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Agenda 02/23/2006 .. .. ;,Its .,,e. e.' y�„:fAt ,4' �ct+.'eC.a SPOKANE VALLEY PLANNING COMMISSION AGENDA Council Chambers - City Hall, 11707 E. Sprague Avenue February 23, 2006 6:00 p.m. —9:00 p.m. -,..�._. ;• -<�.. a �;��- �. . 4 ..kms+. ��_ <_ P.�... .. . . .. _.,��n.� �, —. _ I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES, February 9, 2006 VI. PUBLIC COMMENT VII. COMMISSION REPORTS VIII. ADMINISTRATIVE REPORT IX. COMMISSION BUSINESS New Business: PUBLIC HEARINGS: (1) Ordinance repealing 14.406 and 14.412, and amending 14.402.140, 14.404.082(5), 14.404.102(2), 14.504.020, 14.504.040, 14.504.060, 14.512.000, 14.702.100(3), 14.706.060 and 14.806.080 Spokane Valley Interim Zoning Code; (2) Ordinance repealing 7.10 and amending portions of 7.05; (3) Ordinance repealing and/or amending portions of 10.30.150-.600 SVMC; (4) Ordinance repealing Spokane Valley Ordinance 05-015; (5) Ordinance repealing portions of 10.30.060 SVMC, removing zones not in use by the City. Old Business Definitions and Use Matrix 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, Assoc. Planner David Crosby Cary Driskell, Deputy City Attorney Ian Robertson Deanna Griffith Marcia Sands www.spokanevalley.orq CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: February 23, 2006 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business X public hearing ❑ information X admin. report ❑ pending legislation AGENDA ITEM TITLE: proposed Ordinance changes related to Zoning Code and Code Compliance. GOVERNING LEGISLATION: SVMC 10.30; SVMC 7.05; SVMC 7.10 PREVIOUS COUNCIL ACTION TAKEN: The City Council has heard a staff presentation on all five proposed ordinance changes, and instructed the Planning Commission to review the proposals and make recommendations on them. Deputy City Attorney Driskell provided the Planning Commission with an overview of the changes in all five documents on January 26, 2006. BACKGROUND: The five proposed ordinance changes will be discussed in the following order: (1) The City has adopted several ordinances that provide procedural guidance for filing appeals to the City's Hearing Examiner, and from the Hearing Examiner to either the Council or Court. Many of the adopted regulations are interim ones that were intended to be replaced when the City had more time to look at tailoring its regulations specifically for the City. When the City adopted several of the replacement ordinances, a few items were missed that should have been repealed, specifically in this instance Interim Zoning Code Chapter 14.412. This proposed Ordinance would accomplish one such housecleaning to preclude ambiguity. Additionally, Interim Zoning Code Chapter 14.406, providing penalties for zoning code violations, should have been repealed in its entirety because of the later-adopted provision of SVMC 10.30.150, et seq.. This Ordinance would accomplish that. (2) When the City originally adopted the nuisance provisions in 7.05, it included penalty provisions. Those provisions are nearly identical to those penalty provisions in 10.30.150, et seq., and this is unnecessary duplication. This proposed action would remove those, and instead make a violation subject to the penalties of 10.30. This action also adds junk vehicles to the nuisance provisions of 7.05, and then repeals in its entirety 7.10 since it is no longer necessary as an independent chapter of the Code. (3) This proposed change seeks to refine the code compliance tools. As our code compliance team have used the code provisions, they have found that some things work well, and others don't. One such tool is the Notice of Violation. This would remove that from the code, as well as prioritizing complaints as they come in. This was necessary when the City was a startup and had a massive backlog of non-compliant properties to be able to respond to them. That backlog has been removed, and all complaints are treated the same. (4) This Ordinance repeals, for now, 05-015, the Ordinance renumbering specific sections of the SVMC. The City staff is in the process of developing an entirely new development code to be considered by the City Council. This numbering system will be used, at least in part, in the development of this code. However, it currently creates conflict between existing sections of the code and could confuse code users. The ordinance is being repealed to assist in an orderly transition to the new UDC. (5) In adopting the entire Spokane County Zoning Code as our Interim Zoning Code, a number of zone designations were adopted that were not applicable to the City of Spokane Valley. Other sections were sections adopted by the county but never used or applied by the City of Spokane Valley. This ordinance will simply repeal those chapters that are not applicable. OPTIONS: Review and recommend approval or non-approval as drafted or amended. RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: NA STAFF CONTACT: Cary P. Driskell, Deputy City Attorney; Mike Connelly, City Attorney ATTACHMENTS: (1) Ordinance repealing 14.406 and 14.412, and amending 14.402.140, 14.404.082(5), 14.404.102(2), 14.504.020, 14.504.040, 14.504.060, 14.512.000, 14.702.100(3), 14.706.060 and 14.806.080; (2) Ordinance repealing 7.10 and amending portions of 7.05; (3) Ordinance repealing and/or amending portions of 10.30.150-.600; (4) Ordinance repealing Ordinance 05-015; (5) Ordinance repealing portions of 10.30.060, removing those zones not in use by the City. CITY OF SPOKANE VALLEY SPOKANE COUNTY WASHINGTON ORDINANCE NO.06- AN ORDINANCE OF THE CITY OF SPOKANE VALLEY,WASHINGTON, AMENDING SPOKANE VALLEY MUNICIPAL CODE SECTION 10.30.060 AS FOLLOWS; REPEALING CHAPTERS 14.406 AND 14.412; AMENDING CHAPTERS AND SECTIONS 14.402.140, 14.404.082(5), 14.404.102(2), 14.504.020, 14.504.040, 14.504.060, 14.512.000, 14.702.100(3), 14.706.060,AND 14.806.080 OF THE CITY'S INTERIM ZONING CODE PERTAINING TO ENFORCEMENT AND ADMINISTRATIVE APPEALS,PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City adopted Ordinance 03-078 which amended Interim Zoning Code Section 14.406 by providing enhanced regulations for abating Zoning Code violations. The City later adopted Ordinance 04-013,which expanded the applicability of the regulations originally adopted in Ordinance 03-078 to make them apply to other types of violations beyond zoning issues, which was later codified as SVMC 10.30.150 - .650. The provisions of Interim Zoning Code Section 14.406.005 through 14.406.660 relating to zoning enforcement, codified under SVMC 10.30.060, were never repealed and are in conflict with the later-adopted provisions under SVMC 10.35.150-.650; and WHEREAS, the City adopted Ordinance 03-053, which adopted an Interim Zoning Code, which was later codified as SVMC 10.30.060 - 100; and WHEREAS, the City's Interim Zoning Code contains provisions relating to procedural requirements for appeals of administrative determinations by staff, and for appeals of determinations by the hearing examiner to the City Council; and WHEREAS, the City also adopted Ordinance 03-057 to provide authority and direction to the hearing examiner,which was later codified as SVMC 10.35; and WHEREAS, the City also adopted Ordinance 03-060, which adopted by reference the Spokane County Application Review Procedures for Project Permits as the City's interim procedures for such actions,which was later codified as SVMC 10.35.170; and WHEREAS, the City subsequently amended SVMC 10.35.150 through Ordinance 05-021, to adopt specific procedural requirements for any appeal of a hearing examiner decision to the City Council; and WHEREAS, the provisions relating to appeals of administrative determinations adopted in 03-053 are in conflict with the later adopted provisions in 03-060 and 05-021; and - 1 - WHEREAS, the City Council now desires to repeal or amend those previously adopted provisions in Spokane Valley Interim Zoning Code that conflict with the later- adopted provisions; and WHEREAS, the proposed action is exempt from requirements under the State Environmental Policy Act pursuant to WAC 197-11-800(19) WHEREAS, it is the intent of the City Council for the City of Spokane Valley to repeal interim Zoning Code Chapters 14.406 and 14.412, as adopted by SVMC 10.30.060, in their entirety because they conflict with later-adopted provisions. Other provisions in the City's interim Zoning Code cite to the appeal provisions that would be repealed by this action. As such, those other provisions citing to interim Zoning Code section 14.412 must also be amended to reflect a new reference to the applicable appeal provisions adopted by the City in Ordinance 03-060, codified as SVMC 10.35.170. NOW THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as follows: Section 1. Spokane Valley Municipal Code section 10.30.060, which codifies the City's Interim Zoning Code, is amended as follows: 1. Repealing Spokane Valley Interim Zoning Code Chapter 14.406. Spokane Valley Interim Zoning Code Chapter 14.406, which includes Subsections 14.406.005 through 14.406.660, is repealed in its entirety. 2. Repealing Spokane Valley Interim Zoning Code Chapter 14.412. Spokane Valley Interim Zoning Code Chapter 14.412, which includes Subsections 14.412.000 through 14.412.042, is repealed in its entirety. 3. Amending Spokane Valley Interim Zoning Code Section 14.402.140. The action of the Hearing Examiner on a zoning map amendment, pursuant to Section 14.402.100(1), shall be considered final and conclusive unless an appeal is filed with the Council under procedures set forth in Section 14.412.042. Upon receipt of any such appeal, or request for review, the Council shall at its next regular meeting set the date for public hearing with notice as provided in Section 14.402.160(1) and by the Clerk of the Council notifying all property owners and taxpayers within a four hundred (400) foot periphery of the subject site, including any access easement(s) serving the site,by mail at least fifteen (15) days prior to the hearing, moreover the Director may cause the action of the Hearing Examiner to be reviewed by the Council under procedures set forth in SVMC 10.35.150-Section l441��42. Consideration of the Council at this hearing shall be"de novo". Upon conclusion of its hearing, the Council may adopt, modify conditions of approval or deny the proposed map amendment,and it shall adopt its own findings of fact and statement setting forth the factors considered at the hearing and its own analysis of findings considered by the Council. -2 - 4. Amending Spokane Valley Interim Zoning Code Section 14.404.082(5). The following conditions and requirements pertain to a variance. (5) The Hearing Examiner shall make available to all parties of record its decision, along with findings of fact and conclusions. The action of the Hearing Examiner on a variance shall be considered final and conclusive unless an appeal is filed under the procedures set forth in Section 11.112.012SVMC 10.35.170. 5. Amending Spokane Valley Interim Zoning Code Section 14.404.102(2). The Hearing Examiner shall make available to all parties of record its decision, along with findings of fact and conclusions. The action of the Hearing Examiner on a conditional use shall be considered final and conclusive unless an appeal is filed with the appropriate body under the procedures set forth in SVMC 10.35.170 Section 11.112.0'12; 6. Amending Spokane Valley Interim Zoning Code Section 14.504.020. A request for interpretation of a zoning map or arterial/road map by the Department with respect to the location of any boundary line between zoning classifications or specifics of the arterial/road by any interested citizen or public official must be made in writing. A determination shall be made by the Director, and the ruling or interpretation shall be submitted in writing to the person submitting the request. Such interpretations or rulings are appealable under the provisions of SVMC 10.35.170 Section 14.112.011. 7. Amending Spokane Valley Interim Zoning Code Section 14.504.040. The following alterations or additions to the approved site development plans for zone reclassifications, arterial/road change or conditional use permits are deemed to be minor in nature and may be approved administratively by the Department if the changes are not contrary to the adopted findings and conditions: 1. Additions to buildings, provided that the increase in floor area is less than ten percent (10%) of the total floor area of all buildings on the approved site development plan and the addition(s) does not exceed allowable densities of the underlying zone or requirements governing building coverage; and/or 2. Minor adjustments to building or structure locations, provided that the density or intensity of use is not increased and does not significantly affect adjacent uses; and/or 3. Changes in parking areas, provided that adopted regulations and conditions are met; and/or 4. Modifications in landscape plans, provided that required percentages of landscaping or open space are not reduced below those prescribed in this Code or as approved by the Hearing Examiner; and/or 5. Changes in use for a zone classification, provided that documentation is submitted that the impacts and intensity of the proposed use are equal to or less in nature than the originally approved use or the surrounding land use as determined by the Zoning Administrator. - 3 - 6. The change meets the purpose of the Arterial/Road Overlay text and map and the County Engineer Public Works Director indicates the change(s) will meet roadway design and construction standards and will not diminish the function of the existing or future roadway. Changes to approved site development plans other than those listed above will require a public hearing before the Hearing Examiner. Any person aggrieved by an interpretation regarding the five (5) circumstances listed above may appeal said interpretation to the Hearing Examiner under Section 11.112.011S VMC 10.35.170. 8. Amending Spokane Valley Interim Zoning Code Section 14.504.060. The granting or denying of an administrative exception pursuant to Chapter 14.506 is an administrative determination subject to appeals as specified in SVMC 10.35.170 Section 11.112.011. 9. Amending Spokane Valley Interim Zoning Code Section 14.512.000. Application for the types of administrative actions described in Chapter 14.500, Administrative Procedures, shall be made to the Department on forms provided for that purpose. Any decision by the Department should be made within thirty (30) days of receipt of a complete application and may include provisions to mitigate project impacts. These decisions shall be subject to appeal to the Hearing Examiner under procedures outlined in SVMC 10.35.170 Section 14.412.011. 10. Amending Spokane Valley Interim Zoning Code Section 14.702.100(3). Any person aggrieved by an administrative approval or denial of a height variance by the Planning Director may file an appeal pursuant to SVMC 10.35.170 Section 11.412.041. Notice of public hearing shall be as provided for in Section 14.402.140. The decision of the Hearing Examiner shall be appealable to the superior court Council pursuant to SVMC 10.35.110(A)(1) Section 11.412.012. 11. Amending Spokane Valley Interim Zoning Code Section 14.706.060(3). The following process shall be used to determine whether or not critical materials are involved. a. An initial screening will be performed by the Director of the Designated Department by comparing the proposed use, and upon request by said Director, other pertinent information as provided by the proponent at his/her expense with the Critical Materials Activity List. The Director shall exercise any discretion in judgment in favor of Aquifer protection. i. If the proposed use is judged to be on the Critical Materials Activity List,the Director shall notify the applicant, in writing,that the proposed activity has been tentatively designated a Critical Materials Use Activity and shall require the applicant to provide the Department with a list of materials, including quantities,to be used, handled, stored or transported as associated with the proposed activity. Additional information shall also be provided by the proponent at his or her expense if requested by the Director. -4 - ii. After the review of the information supplied by the applicant, the Director may confirm the designation as a Critical Materials Use Activity or nullify the tentative designation. iii. The applicant may respond by accepting the designation as a Critical Materials Use Activity or may appeal, in writing, within twenty (20) calendar days, the designation to the Hearing Examiner, pursuant to the provisions of SVMC 10.35.170 Section 1'1.112.011 of this Code. aa. The DOE, the DSHS, and the Spokane County Regional Health District shall be notified of all hearing proceedings, and legal advertising consistent with Sections 14.402.160(1) and 1'1.'112.0'11 SVMC 10.35.170 shall be accomplished. bb. The Hearing Examiner shall have the authority to request additional information from either the appellant or the applicant, as appropriate, and at their expense. cc. In appeal proceedings, substantial weight shall be given to the Director's decision. iv. If the proposed use is not on the List, the Director may designate the activity as not involving critical materials or may exercise (v) below. v. If the Director has reason to believe that, even thought the proposed use is unlisted, critical materials may be involved, the Director shall act to designate the proposed use as a Critical Materials Use Activity and proceed as in 3(a)(i) above. The Director may consult with such persons as may be appropriate to assist in the determination. The Director may eventually designate the activity as a Critical Materials Use Activity. The process would then proceed as in 3(a)(ii) above,and the applicant may respond as in 3(a)(iii) above. vi. If the applicant does not have a specific proposal, the Director shall recommend that the action be conditioned, or shall so condition a license/permit,with the performance criteria of Section 14.706.080 for all future uses. If conditioned approval is granted,the Director shall review and approve the project prior to occupancy. 12. Amending Spokane Valley Interim Zoning Code Section 14.806.080(2). The decision of the Department regarding alternative landscaping shall be final unless an aggrieved person appeals that decision to the Hearing Examiner under the provisions of SVMC 10.35.170.-procedure outlined in Section 1/.412.011. The remainder of the Spokane Valley Interim Zoning Code is unaffected by this action. Section 2. Severability. If any section, subsection, sentence or clause of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining provisions of this chapter. Section 3. Effective date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. - 5 - Passed on this _day of February, 2006. Mayor,Diana Wilhite ATTEST: City Clerk, Christine Bainbridge Approved As To Form: Office of the City Attorney Date of Publication: Effective Date: - 6- CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 06- AN ORDINANCE OF THE CITY OF SPOKANE VALLEY,WASHINGTON, REPEALING SPOKANE VALLEY MUNICIPAL CODE CHAPTER 7.10 RELATING TO JUNK VEHICLES IN ITS ENTIRETY; REPEALING AND AMENDING SECTIONS OF THE SPOKANE VALLEY MUNICIPAL CODE SECTIONS 7.05.010-200 RELATING TO NUISANCES, SPECIFICALLY AMENDING SECTIONS 7.05.020,030,040,050,AND 060,AND REPEALING SECTIONS 7.05.070,080,090, 100, 110120, 130, 140, 150, 160, 170, 180, 190,AND 200. WHEREAS, the City of Spokane Valley adopted Ordinance 03-083 regulating nuisance conditions on public and private property. Ordinance 03-083 was subsequently amended by Ordinance 04-038 and Ordinance 05-014; and WHEREAS, the City adopted Ordinance 04-013 regulating compliance with code provisions; and WHEREAS, the two Ordinances were subsequently codified as SVMC 7.05.010- 200 and SVMC 10.30.150-600 respectively;and WHEREAS, the provisions of these contain some duplicative sections, contain verbiage no longer consistent with City ordinances and procedures, and require revisions to ensure consistency and clarity; and WHEREAS, the City adopted Ordinance 03-067 regulating the keeping of junk vehicles on private property,which was subsequently amended by Ordinance 04-009;and WHEREAS, Ordinance 03-067, as amended by Ordinance 04-009, was subsequently codified as SVMC 7.10; and WHEREAS, the provisions of SVMC 7.10 address public nuisance issues, and should therefore be included in SVMC 7.05; and WHEREAS, the following changes are necessary to protect the health, safety, welfare of the general public and the environment; NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as follows: Section 1. Spokane Valley Municipal Code Chapter 7.10 is repealed in its entirety. - 1 - Section 2. Spokane Valley Municipal Code sections 7.05.010-200 are hereby amended and/or repealed as set forth below. 7.05.010 Purpose and intent. The purpose and intent of this chapter is to create and maintain a safe and healthy environment for the citizens of the City by identifying and reducing the conditions that contribute to injury, illness, devaluation of property, and the incidence of crime through the existence of nuisance conditions on public and private property. (Ord. 03-083 § 1, 2003). 7.05.020 Definitions. "Abate" means to take whatever steps are deemed necessary by the director to assureensure that the property complies with applicable nuisance ordinance requirements. a.v.....v++ay... .++...� +.+va u�.v, vu. +v ++vr vv, +v.+...v+.........v.., .....a+v++...v.+, +v.+.v•w+, replacement or repair. "City"means the City of Spokane Valley, Washington. "Code compliance officer" means a regular or specially commissioned officer so designated by the director of community development for the City. "Days"will be counted as business days when five or fewer days are allowed to do an act required by this chapter. "Days" will be considered calendar days when more than five days are allowed to do an act required by this chapter. "Determination of compliance" means a written statement from the director that the director has reviewed evidence to determine that the violation(s) has been sufficiently abated as to the nuisance violation(s) stated in the voluntary compliance agreement; rietice-of-vielation;or notice and order. "Director" means the community development director for Spokane Valley, or his/her designee. "Found in violation"means that: 1. A citation or notice and order has been issued and not timely appealed; 2. A voluntary compliance agreement has been entered into; or 3. The hearing examiner has determined that the violation has occurred and such determination has not been stayed or reversed on appeal. "Hearing examiner"means the City of Spokane Valley hearing examiner, as provided by Chapter 10.35 SVMC as adopted or hereafter amended. - 2 - "Impound," for the purposes of this chapter, means to take and hold a vehicle in legal custody. "Inoperable" means incapable of being operated legally on a public highway. including. but not limited to, not having a valid, current registration plate or current certificate of registration. "Junk vehicle" means a vehicle substantially meeting at least three of the following criteria: A. Is three years old or older; B. Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield, or missing wheels, tires. motor, or transmission; C. Is apparently inoperable; D. Has an approximate fair market value equal only to the approximate value of the scrap in it. "Mitigate" means to take measures, subject to City approval, to minimize the harmful effects of the nuisance violation where remediation is either impossible or unreasonably burdensome. "Nuisance" means the unreasonable or unlawful use by a person, of real or personal property, or the unreasonable, indecent or unlawful personal conduct which materially interferes with or jeopardizes the health, safety, prosperity, quiet enjoyment of property or welfare of others, offends common decency or public morality, or obstructs or interferes with the free use of public ways,places or bodies of water. "Person" means any individual, association, partnership, corporation or legal entity, public or private, and the agents and assigns of such individual, association, partnership, corporation or legal entity. "Person responsible for a nuisance violation"means the person who caused the violation, if that can be determined, and/or the owner, lessor, tenant or other person entitled to control, use and/or occupancy of the property where the nuisance violation occurs. "Person(s) responsible for a junk vehicle nuisance violation"means: A. The land owner where the junk vehicle is located as shown on the last equalized assessment roll; and B. The last registered owner of the vehicle, unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101; and C. The legal owner of the vehicle. "Remediate" means to restore a site to a condition which does not pose a probable threat to the general public health, safety or welfare. - 3 - "Vehicle," for the purposes of SVMC 7.05.040(R), includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon apublic highway, including bicycles. The term does not include devices other than bicycles moved by human or animal power or used exclusively upon stationary rails or tracks, as set forth in RCW 46.04.670. (Ord. 03-083 § 2,2003; Ord. 04-009 § 2, 2004; Ord. 03-067 § 2, 2003). 7.05.030 ComplianceEnforeement,authority and administration. A. In order to discourage public nuisances and otherwise promote compliance with applicable nuisance ordinance provisions, the director may, in response to field observations or reliable complaints, determine that nuisance ordinance violations have occurred or are occurring, and may utilize any of the compliance provisions contained in SVMC nuisance violations; 2. Issue notice of violation and assess civil penalties as a. •: ' . . -• - • . • ; this chapter; authorized by-this chapter; service in lieu of paying civil penalties as . •. ' - . . .e . ' ! = ; . . . . . :ns as a misdemeanor misdemeaner-offense, T'T-he-preyed. - - • . . . ' . - . . . . C. In addition to, o . • ' • :, • • • •• . • • • - •• •• •;tom 9. - . .. . :, . - :, . . •• ,ti .. . . his chapte , by 1-: . _ •• • -.. •• .. '- _.. . - se-o€-the city attorney. -4 - -. - .. ••-• - _ •- . . - . . - , -. . • . -all have the authority to are not jurisd' . , . • •- . - -- .. .. • . .. - . . . , H. The director may, upon presentation of proper credentials, with the consent of the • - - • -- - -• , -. . ..• . . . ••• - . .'eet-te . constraints on entry, and theholdings of the relevant court cases regarding entry. The or other JB. The director is authorized to determine, based upon past complaints regarding a property, subsequent field investigations, and other relevant criteria, whether a complaint is reliable. If the director determines a complaint is not reliable, the director is not obligated to conduct a field investigation. (Ord. 03-083 § 3, 2003). 7.05.040 Nuisances prohibited. No person, firm, or entity shall erect, contrive, cause, continue, maintain, or permit to exist any public nuisances within the City. Prohibited public nuisances include, but are not limited to: A. Vegetation. 1. Overhanging limbs or branches that are less than eight feet above a public walkway or sidewalk, or less than 14 feet above a public street. - 5 - 2. Vegetation that obstructs or hinders the use of any public walkway, sidewalk, or street, or that obstructs or obscures the view of traffic or traffic control devices, pursuant to clear-view triangle policies adopted by the City: : -: • - •- 3. Any growth of noxious weeds or any toxic vegetation shall be subject to Chapter 16-750 WAC as currently adopted and hereafter amended. B. Buildings, Structures,Fences. 1. Buildings or portions thereof which are deemed dangerous by the Spokane Valley building code (currently adopted Uniform Code for the Abatement of Dangerous Buildings); provided, that such conditions or defects exist to the extent that the life, health,property or safety of the public or the structure's occupants is endangered. 2. Any fence that obstructs or obscures the view of traffic or traffic control devices, pursuant to clear-view triangle policies adopted by the City. remulgated b=ane C. Sidewalks. 1. Any protrusion, awning, or overhang that inhibits or obstructs use of a public walkway or sidewalk. 2. Any object, construction, or damage that inhibits or obstructs the surface use of a public walkway or sidewalk. 3. Snow or ice not removed from a public sidewalk within a reasonable time. 4.Accumulations of dirt or debris not removed from a public sidewalk. D. Unauthorized Signs. Any sign not in compliance with the City's currently adopted sign code. 1. All unauthorized signs, signals, markings o : . . • .• • - 2. All unauth: ' _ , , - . . . - . . - • . E. Building and Construction Materials. Accumulations, stacks, or piles of building or construction materials not associated with a current,in-=progress project including metal, wood,wire, electrical or plumbing materials in disarray or exposed to the elements on the property. This provision does not apply to a designated contractor's yard, as defined in the currently adopted Spokane Valley Zoning CodeChapter 11.300 of the Spokane County zoning-cede. F. Fire Hazards. Stacks or accumulations of newspapers, dead vegetation (excluding properly maintained compost piles), cardboard, or other paper, cloth, or wood products left in a manner that could pose a substantial risk of combustion or the spread of fire. -6 - G. Toxic or Caustic Substances. Improper storing or keeping of any toxic, flammable, or caustic substances or materials. H. Smoke, Soot, or Odors. The escaping or emitting of any unnecessary or harmful smoke, soot, fumes, or gases or odors offensive or harmful to persons of ordinary sensibilities. I. Bodies of Water. 1. Except for City-approved structures related to storm drainage systems, all stagnant, pooled water in which mosquitoes, flies or other insects may multiply. 2. The polluting of any waterway, well, or body of water not subject to the jurisdiction of the Spokane (Regional Wealth dDistrict. J. Garbage, Recyclables, Compost, and Infestations. 1. Garbage not kept in a proper receptacle with a tight-fitting lid. 2. Accumulations of broken or neglected items, litter, salvage materials, and junk not in an approved enclosed structure, in the front, back, or side yards of the property. 3. Recyclables not properly stored and regularly disposed of. 4. Creating or maintaining accumulations of matter, including foodstuffs, that harbor or are an attraction for the infestation of insects or vermin; failing to eliminate such infestations; or failing to eliminate intrusive insects. K. Furniture and Appliances. 1. All broken or discarded household furniture, furnishings or equipment, or any appliances not in an approved enclosed structure, in the front, side, or back yard of a property. 2. All accessible refrigeration appliances not having the doors secured or removed, or any enclosure that can entrap humans or animals. L. Holes, Pits, and Excavations. All uncovered holes, pits, or excavations not marked or guarded that are in excess of 10 or more inches in width at the top and four feet or more in depth. M. Machinery and Equipment. Broken, inoperable, accumulations of, or parts of machinery or equipment not in an approved enclosed structure, in the front, back, or side yards of the property. This section excludes nuisance vehicles that are regulated by Chapter SVMC 7.4-005.040(R) SVMC. N. Attractive Nuisances. Any accessible attractive nuisance to children including, but not limited to, unattended machinery or equipment, unsecured abandoned or vacant buildings, open and unattended vehicle trunks, or other unguarded conditions or situations that could injure or trap a child. - 7 - O.Noise. 1. Any noise or sound that intrudes into the property of another person that exceeds the maximum permissible noise levels as established in WAC 173-60-040, as currently adopted and hereafter amended. 2. The frequent,repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted by law. 3. The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off- highway vehicle or internal combustion engine within a residential zone, so as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property. 4. The noisy operation of any automobile, truck, motorcycle or other vehicle in such a nonemergency manner to cause the squealing of tires by the rapid acceleration of the vehicle;the loud and continuous grinding,thumping or grading noises from trucks or muffled compression braking of trucks; the sound from any motor vehicle audio sound system such as tape players, radios, and compact disc players at volumes so as to be audible greater than 50 feet from the vehicle itself; and loud, excessive engine or exhaust noise from unmuffled vehicles or vehicles operating with inadequate muffler systems to prevent unreasonably loud noises. P. Dust. Disturbing the topsoil of any land area, or permitting the same, by any person without taking affirmative measures to suppress and minimize the blowing and scattering of dust so as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property. This provision does not include permitted agricultural activities as legal nonconforming uses or permitted agricultural activities in General Agricultural zones. Q. Nuisance Premises. Any premises or structures allowing or maintaining prostitution, lewd behavior, underage consumption of alcohol, the harboring of juvenile runaways or wanted persons, or where there is the use, sale, manufacturing or distributing of any narcotic or controlled substance, or at which there is a pattern of criminal activity, are prohibited nuisances. (Ord. 03-083 § 4,2003). R. All junk vehicles, or parts thereof, placed, stored or permitted to be located on private property within the City limits are public nuisances to be abated as provided in this chapter. (Ord. 04-009 § 3, 2004; Ord. 03-067 § 3, 2003). I. This chapter does not apply to: a. A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; - 8 - b. A vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer. and is fenced according to the provisions or RCW 46.80.130; c. A junk vehicle does not include a vehicle which is in the process of being repaired, as evidenced by the good faith efforts of the vehicle owner. This exception shall include having up to one "parts" vehicle, from which parts are being salvaged concurrent with the repair process for the vehicle being excepted from compliance in this section. Good faith efforts of repair can include producing invoices showing work or parts purchased for repair or renovation within 30 days prior to issuance of the notice of violation, or a declaration under penalty of perjury that the vehicle is in the process of being repaired and has been worked on within 30 days prior to issuance of the notice of violation. This exception allows up to 60 days for good faith repair. Upon good cause shown, the director shall have the discretion to grant one additional 60-day exception period to this chapter. Under no circumstance shall any good faith efforts of repair extend for more than 120 days, after which time this exception shall no longer apply. This exception shall apply to one vehicle and one parts vehicle per parcel of land per calendar year. d. There shall be allowed as exceptions to this chapter up to two junk vehicles in UR-3.5 and UR-7 zones. so long as they are completely sightscreened by maintained Type I or II landscaping, a maintained landscaped berm, or fencing, as may be required in the currently adopted Zoning Code. . - -- Junk vehicles allowed by this exception are restricted to only the UR-3.5 and UR-7 zones. (Ord. 04-009 § 4, 2004; Ord. 03-067 § 4. 2003). 7.05.050 Initial investigation. A. Upon receipt of a complaint- •• -•- • •- • -= = : -=" •• , field verification should be made if possible prior to, concurrent with, or shortly after notifying the person responsible for the nuisance violation or alleged nuisance violation. o .• , . - - . •d—should—ask—the—recipient to contact the-persen issuing the letter. B.Advising interested parties of receipt of complaint and/or field investigation: 1. The person responsible for the nuisance violation should be advised of any complaint, by personal contact, phone, posting and mail (return receipt requested). The letter should state that a violation may have occurred, but has not been verified, and should ask the recipient to contact the person issuing the letter. 2. The complainant should be contacted by phone and, if possible, in person during the field visit. - 9 - C. The director will record all violations in a database system, including a list of all actions taken on the complaint. D. To the extent possible, the director shall check the City's records and the records of other agencies for previous violations on the site of the alleged violation or by the owner or occupant of the site or such other person as may be responsible for the nuisance violation. E. Staff undertaking field investigations shall comply with the provisions of this chapter regarding right of entry. (Ord. 03-083 § 5,2003). 7.05.060 Procedures when probable nuisance violation is identified. A. The director shall determine, based upon information derived from sources such as field observations, the statements of witnesses, relevant documents and data systems for C codes and z. violation has occurred. As soon as the director has reasonable cause to determine that a violation has occurred, he or she shall document the violation and promptly notify the person(s)responsible for the nuisance violation. B. Except as provided in subsection D of this section, a warning shall be issued verbally or in writing promptly when a field inspection reveals a violation, or as soon as the director otherwise determines a nuisance violation has occurred. The warning shall inform the person determined to be responsible for a nuisance violation of the violation and allow the person an opportunity to correct it or enter into a voluntary compliance agreement as provided for by this chapter. Verbal warnings shall be logged and followed up with a written warning within five days, and the site shall be re-inspected within 14 days. C. The guidelines set forth for warnings, notifications and re-inspections are not jurisdictional, and failure to meet them in any particular case shall not affect the City's authority to enforce nuisance provisions with regard to that case. D. No warning need be issued in emergencies, repeat violation cases, cases that are already subject to a voluntary compliance agreement, cases where the violation creates, or has created, a situation or condition that is not likely to be corrected within 72 hours, or when the person responsible for the nuisance violation knows, or reasonably should have known,that the action was a nuisance violation. E. Notice and orders should be issued in all cases where the director determines that the violation is unlikely to be fully corrected within 72 hours. F. The director shall use all reasonable means to determine the person actually responsible for the nuisance violation occurring when the property owner has not directly or indirectly caused the violation. - 10 - G. If the violation is not corrected, the director shall utilize the enforcement provisions contained in SVMC 10.30 as adopted or hereafter amended to obtain compliance with the applicable code provisions., . . . . • . . '. _ ••--• - ' . . - - • ••- vi .l ati H. All complainants will be asked by staff at the time the complaint is filed whether they wish to be kept advised of compliance enforcement efforts. Any complainant who provides a mailing address and requests to be kept advised of compliance enforcement efforts should be mailed a copy of all written warnings, voluntary compliance agreements, notice ^r'violations, and notice and orders issued by the director with regard to the alleged violation. Any complainant may appeal a determination of nuisance ordinance compliance issued by the director pursuant to SVMC.7.05.19010.30.560. (Ord. 03-083 § 6, 2003). • • _. •:, •• . . . . - - - - . - . . • .ry compl i-anee agreement as provided for in this chapter: ' .. - . . • .. •• - - . - • •- • ' - •- • •.-, - - . - : orastop work order and before an appeal is decided pursuant to SVMC 7.05.190; 2. Upon entering into a voluntary compliance agreement, a person responsble-fer- time period for compliance, as determined by the director. An extension of the time limit for compliance, or a m::' . • •• -:uired corrective action,may-be granted by the director if the p• -• • •- •• • - •' •• . - •. • •- - ' d-i+igen . - . . _ • _- - - . . -•, -. - . full and timely compliance under the original conditions unattainable. Any such who signed the original voluntary compliance agreement; and person( s) responsible for . .• - - • - •• - . - - • - - • .• ' '' - 11 - 1. Th-- -- . . .:: • . .: - • nuisance violation; 2. The address or other identification of the location of the violation; . • •- . . . . -- - . • . : :-(s) of this chapter which has been violated; '1. A description of the necessary corrective action to be taken and identification -- .. • . " • •• - . . '. - -- st be completed; - .. - -• - • . -- e property and inspectthe „ices as necessary to determine compliance with the voluntary compliance agreement; 6. That a civil penalty in the amount of $250.00 will be imposed pursuant to SVMC 7.05.140(A)(1) if the voluntary compliance agreement is not satisfied; 7. An acknowledgement that if the director determines that the terms of the velunt r) . '. _ ..... •- , • .. _ . . ' . property, p• -- •- . _ .. •---- -• . . - . by the City to achieve compliance a-: . ... - - . . - • • . .: fees and costs; 8. An acknowledgement that if a penalty is assesses, .-: • . . - fec or cost is net-paid- the director may charge the-unpaid amount as a lien against the for-the nuisance violation, and that the unpaid amount—may—be a joint and-sever-al . .. '_ . • .. • -- ." ce violation; 9. An acknowlcdgem-- . -- - •- •• -- - • • - agreemen-t-thc person responsible for the nuisance violation there-by-admits-that the-eon:• : : . : •- •• : . . • . :ban ,.. . - • . . • eenstituted a nuisance violationand 10- An—acknowledgement that the person responsible for the nuisance violation and - . •- . -- • • • : .e served-with-a-n: • . . -etice and-order for-an- ielation identified in the . . - - '. • .b -• •_ . .. -•-• . •. ..:cal any such notice of violation or-notice and order, and that--h ' is k-nugly_ voluntarily an: •- • • .• •ng-those rights. C. Failure to Meet Terms. 1. If the terms of the voluntary compliance agreement a • •• ••- ••: an extension-oftime has net-been-granted-the-dli the-property and ---summarily abate he violation in accordance with the provisions of the voluntary - eem,•plia, •• • . -he-person responsible for complianee may- without amount of $250.00, plus all costs incurred by-the City to pursue compliance-and-to ab. - • • . . •. . . - •. .. •. • - . . . :mpliance agreement is notice and ord- . . . • - - - - .. - •- . •. . . •.• - - 12 - order. 2. The director may issue a notice of violation or notice and order for failure to meet the terms of a voluntary compliance agreement. (Ord. 03 083 § 7, 2003). 7.05.080 Notice of violation Civil monetary penalty. • . . .. - - . -- - !.!! • . . .• • .ensi-ble a B. Effect. 1. A notice of violation represents a determination that a nuisance violation has occurred and that the named party is a p- • • .. - . .. • • • 2. A notice of violation subjects the perso- - .. . • .' - . . •. • the civil penalties prescribed by subsection A of this section. or appeal the notice of violation pursuant to the procedures in SVMC 7.05.190. violation existed an: : ' . - . _ . •.•, . -d that the named party is liable as a person responsible for a nuisance violation. all persons responsible for a nuisance violat':• . . - - •- • - - ••• - - v-i-elatien. The office of the city attorney, on b• -. - - ..- • . • , may collect the civil penalties assessed by any appropriate legal means. 6. Issuance of a notice of violati: •-•• - -• - - ' • - - • tiee and-or-dcrrsen res.:• •: - .' . • •. . this chapter. property by commonly used locators; - 13 - 5. A statement that the notice of violation represents a deten,,ination that a penalt- 6. A statement of the amount of the civil penalty • :, •• •• •- • . •• penalty must be paid within 20-days, if net appealed pursuant to SVMC 7.05.190; 7.A statement of the corrective or abatement action required to be taken; ! • • • • 9. A statement advising that a failure to appea • . • • -• • •• ' liable as a person responsible for a nuisance violation; and the office of the city attorney for prosecution as a misdcm•+ •: :. •. • . - 7.05.180. 1. The director may add to, revoke in whole or in part, or otherwise modify a • .. • - - • . :I. • - • - : •e same procedures and time 2. The director may issue a supplemental-notice-of-viola •-•, • • - . •- • • violation issued under this chapter: b:`:1-hencvcizhere--is-ncwu„i rfnati: • . _ . • . - lances;or . .. . • . -• • I ! I !*! - - 14 - the issuance of a notice and order. B. Effect. 1. A notice and order represents a determination that a nuisance violation has occurred, that the named party is a person responsible for a nuisance violation, and penalties and other remedies that may be specified in the notice and order. pursuant to a notice and order, the director shall impose a minimum civil monetary . •- -. . .. • - 11.11 - , e 4 ! • :uthecizes additional civil monetary penalties as set forth in that section. procedures described in SVMC 7.05.190. render the notiec and order a final determination that the co- - •- -- notice and order existed and constituted a nuisance violation, and that the named 5. Issuance of a notice and order in no way—li ' . - - - ' • • - • _ • pursuant to this chapter. 2. A legal description o - • -::]Fane County tax parcel number where the violation occurred or is located, or a description identifying the property by commonly used locators; additional civil monetary penalty is being assessed pursuant to SVMC . ! • :.•: _.• - ! -. - - • • - the notice and order; also be assessed against the person to whom the notice and order is directed; • - 15 - 8. A statement of the corrective or abatement acti:• -- : . .• .. - - . •- • to be done,and charge the costs thereof as a lion against th -property and as-a joint • .. - ..• . • . , - • • .. . . • any record or equitable title in the property against • - - : • . - - • . . • . . . • . . . . .• , .. .. •! . !; applicable duty to notify the director of any acti:- .. • • I ••- liance • th the notiee-and order-;--and 14. A statement advising that a willful and-knowing-viol. •. • .• - • -• - • - - -• - -- .. ' :1. . •• •. . . . - . - . - .. -, . . . • • .. . notice and ord• • . •• • • • • - ••• • • •oticc and order. The •..• . .. • . . - : • • . . . . ed i.. this chapter. order--i . . . •. . . • . a. If the-original n: '- . - . • • : e. If a party to an o :• • •• •- . . - 16 - for modification or revocation. by the director at any time far the .. .. • ' • . • - - • -• concerned persons and providing a forum : -- - - . •: : . • •: . •- - F. Abatement. In addition to, or as an alternative to, any other judicial or administrative remedy, , a' . as 7.05.100 Abatement. In a:: : •- • •• -•• . -- • • • - • • - - •:ed in this chapter, the City may A. Emergency Abatement. When- . - :• •:•, • - • : • '• -- • - - constitutes an immediate threat to the public health, safety or welfare or to the condition. Notice of such abatement, including the r-uson for it, shall be given to the • . • •. - - •- . . .. . . - -. •- • . • . ..• -meat. a condition which continues to b• • •- • •- - • • • - ' - - - '-' -hod-s--ef • . a e 7.05.110 Service Notice of violation, notice and order. A. Service of a notice of violatien—er—netice--and order shall be made on a person 1. Personal service of a notice of violation or notice and order may be made on or by leaving a copy of the notice of violation or notice and order at the person's by posting the notice a •- •-• - - • • • : - : . • a•- -• - • . -- property where the violation occurred and concurrently mailing notice as provided - 17 - 3. Service by mail may be made for -: • - . •: . •. . • . otice and order by mailing two copies, postage prepaid, one . : . . •- by ccr•tifi - -- _ . ;;• • - .• . • •. • •s' . known address, at the address of the viol. -, . •- .•: - - -• - . • business of the person responsible for the nuisance •violation. The taxpayer's address as shown en the tax records of Spokane County shall be deemed the proper address for the-purpose of mailing such notice to the landowner of the property where the violation occurred. Service by mail is presumed effective upon the third business day following the day the notice of violation or notice and order was placed in the mail. 4. . - - .. - • . . . . . .. - - , , •--- - P , •. I • .. Rules for Superior Court. person duly served. (Ord. 03 083 § 11, 2004 7.05.120 Obligations of persons responsible for nuisance violation. . - -• • -. - Terson identified as responsible for nuisance violation to bring-the-preperty-i-nto a safe and rease;a"lti-condition to achieve compliance--Payment of-civil p--. - .•. - '. • • • - . .- •--ed-ies-elees not substitute for performing-the • • _ . . . -_ -- - .:erty brought into compliance to the extent reasonably possible under the circumstances. ' •• - . • sensible for a nuisance violation pursuant to a notice-of vielation-or-notice an4-erdcr shall be liable-for the payment of any civil penalties and abatement costs. If a proper-t-owner affirmat v enstrates that the action-which resulted-in-the-violation . • .. - • ' . .-- . .• `- . --- . . - . -er or someone acting-en-the owner''s-behalf, that owner shall-be-espen�i",moble-only fe-bringing the property into compliance to the extent reasonably feasible under the circumstances. Should-fie-owner-not correct-the violation, only these-abatement-costs-necessary-to-bring the property into a safe and-r . • -, setermined by the director, shall be assessed-by-the City. No civil penalties-shall-be-assessed-against such-an owner-er his or her property interest. (Ord. 03 083 § 12, 2003). 7.05.130 Determination of compliance. A • • .. • • . . --, . . • • . .notice and order, and after-the person(s) responsible for a nuisance violation have come into corn: - _ . ' action of the director, the d• - . . . • • compliance--to-each-p• - 18 - - ! !; !! 7.05.110 Civil penalties. and-shall shall apply for the first 30 day period following issuance of the order, unless another time period is specified in a voluntary compliance agreement. If a voluntary compliance agreement is not entered into within that time period, and no appeal is amount of the initial penalties. The intent of this subsection is to increase penalties beyond the maximum penalties stated in subsection (A)(1) of this section as an ad: . •• _. . '. _ . 3. Notice of violations shall be . . - . - - ••• - • responsible fora nuisance violation has corn- '- . - • • - - • compliance agreement, notice of violation or notice and order and has provided sufficient evidence of such compliance. or not • - - - • - • •- . . --• • . -- • ' . . . •.• - • e chapter d: . • •- - . . .. •: . . - .. . • . .• . • • . . othercost ass- ---- .•- .• •• • - • • • . of this section if the persen-respensi-bl• • - . • - •- • • • .• • - 'fid . .. - _ -- -•-- . - . .• . . . .c again persons responsible for a nuisance violation. 7. In addition to, or in lieu of, any other state or-lesal-provision for the recovery of • •- . . .. - •- ' . . • • •der this chapter if the fer-a-nuisanee-vielation - 19 - penalties. C. Waivers. 1. Civil penalties may be waived or reimbursed to the pa : . •• . - • -• the following circumstances: Y •: ' - . • • . _ . • , b. The civil penalties were assessed in error; or OF d.New, material information vt arran .• .• • . •• . .• •• .- and-such statem• _. .- .. . • .. . '_ •.: . . ' • cged. (Ord. 03 083 § 14, 2003). 7.05.150 Cost recovery. file—aroma-order, th• •• - ehar.....�ges-....-=� ^'_ode: legal fees and costs" shall inclu. , .. • •• • :, • -• .•nel costs, both direct and in: -. - - •• - • • •- • •. • ; 2. Administrative Personnel Costs. For purposes •• - • . - , .: ••••• . i-ve personnel costs- shall include, but arc not limited to, administrative employee costs, both direct and indirect, incurred to enforc• •• . . • • . - ; • -: -20 - 3. Abatement Costs. The director shall keep an itemized account of costs incurred by the City in the abatement of a notice and • . . - • . - . - ._• : of any abatement work, the director shall prepare a report specifying a legal description itemized costs of the work, and interest accrued; and 4. Actual expenses and costs of the City in preparing notices, specifications and contracts; in accomplishing or contracting and inspecting the work; and the costs office of the city attorney, on behalf of the City, ma - - - - - • • • • legal means. D. In addition to, or in lieu of, any other state or local provis':- -• -• •- , costsidentified - . - , • - _ . • . . • • - - - . . :pe•ty • , liens. menot. alty d., - -- .. • •• • -- - • . _ . . - . .. -• • claim of lien shall contain sufficient information regarding - _ ' • •. . -, descriptio., of th_ _ • . -- -• . - . -c total of the lien. Any such claim of lien may be a . • • •--• • ••- • • '• • • •. . • • . - . . . •- . _ . .- .. . . . •. d--fer ! !; !! a , :! . • •- , •- -• -• - . - • . • -• •. - . _ - . :er to collect any civil • . ! ! • - ee 7.05.170 Nuisance abatement fund Authorized. A. All monies collected from the assessment of civil penalties and for abatement costs . . . ... . - fer abatement, and shad be accounted -21 - • a I: II 7.05.180 Violation Misdemeanor. . .. - • . . - . _ . .• • - - . •- ...anew Upon conviction, the person shall be punished by a fine not to exceed $1,000--and/or - •• - .•. •! :: . -. _ .. .. 7.05.190 Administrative appeals. A. Filing Requirements. 1. Any person issued a notice of violation or n •- • . - • . •. - -• , • •- • own- - - - . .• - . . '. . . . •. : • - .•. . . a. Notice of violation; b.Notice and order. . • : .• - - . -. .. • . . • .! :! - 3. A person who does net meet the requirements of subsections (A)(1) or (2) of this section d: . .. •_ 4 . .. . - . - • . violation-or notice and order, or is th• - • - • • - • • •- •- - shall do so by ob . • • .. • .••• - • the director and filing the completed director st F; . e deto .,ti.. of eompl-ianee. . • -•- . _ 'll be determined by • -22- • chapter shall control. C. Procedures. in Chapter•• 10.35 SVMC, Article I, Hearing Examiner, as adopted or hereafter amended= chapter shall be stayed as to the appealing party during the pendency of any states in the notice and order. 3. When multiple notices of violations or notices and orders have been issued ••• . . • .. . • . • • _ - _ . . _ . . . .• - . of all D. Final Order. written order containing findings and conclusions, and shall affirm or modify the •_ . . . •.. . .. . ;h ldt� e , oat and reverse the citation or order if the cxami - • - - • : •--• . demonstrated that the violation was caused by another person or entity not the d without the e ' - • uc-} property owner shall be responsible only for a:. •-•• : •• - • • . • • -- ' •_ .• . .. . . . • .' : :erformance of • . _ . --• - • . _ . . . _. . - . • . . - ou- ems` owner . -• - •_ - - ' . ` -- :, • •- - "-g a notice of = ., ltio T-or- - - •• .- - . - . .._ __ ---enced in Spokane County superior court within the time period specified by applicable state law. (Ord. 03 083 § 19, 2003). 7.05.200 Judicial enforcement. -23 - A. In addition to any other judicial or administrative rem , - . _- •' ' attorney, on behalf of the City, may seek enforcement of the director's or hearing examiner's order by filing a petition for enforcement in Spokane County superior court. obtain civil enforcement. C. A petition for cis' • • . -•••- . . - • - • •- , :eclaratory relief, temporary or permanent injunctive relief, and any other civil remedy provided by law, or any eembi-natien of the foregoing. (Ord.03-083 § 20, 2003). .,F +t,: Ordinance should be held to be invalid 'or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section,sentence,clause or phrase of this Ordinance. Section 4. Effective Date. This Ordinance shall be in full force and effect five (5) days after publication of the Ordinance, or a summary thereof, occurs in the official newspaper of the City as provided by law. PASSED by the City Council this day of March,2006. Mayor,Diana Wilhite ATTEST: City Clerk,Chris Bainbridge Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: -24- CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 06- AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, REPEALING GRAND AMENDING SECTIONS OF THE SPOKANE VALLEY MUNICIPAL CODE SECTIONS 10.30.150-600 RELATING TO CODE COMPLIANCE, SPECIFICALLY AMENDING SECTIONS 10.30.150, 180, 190, 200,210,220,240,250,260,270,280,340,350,360,380,390,400,410,420,430,470, 490,500,520,560,570,580,AND 590,AND REPEALING SECTIONS 10.30.290, 300,310,320,AND 370. WHEREAS, the City of Spokane Valley adopted Ordinance 04-013 regulating compliance with code provisions. Ordinance 04-013 was subsequently codified as 10.30.150,et seq.; and WHEREAS, in complying with the requirements of its enacted laws and regulations, the City finds from time to time that amending its laws is necessary to better protect the health, safety, welfare of the general public and the environment. NOW THEREFORE, the City Council of the City of Spokane Valley ordains as follows: Section 1. Spokane Valley Municipal Code sections 10.30.150 —.600 are herby amended and/or repealed as is set forth below. Article III.Zoning-Code Compliance 10.30.150 Definitions. A. "Abate" means to take whatever steps are deemed necessary to ensure that the property complies with applicable code requirements.Abatement may include,but is not limited to, rehabilitation,demolition,removal,replacement or repair. B."Code compliance officer"means a regular or specially commissioned officer so designated by the director of community development for the City. BC."Code violation"means and includes an act or omission contrary to: 1. Any ordinance, resolution, regulation or public rule of the City that regulates or protects the use and development of land or water;and/or 2. The conditions of any permit, notice and order or stop work order issued pursuant to any such ordinance,resolution,regulation or public rule. DE. "The City" means the City of Spokane Valley, Washington, acting by and through the authorized representatives and agents designated by the community development directorcity manager. - l - ED. "Days" will be counted as business days when five or less days are allowed to do an act required by this article. "Days" will be considered calendar days when more than five days are allowed to do an act required by this article. FE."Determination of compliance"means a written statement from the Citydirector that evidence to determine that the violation(s) has been sufficiently abated as to the violation(s) stated in the voluntary compliance agreement,notice of violation,notice and order or stop work order. G. "Director" means the community development director for Spokane Valley, or his/her designee. HF."Found in violation"means: 1. That a notice of violation;notice and order or stop work order has been issued and not timely appealed; 2.That a voluntary compliance agreement has been entered into;or 3. That the hearing examiner has determined that the violation has occurred and such determination has not been stayed or reversed on appeal. IG. "Hearing examiner" means the City of Spokane Valley hearing examiner, as provided by the ordinance codified in Chapter 10.35 SVMC,Article I, Hearing Examiner, as adopted or hereafter amended. J14. "Mitigate"means to take measures, subject to City approval, to minimize the harmful effects of the violation where remediation is either impossible or unreasonably burdensome. KI. "Permit" means any form of certificate, approval, registration, license or any other written permission issued by the City. All conditions of approval, and all easements and use limitations shown on the face of an approved final plat map which are intended to serve or protect the general public are deemed conditions applicable to all subsequent plat property owners, owners' tenants,and owners' agents as permit requirements enforceable under this article. U . "Person"means any individual, association, partnership, corporation or legal entity, public or private, and the agents and assigns of such individual, association, partnership, corporation or legal entity. MK. "Person responsible for a code violation"means the person who caused the violation, if that can be determined, and/or the owner, lessor,tenant or other person entitled to control, use and/or occupancy of the property where the code violation occurs. NIS."Public rule"means any rule properly promulgated to implement provisions of this code. OM."Remediate"means to restore a site to a condition that complies with sensitive area or other regulatory requirements as they existed before the violation occurred; or, for sites that have been degraded under prior ownerships, restore to a condition which does not pose a probable threat to the environment or to the general public health,safety or welfare. PN. "Resolution," for purposes of this article, means any resolution adopted by the City of Spokane Valley city council.(Ord.04-013 § 1(1.20.01),2004). 10.30.160 Relationship to Growth Management Act. - 2 - This article is adopted as development regulations pursuant to Chapter 36.70A RCW (Growth Management Act).(Ord.04-013 § 1(1.20.02),2004). 10.30.170 Declaration of public nuisance—Misdemeanor. A.All violations of this title are hereby determined to be detrimental to the general public health, safety and welfare and are hereby declared public nuisances. All conditions determined to be violations of this title shall be subject to and enforced pursuant to the provisions of this article except where specifically excluded by law or regulation. B. Any person who willfully or knowingly causes,aids or abets a violation pursuant to this article by any act of commission or omission is guilty of a misdemeanor. Upon conviction, the person shall be punished by a fine not to exceed $1,000 and/or incarceration for a term not to exceed 90 days. Each week(seven consecutive days)such violation continues shall be considered a separate misdemeanor offense. As an alternative, or in addition to any other judicial or administrative remedy provided in this article or by law or other regulation, the authorized representative of the City may recommend that the office of the city attorney file a misdemeanor complaint against the person responsible for code violation when the City has documentation or other evidence that the violation was willful and knowing.(Ord.04-013 § 1(1.20.03),2004). 10.30.180 Enforcement,authority and administration. A. In order to discourage public nuisances and otherwise promote compliance with applicable code provisions, the Gitydirector may, in response to field observations or reliable complaints, determine that violations of this title have occurred or are occurring,and may: 1. Enter into voluntary compliance agreements with persons responsible for code violations; 3. Issue notice and orders, assess civil penalties and recover costs as authorized by this article; 43. Require abatement by means of a judicial abatement order, and if such abatement is not timely completed by the person or persons responsible for a code violation, undertake the abatement and charge the reasonable costs of such work as authorized by this article; M. Allow a person responsible for the code violation to perform community service in lieu of paying civil penalties as authorized by this article; 65. Order work stopped at a site by means of a stop work order, and if such order is not complied with,assess civil penalties as authorized by this article; 76. Suspend,revoke or modify any permit previously issued by the City or deny a permit application as authorized by this article when other efforts to achieve compliance have failed;and 87. Forward a written statement providing all relevant information relating to the violation to the office of the city attorney with a recommendation to prosecute willful and knowing violations as misdemeanor offenses. B. The procedures set forth in this article are not exclusive. These procedures shall not in any manner limit or restrict the City from remedying or abating violations of this title in any other manner authorized by law. -3 - C. In addition to, or as an alternative to, utilizing the procedures set forth in this article, the City may seek legal or equitable relief to abate any conditions or enjoin any acts or practices which constitute a code violation. D. In addition to, or as an alternative to, utilizing the procedures set forth in this article, the Citydirector may assess or recover civil penalties accruing under this article by legal action filed in Spokane County district court by the office of the city attorney. E. The provisions of this article shall in no way adversely affect the rights of the owner, lessee or occupant of any property to recover all costs and expenses incurred and required by this article from any person causing such violation. F. In administering the provisions for code a ntcompliance;the Gitydirector shall have the authority to waive any one or more such provisions so as to avoid substantial injustice by application thereof to the acts or omissions of a public or private entity or individual, or acts or omissions on public or private property including, for example, property belonging to public or private utilities, where no apparent benefit has accrued to such entity or individual from a code violation. Any determination of substantial injustice shall be made in writing supported by appropriate facts. For purposes of this subsection, substantial injustice cannot be based exclusively on financial hardship. G. The provisions of this article detailing the administration of code compliance procedures are intended only for the purpose of providing guidance to City employees and are not jurisdictional, and are not to be construed as creating a basis for appeal or a defense of any kind to an alleged code violation. H. The Gitydirector may, upon presentation of proper credentials, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issuedspection-warr-antcourt order, enter at reasonable times any building or premises subject to the consent or warrantcourt order to perform the duties imposed by this article. It is the intent of the city council that any entry made to private property for the purpose of inspection for code violations be accomplished in strict conformity with constitutional and statutory constraints on entry, and the holdings of the relevant court cases regarding entry. The right of entry authorized by this article shall not supersede those legal constraints. I. The Gitydirector may request that the police, appropriate fire district, Spokane Rregional Hhealth Ddistrict or other appropriate City department or other non-city agency assist in enforcement.(Ord.04-013 § 1(1.20.04),2004). 10.30.190 Guidelines for departmental responses to complaints. A. The-following guidelines-should-be-applied-by-the-City,subject to resource-iimitatiens, when ' -- • •• - . .•. ... •.. •, -tib dai y _ _ .. _ _ _• .. .dc any cases in which t•• • ' • • • •- • ' - ••• =r-actual--bodily—harm, damage to—public resources or facilities, damage to real or personal property, public health exposure or -4- 2. Moderate risk investigations needing a prompt response (within 72 hours) include •- . - • ' - ..• __ . '.-cc staff) include cases where the violation - pa that case. G-City representatives are authorized to determine, based upon past complaints regarding a property, subsequent field investigations, and other relevant criteria, whether a complaint is reliable. If the City determines a complaint is not reliable, the City is not obligated to conduct a field investigation.(Ord. 04-013 § 1(1.20.05),2004). 10.30.200 Initial investigation. This section sets forth guidelines for more specific procedures to be used by the City in implementing this article. The guidelines set forth in this article are not jurisdictional, and failure to meet them in any particular case shall not affect the City's authority to enforce city code provisions with regard to that case. A. Field Verification Required. Except in emergencies and for low risk case complaints, field verification should be made if possible prior to, concurrent with, or shortly after notifying the person responsible for the code violation or alleged code violation. Low risk case Ceomplaints should be acknowledged by sending a letter to the person(s) responsible for the code violation. The letter should state that a violation may have occurred, but has not been verified, and should ask the recipient to contact the person issuing the letter. B.Advising Interested Parties of Receipt of Complaint and/or Field Investigation. 1. The person responsible for the code violation should be advised of any complaint by personal contact;phone; posting and mail (return receipt requested). 2. The complainant should be contacted by phone and, if possible, in person during the field visit. C. The City will record all violations in a database system, including a list of all actions taken on the complaint. D. To the extent possible, the City shall check its own records and the records of other agencies for previous violations on the site of the alleged violation or by the owner or occupant of the site or such other person as may be responsible for the code violation. E. Staff undertaking field investigations shall comply with the provisions of this article regarding right of entry.(Ord.04-013 § 1(1.20.06),2004). 10.30.210 Procedures when probable violation is identified. - 5 - A. The Gitydirector shall determine, based upon information derived from sources such as field observations, the statements of witnesses, relevant documents and data systems for tracking violations and applicable City codes and regulations, whether or not a violation has occurred. As soon as the Gitydirector has reasonable cause to determine that a violation has occurred,he or she shall document the violation and promptly notify the person(s)responsible for the code violation. B. Except as provided in subsection D of this section, a warning shall be issued verbally or in writing promptly when a field inspection reveals a violation, or as soon as the Gitydirector otherwise determines a violation has occurred.The warning shall inform the person determined to be responsible for a code violation of the violation and allow the person an opportunity to correct it or enter into a voluntary compliance agreement as provided for by this article. Verbal warnings shall be logged and followed up with a written warning within five days, and the site shall be reinspected within 14 days. C. No warning need be issued in high risk emergencies, repeat violation cases, cases that are already subject to a voluntary compliance agreement, cases where the violation creates or has created a situation or condition that is not likely to be corrected within 72 hours, cases where a stop work order is necessary, or when the person responsible for the code violation knows, or reasonably should have known,that the action was a code violation. D. • . ' • : . •. ' . : •- - .. . - ; - •- •. E,Notice and orders should be issued in all high risk cases in which a voluntary compliance agreement has not been entered into within twofifteen days of notification by the Gitydirector. FE. The Gitydirector shall use all reasonable means to determine and oiteproceed against the person(s) actually responsible for the code violation occurring when the property owner has not directly or indirectly caused the violation. 6F. If the violation is not corrected, or a voluntary compliance agreement is not achieved within 15 days of notification by the City, a notice and order or stop work order should be issued. Citati:• •:• • $• - t-of-a-somplaint,-Neti nd orders sh„uld . .• ' • - e .. • . . .. . .•• . Stop work orders should be issued promptly upon discovery of a violation in progress. 140. All complainants will be asked by staff at the time the complaint is filed whether they wish to be kept advised of enforcement efforts. Any complainant who provides a mailing address and requests to be kept advised of enforcement efforts should be mailed a copy of all written warnings, voluntary compliance agreements, notice of violationnotice and orders, stop work orders and notices of settlement conferences issued by the City with regard to the alleged violation. Any complainant may appeal a determination of code compliance issued by the City. (Ord. 04-013 § 1(1.20.07),2004). 10.30.220 Service—N notice and order,and stop work order. A. Service of a notice and order shall be made on a person responsible for code violation by one or more of the following methods: - 6 - 1. Personal service of a notice of violation or notice and order may be made on the person identified by the City as being responsible for the code violation, or by leaving a copy of the notice of violation or notice and order at the person's house of usual abode with a person of suitable age and discretion who resides there; 2. Service directed to the landowner and/or occupant of the property may be made by posting the notice of violation or notice and order in a conspicuous place on the property where the violation occurred and concurrently mailing notice as provided for below, if a mailing address is available; 3. Service by mail may be made for a notion or a notice and order by mailing two copies,postage prepaid, one by ordinary first class mail and the other by certified mail,to the person responsible for the code violation at his or her last known address, at the address of the violation, or at the address of the place of business of the person responsible for the code violation.The taxpayer's address as shown on the tax records of Spokane County shall be deemed to be the proper address for the purpose of mailing such notice to the landowner of the property where the violation occurred. Service by mail shall be presumed effective upon the third business day following the day upon which the notice of violation or-notice and order was placed in the mail. B. For notice and orders only, when the address of the person responsible for the code violation cannot be reasonably determined, service may be made by publication once in the City's newspaper of record. Service by publication shall conform to the requirements of Civil Rule 4 of the Rules for Superior Court. C. Service of a stop work order on a person responsible for a code violation may be made by posting the stop work order in a conspicuous place on the property where the violation occurred or by serving the stop work order in any other manner permitted by this article. D. The failure of the City to make or attempt service on any person named in the notice of violation,notice and order or stop work order shall not invalidate any proceedings as to any other person duly served. (Ord. 04-013 § 1(1.20.08),2004). 10.30.230 Training and rulemaking. A. In order to ensure strict conformity with the constraints on entry imposed by state and federal law, and to ensure that City employees deal with the public in a manner which respects the rights of private property owners, the City shall develop and adopt internal procedures, protocols and training programs governing the conduct of searches by compliance officers. B.The City shall adopt procedures to implement the provisions of this article, and specifically the guidelines set out in this article describing reasonable and appropriate protocols for investigating code violations.(Ord.04-013 § 1(1.20.09),2004). 10.30.240 Obligations of persons responsible for code violation. A. It shall be the responsibility of any person identified as responsible for a code violation to bring the property into a safe and reasonable condition to achieve code compliance. Payment of civil penalties, applications for permits, acknowledgement of stop work orders and compliance with other remedies does not substitute for performing the corrective work required and having the property brought into compliance to the extent reasonably possible under the circumstances. -7 - B. Persons determined to be responsible for a code violation pursuant to a notice and order shall be liable for the payment of any civil penalties and abatement costs; provided, however, that if a property owner affirmatively demonstrates that the action which resulted in the violation was taken without the owner's knowledge or consent by someone other than the owner or someone acting on the owner's behalf, that owner shall be responsible only for bringing the property into compliance to the extent reasonably feasible under the circumstances. Should the owner not correct the violation, only those abatement costs necessary to bring the property into a safe and reasonable condition,as determined by the G tydirector, shall be assessed by the City. No civil penalties shall be assessed against such an owner or his or her property interest. (Ord.04-013 § 1(1.20.10),2004). 10.30.250 Determination of compliance. After issuance of a warning, voluntary compliance agreement, notice of violation,—notice and order, or stop work order, and after the person(s) responsible for a violation has come into compliance,the City shall issue a written determination of compliance. The City shall mail copies of the determination of compliance to each person originally named in the warning, voluntary compliance agreement, citation,notice and order, or stop work order, as well as the complainant, by certified mail,five-day return receipt requested.(Ord.04-013 § 1(1.20.11),2004). 10.30.260 Voluntary compliance agreement—Authority. A. Whenever the City determines that a code violation has occurred or is occurring,the City shall make reasonable efforts to secure voluntary compliance from the person responsible for the code violation.Upon contacting the person responsible for the code violation,the City may enter into a voluntary compliance agreement as provided for in this article. B. A voluntary compliance agreement may be entered into at any time after issuance of a verbal or written warning, a . notice and order or a stop work order and before an appeal is decided. C. Upon entering into a voluntary compliance agreement, a person responsible for a code violation waives the right to administratively appeal, and thereby admits that the conditions described in the voluntary compliance agreement existed and constituted a code violation. D. The voluntary compliance agreement shall incorporate the shortest reasonable time period for compliance,as determined by the C—itydirector.An extension of the time limit for compliance or a modification of the required corrective action may be granted by the Citydirector if the person responsible for the code violation has shown due diligence or substantial progress in correcting the violation, but circumstances render full and timely compliance under the original conditions unattainable.Any such extension or modification must be in writing and signed by the authorized representative of the C—i-tydirector and person(s) who signed the original voluntary compliance agreement. E.The voluntary compliance agreement is not a settlement agreement.(Ord.04-013 § 1(1.20.12), 2004). 10.30.270 Voluntary compliance agreement—Contents. The voluntary compliance agreement is a written, signed commitment by the person(s) responsible for a code violation in which such person(s) agrees to abate the violation, remediate - 8 - the site, and/or mitigate the impacts of the violation. The voluntary compliance agreement shall include the following: A. The name and address of the person responsible for the code violation; B. The address or other identification of the location of the violation; C. A description of the violation and a reference to the provision(s)of the ordinance,resolution or regulation which has been violated; D. A description of the necessary corrective action to be taken and identification of the date or time by which compliance must be completed; E. The amount of the civil penalty that will be imposed if the voluntary compliance agreement is not satisfied; F. An acknowledgement that if the City determines that the terms of the voluntary compliance agreement are not met, the City may, without issuing a ne eeof o atien notice and order or stop work order, impose any remedy authorized by this article, enter the real property and perform abatement of the violation by the City, assess the costs incurred by the City to pursue code compliance and to abate the violation, including reasonable legal fees and costs, and the suspension, revocation or limitation of a development permit obtained or to be sought by the person responsible for the code violation; G. An acknowledgement that if a penalty is assessed, and if any assessed penalty, fee or cost is not paid, the City may charge the unpaid amount as a lien against the property where the code violation occurred if owned by the person responsible for the code violation, and that the unpaid amount may be a joint and several personal obligation of all persons responsible for the violation; H. An acknowledgement that by entering into the voluntary compliance agreement, the person responsible for the code violation thereby admits that the conditions described in the voluntary compliance agreement existed and constituted a code violation;and I. An acknowledgement that the person responsible for the code violation understands that he or she has the right to be served with a notice or violation, notice and order, or stop work order for any violation identified in the voluntary compliance agreement, has the right to administratively appeal any such notice of violation, notice and order, or stop work order, and that he or she is knowingly,voluntarily and intelligently waiving those rights.(Ord.04-013 § 1(1.20.13),2004). 10.30.280 Failure to meet terms of voluntary compliance agreement. A. If the terms of the voluntary compliance agreement are not completely met, and an extension of time has not been granted, the authorized representatives of the City may enter the real property and abate the violation without seeking a judicial abatement order. The person responsible for code compliance may,without being issued a notice of violation, notice and orders or stop work order,be assessed a civil penalty as set forth by this article,plus all costs incurred by the City to pursue code compliance and to abate the violation, and may be subject to other remedies authorized by this article. Penalties imposed when a voluntary compliance agreement is not met accrue from the date that an appeal of any preceding notice of violation, notice and order, or stop work order was to have been filed or from the date the voluntary compliance agreement - 9 - was entered into if there was not a preceding , notice and order;or stop work order. B. The City may issue a notice of violation, notice and orders or stop work order for failure to meet the terms of a voluntary compliance agreement.(Ord.04-013 § 1(1.20.14),2004). II • fer-purposest pis-arti 4owever, s ch sulasequent-complaints shall-not-constitute-a-separate •. . •.• '.• •- . • . • _ • .pply-(Ord.04 013 § 1(1.20.15),2004). 10.30.300-Netiee- elation eet. . .. • . . . • •. • • . . .. • . . •:tk • B. • : •: .:••.- • • .. •• - . --• . . - :'•. . ..•••. • . . -::• •• . . . • •- ••- . . • • •• . . c office of the city . •- - ... . • , . , _ . 'es-assessed-by-any F. Issuance of a noti- e •. . . . • ' •e • ' .. •. • • . -notice-and . . •• .• • .. • c for a code viola .. .. . •• . . (Ord.04 013 § 1(1.20.16),2001). ten* 0.30.3,0 Notice-of violation Co siGIIL �— S . ' ... . . •-. . .' .. •, . •:- - locators; - 10 - • • C. A statement that the City has found the nam-: . • . •• . . •- . • - D. A statement of the specific ordinance, resolution, regulation, public rule, permit condition, . ' • . _ : : . . .• : .. . . • . .• . . ' . ... : ' :eing violated; occurred and that the cited party is subject to a civil penalty; assessed-under this article does not r - . • .• -••. -• - ••• `. - • • --- •: at-ion of his or h- . . - . . •. . . . •. .• .•. . - - appealed; G,A-state,n-- . .. . • ' • ... ....• . 'on required to be taken and that all required equitable title in the p .. _ •• • - .- • • • • • . •- •-- • •• . -• . 10.30.320 Notiec efv:e} tion o ation dam• . . •. . • .•_ -•• ••.• ..: ' .. - . . •. •_• •. :• .•-ed in this article - ' • . • • . • . ... --••. . - •_• - . . •: :er this article: 1. if the original n: '_• . . • •-• • • -•. •• ' - ; _ .. . • •• • • •.• : _•.••_• . ..mstances;or 3. If a party to a notice-e •- . •.. • • •ed C. Such revocation or modification shall identify the reasons and underlying facts for conformity with this article. (Ord.04 013 § 1(1.20.18),2001). contained herein.(Ord. 04 013 § 1(1.20.19),2001). - 11 - 10.30.340 Notice and order—Authority. When the City has reason to believe, based on investigation of documents and/or physical evidence, that a code violation exists or has occurred, r that the code viol"t cited in , notic^ . . - . • •:, •r that the terms of a voluntary compliance agreement have not been met, the City is authorized to issue a notice and order to any person responsible for a code violation. The City shall make a determination whether or not to issue a notice and order within 230 days of receiving a complaint alleging a violation or otherwise discovering that a violation may potentially exist, or within 10 days of the end of a voluntary compliance agreement time period which has not been met. Subsequent complaints shall be treated as new complaints for the purposes of this article. .. . . . • . . . '. . . . - - •._• . the issuance of a notice and order.(Ord.04-013 § 1(1.20.20),2004). 10.30.350 Notice and order—Effect. A. A notice and order represents a determination that a violation has occurred, that the party to whom the notice is issued is a person responsible for a code violation, and that the violations set out in the notice and order require the assessment of penalties and other remedies that may be specified in the notice and order. B. The City is authorized to impose civil penalties Uupon a determination by the City that a violation has occurred pursuant to a notice and order, the City is authorized to impose civil penalties. atien EC. Issuance of a notice and order in no way limits the City's authority to issue a notice-of violation-or-stop work order to a person previously cited through the notice and order process pursuant to this article.(Ord.04-013 § 1(1.20.21),2004). 10.30.360 Notice and order—Contents. The notice and order shall contain the following information: A.The address,when available,or location of the violation; B. A legal description of the real property or the Spokane County tax parcel number where the violation occurred or is located, or a description identifying the property by commonly used locators; C. A statement that the City has found the named person(s)to have committed a violation and a brief description of the violation(s)found; D. A statement of the specific provisions of the ordinance, resolution, regulation, public rule, permit condition,notice and order provision or stop work order that was or is being violated; - 12 - E. A statement that a civil penalty is being assessed, including the dollar amount of the civil penalties per separate violation, and that any assessed penalties must be paid within 20 days of service of the notice and order; F. A statement advising that any costs of enforcement incurred by the City shall also be assessed against the person to whom the notice and order is directed; G. A statement that payment of the civil penalties assessed under this article does not relieve a person found to be responsible for a code violation of his or her duty to correct the violation and/or to pay any and all civil penalties or other cost assessments issued pursuant to this article; Ht. A statement of the corrective or abatement action required to be taken and that all required permits to perform the corrective action must be obtained from the proper issuing agency; l3. A statement advising that, if any required work is not commenced or completed within the time specified by the notice and order, the City may proceed to seek a judicial abatement order from Spokane County superior court to abate the violation; JK.A statement advising that, if any assessed penalty, fee or cost is not paid on or before the due date, the City may charge the unpaid amount as a lien against the property where the code violation occurred if owned by a person responsible for a violation, and as a joint and several personal obligation of all persons responsible for a code violation; KL. A statement advising that any person named in the notice and order, or having any record or equitable title in the property against which the notice and order is recorded may appeal from the notice and order to the hearing examiner within 20 days of the date of service of the notice and order; L1V4. A statement advising that a failure to correct the violations cited in the notice and order could lead to the denial of subsequent Spokane Valley permit applications on the subject property; MN. A statement advising that a failure to appeal the notice and order within the applicable time limits renders the notice and order a final determination that the conditions described in the notice and order existed and constituted a violation, and that the named party is liable as a person responsible for a violation; NO. A statement advising the person responsible for a code violation of his/her duty to notify the City of any actions taken to achieve compliance with the notice and order;and OP.A statement advising that a willful and knowing violation may be referred to the office of the city attorney for prosecution.(Ord.04-013 § 1(1.20.22),2004). • . .. . •_ •• • •e Spokane County auditor's office. - 13 - •-• . •. . •. • •- . . . . . - -- corrected or abated to the continue as liens on the property. Spokane County auditor's office within five days of final payment to the City. (Ord. 04 013 § 1(1.20.23),2001). 10.30.380 Notice and order—Supplementation,revocation,modification. A. The Com-director may add to, revoke in whole or in part, or otherwise modify a notice and order by issuing a written supplemental notice and order.The supplemental notice and order shall be governed by the same procedures and time limits applicable to all notice and orders contained in this article. B. The Citydirector may issue a supplemental notice and order, or revoke a notice and order issued under this article: 1.If the original notice and order was issued in error; 2.Whenever there is new information or change of circumstances; or 3.if a party to an order was incorrectly named. C. Such revocation or modification shall identify the reasons and underlying facts for modification or revocation,and shall be filed with the Spokane County auditor's office. (Ord.04- 013 § 1(1.20.24),2004). 10.30.390 Notice and order—Administrative conference. An informal administrative conference may be conducted by the Citydirector at any time for the purpose of facilitating communication among concerned persons and providing a forum for efficient resolution of any violation. Interested parties shall not unreasonably be excluded from such conferences.(Ord. 04-013 § 1(1.20.25),2004). 10.30.400 Notice and order—Remedies—Suspension,revocation or limitation of permit. A.The Gitydirector may suspend,revoke or modify any permit issued by the City whenever: 1. The permit holder has committed a violation in the course of performing activities subject to that permit; 2. The permit holder has interfered with the authorized representatives of the City in the performance of his or her duties related to that permit; 3. The permit was issued in error or on the basis of materially incorrect information supplied to the City; 4. Permit fees or costs were paid to the City by check and returned from a financial institution marked nonsufficient funds(NSF)or canceled; or 5.For a permit or approval that is subject to sensitive area review,the applicant has failed to disclose a change of circumstances on the development proposal site which materially affects - 14 - an applicant's ability to meet the permit or approval conditions, or which makes inaccurate the sensitive area study that was the basis for establishing permit or approval conditions. B. Such suspension, revocation, or modification shall be carried out through the notice and order provisions of this article and shall be effective upon the compliance date established by the notice and order. Such suspension, revocation or modification may be appealed to the hearing examiner using the appeal provisions of this article. C. Notwithstanding any other provision of this article, the Citydirector may immediately suspend operations under any permit by issuing a stop work order. (Ord.04-013 § 1(1.20.26),2004). 10.30.410 Notice and order-Remedies-Denial of permit. A. The C-i-tydirector may deny a permit when, with regard to the site or project for which the permit is submitted: 1. Any person owning the property or submitting the development proposal has been found in violation of any ordinance,resolution,regulation or public rule of the City that regulates or protects the public health, safety and welfare, or the use and development of land and water; and/or 2. Any person owning the property or submitting the development proposal has been found in violation and remains in violation of the conditions of any permit, notice and order or stop work order issued pursuant to any such ordinance,resolution,regulation or public rule. B. In order to further the remedial purposes of this article, such denial may continue until the violation is cured by restoration accepted as complete by the Ci-tydirector and by payment of any civil penalty imposed for the violation, except that permits or approvals shall be granted to the extent necessary to accomplish any required restoration or cure.(Ord. 04-013 § 1(1.20.27),2004). 10.30.420 Notice and order-Remedies-Abatement. In addition to, or as an alternative to,any other judicial or administrative remedy,the Ctydirector may use the notice and order provisions of this article to order any person responsible for a code violation to abate the violation and to complete the work at such time and under such conditions as the Citydirector determines reasonable under the circumstances. If the required corrective work is not commenced or completed within the time specified,the City may seek a judicial abatement order pursuant to this article.(Ord.04-013 § 1(1.20.28),2004). 10.30.430 Stop work order-Authorized. The C-iydirector is authorized to issue a stop work order to a person responsible for a code violation. Issuance of a t' a of violation or notice and order is not a condition precedent to the issuance of the stop work order. (Ord.04-013 § 1(1.20.29),2004). 10.30.440 Stop work order-Effect. A. A stop work order represents a determination that a code violation has occurred or is occurring, and that any work or activity that caused, is causing or contributing to the violation on the property where the violation has occurred,or is occurring,must cease. - 15 - B. A stop work order requires the immediate cessation of the specified work or activity on the named property. Work activity may not resume unless specifically authorized in writing by the City. C.A stop work order may be appealed according to the procedures prescribed in this article. D. Failure to appeal the stop work order within 20 days renders the stop work order a final determination that the civil code violation occurred and that work was properly ordered to cease. E.A stop work order may be enforced by the City police.(Ord.04-013 § 1(1.20.30),2004). 10.30.450 Stop work order–Remedy–Civil penalties. A. In addition to any other judicial or administrative remedy, the City may assess civil penalties for the violation of any stop work order according to the civil penalty schedule established in SVMC 10.30.470. B.Civil penalties for the violation of any stop work order shall begin to accrue on the first day the stop work order is violated and shall cease accruing on the day the work is actually stopped. C. Violation of a stop work order shall be a separate violation from any other code violation. (Ord.04-013 § 1(1.20.31),2004). 10.30.460 Stop work order–Remedy–Criminal penalties. In addition to any other judicial or administrative remedy, the City may forward to the office of city attorney a detailed factual background of the alleged violation with a recommendation that a misdemeanor charge be filed against the person(s) responsible for any willful violation of a stop work order.(Ord.04-013 § 1(1.20.32),2004). 10.30.470 Civil penalties–Assessment schedule. A. Civil penalties for code violations shall be imposed for remedial purposes and shall be assessed for each violation identified in a notice of violation,notice and order or stop work order, pursuant to the following schedule: 1. ' - - . . •: .1I 2-Notice and orders and stop work orders: a.Basic initial penalty: $500.00 b.Additional initial penalties may be added where there is: i.Public health risk–amount depends on severity:$0–2,500 ii. Environmental damage–amount depends on severity:$0–2,500 iii.Damage to property–amount depends on severity:$0–2,500 iv.History of similar violations(less than three):$5000 1,000 v.History of similar violations(three or more):$0-570002,500 vi.Economic benefit to person responsible for violation:$0-5,000 c.The above penalties may be offset by the following compliance: i.Full compliance with a voluntary compliance agreement with prior history of zero to one similar violations:$0– 1,500 - 16 - _ii. Full compliance with a voluntary compliance agreement and a history of two_ or more prior similar violations: $0—250500.00 B. The total initial penalties assessed for notice and orders and stop work orders pursuant to this article shall apply for the first 30-day period following issuance of the order, unless another time period is specified in a voluntary compliance agreement. . . . . . . • - : --••- • not entered into within that time period, and no appeal is filed, the penalties for the next 15 day ..d shall be � .. .. '- -• •• .. .. •• • • ..•• . • • . •- •- • .:section is to increase compliance. C. Notice of violation shall be su:• • - • - . • •. -- •- . - . • . . .. .. •. • • .•: - -- - - - - .•compl-ianee. D. Civil penalties shall be paid within 20 days of service of the notice of violation, notice and order or stop work order if not appealed. Payment of the civil penalties assessed under this article does not relieve a person found to be responsible for a code violation of his or her duty to correct the violation and/or to pay any and all civil penalties or other cost assessments issued pursuant to this article. E. The City may suspend civil penalties if the person responsible for a code violation has entered into a voluntary compliance agreement. Penalties shall begin to accrue again pursuant to the terms of the voluntary compliance agreement if any necessary permits applied for are denied, canceled or not pursued,er-if corrective action identified in the voluntary compliance agreement is not completed as specified, or if the property is allowed to return to a condition similar to that condition which gave rise to the voluntary compliance agreement. F. Civil penalties assessed create a joint and several personal obligation in all persons responsible for a code violation. G. In addition to,or in lieu of,any other state or local provision for the recovery of civil penalties, the City may file for record with the Spokane County auditor to claim a lien against the real property for the civil penalties assessed under this article if the violation was reasonably related to the real property. Any such lien can be filed under this article if, after the expiration of 30 days from when a person responsible for a code violation receives the notice-ef-v=o'atien notice and order or stop work order(excluding any appeal)and any civil penalties remain unpaid in whole or in part.(Ord.04-013 § 1(1.20.33),2004). 10.30.480 Civil penalties—Duty to comply. Persons responsible for a code violation have a duty to notify the City in writing of any actions taken to achieve compliance with the notice and order.For purposes of assessing civil penalties,a violation shall be considered ongoing until the person responsible for a code violation has come into compliance with the notice and order, voluntary compliance agreement, or stop work order, and has provided sufficient evidence of such compliance.(Ord.04-013 § 1(1.20.34),2004). 10.30.490 Civil penalties—Community service. - 17 - The City is authorized to allow a person responsible for a code violation who accumulates civil penalties as a result of a tiee of- violation, notice and order, or for failure to comply with the terms of a voluntary compliance agreement, to voluntarily participate in community service projects in lieu of paying all or a portion of the assessed civil penalties. Community service may include, but is not limited to, abatement, restoration or education programs designed to clean up the City. The amount of community service will reasonably relate to the comparable value of penalties assessed against the violator. The rate at which civil penalties are worked off under this subsection is$10.00 per hour. The City shall take into consideration the severity of the violation, any history of previous violations and practical and legal impediments in considering whether to allow community service in lieu of paying penalties.(Ord.04-013 § 1(1.20.35),2004). 10.30.500 Civil penalties-Waivers. A. Civil penalties may be waived or reimbursed to the payor by the City under the following circumstances: 1.The notice of violation,notice and order or stop work order was issued in error; 2. The civil penalties were assessed in error; 3.Notice failed to reach the property owner due to unusual circumstances;or 4. New, material information warranting waiver has been presented to the City since the notice of violation,notice and order or stop work order was issued. B. The Citydirector shall state in writing the basis for a decision to waive penalties, and such statement shall become part of the public record unless privileged. (Ord. 04-013 § 1(1.20.36), 2004). 10.30.510 Civil penalties-Critical areas. A. The compliance provisions for critical areas are intended to protect critical areas and the general public from harm, to meet the requirements of Chapter 36.70A RCW (the Growth Management Act), and to further the remedial purposes of this article. To achieve this, persons responsible for a code violation will not only be required to restore damaged critical areas, insofar as that is possible and beneficial, but will also be required to pay a civil penalty for the redress of ecological,recreational,and economic values lost or damaged due to their unlawful action. B. The provisions of this section are in addition to, and not in lieu of, any other penalty, sanction or right of action provided by law for other related violations. C. Where feasible, the owner of the land on which the violation occurred shall be named as a party to the notice and order. In addition to any other persons who may be liable for a violation, and subject to the exceptions provided in this article, the owner shall be jointly and severally liable for the restoration of a site and payment of any civil penalties imposed. D.Violation of critical area provisions of this code means: 1. The violation of any provision of Chapter 10.20 SVMC, Article III, Critical Areas, or of the administrative rules promulgated thereunder.- he--erdinance-c-edified in Chapter 10.20 SVMC, Article III, Critical Areas, ad: .: • . ! . •• ... . • .• . .. .. 2.The failure to obtain a permit required for work in a critical area;or - 18 - 3. The failure to comply with the conditions of any permit, approval, terms and conditions of any sensitive area tract or setback area, easement, covenant, plat restriction or binding assurance, or any notice and order, stop work order, mitigation plan, contract or agreement issued or concluded pursuant to the above-mentioned provisions. E. Any person in violation of Chapter 10.20 SVMC, Article III, Critical Areas, may be subject to civil penalties,costs and fees as follows: 1. According to the civil penalty schedule under SVMC 10.30.470; provided, that the exact amount of the penalty per violation shall be determined by the City based on the physical extent and severity of the violation;or 2.The greater of: a.An amount determined to be equivalent to the economic benefit that the person responsible for a code violation derives from the violation,measured as the total of: i. The resulting increase in market value of the property; ii.The value received by the person responsible for a violation; iii. The savings of construction costs realized by the person responsible for a code violation as a result of performing any act in violation of Chapter 10.20 SVMC,Article III,Critical Areas;or b. Code compliance costs (such amount not to exceed $25,000) incurred by the City to enforce • . . . ..- . '• Chapter 10.20 SVMC, Article III, Critical Areas, as •- •. s. . . . . . . ' • . -• ' 'cal ar-as ordinances or regulations against the person responsible for a code violation.(Ord. 04-013 § 1(1.20.37),2004). 10.30.520 Cost recovery. A. In addition to the other remedies available under this article, upon issuance of a notice and order or stop work order the City shall charge the costs of pursuing code compliance and abatement incurred to correct a code violation to the person responsible for a code violation. These charges include: 1. Reasonable Legal Fees and Costs. For purposes of this section, "reasonable legal fees and costs" shall include, but are not limited to, legal personnel costs, both direct and related, incurred to enforce the provisions of this article as may be allowed by law;and 2. Administrative Personnel Costs. For purposes of this section, "administrative personnel costs" shall include, but are not limited to, administrative employee costs, both direct and related, incurred to enforce the provisions of this article;and 3. Abatement Costs. The City shall keep an itemized account of costs incurred by the City in the abatement of a violation under this article. Upon completion of any abatement work, the City shall prepare a report specifying a legal description of the real property where the abatement work occurred, the work done for each property, the itemized costs of the work, and interest accrued;and 4. Actual expenses and costs of the City in preparing notices, specifications and contracts; in accomplishing or contracting and inspecting the work; and the costs of any required printing,mailing or court filing fees. B. Such costs are due and payable 30 days from mailing of the invoice. C.All costs assessed by the City in pursuing code compliance and/or abatement create a joint and several personal obligation in all persons responsible for a violation. The office of the city - 19 - attorney, on behalf of the City, may collect the costs of code compliance efforts by any appropriate legal means. D. In addition to,or in lieu of,any other state or local provision for the recovery of costs,the City may, after abating a violation pursuant to this article, file for record with the Spokane County auditor to claim a lien against the real property for the assessed costs identified in this article if the violation was reasonably related to the real property,in accordance with the provision any lien provisions authorized by state law. •b: • • • • '. •• . • • • _l.!• , • E. Any lien filed shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes, with which it shall share priority. The City of Spokane Valley may cause a claim for lien to be filed for record within 90 days from the later of the date that the monetary penalty is due or the date the work is completed or the nuisance abated. The claim of lien shall contain sufficient information regarding the notice ef-vielatieriand order,a description of the property to be charged with the lien, the owner of record, and the total of the lien. Any such claim of lien may be amended from time to time to reflect changed conditions. Any such lien shall bind the affected property for the period as provided for by state law. (Ord.04-013 § 1(1.20.38),2004). 10.30.530 Collection of civil penalties,fees and costs. The City may use the services of a collection agency in order to collect any civil penalties, fees, costs and/or interest owing under this article.(Ord. 04-013 § 1(1.20.39),2004). 10.30.540 Abatement. A. Emergency Abatement. Whenever a condition constitutes an immediate threat to the public health, safety or welfare or to the environment,the City may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement. B. Judicial Abatement. The City may seek a judicial abatement order from Spokane County superior court, to abate a condition which continues to be a violation of this code where other methods of remedial action have failed to produce compliance. C. The City shall seek to recover the costs of abatement as authorized by this article. (Ord. 04- 013 § 1(1.20.40),2004). 10.30.550 Code compliance abatement fund—Authorized. All monies collected from the assessment of civil penalties and for abatement costs and work shall be allocated to support expenditures for abatement,and shall be accounted for through either creation of an account in the fund for such abatement costs, or other appropriate accounting mechanism.(Ord. 04-013 § 1(1.20.41),2004). 10.30.560 Administrative appeals—Standing—Filing requirements. A.Any person issued a n i -a notice and order or stop work order,and any owner of the land where the violation for which a ,notice and order or stop work order is issued may file a notice of appeal of the following: -20 - 1. ; 2.Notice and order; 32. Stop work order. B. A complainant who requests to be kept advised may appeal a determination of compliance by the City. C. A person that does not meet the requirements of subsection A or B of this section does not have standing to appeal under this article. D. Any person filing an appeal under this article who was issued a Refine-of-violation-Or notice and order, or is the owner of the land where the violation occurred, shall do so by obtaining the appeal form from the City and filing the completed appeal form within 20 days of service of the notice of violation,notice and order or stop work order. Failure to appeal the notice and order or stop work order within the applicable time limits shall render the notice and order or stop work order a final determination that the conditions described in the notice and order existed and constituted a violation, and that the named party is liable as a person responsible for a code violation.A complainant who appeals the determination of compliance by the City must file any such appeal within 20 days of service of the determination of compliance. E. Any administrative appeal considered under this article will be determined by the hearing examiner pursuant to Chapter 10.35 SVMC, Article I, as adopted or hereafter amended,unless in conflict with specific provisions of this article,in which case the specific provisions of this article shall control. (Ord. 04-013 § 1(1.20.42),2004). 10.30.570 Administrative appeal—Notice of hearing. Upon receipt of a notice of appeal, the City shall provide a hearing notice stating the time, location and date of the hearing on the issues identified on thenotice of violation, notice and order or stop work order. The City shall mail this notice by certified mail, five-day return receipt requested,to the person(s)responsible for a violation.(Ord. 04-013 § 1(1.20.43),2004). 10.30.580 Administrative appeal—Procedures. A. The appeal hearing shall be conducted as provided for in the ordinance codified in Chapter 10.35 SVMC,Article I,as adopted or hereafter amended. B. Enforcement of any notice and order of the City issued pursuant to this article shall be stayed during the pendency of any administrative appeal except when the City determines that the violation poses a significant threat of immediate and/or irreparable harm and so states in any notice and order issued. C. Enforcement of any stop work order issued pursuant to this article shall not be stayed during the pendency of any administrative appeal under this article. D. When multiple notices of violation, notices and order or stop work orders have been issued simultaneously for any set of facts constituting a violation,only one appeal of all the enforcement actions shall be allowed.(Ord.04-013 § 1(1.20.44),2004). 10.30.590 Administrative appeal—Final order. -21 - A. Following review of the evidence, the hearing examiner shall issue a written order containing findings and conclusions, and shall affirm or modify the , notice and order or stop work order previously issued if the hearing examiner finds that a violation has occurred.The hearing examiner shall uphold the appeal and reverse the Eden-or notice and order or stop work order if the examiner finds that no violation occurred. B. If an owner of property where the violation has occurred has affirmatively demonstrated that the violation was caused by another person or entity not the agent of the property owner and without the owner's knowledge or consent, such property owner shall be responsible only for abatement of the violation. Strict compliance with permit requirements may be waived regarding the performance of such abatement in order to avoid doing substantial injustice to a nonculpable property owner. C. The hearing examiner's final order shall be final and conclusive unless proceedings for review of the decision are properly commenced in Spokane County superior court within the time period specified by applicable state law. D. A final order by the hearing examiner affirming, revoking or modifying a , notice and order or stop work order is a final decision.(Ord. 04-013 § 1(1.20.45),2004). 10.30.600 Judicial enforcement—Petition for enforcement. A. In addition to any other judicial or administrative remedy, the office of the city attorney, on behalf of the City, may seek enforcement of the City's order by filing a petition for enforcement in Spokane County superior court. B. The petition must name as respondent each person against whom the City seeks to obtain civil enforcement. C. A petition for civil enforcement may request monetary relief, declaratory relief, temporary or permanent injunctive relief, and any other civil remedy provided by law, or any combination of the foregoing.(Ord. 04-013 § 1(1.20.46),2004). Section 2. Severability. If any section, subsection, sentence or clause of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining provisions of this chapter. Section 3. Effective date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. Passed on this day of March,2006. Mayor,Diana Wilhite -22 - ATTEST: City Clerk, Christine Bainbridge Approved As To Form: Office of the City Attorney Date of Publication: Effective Date: -23 - CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO.06-*** AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, REPEALING SPOKANE VALLEY ORDINANCE 05- 015 IN ITS ENTIRETY, WHICH RENUMBERED VARIOUS PROVISIONS OF THE SPOKANE VALLEY MUNICIPAL CODE, PROVIDING FOR SEVERABILITY, AND ESTABLISHING EFFECTIVE DATE. WHEREAS, The City Council adopted Ordinance 05-015 on March 22, 2005, which renumbered numerous sections of the Spokane Valley Municipal Code. WHEREAS, Due to the complexity of the currently adopted zoning code provisions and the anticipated development of a new Uniform Development code(hereinafter UDC); and WHEREAS, to ensure that no conflict arises during the pendency of the development of the new UDC with the existing and currently effective zoning code provisions; and WHEREAS, the City will consider adopting a numbering system substantially similar to that now being repealed at such time that the City's Comprehensive Plan has been adopted and the UDC is drafted; and WHEREAS, the following changes are necessary to protect the health, safety, and welfare of the general public and the environment; NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as follows: Section 1. Repeal of Spokane Valley Ordinance 05-015. Spokane Valley Ordinance 05-015 is hereby repealed in its entirety. The Spokane Valley Code numbers for specific provisions revised by Ordinance 05-015 shall revert to these numbers in effect prior to the adoption of ordinance 05-015. Section 2. No effect on ordinances passed subsequent to ordinance 05-015. Nothing in this ordinance shall in any manner change or alter the numbering set forth in any ordinance passed by the Spokane Valley City Council after the date of passage of ordinance 05- 015. Section 3. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 4. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. 1 PASSED by the City Council this th day of March, 2006. Mayor,Diana Wilhite ATTEST: City Clerk, Chris Bainbridge Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: 2 Section 4.15.1 Residential Zone Dimensional Standards UR-3.5(3)(1) UR 7(3)(1) UR 12(3)(" UR 22(3)(1) Residential Single Single Multi- Single Multi- Single Multi- PUDs{3)111 Family Duplex Family Duplex family Family Duplex family Family Duplex family Lot Area/Dwelling Unit 10,000 20,000 6,000 11,000 15,000 4,200 5,000 6,000 1,600 3,200 6,000 1,600 Lot Frontage 80 80 65 90 100 50 50 60 20 40 60 30 Lot Depth 80 80 100 80 80 100 50 Front Yard Setback E (5) 15(2) 15(2) 15(2) 15(2) 15(2) 15(2) 15(2) 15(2) 15(2) 15(2) 15(2) 15(5) E Garage Setback .c to 20(2) 20(2) 20(2) 20)2) 20)2) 20(2) 20(2) 20(2) 20(2) 20(2) 20(2) 20'5) Rear Yard Setback (4)(5)(6) 20 20 20 20 15 20 20 15 20 20 15 15 Side Yard Setback (4)(5)(6) 5 5 5 5 5 5 5 5 5 5 5 5 Side Yard Setback (flanking Street)(5) 15(2) 15(2) 15(2) 15(2) 15(2) 15(2) 15(2) 15(2) 15(2) 15(2) 15(2) 10 Open Space 10%gross area Density(DU/Acre) 4.35 4.35 7 7 7 12 12 12 22 22 22 Zone+Bonus E Lot Coverage 50.0% 50.0% 55.0% 55.0% 55.0% 60.0% 60.0% 60.0% 65.0% 65.0% 65.0% 60.0% E Building Height(in vis feet) 35 35 35 35 35 40 40 40 50 50 50 Zone • Building Height(in stories) 2'/ 21/2 21/2 2'% 3 3 3 4 4 4 Zone (1) "Clear view"Triangle required (2) Measured from property line outside border easement,if any Zero setbacks along rear and/or one side are allowed provided that a 5'-0"construction and maintenance easement(s)is recorded with the Spokane (3) County Auditor prior to issuance of a building permit.Minimum rear yard setbacks on zero lot line configuration shall not be less than fifty(50)feet or the sum of the rear yards required by the underlying zone,whichever is greater. (4) Minimum side yard setbacks between dwelling units and adjacent lots shall not be less than 10 feet on the side opposite the zero in a zero lot line configuration (5) Institutional and Office uses have the same setback as residential uses in zones where permitted. Attached garages loading from the side may have the same setback as a principal structure. (5) Permitted accessory structures shall maintain a five foot(5'-01 side and rear yard setback ATTACHMENT "A" 3 CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO.06-*** AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, REPEALING PORTIONS OF SPOKANE VALLEY MUNICIPAL CODE SECTION 10.30.060 AS ESTABLISHED BY SPOKANE VALLEY ORDINANCE 03-053 RELATING TO CERTAIN ZONING CLASSIFICATIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, The City Council adopted Ordinance 03-053 on March 25, 2003, which was codified in part in the Spokane Valley Municipal Code Section 10.30.060 and which adopted specific portions of the Spokane County Zoning Code specifically sections 14.100-800, and Spokane County Phase One regulations; and WHEREAS, City staff has identified specific sections of the adopted Spokane County Zoning Code and Phase One Regulations that have no corresponding zone within the City of Spokane Valley, are not reflective of the provisions of the applicable Interim Comprehensive Plan or Map adopted by the City of Spokane Valley, or are not regulations or controls used or relied upon by the City of Spokane Valley; and WHEREAS, the City Council of the City of Spokane Valley is in the process of adopting its own Comprehensive Plan and Development Regulations to implement that plan; and WHEREAS, this Ordinance is necessary in order to facilitate public understanding of the applicable development code during this transition period and eliminate all provisions that are no longer applicable or necessary prior to the establishment of the new comprehensive plan and development regulations; and WHEREAS, the following provisions are necessary to protect the health, safety, and welfare of the general public and the environment; NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as follows: Section 1. Repeal of portions of the Spokane County Zoning Code as adopted by SVMC 10.30.060. Spokane Valley Municipal Code Section 10.30.060 is herby amended by repealing in their entirely the following chapters of the adopted Spokane County Zoning Code: 1. Section 14.609, Rural Residential 5 2. Section 14.638, Exclusive Agricultural 3. Section 14.642 Rural Settlement 1 4. Section 14.643 Urban Reserve Zone 5. Section 14.644 Forestry 6. Section 14.708 Neighborhood/Community Overlay 7. Section 14.412 Solar Developments, and 8. Section 14.820 Bonus Density for Sewer Hookup. Section 2. Repeal of portions of the Spokane County Phase One Development Regulations as adopted by SVMC 10.30.060. Spokane Valley Municipal Code Section 10.30.060 is herby amended by repealing in their entirely the following sections of the adopted Spokane County Phase One Development Regulations: 1. Section 14.824, Rural Cluster Development; 2. Section 14.609, Rural Residential 5; 3. Section 14.638, Exclusive Agricultural; 4. Section 14.644, Forestry; 5. Section 14.643 Urban Reserve Zone; and 6. Section 14.646 Rural Conservation. Section 3. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,clause or phrase of this ordinance. Section 4. Effective Date. This ordinance shall be in full force and effect five days after publication of this ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. PASSED by the City Council this th day of March,2006. Mayor,Diana Wilhite ATTEST: City Clerk,Chris Bainbridge Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: 2 Schedule of Permitted Uses DRAFT o B' o U ac w X 0 a) LL 13 N O I 8 'O .- O J =rxrCtav m n U U G O U J. JH 71 711 Adult Entertainment Establishment • • 45 453 Adult Retail Use Establishment 11 115 Agricultural processing plant,warehouse o o 33 336411 Aircraft manufacturing • 48 481 Airstrip,private o 0 62 62191 Ambulance service • 0 0 0 0 54 54194 Animal clinic/veterinary • • 0 31 311 Animal Processing Facility • • 11 112 Animal raising and/or keeping 81 81291 Animal Shelter 0 • 45 45392 Antique store • • • C o o 44 448 Apparel/tailor shop o ® • 0 0 44 443111 Appliance sales/service ® • 0 0 0 33 33522 Appliances manufacturing o 45 443111 Art gallery/studio • 0 • Co 0 A o 32 32412 Asphalt plant/manufacturing e 33 333 Assembly-heavy • 33 333 Assembly-light 0 0 0 0 0 0 0 62 623312 Assisted Living Facility 0 0 0 44 441 Auction yard(excluding livestock) • 11 1152 Auction yard,Livestock 33 3361 Automobile assembly plant m 92 922 Automobile impound yard 48 4853 Automobile/taxi rental 0 0 0 0 0 0 44 441 Automobile/truck sales and service 0 0 0 0 81 811121 Automobile/truck/RV/motorcycle painting, repair,body ® o and fender works 31 31181 Bakery Products manufacturing • 44 445291 Bakery,retail • • • o e 0 A A 52 52211 Bank,savings/loan and other financial institutions • • • 0 0 0 0 0 • Permitted Use A Accessory Only ® Regional Siting T Temporary A"Standards Apply • Conditions Apply 1 C Conditional Use Permit ;!WJad esn Ieuog!pu03 0 Z faddy suo!}!pu03 <, AIddy splepue}s,y tieJodwel I 6u!;!s leuo!6aI p �lup kossaooy V esn pau!wJad • ® ® ;y61-I '6uun;oe}nue!N Ieo!way3 7Z£ Z£ ® oa;e!paLtha;ul '6uun;oe;nueV Ie3!way3 9Z£ ZE • (neaH '6uun}oe;nuew leo!wag0 9Z£ ZE e o e • • • • dogs so!weJe3 Z L 1.L9p g7 0 o sewoH!wound pue sepo;eweio`fueleweo ZZI-9 1-8 • • • 0 0 0 0 0 0 0 sa31A-las 6U1Ja;e0 Z£ZZL ZL o 0 • • o e sesnoq Japan Hew pue bole}eo £L 1,797 97 O 0 0 0 0 ouise3 Z£LL LL • • 0 • • • • ysenrue0 261.1.1,8 1-8 0 0 0 saovuas 6u!ueolo Ladhe° 07L1.99 99 • • s;ueId 6u!ueelo 6w pue ladhe° 071,1.99 99 Toys Ja}uadie9 61.Z£ ZE 1 1 1 1 1 1 • • • sna!3'!eniwe3 66£I.L LL • • 0 0 0 • • • fueuo!;oeluoo pue Apueo Z6Z977 77 • • e • • • ;a pew;eew/doysiego;n8 1,Z977 77 • • • - ;uawanoJdw!awoH'&-llddns 6u!pi!ng 4777 77 • • 6uun;oe;nuew woae 7666££ £E • • 0 e %Ua!!ps!pJo/pue/cieu!M'/ M0Jg Z1.Z1.E L£ O 0 • o e e o o e amp 'AJeMeJ8 ZZL ZL e e • • • /\elle 6u!IMo9 96£LL 1-L • • ;veld 6u!IAog LLE 1.E ✓ e e o • • • aims faun!}e;sploog 21.97 97 0 0 eovues pue sales woe ZZL77 77 • • eoueua;u!ew pue neda '6u!pI!nq}eo8 L L99Efi E£ O o 0 0 o o • • • ao!nUas/sales elo'o!8 1.1,97 97 ICggog '6u!daaNi-aag 1.621,L 1.L =y .y © le!oaawwoo'6u!dea>199g L6ZL L 1.1. o 0 0 ;sepeag pue peg 1.6 1.12L ZL o 0 0 e • • 6uun;oeJnuew/6u!p!!ng9J IGa}}ee L69EE ££ • o V o e o • • • dogs I(;neegpagJeg LZL8 1,8 z Z ri 1.7, ia ,It) iiw N o O O . 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C o i '5O. ~ C7' c-) X N Q m cp fp 0 EU 7 a CI <p C a w y p) ldivIa sash pal!WJad Jo ainpayag Schedule of Permitted Uses DRAFT cu f9 0 N N U- 'Q N x 0 2 w 0 s DC (t u) C '` D E s rn j :0 0 y E G_t SI ;4'1 ; M c N U 0 0 -o E J Z Q'I al ml Li 'AZ 2 m m m U U 0 0 0 .2. - • • • • • 81 813 Church,temple,mosque,synagogue and parsonage 0 • • 0 0 0 C 0 o 0 44 4481 Clothes, retail sales 0 0 0 0 0 49 49312 Cold storage/food locker 0 0 61 6113 College or university 0 o 0 0 0 0 0 0 51 517 Communication service/sales o o 0 0 0 0 33 3342 Communications Equipment Manufacturing 0 0 410 0 O 0 0 0 0 92 921-922 Community Facilities o 0 0 0 0 0 0 0 0 0 0 • • • 81 8134 Community hall,club or lodge 0 • • 0 0 0 0 C A* A* A* A* A* 81 8134 Community recreational facility o 0 0 o fn 0 C 0 o • 62 6232 Community residential facility L or less residents) 0 • • • 62 6232 Community residential facility,greater than 6 residents, 0 no more than 25) 56 56173 Composting storage/processing,commercial C 54 54151 Computer services o 0 0 0 0 0 0 32 321-327 Construction materials manufacturing ® 0 23 238 Contractor's-yard o 0 • • • 62 623 Convalescent home,Nursing home 0 0 44 44512 Convenience Store 0 0 o C 0 0 0 • 33 339 Cosmetic manufacturing o O 0 0 0 0 62 6233 Day care,Adult o 0 0 0 0 0 A A A A C C C V 0 62 624410 Day care,Child(13 children or more) © 0 A A A A A O 0 0 0 0 62 624410 Day care,Child(12 children or fewer) C • is 0 0 0A A A A A 45 4521 Department/variety store • • 0 0 0 44 44611 Drug Store 0 0 • o 0 0 0 A 81 8123 Dry cleaners • ® 0 0 0 0 A o 81 8123 Dry cleaning,laundry,linen supply plant,commercial 0 o 0 32 3219 Dry Kiln Al- A* 81 814 Dwelling,accessory apartments 81 814 Dwelling,Caretaker's residence A* A* A*I • Permitted Use A Accessory Only O Regional Siting T Temporary A*Standards Apply • Conditions Apply 3 C Conditional Use Permit ;!WJad asn leuo!;!pu00 0 17 /Addy suo!;!puo0 Alddy spiepue;S,y /ueJodwal 1 6u!;!S leuo!6911 i(luo icossaooy V ash pall!wied • • • 6u!pJenruo;;g6!awd 17817 917 • e6eJo;s/6uunpe;nuew;onpadpood LL£ 4E • y V • a o • • • dogS;suolj 4E94 917 o a tiayo;ey qs!d 9Z L 4 LL ✓ V o e e • • • ao!mas/sales eJaweo/wl!d £LE17P 417 o y o em • e o 0 6wdolanap wl!d Z6Z42 I8 • 6uun;oe;nuew Jaz!I!lled E9ZE Z£ II!w m01d/IeaJa3/Peed I-1-Z442 LE • lol PGA Z 4 l 44. e J!edeJ'2 sales Ajau!yoew weed 171717 1717 e o a e PRO'awoH AI!wed 17L2 49 a o e e • e e e e e lInpy'ewoH (lived VLe 49 • 0 e 0 to • • abewo;s en!so!dx3 064E617 617 • buun;oeJnuew 9n!soldx3 Z69Z£ Z£ ✓ V o V a a o • • qnp o!;alq;e w!6/A;!poet esp ex3 176£4L I•L • O 61 6-) ,r (c. (-7-) saggped oggnd le!uass3 Z6 Z6 69 C © O e) o o e a a • pue;S a;;e1/osseids3 CIZZZZL ZL a a o • e> aeueueTu!ew pue'nedaJ 'seies;uawd!nb3 L Lg 49 e e • • • dogs le;uejuewd!nb3 EZE9 E9 a a a e a e Joop;no`sagi!ioel uol;eaoaJ/uewu!eua;u3 46£1L LL o e o • • Jeopu!`sa!;ppej uopaieolguewwepa;u3 ELI. LL • • 6uun;oe;nuew Jededpues pue q;olo IGaw3 9ZZZZE Z£ AIgwasse/6uunpe;nuew • • 0 0 o ewa;s�(s,g;ueuodwoo Ja;ndwoop!ua;oala/leoupa13 9££ PEE £E 0 asnoquMol'6u!llanna 17le 49 e o e •. Apwe;al6uis '6u!lleMa bog 49 • • • • • . a a e ICI!we;!;ln1N'6u!Ilema 171.8 49 • • • xaldna'6u!IleMa 1749 1.9 • • • • ewoq (aglow)painpe;nuew an!;elar{;uepuadaa '6uillaMa 1748 lg 1 1 1 1 1 o a a o a a;e6ai6uo0'6u!llaMa E LZL ZL 0 c n O O t� c3 0o TT 0o z z 3 ixi x, W N �,, N O .0 W N D T 11 N 1L. w r 3 fo m c.Q o m s W cnn IN ' w 111 _ N to 3 0 e n F c - n m m T • Q N -n t; C k m i iv is sass peMwaad 40 ainpegag Schedule of Permitted Uses DRAFT 0 Z 0 = 'O C ca d) C) o IL 13 cocn N j a .o a7) o E 0 o f r n U U r N c� .` m ? v E Li S �„ cn u u: -4-4 Q x E o " �� o: z m m _m 5 5 0 O U , — — 44 447 Fueling Station 0 0 0 o 0 0 81 81221 Funeral home • 0 0 33 337 Furniture manufacturing • • 44 442 Furniture sales/repair • • 0 0 31 315-316 Garment manufacturing • • 45 453 Gift shop 0 0 0 0 0 0A A A A • • o • 0 71 71391 Golf course o ° o CCCCC 71 71391 Golf driving range/training center C 0 0 • 49 49313 Grain elevator o o 11 1114 Greenhouse/nursery-commercial A A A A 0 0 44 4451 Grocery store Ot. • • e 0 o 44 444130 Hardware store o • • 0 • 0 56 562211 Hazardous waste treatment and on-site storage A* A* 48 4812 Heliport o o 48 4812 Helistop C C C C C 0 45 45112 Hobby shop • to • 0 o o A 62 6221 Hospital • • 0 0 o 0 9) U O O 9 62 622210 Hospital, Psychiatric and Substance Abuse C) (9 ) ( Q/ (9 (9 9 9) 9) 9> 62 622310 Hospital,Specialty o 0 o 0 C 0 0 72 7211 Hotel/motel P • 0 0 0 0 0 0 31 312113 Ice plant • 32 32591 Ink manufacturing • 45 45322 Jewelry,clock,musical instrument assembly, o © o o e) 0 A sales/service 81 81291 Kennel ° ° 54 541538 Laboratories(Bio Safety Level 2) 0 0 0 54 54138 Laboratories(Bio Safety Level 3) 0 00 54 54138 Laboratories(Bio Safety Level 4) o 62 62151 Laboratories, medical&diagnostic o 0 o 0 0 0 44 4419 Landscape Materials Sales: 0 0 • Permitted Use A Accessory Only 0 Regional Siting T Temporary A*Standards Apply Conditions Apply 5 C Conditional Use Permit ;!wtad asH ieu0!1!pu03 0 9 Addy suo14!pu00 Middy splepue;S,y tieJodwal I 6u!;!S!euo!6e I p Apo tiosseooy y asH pa}}!wJed • • O • e. asH elo!gan!euol;eeJoaH pe0J-}}0 666 66 ® o • a O V • • 0 • • • ago;s o!snW 41.1.94 917 o e • e • • • • wnesn!N LLZLL 4L • • • o e ® ao!Nas/sa!es sped a!o!gan Jo1o1N E 444 44 s;!un ewoH IaPoW 94492Z EZ 1 1 1 1 1 0 0 e ® o sJopuan pool ai!goW 0£2ZZL 3L 6u!u!iN• 343 43 • ;oH 'sessaoad IelaW LZE Z2 o 6u!;eld Ie1J E483££ £2 • • uogeouge;!e;an ZEE E£ • • m e o a aoolntoa ieiuep/leo!PeAJ 4439 Z9 • V o a o sales//(!ddns;uewd!nbe!e;!dsoq pue'!e;uap'leo!pa!N 94224 34 O 0 0 • • • • e eol..1-10 leo!PGLi 41.39 Z9 em;oeenuew • • e sn;eidde/;uewni su!fuo4wogel pue leo!pa!N 4622 2E • • 6uNows pue 6uuno`6ugino'644uueo gsl;nee ni Li,L2-94 L2 LE o 6uD{oed;ea!N 4941.£ 4E V • V • • • • • • AdeJaq;toyed a6esseiN 864439 Z9 1 1 1 1 1 1 Joop;nO lespeiN 061-LES 29 O o sionpoJd le;awN o!lelew-uoN '6uun;oe;nueW L32 32 e • • sales awoq-(9Igete))pam;oe;nue!N 26294 94 sped awoq(al!gow)pam;oe;nuen 171-9 48 , • • uoi;eouge;awoq-(eitgetu-)pam;oe;nuen 1.664Z2 Z2 • • 6uun;oe;nuew keu!goew/au!goe!J ££2 2£ • • o dogs eu!goe!N L322 22 • n!w pooMAld'1111u al6w1.1s'p!wmes'plwiagwn-i 4 432 32 ✓ V • e o • • • q;!wssioo-i ZZ9499 99 ✓ V 0 ® 0 • • ao;s tonbli 2544 44 o V 0 • 0 0 0 0 ;ewapune1 01.231-9 L8 H y H " N 0 xoi2030303 D nr ,, p IT, , 'G W N -• cD ill CD lstod sash paRiwuad 40 asnpayag Schedule of Permitted Uses DRAFT in u_ a m N X 0 0 `> C C _ U OP 0 �) Q.I �I �I Z Z 6 th _ m U_ U T g �_ o 2 M A A 56 5611 Office e • • e e 0 ea e A 0 • 45 45321 Office supply and computer sales • • e o e A e • 11 1113 Orchard,tree farming,commercial 0 O 32 3222 Paper product manufacturing • • 32 32211 Paper/pulp mills 0 48 4859 Park-and-ride facility • • • 0 0 0 0 0 • 45 4533 Pawnshop 0 0 0 81 812 Personal service 0 0 0 0 0 0 e 0 45 45391 Pet shop 0 • • e e 0 A 32 32411 Petroleum and coal products manufacture 0 54 541922 Photographic studio 0 • • e 0 0 A A 32 32511 Plastic and rubber product manufacturing • 32 326199 Plastic injection molding; © ® • e 49 491 Post office, Postal Center 0 • • 0 0 0 0 0 0 • • 22 221 Power plant(excluding public utility facilities) 56 56143 Print shop • • O • 0 A 0 0 • 32 323 Printing, reprographics,bookbinding services, O 0 e commercial 48 48849 Public pay parking garage/lot • e 0 0 0 0 • 71 71399 Racecourse e e 0 71 711212 Racetrack 51 5151 Radio/TV broadcasting studio 0 e 0 0 0 0 48 4821 Railroad yard, repair shop and roundhouse • 72 7212 Recreational vehicle park/campground C > 44 44121 Recreational vehicle sales&service • 0 0 • • • • • 51 51511 Repeater facility • • 0 0 0 72 722 Restaurant 0 0 • C9 • `a A e 0 0 72 7222 Restaurant,drive-in • • 0 0 0 0 • A A 72 722213 Restaurant,drive-through 0 0 0 0 A A A 45 452-453 Retail sales • • • 0 0 0 A • Permitted Use A Accessory Only O Regional Siting T Temporary A*Standards Apply Conditions Apply 7 C Conditional Use Permit ;!WJad asn levo!;!p1-1o3 0 8 AIddy suog!puo9 llddy spiepue;s,y /ue.iodwal 1 6uR!S leuo!698 ® /quo tiosseooy V asn pa};!wJad • • 0 0 }ioddns auigin;pu!M'JaMol l L LZZ ZZ .V .V 0 0 .V X AV ..V ..V .V ioieJadp WeH-'.iaMol 6L1,9 1,9 .V AN .`d .y .y • 6uun;oe;nuew peas;ai pue dna!'ail Z6Z99 99 O 0 • mom)'Ja;eayl LLL LL O 0 • e 0 • • Joopu!'Ja;eayl LLL LL O 0 ein;oe;nuewal!;xel LLbL£ L£ • 0 0 JaMolpoddns ssalal1M uo!;eo!unwwooalal ZLL9 1,9 0 0 0 0 0 .V *y 0 0 ,y X ry {y .V ,y AeJJy euua;uy ssalaJ!M uogeo!unwwooelal ZL L9 Ls .V .V .y .V .v • • /(WJap!xel tgb 917 • 8 0 • • • wanel VZZL ZL • supls pue sem;o 6uuno'6u!uuel 1,9LE L£ • y y y y punoi6 Mo!aq leua;ew leoquo Jo o6e.1o;s duel Z I.L£LZ LZ • .V punoJ6anogv leua;ew leoguo-je e6eJo;s duel z L L£LZ LZ ,y ,y .y ,y xy .y Jdl puna6 enoge e6e.io;s duel ZLLcLZ LZ • V 0 0 0 0 00 Jol1el Z91.£ L£ • sloop;no-leJeue6`a6eio;s (i.)b9b 9b • • V V See V V V sioopu!-leiaue6`a6BJo;s (,)b9b 9b • 0 0 • • • /q!I!oe;eowas-;!as a6eJo;s 1,26b 6b e o 0 • 0 0 • • 0 so!pn;s.10 slooyos 6u!weal/6u!u!eJ;pez!le!oads Z9 L L9 L9 94!s.1a;sueJ;/6u!loAoei a;seM p!loS Z6Z99 99 • 6uun;ae;nuew punodwoo 6u!uealo pue deos L99Z£ zc 0 0 o • • Boys 6u!;u!ed u6!S 96622 CZ • • j!edaJ/6uun;oeJnuew ub!S 96622 2£ o • e • • sales;uawu6!suoo 'aims puegpuooas EEsb 917 • • 0 0 • • 0 e • siooqos apes;+g leuo!;eoon'Ieuo!ssa;oJd 'sloops bL 1.9 1,9 e e e • o e • • ZL ruin N-a;enud pue o!Ignd-slooyos L L L9 1,9 e o 0 o o • uogeouge;/6upn;oejnuew'uo!;eweloaJ JeggnZLZgZ£ zc • • 6uun;oe;nuew ado { 1.661L2 1,2 • 111W bu!110 1 ZZL££ E£ O 0 awls 6u!p11 66£1,L 1.L - p0 m 3 0 D. w W W Z Z.-, Pt, ai w 43 s D r — If IN 172cl xr m 3 is'a m c a - "a. m 574' via n C N 1dvtia sash peuguied JO einpetos Schedule of Permitted Uses DRAFT O > Z CI U 17• C to m .- m 8 — ri ^ at Co c ? O r m D N co co U 0 -0 m 0 E SO 0 v J 2 71 cl 1 u Z ZL z r N M �, x 9 N M �] m 6 , 6 U , 0 O U C 72 7213 Transitional Housing 48 4851 Transit center 0 0 0 0 c, 0 © 0 0 44 441 Truck-sales, rental, repair and maintenance _ 44 445-447 Truck Stop ® ° o 81 81142 Upholstery shop 0 0 0 49 49311 Warehousing ® n 56 56292 Wrecking, recycling,junk and salvage yards C • 71 71213 Zoological Park - ® Permitted Use A Accessory Only ® Regional Siting T Temporary A*Standards Apply .• Conditions Apply 9 C Conditional Use Permit CITY OF SPOKANE VALLEY REQUEST FOR BIDS FOR LANDSCAPE & WEED SPRAY SERVICES BID NO. 06-005 Spnnokane BID OPENING: DATE: March 15th, 2006 BID OPENING TIME: 2:10 P.M. • PRE-BID CONFERENCE DATE: MARCH 7TH, 2006 CITY COUNCIL CHAMBERS 9:00 A.M. City of Spokane Valley 11707 E Sprague, Suite 106 Spokane Valley, WA 99206 Any alterations to this document made by the Contractor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the City of Spokane Valley. Proposed 02-09-06 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 specified in this Code. Adult Entertainment Establishment: An enclosed building, or any portion thereof, used for presenting performances, activities, or material or relating to "specific sexual activities" or "specified anatomical areas," as defined in this section for observation by patrons therein. Provided, however, that a motion picture theater shall be considered an adult entertainment establishment if the preponderance of the films presented is distinguished or characterized by an emphasis on the depicting or the describing of"specified sexual activities" or"specified anatomical areas"; provided further, however, that a hotel or motel shall not be considered an adult entertainment establishment merely because it provides adult closed circuit television programming in its rooms for its registered guests. 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. Adult Oriented Merchandise: Any goods, products, commodities, or other ware, including but not limited to, videos, CD-ROMs, DVDs, magazines, books, pamphlets, posters, cards, periodicals or non-clothing novelties which depict, describe or simulate specified anatomical area or specified sexual activities. 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. Last printed 2/23/2006 12:36:00 PM 1 Proposed 02-09-06 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. 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. 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. I Ambulance Service: A facility used for the housing and dispatch of emergency medical personnel and paramedics using ground transportation. Animal ClinicNeterinary: 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, except inherently dangerous mammals and inherently dangerous reptiles. Young of horses, mules, donkeys, burros, llamas, and alpaca, under one (1) year in age, bovines, under ten (10) months in age, and sheep, goats and swine 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, large animal, inherently dangerous mammals or inherently dangerous reptiles, but not limited to, chickens, guinea hens, geese, ducks, turkeys, pigeons , emus, ostriches (struthious), kangaroos, rabbits, mink, chinchilla, I 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. Antique Store: An 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. Last printed 2/23/2006 12:36:00 PM 2 Proposed 02-09-06 Appliance Manufacture: The manufacture, assembly and storage of household appliances for regional distribution. Appliance Sales/Service: The sale, servicing and repair of home appliances, including radios, televisions, washers, refrigerators and ranges. Aquifer: That array of geologic formations supplying potable water to Spokane Valley and the Spokane metropolitan area. Aquifer Sensitive Area (ASA): The area from which water runoff directly recharges the Aquifer, including the surface over the Aquifer itself, and the hillside areas immediately adjacent to the aquifer. The ASA includes the Critical Aquifer Recharge Area (CARA). Art Gallery/Studio: Includes the work areas of graphic artist, painters, sculptors, weavers, quitters and other artists with display and sales areas. Arterial/Road Map: The official maps adopted as part of the Comprehensive Plan. 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 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. Auction Yard: An open area or an area entirely enclosed within a building where items are stored or displayed for not more than seven (7) consecutive days within any given thirty(30)- day period and where persons are permitted to attend sales and offer bids on such items. Auction Yard, Livestock: Facilities designed for the sale of livestock at auction, including barns, holding 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 uses. 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 (GVW) of less than one ton, including service. Automobile/Truck/RV/Motorcycle Painting, Repair, Body and Fender Works: A facility providing for the minor repair and painting of a wide variety of motor vehicles, not including engine overhaul. Last printed 2/23/2006 12:36:00 PM 3 Proposed 02-09-06 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. I 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:— 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. 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, generally operated for a profit, where more than twenty- five (25) beehives are kept on a lot. Beekeeping, Hobby: An activity, generally engaged in for personal use, where twenty-five (25) or fewer beehives are kept on a lot. 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;either of-whish-is-,more than, 6"-in diameter-of having-three-wheels in contact wit the ground--any-of-whin, is-more than 16" propelled solely by human power, upon which any persons or person may ride. 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. Last printed 2/23/2006 12:36:00 PM 4 Proposed 02-09-06 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. . 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. Bottling Plant: A plant 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. Broom Manufacturing: The manufacture of brooms, brushes and mops. Building Height: The vertical distance from the average finished grade to the average height of the highest roof surface. Building Setback Line: A line established as the -- - minimum distance a structure may be located from any , t property line or border easement. See Reader Board. 3p, F so Building Supply Store: An establishment engaged in the wholesale and/or retail sale of building materials, i including landscape materials, roofing, lumber, siding, --- Existing fencing, plumbing supplies and fixtures, lighting, floor ;- — I (rade coverings, tools and hardware. Point of �- Lowest Measurement I Building Supply & Home Improvement: An Elevation establishment selling hardware, lumber, sheetrock, plumbing supplies, flooring, lighting fixtures, landscaping supplies, nursery stock, and appliances at retail and wholesale. Butcher Shop/Meat Market: The specialty retail of meat and fish products, not otherwise classified as a grocery store. 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. Last printed 2/23/2006 12:36:00 PM 5 Proposed 02-09-06 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. 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. 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 Catering Services: Food preparation intended for delivery to location(s) different from that where the preparation takes place. I 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, Light: The manufacture of acetylene, alcohol fermentation and oxygen. Chemical Manufacture, Intermediate: The manufacture of industrial alcohol, cellulose, ceramics, paint coatings and adhesives. Chemical Manufacture, Heavy: The manufacture of acid, ammonia, nitrating chlorine, asbestos, bleach, dye, creosote, disinfectant, insecticides, paint, lacquer, turpentine, varnish, pharmaceutical, potash, silane, polysilicon, and fiberglass. Certificate of Occupancy: An official certificate issued by the City through the Chief 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 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. I Church, Temple, Mosque, Synagogue, hHouse of wWorship: 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, recreation hall and on site living quarters for members of religious orders and caretakers, but excluding facilities for training. Last printed 2/23/2006 12:36:00 PM 6 Proposed 02-09-06 City: The City of Spokane Valley, Washington. City Council: The governing body of the City. Clinic: A building or portion of a building containing offices for providing medical, dental, or psychiatric services for out-patients only. 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. 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. I 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. I 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: Any dwelling licensed, certified or authorized by state, federal or local authorities as a residence for children or adults with physical, developmental or mental disabilities, dependent children or elderly individuals in need of supervision, support and/or independent living training. Does not include Transitional housing, Detention and Post- detention facilities- •. --- - '- -ntial Center or Secure residential Residential Treatment Facility. May include: specialized group home for the developmentally disabled, group care facility for children, and boarding home. Last printed 2/23/2006 12:36:00 PM 7 Proposed 02-09-06 Community Transit Center: A bus transfer area or facility providing passenger access to routes and adjacent activities. - - • • . •• - • . ility: See e"sential public facilities. Composting Storage/Processing, Commercial: A facility storing or composting organic material for commercial purposes. I 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. I Conditional Use: A use authorized subject to conditions and performance standards established by the Hearing Examiner. Construction Materials Manufacturing: The manufacture of construction materials , including but not limited to roofing, plywood and veneer lamination, structural products, prefabrication of structural components, glass manufacture and glazing; manufacture of pipe from clay or metal, 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 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. Cosmetic Manufacture/Distribution: The manufacture, storage and distribution of cosmetics, perfumes, and toiletries. Crisis Residential-Center: Sec cc.,ential-p iblic fas+litics. 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 aquifer water. Critical Materials Activity List: A list of commercial and industrial activities known to use critical materials, coupled with the names and threshold levels of quantities of critical materials normally associated with the activity. 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. Last printed 2/23/2006 12:36:00 PM 8 Proposed 02-09-06 Coverage: The area of a lot or tract covered by the roof or first floor of a building expressed as a percentage of lot area. Roof eaves extending three (3) feet or less from the walls of a building are excluded from coverage computations. I Day(s): The calendar days, unless otherwise specified, shall be computed pursuant to RCW 1.12.040. 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: For purposes of this Code, deciduous shall include the following vegetative species. Ailanthus, Ash (Mountain), Birch (White), Catalpa, Elm (American), Locust (Black and Honey), Maple (Silver, Sugar, and Sycamore), Oak (Pin), Sweet Gum (Liquid Amber), Thundercloud Plum, Wing Nut. 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. DepartmentlVariety 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 medical professionals. Dependent Relative:-_One who is related by direct blood line, marriage, adoption, unmarried partner relationship or court-appointed guardianship; has been determined by a licensed physician to be physically or mentally incapable of caring for themselves and/or their property; and who is over the age of 18. 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. Dormitory:-See Dwelling —Congregate 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:-aA 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. Last printed 2/23/2006 12:36:00 PM 9 Proposed 02-09-06 Dwelling: A building or portion thereof designed exclusively for residential purposes. Dwelling, Accessory Apartment: An accessory dwelling unit located on a lot zoned for single- family residential purposes. ALTERNATE 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 manufactured (mobile) home, or an existing building or structure used as a residence, that i:s owned by the owner of the property it resides upon and 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. I Dwelling, Duplex:A 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. I 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. I 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. I Electrical/Electronic/Computer Component/System Manufacturing 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. 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. Espresso/Latte Stand: A drive-through stand offering coffee, tea and other beverages for sale to the public. Essential Public Facility: Facilities that are typically difficult to site, such as airports, state education facilities, state or regional transportation facilities, state and local correctional I Last printed 2/23/2006 12:36:00 PM 10 Proposed 02-09-06 facilities, solid waste handling, in-patient facilities including substance abuse, mental health, group homes and secure community transition facilities. Cfisfs--Residential Facili — -protective residential-facility-epe ted to provide secure or semi secure temporarysh- - - • - -- --der the age of eighteen years- Community-Treatment Facility: A licensed resid-- f- • • --ting children or adults • - •--- - _ - , - _ _ • •- _ _ __ ___ - - _el g-supervision and rehabilitation. Does not include detoxification - - , -- - -:- - • • r- .ecntial Center or Secure Residential Tr atment Facility. 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. H. • - - _ - : A • - _ - "dential-facility-housing inmates on release from more - " '. - - cabal confinement or-initially placed in lieu of such more restrictive custodial san}finem-- , e e .•e.-e -- " •_ , - -eilitation and counseling to transition residents back into society, Secure Community Transition Facility (SCTF): A licensed secure and supervised residential facility for convicted sex offenders. 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. 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. 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. I 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. Last printed 2/23/2006 12:36:00 PM 11 Proposed 02-09-06 I 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. 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. Fish Hatchery: Aquaculture production of fish. Flood Plain, One Hundred uiureu (10v)-veai: An area determined by the Federal eGerai E nergency Management Agency (FEMA) or by Spokane County to have a one-percent (1%) chance of flooding in any given year. 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: Defined in WAC 365-190-030(6), as now or hereafter amended. Fraternity: A men's 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. Fueling Station: An established 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. Last printed 2/23/2006 12:36:00 PM 12 Proposed 02-09-06 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 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. 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. 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. Hazardous Waste: All dangerous and extremely hazardous waste, including substances composed of both radioactive and hazardous components as defined in Section 70.105.010 (15) RCW Hazardous Waste Storage: The holding of hazardous waste for a temporary period, as regulated by Chapter 173-303 WAC. 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 this Code. I 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, excluding an adult retail use establishment, adult bookstore or adult entertainment establishment and incidental to the residential use.-of-the: Last printed 2/23/2006 12:36:00 PM 13 Proposed 02-09-06 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 inherently dangerous mammals/ reptiles, 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. I 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. I Industrial Zoning Districts: Those zones permitting various industrial and manufacturing uses. See Zoning Districts. Inherently Dangerous Mammal: Inherently dangerous mammal means any live member of the canidae, felidae, or ursidae families, including hybrids thereof, which, due to their nature, may be considered dangerous to humans, and which includes: 1.Canidae, including any member of the dog (canid)family not customarily domesticated by man, or any hybrids thereof, but not including domestic dogs (Canis lupus familiaris) or wolf hybrids which are a cross between a wolf and a domestic dog. 2. Felidae, including any member of the cat family not customarily domesticated by man, or any hybrids thereof, but not including domestic cats (Fells catus). 3. Ursidae, including any member of the bear family, or any hybrids thereof. I Inherently Dangerous Reptile: Inherently dangerous reptile means any live member of the class reptilia which: 1. is venomous, including, but not necessarily limited to all members of the following families: Helodermidae; Viperidae; Crotalidae; Altractaspidae; Hydrophilidae; and Elapidae; or 2. is a "rear fanged" snake of the family Colubridae that are known to be dangerous to humans, including but not necessarily limited to, all members of the following families: Dispholidus tupus; Thebtornis kirtlandii; and Rhabdophis spp.; or 3. is a member of the order Crocodilia (crocodiles, alligators and caiman). Inherently Dangerous Mammal / Reptile Keeper: Any person who is licensed by the Spokane County Animal Control Authority to harbor and/or own one (1) or more inherently dangerous mammals /reptiles. Ink Manufacture: A facility manufacturing printing ink, and inking supplies. Last printed 2/23/2006 12:36:00 PM 14 Proposed 02-09-06 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. Laboratories (Hl® Safety Level 2, •SHA 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 (`:10 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 (DB® 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. 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 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. 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. Last printed 2/23/2006 12:36:00 PM 15 Proposed 02-09-06 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. Machine Shop: See Metal Fabrication Machine/Machinery Manufacturing: The manufacture 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 Community: 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. 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. Last printed 2/23/2006 12:36:00 PM 16 Proposed 02-09-06 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. Medical and Laboratory Instrument/Apparatus Manufacture: The manufacture of medical and dental equipment, supplies, and instruments. I Medical/Dental Office:_A facility housing less than three medical or dental professionals or paraprofessionals. I 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, or osteopaths, provide outpatient services on a regular basis. I 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: Defined in WAC 365-190-030(14) as now or hereafter amended. Mobile Food Vendors: itinerant vendors of prepared foods and beverages. Model Home: The temporary use of one or more single family residential units for the marketing and promotion of residential subdivisions. Motor Vehicle Parts, Sales & Service: The retail sales of motor vehicle parts and service, including the installation of tires and batteries, including repair of passenger cars and light trucks. Museum: A premises housing the display of antiquities or artifacts of historical or artistic significance. Music Store: The retail sale of recorded music, musical instruments, sheet music and similar items. Multiple Building Complex: A group of structures, or a single structure, with dividing walls and separate entrances for each business, housing retail businesses, offices, commercial ventures or independent or separate parts of a business which share the same lot, access and/or parking facilities. Last printed 2/23/2006 12:36:00 PM 17 Proposed 02-09-06 NAICS: North American Industry Classification System 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. Nursing Home: See Convalescent home. €loud-Rlaiii, One Hundred (4n . : ' - . . -• - .. .•_ _ •- ••- -• - Manag-••-- :--_ '' A : _ _:okan c percent (1%) chance of flooding in any given year. 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 definition is not intended to include vehicles which were designed/constructed for yard or garden work in residential areas. Off-Street Parking: the amount of vehicular parking to be provided on private property for a specified use. Office Supply and Computer Sales: The retail sale of office supplies and office equipment, including computers, copiers and communication equipment. Open Space: An area accessible to and permanently reserved for the common use and enjoyment of the 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. I 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: 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. Owners:Any person, partnership, corporation, association, unincorporated organization, trust or any other legal commercial entity having sufficient proprietary interest to seek development of land. I 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. Last printed 2/23/2006 12:36:00 PM 18 Proposed 02-09-06 Paper/Pulp Mills: Manufacturing plants producing paper and paper pulp from timber. Park-and-Ride Facility: A parking area or structure used for the specific purpose of storing motor vehicles in order that the occupants can transfer to a higher occupancy vehicle (HOV) (e.g., buses, vans, carpool autos) to complete a trip. Park, Public: A site designated or developed for recreational use by the public. Recreational uses may include, but are not limited to, indoor facilities such as museums, swimming pools and skating rinks, and outdoor facilities 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. I Parking Facility: A parking area, building, or structure used for the specific purpose of parking or storage of motor vehicles. Party of Record: A person who has provided verbal or written testimony in or regarding a public hearing on a land use action. I Paved Surface: A paved surface shall consist of asphalt or Portland cement concrete 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. I 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. I Planned Unit Development(P.U.D.): A land development project planned comprehensively as an entity through a design process prescribed by ordinance which permits some flexibility in the regulations of the underlying zone. Planning Agency: The Spokane Valley Community Development Department, together with its planning commission. Planning Commission: See "Commission." P,_ ¢ o:P tal-Gente, f i ity-awned or op- . - - - - - Service for the delivery-of mail-and-packages. Plastic Injection Molding: A process of converting pelletized plastic into molds using heat, without the use of solvents or volatile organic compounds (VOC). Plastic and Rubber Product Manufacture:A chemical manufacturing process utilizing resin and synthetic compounds for plastics and rubber. Last printed 2/23/2006 12:36:00 PM 19 Proposed 02-09-06 Post Office, Postal Center: A facility owned or operated under contract with the U.S. Postal Service for the delivery of mail and packages. 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. Where a permitted use involves more than one building or structure designed or used for the primary purpose, each permitted building or other structure on a lot or building sign as defined by this Code shall be construed as comprising a principal structure. Print Shop:A retail print services, including blueprinting, photostat, copier and other business support services. Printing, Reprographics and Bookbinding: Commercial printing including engraving, manifold form printing and book binding. Repeater Facility: A facility for the non-commercial reception and retransmission of radio signals. I Prohibited Use: A use not specifically enumerated as a permitted use, accessory use, with or without standards and conditions, a conditional use, a temporary use, or a nonconforming use. 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. I 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. I 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 fifty-five thousand [55,000] volts or fifty-five [55] KV), gas, cable television, water and sewer, and all other facilities, equipment, and structures, including substations, switching stations, and reservoirs. 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 gambling 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. I 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. I Last printed 2/23/2006 12:36:00 PM 20 • Proposed 02-09-06 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. Restaurant: An establishment serving food to the general public in specific, designated dining areas. Restaurant, Drive-In: an establishment designed and constructed to serve food 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. Senior/Elderly Housing: A housing development designed and restricted for individuals and couples over the age of fifty-five years. Riding Stable: A commercial enterprise renting horses and providing instruction. I 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. Roadway: The paved or improved portion of a street/road, designed or ordinarily used for vehicular travel including shoulders, auxiliary lanes, curbs, sidewalks, etc. I 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. Last printed 2/23/2006 12:36:00 PM 21 Proposed 02-09-06 SEPA: The Washington State Environmental Policy Act of 1971 and administrative codes developed pursuant thereto or any amendments thereto. 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, Abandoned: A sign that advertises a product or service no longer available or a business no longer in operation; a sign which is illegible, non functional, in disrepair, or hazardous as a result of lack of maintenance; a nonconforming sign structure that has lost legal status as a result of abandonment or lack of use. • 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 billboard is located. • Sign, Building: An extension of a building (e.g. awning, canopy, marquee), whether permanent or temporary, which contains copy. • Bulletin Board: See Reader Board. • Sign, Copy: Letters, characters, illustrations, logos, graphics, symbols, writing or any combination thereof, designed to communicate information of any kind, or to advertise, 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, 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 from the street. • 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 Last printed 2/23/2006 12:36:00 PM 22 Proposed 02-09-06 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 a wall, ceiling, or floor surface where forms and/or figures are the dominant elements and not intended for commercial advertising. Any form of wording or logo shall be of secondary nature to a mural. ® 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 chapter. • 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, Obsolete: A sign not removed within thirty-six months by the owner or lessee of the premises upon which the sign is located when the advertised business is no longer conducted on the premises. ® 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. ® Sign, Off-Premise:-A sign displaying copy that pertains 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, 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 wheels. • 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. • Sign Area: The gross surface area of the sign, including a single surface of a sign with messages on both sides, the sum of all surfaces where two or more signs share a single structure, the gross surface area of both faces of a V-shaped sign; and the copy area of a monument sign. In the case of an irregularly shaped sign, the sign area is calculated by enclosing the extreme limits of the sign by no more than four(4) rectangles. The sum of the area of the rectangles shall be the gross surface area. The maximum allowable area is reduced by 10% for the second and each subsequent rectangle used in the calculation. I Last printed 2/23/2006 12:36:00 PM 23 Proposed 02-09-06 • Sign, Support Structure(s): Posts or columns and the anchors and bolts that structurally support the sign attached to it. • Sign, Temporary: A sign which is to be removed within a specific period of time or upon the occurrence of a specified event meeting the height and area requirements of Table 7.02; inclusive of inflatables. • Sign, Three-Sided: A sign with three faces. • Sign, Two-Sided: A sign with two faces. • Sign, Video Board: See Electronic Sign. • 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 facade 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 facade. 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 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. I Soap and Cleaning Compound Manufacturing:-The manufacture of soaps, detergents and cleaning chemicals and solvents. Solid Waste: All putrescible and non-putrescible solid and semisolid material, including, but not limited to, 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 transport to a central disposal or collection location. Specialized Training/Learning Schools/Studios:-Gymnastics, martial arts and dance studios and similar activities providing instruction to persons of all ages. Specified Anatomical Areas: Human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola, when such areas are less than completely and opaquely covered. This definition shall also include human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified Sexual Activities: Human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; fondling or other erotic touching of human genitals, pubic region, buttock or female breast. Stealth: Any Wireless Communications Antenna Array or Wireless Communication Support Tower which is designed to blend into the surrounding environment. Examples of stealth may include architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, antennas integrated into architectural elements, and wireless communication support towers designed to look like trees, clock towers, bell steeples, light poles or flag poles. Last printed 2/23/2006 12:36:00 PM 24 Proposed 02-09-06 Storage, General Indoor: The storage of equipment, merchandise and supplies within an enclosed structure. Storage, General Outdoor: The storage of any equipment, machinery, commodities, raw, semi-finished materials, and building materials, not accessory to a residential use, which is visible from any point on the building lot line when viewed from ground level to six feet above ground level. I Storage, Self-Service Facility: A facility including buildings and/or structures containing spaces of varying sizes leased, rented or sold on an individual basis and used exclusively for the storage of excess property and outdoor storage of vehicles and boats. Stormwater Drainage Facility: Constructed and natural features which function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate evaporate, divert, treat or filter stormwater. Stormwater facilities include but are not limited to, pipes, ditches, culverts, street gutters, detention ponds, retention ponds, evaporation ponds, constructed wetlands, infiltration devices, catch basins, oil/water separators and swales. I Story: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of a topmost floor and the ceiling or roof above. Street, Arterial Principal: Principal arterials serve the major centers of activity in urbanized areas and include the highest traffic volume corridors, serve the longest trips and carry a high proportion of the total urban travel, even though they constitute a relatively small percentage of the total roadway network. Street, Arterial, Minor: The minor arterial street system interconnects with and augments the principal arterial system. It accommodates trips of moderate length at a lower level of travel mobility than principal arterials. This system places more emphasis on land access than the principal arterial system. Such a facility may carry local bus routes and provide intra-community continuity, but ideally does not penetrate identifiable Street, Collector: The collector provides both land access and traffic circulation within residential neighborhoods and commercial and industrial areas. It differs from the arterial system in that facilities from the collector system may penetrate residential neighborhoods, distributing trips from arterials through the area to their ultimate destinations. Conversely, the collector system also collects traffic from local streets in residential neighborhoods and channels it into the arterial system. I Street, Flanking: One of the two streets abutting a corner lot which is not parallel with the lot front line. Street, Local Access: A street providing access to abutting property. Structure: Any construction, including a building or any portion thereof, erected for the purposes of support, shelter or enclosure of persons, animals or property of any kind, including swimming pools, decks in excess of thirty (30) inches in height, and roof overhangs exceeding three (3) feet. A fence of six feet (6'-0") or less in height is not a structure for purposes of this chapter, nor a masonry, brick, concrete, or cinder block wall of less than twenty-four inches in height. Subdivision: The subdivision of land into two or more parts for the purpose of establishing building sites, and including both short subdivisions and long subdivisions. Tailor: A personal service providing alterations and fittings for apparel. Tank Storage (LPG): The storage of liquefied petroleum gas or its component gases. I Last printed 2/23/2006 12:36:00 PM 25 Proposed 02-09-06 Tank Storage, Critical Materials: The storage of critical materials, 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 works and concerts, or motion pictures. 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, 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 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. • Guyed: 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. • Self-Supporting Lattice: A telecommunications tower that consists of an open network of metal braces, usually triangular or square in cross-section. • 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. Last printed 2/23/2006 12:36:00 PM 26 Proposed 02-09-06 o 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. •Whip: An omni-directional dipole antenna of cylindrical shape which is no more than 6 inches in diameter. olio •. : 1 e - - --e•••• a tj s tower^nr • - . _ - - - r *Fe {�{bAt1�..TcvvYr.��l�cl� telecommuni - - -- - . - -- . • EIA 222: Electronics Ina- - • •_ _ --dard 222, "Structural-Standards for Steel Antenna Towers and Ant-- - .-.. - --tures . --Sewice: The offering of telecommunications for a fee directly-tache pudic;er to such - _ - - - _ _ -• - - _ -_ - ."rectly to the public, regardless of the facilities used. —Tower: A self supporting or guyed structure more than-woenty-feet-in„cight, built primarily to support one or more telecommunications antennas- - e 'e r: - _a e arting structure in excess of 50 feet in height designed to support high-voltage-electric liner. T is does not include-lecal utility e - • -- - -- - (with or without transformers) designed to provide cle • - " - - " -• .-- - *Filers. - uyed- [nn.,+lcco er 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-struGture,inotuding antennas, hazard lighting, and-ether appurtenances, if-any- --Wionepelc: A self supporting tel- a -• . . •- - .- , - - insists of a single vertical pet-, • . - _ -- _ __-d-and/or attached to a foundation. --Self-Sup-pei4ing-L-attiee -telccommunicatiof +�-that GGnsists of-an-open-network-of metal braces, usually triangular or square-in-Gross section. Temporary Use: A use approved-permitted for a limited-specified period of time. 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 of important information, special conditions, restrictions, and/or circumstances that affect the property to a purchaser, lender and others. Tower, Ham Operator:A structure less than seventy-five (75) feet in height above grade used for two-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 Last printed 2/23/2006 12:36:00 PM 27 Proposed 02-09-06 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. Truck Sales, Rental, Repair and Maintenance: Land and facilities offering the sale service and maintenance of motor vehicles and cargo trailers with a manufacturers gross vehicle weight in excess of one-ton. Truck Stop: A facility providing parking, fueling, and restaurant services for large trucks, and may include truck washing facilities, sleeping accommodations and showers for drivers. Upholstery Shop: A retail service for the upholstery and re-upholstery of furniture. Variance: The means by which an adjustment may be made in the application of the specific regulations of this Code to a particular piece of property, which property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the vicinity and similar zone classification and which adjustment remedies the difference in privileges, provided, that a variance granted shall not authorize a use otherwise prohibited in the zone classification in which the property is located. 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. 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. Warehouse:A building in which more than fifty percent of the ground floor area is utilized for the storage of products, which is not the office or showroom area of the building. Wholesale business: Those businesses which sell, broker, transfer, receive or otherwise handle volume commodities for fabrication, resale or internal commercial or industrial consumption. 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. Yard: An open space other than a court, on a lot, unoccupied and unobstructed from the ground upward. Last printed 2/23/2006 12:36:00 PM 28 Proposed 02-09-06 • Front Yard: An area extending across the full width of a lot and lying between the lot front line and building setback line. The front yard is generally recognized by location of the main entrance to the building and/or orientation to the primary street. " ® Rear Yard: An area extending across the full width of the lot and lying between the lot rear line and that portion of a proposed or existing building or structure closest to the lot rear line or 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. I Youth Camp: -The use of a site for indoor or outdoor activities for children, including sports, arts and crafts, entertainment, recreation, educational activities, swimming, fishing, horseback riding and incidental food service. I Zone, Zoning District: A use classifications established for the purpose of promoting orderly and efficient development of land compatible with surrounding areas implementing the Comprehensive Plan. Zoning District, Light Industrial: A zoning district permitting manufacturing and other industrial uses, including the fabrication, transformation, or assembly of products that do not involve the generation of objectionable noise, odor, vibration, and dust or hazard. Zoning District, Heavy Industrial: A zoning district permitting manufacturing and other industrial uses, including mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics and resins. Zoning District, Residential: Zoning districts established for residential purposes. Zoological Park: Any facility other than a pet shop, circus, or kennel displaying, exhibiting or keeping (one or more) species of animals. I Last printed 2/23/2006 12:36:00 PM 29