Owner's Agent: Any person authorized to act on behalf of the owner of real property. {Deleted:seek Overlay Zone: A zoning designation that supplements the provisions of the underlying zone within a specified geographic area. Paper Product Manufacturing: The manufacture of paper products. Paper/Pulp Mills: Manufacturing plants producing paper and paper pulp from timber. {Deleted:specific purpose of storing Park-and-Ride Facility: A parking area or structure used for the,temporary storage of motor vehicles -r Deleted:in order that the occupants ,using transit. can transfer to a higher occupancy vehicle(HOV)(e.g.,buses,vans, Park, Public: A site designated or developed for recreational use by the public,includ , but are not carpool autos)to complete a trip limited to, indoor facilities such as museums, swimming pools and skating rinks, and outdoor facilities (Deleted:.Recreational uses may Deleted:e P:\Community Development\Planning Commission\2007 Meetings- Planning Commission\05-24-07 PC meeting\PC Draft-Definitions 051007.doc Page 19 of 30 Public Hearing Draft—Definitions Uniform Development Code such as athletic fields, playgrounds, fishing areas, and areas and trails for hikers, equestrians, bicyclists, or off-road recreational vehicle users. Parking Area, Satellite: A parking area more than three hundred (300) feet away from the establishment, building,structure,or use which it is designed to serve. Parking Facility:A parking area, building,or structure used for the specific purpose of parking or storage of motor vehicles. Parking Facility, Controlled Access: a parking garage or surface lot controlling patron access using attendants or ticket dispensers. Party of Record: A person who has provided verbal or written testimony in or regarding a public hearing on a land use action. Paved Surface: A paved surface shall consist of asphalt, Portland cement, concrete or equivalent __-{Deleted: or material laid to City specifications. Pawn Shop: An establishment where money is loaned on the security of personal property pledged in the keeping of the owner or proprietor.Also includes the retail sales of used items. Permitted Use:An allowable activity or use within a zoning district. Person:A corporation, company,association,society,firm,partnership or joint stock company,as well as an individual,a state,and all political subdivisions of a state or any agency or instrumentality thereof. Person or Party Having Standing:Any party of record. Personal Services: Services including but are not limited to barber shops/beauty salons, nail salons, tanning salons,specialty boutiques,day spas and similar services. Pet Shop: The retail sale of household pets and pet supplies and equipment. Petroleum and Coal Products Manufacture: The manufacture of petroleum and coal products including lubricating oil,oil compounding. Photographic Studio: A retail establishment that provides portrait and other photographic services. Pipeline - gravity or pressurized pipelines for the long-distance transmission of water, petroleum products,natural gas,and other commodities such as ores in the form of slurries. Planned ,Residential Development (Pa.D.): A residential development project meeting the --{Deleted:Unit requirements of SVMC 19.50 characterized bvilexibility in the regulations of residential zoning district. (Deleted:U Planning Agency: The Spokane Valley Community Development Department,together with its Planning `.'f Deleted:land I Commission. \o '�Deleted:planned comprehensively Planning Commission: See"Commission.' as an entity through a design process \ prescribed by ordinance Plastic Molding (thermoplastic): A process of converting pelletized plastic into molds using heat, fpeleted:which permits some without the use of solvents or volatile organic compounds (VOC). Thermoplastic resins can be melted, formed and resolidified. Thermoplastic processes include injection molding, blow molding, injection blow f Deleted:the underlying zone 1 molding, rotational molding,roto molding,and extrusion molding. Does not include solvent molding. Plastic Molding (Thermoset): an injection molding process which uses heat, industrial processes and solvents to create plastic forms which cannot be re-formed. Thermoset processes include bag molding, cold molding,jet molding, pulp molding,transfer molding and compression molding. Plastic Solvent molding: Also known as Dip molding, forms thermoplastic articles by dipping a male mold and drawing off the solvent to leave a plastic film adhering to the mold. Plastic and Rubber Product Manufacture: A chemical manufacturing process utilizing resin and synthetic compounds for plastics and rubber. Post Office, Postal Center: A facility owned or operated under contract with the U.S. Postal Service for the delivery of mail and packages. P:\Community Development\Planning Commission\2007 Meetings- Planning Commission\05-24-07 PC meeting\PC Draft-Definitions 051007.doc Page 20 of 30 Public Hearing Draft—Definitions Uniform Development Code Precision Instrument Runway: An existing or planned runway with instrument approach utilizing an Instrument Landing System (ILS), or Precision Approach Radar (PAR) as prescribed by the Federal Aviation Administration. Principal Use: The predominant use to which the lot or property is or may be devoted and to which all other uses are accessory. Principal Structure: The principal building or other structure on a lot or building site designed or used to accommodate the primary use to which the premises are devoted., rDeleted:where a permitted use involves more than one building or Print Shop: A retail print services, including blueprinting, photostat, copier and other business support structure designed or used for the services. primary purpose,each permitted building or other structure on a lot or building signadefined by this CodePrinting� Reprographics and Bookbinding: Commercial printing including engraving, manifold form shll be cnstrued as comprising a printing and book binding. `principal structure. Professional engineer: An engineer licensed in Washington under RCW 18.43 who is qualified by examination and/or experience to practice in the fields of civil,geotechnical and/or soils engineering. Professional geologist: A geologist experienced and knowledgeable in engineering geology and licensed by the state of Washington to practice. Professional inspection: The observation and testing to determine conformance with project plans and I specifications required by th Code preformed by a professional engineer and/or professional geologist. __--[Deleted:e Uniform Developmen 1 Such inspection includes that performed by persons supervised by such engineers or geologists and shall Deleted:t I be sufficient to form an opinion relating to the conduct of the work. Project Permit, Any land use or environmental permit or license required ,for development or __-rDeleted:/Project Permit construction, including but not limited to building permits, short plats, subdivisions, binding site plans, , Application planned unit developments, conditional uses, variances, shoreline permits, site plan review, permits or `,\Deleted: — approvals required by the Critical Area Ordinance, site-specific zone reclassifications, manufactured • home parks,and change of condition request. Deaction I Proper Functioning Condition (PFC): A methodology for assessing the physical functioning of riparian and wetland areas,which describes both the assessment process and a defined on-the-ground condition of a riparian or wetland area. Prohibited Use: A use not specifically enumerated as a permitted use, accessory use, a conditional __-rDeleted:with or without standards use,a temporary use,or a legal nonconforming use. and conditions Public Utility: A regulated public or private enterprise with an exclusive franchise for providing a public service paid for directly by the recipient of that service. Public Utility Local Distribution Facility: Any building, structure, or device which transfers directly to the public the service or supply provided by a public utility, including telephone, electric , gas, cable television, water and sewer, and all other facilities, equipment and structures necessary for conducting a local distribution service by a government or public utility. Public Utility Transmission Facility: Any building, structure, or device which does not directly transfer to the public the service or supply provided by a public utility, including telephone, electric (greater than • I fifty-five [55] KV), gas, cable television, water and sewer, and all other facilities, equipment, and __--r Deleted:fifty-five thousand[55,000] structures, including substations,switching stations,and reservoirs. volts or Racecourse: An outdoor track or course laid out for competition, testing, practice or use by motorized vehicles, including but not limited to automobiles, go-carts, all-terrain vehicles, mopeds, scooters, snowmobiles,motorcycles, remote controlled cars and airplanes. See also Entertainment,Outdoor. Racetrack: A state-licensed facility permitting competitive racing of vehicles, horses and dogs. Radio/TV Broadcasting Studio: Facilities serving the broadcast media. Railroad Yard, Repair Shop and Roundhouse: Facilities serving railroad operations. Record: The official file, exhibits, maps and slides including the tape recorded proceedings or transcription thereof. P:\Community Development\Planning Commission\2007 Meetings- Planning Commission\05-24-07 PC meeting\PC Draft-Definitions 051007.doc Page 21 of 30 Public Hearing Draft—Definitions Uniform Development Code Record of Survey: A survey prepared and sealed by a registered Washington surveyor identifying the boundaries of land and real property,and the location or placement of other improvements. Recreational Vehicle (RV): A vehicular type designed as temporary living quarters for recreational, camping, or travel use, with or without motor power including, but not limited to, travel trailers, truck campers,camping trailers and self-propelled motor homes. Recreational Vehicle Park/Campground: An area where facilities are provided for recreational or camping vehicles or travel trailers, tents or other portable habitation, utilized by the public as a place for camping,vacationing,or temporary usage,which are in place for not more than thirty(30)days.The park may include certain recreational or service facilities for the use of the residents of the park. Recreational Vehicle Sales and Service: An area for the display, sales and service of recreational vehicles. Repeater Facility:A facility for the non-commercial reception and retransmission of radio signals. I Restaurant, full service: An establishment serving food and beverages to the general public in specific, __-{Deleted:, designated dining areas. I Restaurant, Drive-In: an establishment designed and constructed to serve food and beverages for consumption on the premises in an automobile or for carry-out for off premises consumption and which establishment may or may not have on-premises dining room or counter. Restaurant, Drive-Through: An establishment serving food to the general public with designated dining areas and allowing carry-out window(s) serving a single lane of automobiles for the purpose of serving food to go where food consumption is not allowed in automobiles on the premises. Retail Sales: An establishment engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. Retaining Wall:Any wall not an integral part of a building, used to resist the lateral displacement of earth material. Riding Stable: A commercial enterprise renting horses and providing equestrian instruction. Right-of-Way: The land area provided by dedication for public use for streets, utilities, walks, and other uses,also providing access to adjoining properties. Riparian Management Zone (RMZ): A fiskand wildlife conservation buffer established pursuant to __-{Deleted:t SVMC 21.40. Roadway: The paved or improved portion of a street/road,designed or ordinarily used for vehicular travel including shoulders,auxiliary lanes,curbs,sidewalks,etc. Rolling Mill: Primary metal manufacturing including the rolling and drawing of purchased steel and steel shape manufacture. Roof: A structural covering over any portion of a building or structure, including the projections beyond the walls or supports of the building or structure. Runway: Any existing or planned paved surface or turf-covered area of an airport which is specifically designed and used,or planned to be used,for the landing and/or taking off of aircraft. Schools: Public and private institutions of learning offering instruction from kindergarten to grade 12 required by the Education Code of the State of Washington. Schools, Professional, Vocational and Trade Schools: Post-secondary professional and training education. Secondhand Store/Consignment Sales: The sale and resale of used merchandise including thrift shops,and consignment shops. Secure Residential Treatment Facility: See Essential Public Facilities. Deleted:Senior/Elderly Housing:A housing development designed and restricted for individuals and couples over the age of fifty-five years. P:\Community Development\Planning Commission\2007 Meetings- Planning Commission\05-24-07 PC meeting\PC Draft-Definitions 051007.doc Page 22 of 30 Public Hearing Draft—Definitions Uniform Development Code SEPA: The Washington State Environmental Policy Act of 1971 and administrative codes developed pursuant thereto or any amendments thereto. Shoreline environment: the classification of shorelines based on the existing use pattern,the biological and physical character of the shoreline, consistent with WAC 173-26-211(4)and(5). Shoreline Master Program: Locally adopted plans and regulations governing uses and activities within the Shorelines of the State and Shorelines of Statewide Significance identified in the Spokane Valley Comprehensive Plan. Shorelines of Statewide Significance: a natural river or segment thereof east of the crest of the Cascade range downstream of a point where the mean annual flow is measured at two hundred cubic - iI Formatted:Highlight feet per second or more.(RCW 98.58.030(2)(e)) Comment[gjml]:Should we Shoreline of the State: means all of the water areas of the state, including reservoirs, and their complete the definition by including associated shorelands, together with the lands underlying them; except (i) shorelines of statewide morores or impoundments of 1000 or me acres? significance; (ii) shorelines on segments of streams upstream of a point where the mean annual flow is twenty cubic feet per second or less and the wetlands associated with such upstream segments; and (iii) Deleted:The Spokane River is a Shoreline of Statewide Significance. shorelines on lakes less than twenty acres in size and wetlands associated with such small lakes. (RCW 98.58.030(2)(c)). Shorelines of Statewide Significance are Shorelines of the State. Shorelands or shoreland areas means those lands extending landward for two hundred feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward two hundred feet from such floodways; and all wetlands and river deltas associated with the streams, lakes. (RCW 98.58.030(2)(f)) Shoreline Protection — Means structural and nonstructural methods to control flooding or address erosion impacts to property and dwellings or other structures caused by natural processes, such as current,flood,wind,or wave action. Shoreline Restoration — the revegetation of a shoreline site cleared of vegetation and not covered by structures or occupied by other improvements following completion of a project. Shoreline substantial development: any development of which the total cost or fair market value exceeds the dollar amount set forth in RCW 90.58 and WAC 173-26 for any improvement of property in the shoreline of the state Sign: A visual communication device, structure, or fixture which is visible from any right-of-way and is intended to aid in promoting the sale of products, goods, services, events or to identify a building using graphics,letters,figures,symbols,trademarks or written copies. Sign types include: • Sign: Any board, poster, placard, banner, flag, pennant, streamer, or similar structure, electronic or otherwise which is constructed, placed, attached, painted or fastened in any manner for the purpose of attracting attention of the public to any place, person, entity, or business. • Sign Area-the gross surface area of the sign, • Sign or Structure, Abandoned: a sign or structure that advertises a product or service no longer available or a business no longer in operation;a sign which is illegible, , in disrepair, or a safety hazard as a result of lack of maintenance; or a nonconforming sign that has lost its nonconforming rights. • Banner: A temporary sign of lightweight material mounted to a pole or building. • Sign, Billboard: A structure for the purpose of leasing advertising space to promote an interest other than that of an individual, business, product or service available on the premises on which the structure is located. • Sign, Copy: Letters, characters, illustrations, logos, graphics, symbols, writing or any combination thereof, designed to communicate information of any kind, or to advertise, P:\Community Development\Planning Commission\2007 Meetings- Planning Commission\05-24-07 PC meeting\PC Draft-Definitions 051007.doc Page 23 of 30 Public Hearing Draft—Definitions Uniform Development Code announce or identify a person, entity, business, business product, or to advertise the sale, rental or lease of premises. • Sign,Copy Area: The area of the sign containing any copy,symbol,sign, logo or graphic. • Sign, Decorative Emblem (or standard): A one or two sided sign with or without copy that is securely attached by grommets to the top and bottom of a mounting bracket attached to a permanently installed lighting fixture • Sign, Directional: Any sign relating solely to internal pedestrian and vehicular traffic circulation within a complex or project. • Sign, Electronic: A sign that can be changed by electrical, electronic or computerized process; inclusive of video boards. • Sign, Flashing: An electrical sign or portion thereof which changes light intensity in a brief, brilliant, or sudden and transient outburst of light causing a steady on and off, glittering, sparkling,or oscillating pattern. • Sign,Freestanding: A permanent sign not attached to or forming part of a building. • Sign, Freeway: A permanent free-standing on-premises sign or billboard located on a parcel adjacent and contiguous to Interstate Highway 90. • Sign, Inflatable: Any temporary hollow item or character expanded or enlarged by the use of air or gas. • Sign, Menu Board: An on-site display of menu items at a restaurant; not meant to be viewed ii. from the street. �®®®rte•®®®®� • Sign, Monument: A sign and supporting structure constructed as a solid structure or one that gives the appearance of a continuous,non-hollow,unbroken mass. • Sign, Multi-Business Complex: A sign with a primary facility name and a list of the individual stores or businesses mounted on one structural element. Such a sign type includes signage describing a mall arrangement, a strip-center development, an industrial park complex, or a multi-business structure or complex of buildings with a unifying name and a listing of businesses contained within the grouping. • Mural: A work of art applied directly to an exterior surface where forms and/or figures are the dominant elements and not containing any copy. • Name Plate: A sign showing only the name and address of the owner or occupant of the premises. • Sign, Non-Conforming: Any sign which was lawfully erected and maintained on private property which now, as a result of code amendments, does not conform to all applicable regulations and restrictions of this code. • Sign, Notice: A sign intended to safeguard the premises(e.g. "No Parking", "No Trespassing", "Watch Dog on Duty"); or which identifies emergency telephone number, hours, and security information. • Sign, Official: A sign erected by a governmental agency within its territorial jurisdiction for the purpose of carrying out an official duty or responsibility and including, but not limited to, traffic signs and signals, zoning signs, and street signs. Special lighting or banners celebrating seasonal or civic events sponsored and/or endorsed by the City Council may be Official signs. P:\Community Development\Planning Commission\2007 Meetings- Planning Commission\05-24-07 PC meeting\PC Draft-Definitions 051007.doc Page 24 of 30 Public Hearing Draft—Definitions Uniform Development Code • Sign, Off-Premise: a sign which advertises or directs attention to a business, person, organization, activity, event, place, service, or product not principally located or primarily manufactured or sold on the premises on which the sign is located. • Sign, On-Premise: A sign which advertises or directs attention to a business, person, organization, activity, event, place, service, or product which is manufactured and/or available on the premises where the sign is located. • Sign, Permanent: Signs permanently affixed to a pole, monument, or building. including decorative emblems(or standards) affixed by rope, cords,wires,or mechanical devices. • Sign, Pole: A permanent free-standing sign supported wholly by a pole or poles permanently affixed to the ground and not attached to a building or structure. • Sign, Portable: A sign not permanently attached or affixed to the ground or other permanent structure, or a sign designed to be transported or moved from place to place, including, but not limited to signs designed to be transported by means of skids or wheels, and including reader boards,and A frame signs. • Reader Board: A sign face consisting of tracks to hold readily changeable letters allowing frequent changes of copy. • Sign, Roof: A sign supported by and erected on or above a roof that does not meet the requirements of a wall sign. • Sign, Support Structure(s): Posts or columns and the anchors and bolts that structurally support the sign attached to it. • Sign,Temporary: Banners, pennants,flags,streamers,searchlights, inflatables,special event signage or temporary on premises commercial signs posted in conjunction with the alteration, construction,sale or lease of real property. • Sign,Three-Sided: A sign with three faces. • Sign,Two-Sided: A sign with two faces. • Wall Area: The two dimensional representation of a building elevation, including windows and doors,excluding eaves. • Sign, Wall (attached): A permanent sign attached or erected parallel to and extending not more than fifteen (15)inches from the façade or face of any building to which it is attached and supported throughout its entire length,with the exposed face of the sign parallel to the plane of said wall or façade. Signs incorporated into mansard roofs, marquees or canopies are wall signs. Sign Manufacturing/Repair: The manufacture of commercial signs and sign support structures. Sign Painting Shop: The painting,etching or printing of sign copy. Site: Any lot or parcel of land or contiguous combination thereof, under p single ownership or control, __--(Deleted:the same proposed for development,where grading is performed or permitted. Site Development Plan: A plan drawn to scale for one (1) or more lots, parcels or tracts on which is shown the existing and proposed conditions of the lot,tract or parcel. Slope: An inclined ground surface the inclination of which is a ratio of vertical distance to horizontal distance,expressed as a percentage. P:\Community Development\Planning Commission\2007 Meetings- Planning Commission\05-24-07 PC meeting\PC Draft-Definitions 051007.doc Page 25 of 30 Public Hearing Draft—Definitions Uniform Development Code Soap and Cleaning Compound Manufacturing: The manufacture of soaps, detergents and cleaning chemicals and solvents. r Soil:A natural aggregate of mineral grains, ,- Deleted:that can be separated by such gentle mechanical means as Solid Waste:All putrescible and non-putrescible solid and semisolid material, including, but not limited to, ,agitation in water. garbage, refuse, bulky wastes, inert waste, agricultural solid waste, sewage sludge and demolition and construction wastes. Solid Waste Recycling/Transfer Site: A site storing solid waste or recyclable materials, prior to f Deleted:s 1 transport to a central disposal or collection location. Deleted:s Specialized Training/Learning Schools/Studios: Gymnastics, martial arts and dance studios and Deleted:Spoils are not precluded similar activities providing instruction to persons of all ages. /,,z from reuse in fills. Spoil,:Any materia] removed from an excavation. s �,' Deleted:not accessory to a residential use, Stealth: Any Wireless Communications Antenna Array or Wireless Communication Support Tower which rDeleted:Story:Thatonion of a is designed to blend into the surrounding environment. Examples of stealth may include architecturally , ' building included between the upper screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, ; , surface of any floor and the upper antennas integrated into architectural elements, and wireless communication support towers designed to , , surface of the floor next above, except that the topmost story shall be look like trees, clock towers, bell steeples, light poles or flag poles. ' ; thatortion of a buildingincluded P Storage, General Indoor: The storage of equipment, merchandise and supplies within an enclosed � between tuace a structure. ....... ' topmost floorhe andpper thesurfceilingof or roof above. Storage, General Outdoor: The storage of any equipment, machinery, commodities, raw, semi-finished ; � rDeleted:Principal arterials serve the materials, and building materials, which is visible from any point on the building lot line when viewed from major centers of activity in urbanized ground level to six feet above ground level. The outdoor display of motor vehicles, equipment for sale or , i ared g volumeasancorridorsinclude,servethehithehest longesttraffic lease, manufactured housing or landscaping and nursery stock available for sale to the public is not trips and carry a high proportion of General Outdoor Storage. , r the total urban travel,even though r 1 they constitute a relatively small Storage, Self-Service Facility: A facility including buildings and/or structures containing spaces of / percentage of the total roadway varying sizes leased, rented or sold on an individual basis and used exclusively for the storage of excess network. property and outdoor storage of vehicles and boats. I � Deleted:The minor arterial street Stormwater Drainage Facility: Constructed and natural features which function together as a system to I ; system collect, convey, channel, hold, inhibit, retain, detain, infiltrate evaporate, divert, treat or filter stormwater. ;i ,JI Deleted:s 1 Stormwater facilities include but are not limited to, pipes,ditches, culverts,street gutters,detention ponds, ;; ; (Deleted:s 1 retention ponds, evaporation ponds, constructed wetlands, infiltration devices, catch basins, oil/water ; 1, / It accommodates trips of separators and swales. Il '11 1I;' moderate length at a lower level of I/ travel mobility than principal arterials. This system places more emphasis access Street,Arterial Principal: ,Roadways identified in the Spokane Valley Comprehensive Plan providing for ' /11I arteririall nd system than the principal regional mobility. ;''/ ;' Deleted:Such a facility may carry Street, Arterial, Minor: Roadways identified in the Spokane Valley Comprehensive Plan providing for 'a,' ,, local bus routes and provide intra- jnterconnec on with and augmentation of the principal arterial system and providing local mobility., , j, community continuity,but ideally does not penetrate identifiable Street, Collector: Roadways identified in the Spokane Valley Comprehensive Plan providing for :)th -(I Deleted:The collector provides I land access and traffic circulation within residential neighborhoods and commercial and industrial areas. ,_ Deleted:It differs from the arterial Street,Flanking: One of the two streets abutting a corner lot which is not parallel with the lot front line. system in that facilities from the collector system may penetrate Street,Local Access:A street providing access to abutting property. residential neighborhoods,distributing trips from arterials through the area to Structure: Any construction, including a building or any portion thereof, erected for the purposes of their ultimate destinations. support, shelter or enclosure of persons, animals or property of any kind, including swimming pools, Conversely,the collector system also decks in excess of thirty(30)inches in height,and roof overhangs exceeding three (3)feet.A fence of six collects traffic from local streets in feet6'-0" or less in heightmasonry, brick, concrete, or cinder block wall of less residential neighborhoods and feet (6'-0") is not a structure, nor channels it into the arterial system. than tour feet(4'-0")inches in height. r Deleted: for purposes of this Subdivision: The subdivision of land into two or more parts for the purpose of establishing building sites, chapter and including both short subdivisions and long subdivisions. Deleted:twenty- P:\Community Development\Planning Commission\2007 Meetings- Planning Commission\05-24-07 PC meeting\PC Draft-Definitions 051007.doc Page 26 of 30 Public Hearing Draft—Definitions Uniform Development Code Tailor: A personal service providing alterations and fittings for apparel. Tank Storage(LPG): The storage of liquefied petroleum gas or its component gases. Tank Storage,Critical Materials: The storage of critical materials identified in SVMC Title 21,Appendix 21-A, including but not limited gasoline, kerosene,diesel, lubricating oils,and solvents. Tanning and Curing of Hides: The preparation of animal hides and skins for the manufacture of leather products. Tavern: A retail establishment serving alcoholic beverages with incidental food service. Taxidermy: The operation of preserving, stuffing and mounting the skins of dead birds and animals for exhibition. Theater: A structure or area designed for the presentation of live performances, including dramatic I worksconcerts,,and motion pictures. ,Deleted: and {Deleted:or Telecommunications: The transmission, between or among points specified by the user,of audio and/or visual information and data of the user's choosing, without change in the form or content of the information as sent and received. • Alternative Mounting Structure: A water tower, man made tree, clock tower, church steeple, t Deleted: i bell tower, utility pole, light standard, free standing sign, flagpole, or similar structure, designed to support and camouflage or conceal the presence of telecommunications antennas. • Antenna: A structure or device used to collect or radiate radio, television, or_microwave electromagnetic waves, including directional antennas, such as panels, wireless cable and satellite dishes, and omni-directional antennas, such as whips, but not including satellite earth stations or noncommercial antennae installations for home use of radio or television. • Array:An arrangement of antennas and their supporting structure. • Collocation: A single telecommunications tower and/or site used by more than one telecommunications service provider. • ,Dish: A parabolic or bowl shaped device that receives and/or transmits signals in a specific __fDeleted: directional pattern --- • EIA-222: Electronics Industries Association Standard 222, "Structural Standards for Steel Antenna Towers and Antennas Support Structures." • Electric Transmission: A self-supporting structure in excess of 50 feet in height designed to support high voltage electric lines.This does not include local utility or distribution poles(with or without transformers)designed to provide electric service to individual customers. I • Guyed, Tower: Any telecommunications tower supported in whole or in part by cables anchored to the ground. • Height: The distance measured from grade to the highest point of any and all components of the structure,including antennas, hazard lighting,and other appurtenances, if any. • Monopole: A self-supporting telecommunications tower, which consists of a single vertical pole,fixed into the ground and/or attached to a foundation. • Panel:An antenna which receives and/or transmits signals in a directional pattern. I • Self-Supporting Lattice Tower: A telecommunications tower that consists of an open network of metal braces, usually triangular or square in cross-section. P:\Community Development\Planning Commission\2007 Meetings- Planning Commission\05-24-07 PC meeting\PC Draft-Definitions 051007.doc Page 27 of 30 Public Hearing Draft—Definitions Uniform Development Code • Service: The offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. • Stealth:A telecommunications antenna that is effectively camouflaged or concealed from view. • Telecommunications Antenna An antenna used to provide a telecommunications service. This excludes lightning rods,private mobile radio systems,amateur radio antennas less than 35 feet in height in residential districts and 50 feet in height in non-residential districts, and whip antennas less than 4 inches(10 cm)in diameter and less than 10 feet in height. • Tower: A self-supporting or guyed structure more than twenty feet in height, built primarily to support one or more telecommunications antennas. Does not include Ham Operator or Wind Turbine Support towers. • Whip Antenna:An omni-directional dipole antenna of cylindrical shape which is no more than 6 inches in diameter. Temporary Use:A use permitted for alimited period of time or pending the occurrence of an event. Deleted:specified Textile Manufacture: The manufacture of textiles,carpet,canvas and cordage,including knitting. Tire Recap and Retread Manufacture: The process of refurbishing and retreading used vehicle tires. Title Notice:A document recorded with the County Auditor for the purpose of disclosure to a prospective purchaser, lender or other interested party of important information,special conditions, restrictions,and/or circumstances that affect�eal propertK Deleted:the Deleted: to a purchaser,lender and Tower, Ham Operator: A structure less than seventy-five (75) feet in height above grade used for two- others. way(2)communication for hobby or emergency service purposes by private individuals. Tower, Wind Turbine Support: A structure not enclosed with exterior walls used for the production of energy such as a wind turbine tower. (Public utility towers used for the distribution or transmission of electricity and Wireless Communication Support Towers are not included in this definition. Transit Center: A facility serving transit patrons which may serve as a transfer point between different transportation modes and routes,and providing parking. Transitional Housing: Congregate living facilities for temporarily displaced individuals and families with an on-site resident manager, including but not limited to homeless and protective shelters. Detention and Post-detention Facilities, Hospital, Psychiatric and/or Substance Abuse and Secure Community Transition Facilities are not transitional housing. 'Deleted:Transmission lines, electric- overhead wires and their v supporting structures for the long- distance transmission of electric Truck Sales, Rental, Repair and Maintenance: Land and facilities offering the sale service and energy at or above 60,000 volts. maintenance of motor vehicles and cargo trailers with a manufacturers gross vehicle weight in excess of Deleted:The means by which a one-ton. ', Deleted:may be made in the Truck Stop: A facility providing parking, fueling, and restaurant services for large trucks, and may application of the specific include truck washing facilities,sleeping accommodations and showers for drivers. /71 Deleted:of this Code Upholstery Shop:A retail service for the upholstery and re-upholstery of furniture. ,''/ Deleted:property, Variance:Zn adjustment 4o the strict application of regulations o a particular piece of real property, /,{Deleted: applicable to it which because of special circumstances,is deprived of privileges commonly enjoyed by other properties_;- (Deleted:and which in the vicinity and similar zone classification, The adjustment remedies the disparity in privileges,_ provided, that a variance granted shall not authorize a use otherwise prohibited in the zone classification {Deleted:difference in which the property is located. Deleted:Vehicle:An item,not a manufactured(mobile)home,which is designed to transport objects, merchandise,other articles,or persons from one point to another whether the item(vehicle)is operable or inoperable. P:\Community Development\Planning Commission\2007 Meetings- Planning Commission\05-24-07 PC meeting\PC Draft-Definitions 051007.doc Page 28 of 30 Public Hearing Draft—Definitions Uniform Development Code Veterinary Hospital or Clinic,Small Animal: An establishment other than a kennel in which veterinary medical services, clipping, bathing, boarding and similar services, are rendered to dogs, cats and other small animals and domestic pets. Veterinary Hospital or Clinic, Large Animal: An establishment providing veterinary medical services and similar services to livestock, such as horses, cows, donkeys, sheep, pigs, and similar animals, and may include outdoor pens. WRIA: Water Resources Inventory Area. I Warehouse:A,structure in which more than fifty percent of the ground floor area is utilized for the storage __-{Deleted:building 1 of products,which is not the office or showroom area of the building. I Water-dependent: &use or activity dependent on a waterfront location, including but not limited to __-{Deleted:a bridges, marinas, dams for domestic/industrial water supply, flood control, and/or hydroelectric production; water diversion structures and facilities for water supply, irrigation and/or fisheries enhancement; flood water and drainage pumping plants and facilities; hydroelectric generating facilities and appurtenant structures; structural and nonstructural flood damage reduction facilities, and stream bank stabilization structures and practices. I Water-related:Z use or activity not intrinsically dependent on a waterfront location such as facilities that __-{Deleted:a I provide water sports equipment and services, restaurants providing water views, recreation vehicle parks, public parks. Water related industry-Water-related industries are those requiring water transportation or those which seek the advantage of water transportation as an alternative to other modes, and those which use or recycle large quantities of water. I Wetland -reaLss identified in the Comprehensive Plan that are inundated or saturated by surface or __-{Deleted: an area or a ground water at a frequency and duration supporting hydrophytic vegetation, including but not limited to swamps, marshes, bogs,and similar areas,and wetlands created for purposes of mitigation.Wetlands do not include artificial wetlands intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road,street,or highway. Wholesale business: Those businesses which sell, broker,transfer, receive or otherwise handle volume commodities for fabrication,resale or internal commercial or industrial consumption. Wood Product Manufacturing The manufacture of wood products,such as lumber,plywood,veneers, __-{Deleted:- wood containers, wood flooring, wood trusses, ,, and prefabricated wood buildings. The production Deleted:manufactured homes(i.e., processes include sawing, planing, shaping, laminating, and assembling of wood products starting from mobile home) logs that are cut into bolts, or lumber that then may be further cut, or shaped by lathes or other shaping tools. Welding:The process of uniting metal parts through heat and/or pressure. Wrecking,Junk and Salvage Yards:Any area, lot, land, parcel, building,structure or part thereof where waste, discarded or salvaged materials are exchanged, handled, bought, sold, baled, packed, stripped, stored, dumped or disassembled, including but not limited to inoperable vehicles, tires, machines or remnants thereof,and/or metals,paper, rags,tires and bottles. Xeriscaping: A planting practice that relies on minimal or no irrigation, eliminating heavily watered landscaping in favor of those that combine low water requirements with plants adapted to the region. Yard:An open space other than a court,on a lot,unoccupied and unobstructed from the ground upward. • Front Yard: An area extending across the full width of a lot and lying in between the front lot line and building setback line. The front yard isi.asuallylhe location of the main entrance to the___--(Deleted:front building and/or its orientation to the primary street. (Deleted:generally • Rear Yard: An area extending across the full width of the lot and lying between the lot rear line , "(Deleted:recognized by and that portion of a proposed or existing building or structure closest to the lot rear line or ; peleted: P:\Community Development\Planning Commission\2007 Meetings- Planning Commission\05-24-07 PC meeting\PC Draft-Definitions 051007.doc Page 29 of 30 Public Hearing Draft—Definitions Uniform Development Code between the lot rear line and the required rear yard depth in each classification when no building or structure exists or is proposed. • Side Yard - That area of a lot, unoccupied, which is neither a front yard, a rear yard nor a flanking street yard. • Flanking Street Yard: That unoccupied area of a lot which is coterminous with a flanking street bounded by the front yard and rear yard and the flanking street yard depth. r Deleted:Youth Camp:The use of a V — site for indoor or outdoor activities for Zero lot line development-A residential development fortsingle family detached where each,iIwellinq is children,including sports,arts and crafts,entertainment,recreation, located in close proximitvvto interior side property line,,with a minimum side yard maintained between "x„ educational activities,swimming, each adjacent residence. `,u` fishing,horseback riding and v`yyv incidental food service. Zone,Zoning District:A use classification,established for the purpose of promoting orderly and efficient 0,, ` , development of land compatible with surrounding areas implementing the Comprehensive Plan. �',,o ,v�Deleted:s ` ,v` vfDeleted:F Zoological Park: Any facility other than a pet shop, circus, +r kennel displ ' , exhibiting or keeping ',,o`,,l , (one or more)species of animals. ®®®® ' ,v"�,, ' Deleted:Residence or grouping of ®® �. , ' �0, Single Family Residences 'see, pv , ®® �. \ ',,\`(Deleted:residence ®®� . ®G `v,v,(Deleted:set races, C� ,\,1 Deleted:the ®®®®®®®. `(Deleted:rather than center of a lot `\(Deleted:s 55 555gym. riser. ®®®®®� 5555, Deleted:Zoning District,Light 5555, ®555, Industrial:A zoning district permitting rases, ®sss. manufacturing and other industrial X55 ®55555555 IP" uses,including the fabrication, s ` is ®sr'55555 transformation,or assembly of ls®®®®®sr 555 products that do not involve the i®®® generation of objectionable noise, ieee odor,vibration,and dust or hazard iees Zoning District,Heavy Industrial:A see ee, 55 zoning district permitting eee manufacturing and other industrial •555 5551 55555555®5. 'is uses,includingmechanical or •eee eeer "reeeeeeea, 9® r5r� •eee eeer '.eeeeee®° chemical transformation of materials dssssssssssrs. •sees or substances into new products, ®5555 5555, sees 441111111. 55 555., sees including the assembling of ®sss 555® •sees component parts,the manufacturing iss5 55sees of products,and the blending of ®®® ®5s •sees materials such as lubricating oils, °555 ®54 ®®®® ®®®® ®:1 •®®° plastics and resins.¶ ®®®® SSs Zoning District,Residential:Zoning ®®®® ®®� districts established for residential ®.55 sss' `purposes 555 55, uss sssr 555 555r 555 555,' 555 555,' 555 555 ' 55555 ' 555 ' P:\Community Development\Planning Commission\2007 Meetings- Planning Commission\05-24-07 PC meeting\PC Draft-Definitions 051007.doc Page 30 of 30