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Agenda 07/23/2003 SPOKANE VALLEY PLANNING COMMISSION AGENDA Council Chambers - City Hall 11707 E. Sprague Avenue 6:30 p.m.-9:30 p.m. * * * July 23, 2003 * * * I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES • July 9, 2003 draft VI. PUBLIC COMMENT VII. COMMISSION REPORTS VIII. ADMINISTRATIVE REPORT Xl. COMMISSION BUSINESS A. OLD BUSINESS— B. NEW BUSINESS— 1. Study Session -Junk Vehicle Ordinance 2. Discussion of planning and implementing a City Center X. FOR THE GOOD OF THE ORDER XI. ADJOURNMENT REMINDER: WCIA Training: July 31st— 6-9pm COMMISSIONERS CITY STAFF Fred Beaulac Marina Sukup, AICP Robert Blum Greg McCormick,AICP John G. Carroll Scott Kuhta,AICP David Crosby Debi Alley William Gothmann, Chair Gail Kogle Ian Robertson, Vice-Chair www.spokanevalley.org Spokane Valley Planning Commission DRAFT Minutes Council Chambers—City Hall 11707 E. Sprague Ave. July 9,2003 CALL TO ORDER Bill Gothmann,Planning Commission Chair, called the meeting to order at 6:33 p.m. II. PLEDGE OF ALLEGIANCE The Commission and audience recited the Pledge of Allegiance. III. ROLL CALL Fred Beaulac—Present Bill Gothmann—Present Bob Blum—Present Ian Robertson—Absent David Crosby—Present John G. Carroll -Present Gail Kogle—Excused Absence IV. APPROVAL OF AGENDA David Crosby moved that the agenda be approved as presented. John G. Carroll seconded the motion. Motion passed unanimously. V. APPROVAL OF MINUTES Bob Blum asked that Page 5,Numeral X, be amended to read: "Commission meetings will change to the 2'"and 4`h Thursdays beginning in August. It was moved by Bill Gothmann and seconded by David Crosby that the minutes of the June 25, 2003 Planning Commission meeting be approved as amended Motion passed unanimously. VI. COMMISSION REPORTS Bill Gothmann: Bill introduced the City's new Community Development Director,Marina Sukup. He gave the Commissioners an overview of his participation in Council activities and his work with members of the public over the past two weeks. VII. ADMINISTRATIVE REPORT Marina Sukup: Instead of giving each Commissioner a separate email address, Ms. Sukup had the City's computer consultant set up one address: planningspokanevalley.org. This address will be posted on the City's website, and all public comments will be received by Debi Alley and forwarded to all Planning staff and Commissioners. VIII. COMMISSION BUSINESS OLD BUSINESS: Public Hearing: Proposed Code Amendment—Zoning Code Compliance (Continued) Bill Gothmann, Planning Commission Chair, declared the public hearing, continued from June 25, 2003, open at 6:45 p.m. An Ordinance of the City of Spokane Valley, Washington, amending Chapter 14.406 of the City of Spokane Valley Municipal Code Relating to Zoning Code Compliance. There was a motion on the floor to adopt the Ordinance as amended. Mr. Gothmann called for any further discussion. Greg McCormick called attention to his memorandum to the Planning Commission dated June 30, 2003,regarding his recommendation to remove the "Definitions" section from Chapter 14.406. Marina explained to the Commission that in the near future they will be working with Cary Driskell on a unified code for all land use areas. Nuisance ordinances (e.g. Junk Autos and Nuisances)will become separate law and not remain embedded in the zoning ordinance. Since this ordinance will undergo future changes which might affect the need for a definitions section, Cary recommended that it remain in the ordinance. All present agreed. The following amendments to the Zoning Code Ordinance were recommended: 14.406.110—Voluntary compliance agreement—contents. Section A: Change the word"under"with the word"in"in the second sentence so it will read "....responsible for a code violation in which such person(s)... ". The hearing was closed for a brief time to enable Cary Driskell to draft new language for several sections which appeared to the Commission to be in conflict. Cary returned to the meeting with the following recommended changes to the Zoning Code Ordinance: 14.406.310—Notice and order—contents. Section F: Amend this section to read: "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 " A motion to approve 14.406.310,Section F as per Cary Driskell's amendment, and authorizing Cary to review his amendments during normal working hours 2 to make any needed changes, was made by Fred Beaulac and seconded by Bill Gothmann. Motion passed unanimously. 14.406.560—Cost recovery. Section A: Amend this section to read: "In addition to the other remedies available under this chapter, upon issuance of a notice and order or stop work order the Director 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:"... David Crosby moved that 14.406.560,Section A, be approved as amended. Fred Beaulac seconded the motion. Motion passed unanimously. 14.406.110—Voluntary compliance agreement—contents. Section A.6: It was suggested that the wording on the fourth line of the first sentence be amended to read: `perform abatement of the violation by the City, assess the costs incurred by the City to pursue code compliance and to abate the violation,......... " It was moved by Bill Gothmann and seconded by David Crosby that 14.406.110, Section A.6, be approved as amended. Motion passed unanimously. 14.406.500—Civil penalties—assessment schedule. John. G. Carroll moved that the word "similar"be struck from the fee schedule chart in Section A. wherever it occurs. Robert Blum seconded the motion. Motion failed 3-2—(John G. Carroll and Robert Blum in favor;Bill Gothmann, Fred Beaulac and David Crosby against). 14.406.570—Collection of civil penalties,fees and costs. It was moved by Bill Gothmann that this section be amended to read: "The Director may use the services of a collection agency in order to collect any civil penalties, costs and/or interest owing under this chapter." Fred Beaulac seconded the motion. Motion passed unanimously. Bill Gothmann moved that the Zoning Compliance Code be adopted as amended during the Public Hearing. David Crosby seconded the motion. Motion passed unanimously. The Public Hearing ended at 8:05 p.m. NEW BUSINESS: Review of Interim Zoning Regulations and Comprehensive Plan Greg McCormick and Scott Kuhta provided an overview of what the City of Spokane Valley adopted for the Zoning and Comprehensive Plan- and how they relate. 3 Scott covered the Comprehensive Plan land use map for the City, and gave the Commissioners a summary of land use designations. The policies for how to site land use designations are embedded in the Comprehensive Plan. The Commission will have a number of Comp Plan amendments to discuss in the future. Greg McCormick covered the Zoning Map and the categories of zones the City of Spokane Valley adopted from Spokane County. There was some discussion regarding zoning designation for a new City Center, and the need for mining operation zones. Greg provided the Commission with a chart that compared the Comp Plan land use designations with existing Zoning specifications. Discussion of Framework for the Development of the Comprehensive Plan Marina Sukup provided the Commission with handouts containing information about residential and business zone dimensional standards and a schedule of permitted uses. She asked that they become familiar with the goals of the interim Comprehensive Plan and amend, add or delete as appropriate. Marina sees the Planning Commission's priorities regarding Comp Plan"policies"as follows: 1. Land Uses and City Center 2. Transportation—arterial classification and design standards 3. Subsets of Land Use (e.g. parks and open space, shoreline management and"critical areas"). 4. Economic Development and Housing 5. Capital Facilities IX. PUBLIC COMMENT Joanne Boyer, 1418 S. Wilbur Road, Spokane Valley, WA 99206 Ms. Boyer attended the City Council meeting on July 8, 2003, and was told to bring her matter before the Planning Commission. She and her neighbors are concerned about a four-acre parcel of land between 12th and 16th off Bowdish, with only one access road. They believe duplexes may be built on this property, and are asking that their neighborhood be rezoned for single-family residences only. The Planning staff explained that the only way this could be done would be for Ms. Boyer and her neighbors to submit a text amendment to the existing Zoning Code. She was encouraged to make an appointment to meet with staff about how this is done. If a fmal proposal results from this meeting, a Public Hearing would be scheduled for discussion by the Planning Commission and the public. X. FOR THE GOOD OF THE ORDER Greg McCormick announced that the Joint Meeting of Planning Commissions will be on Wednesday, July 17, 2003 from 12:00— 1:30 p.m. It is a luncheon meeting at the Spokane County Public Works Building. The City of Spokane 4 Valley will buy lunch for any of its attending Commissioners. Scott Kuhta will send out emails to the Commission to get an exact head count. John G. Carroll asked staff if they could gather information and prepare a report to the Planning Commission regarding the attributes of a viable City Center. He would like to see some examples of comparable cities that chose to develop a City Center, and possibly some examples of cities that chose against the idea. M. ADJOURNMENT There being no further business,the meeting was adjourned at 9:23 p.m. 5 pokane Valley MEMO Date: July 23, 2003 To: Spokane Valley Planning Commission From: Scott Kuhta, Long Range Planner Cary Driskell, Deputy City Attorney RE: Study Session — Draft Junk Car Ordinance Attached to this memorandum are a proposed Draft Junk Car Ordinance and a Draft Text Amendment to the Interim Zoning Code. The Planning Commission will conduct a public hearing on these items, tentatively scheduled for August 14, 2003. Background The City Council conducted a public hearing on a proposed Junk Car Ordinance on May 27, 2003. After receiving public testimony, the Council voted to table the item and directed Planning Staff to discuss the issues raised during the hearing with interested individuals. Planning and Code Enforcement Staff organized a Citizens Committee to review the issues and make an advisory recommendation. The Committee included four car enthusiasts, one SCOPE volunteer and a Spokane Valley Planning Commissioner. The group met once, on June 12, 2003, to discuss issues relating to junk cars. The Committee's recommendations were presented in a memo (attached) to the City Council on June 13, 2003. The City Council directed the Planning Commission to review the proposed ordinance and provide an advisory recommendation. Issue Summary The intent of the proposed ordinance is to clean up junk cars that are so prevalent throughout Spokane Valley. The main issues addressed in the ordinance are: 1. Definition of a junk vehicle. 2. Number of junk vehicles allowed on private property. 3. Abatement of junk vehicles. Definitions The ordinance defines junk vehicles, with language taken directly from RCW 46.55.010, except for the "apparently inoperable" provision. A vehicle must meet three of four criteria before it is determined to be "junk". The ordinance also defines "vehicle", which is any device capable of being moved on a public highway. Storage The proposed ordinance states that no more than 2 junk vehicles, including parts cars, can be stored in the UR-3.5 and UR-7 zones. The vehicles must be completely screened behind a fence or landscaping. An unlimited number of junk vehicles are allowed in completely enclosed buildings. Outdoor storage of junk vehicles is not permitted in the UR-12 and UR-22 zones. Vehicle Repair Cars under repair are not considered junk vehicles. However, it must be shown that a good faith effort is being made to repair the vehicle. Further, the repairs must be completed in 60 days; an additional 60 day period may be granted by the Community Development Director. The proposed regulation does not restrict the location on the property where individuals can work on a car. Abatement The ordinance includes a process to abate, or remove, junk vehicles from private property. The process includes issuing a violation notice, a hearing on the violation if requested by the responsible person, and authorization to recoup costs associated with disposing junk vehicles. Zoning Code Amendment Storage of junk vehicles is currently regulated by the Interim Zoning Code under Storage Standards of the four residential zones. The proposal is to amend Chapters 14.616, 14.618, 14.620 and 14.622 to delete standards for storing inoperable vehicles and adding a sentence referring to the new Junk Car Ordinance. Citizens Committee Recommendations The Citizens Committee recommends the following: Definitions: No change to proposed definitions. Storage: The Committee recommends allowing up to 3 cars on private property in the UR-3.5 and UR-7 zones. This will allow for 2 parts cars, which are often needed when repairing and/or restoring cars, according to the Committee. The Committee agreed that the vehicles must be fully screened behind a fence or landscaping. Vehicle Repairs: The Committee supported an additional 60 day time period for good faith car repairs. Abatement: The Committee agreed that, as long as the City is abating true junk vehicles, and not collector or hobby cars, they support the abatement provisions. Proposed administrative draft—C.Driskell July 15,2003 Draft 5 CITY OF SPOKANE VALLEY, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, REGULATING THE STORAGE OF JUNK VEHICLES ON PRIVATE PROPERTY. WHEREAS, The City of Spokane Valley, Washington has adopted a Zoning Code to regulate the orderly development of the City of Spokane Valley; and WHEREAS, there currently exists within the City a large number of private properties where junk vehicles are being permanently stored in violation of existing Zoning Code provisions; WHEREAS, the storage of unlicensed and inoperable motor vehicles on private property creates a public nuisance and interferes with the reasonable use and enjoyment of property; WHEREAS, violations of the Zoning Code pose a threat to the health, welfare and safety of the citizens of the City, and the City desires to address this problem; WHEREAS, enforcement of the Zoning Code is within the police powers of the City of Spokane Valley, Washington; and WHEREAS, the City finds and declares that it is in the best interest of the residents and inhabitants of the City to remove junk vehicles as public nuisances, and provide for their abatement through due process. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY, WASHINGTON DO ORDAIN AS FOLLOWS: SECTION 1 — Purpose and intent. The City recognizes the benefit and enjoyment individuals receive from the repair and rehabilitation of old or inoperable vehicles. It is, however, the purpose and intent of this ordinance to provide for the removal of junk vehicles from private property that create an attractive nuisance and negative aesthetic impact upon property and the community. SECTION 2—Definitions. A. "City"means the City of Spokane Valley, Washington. c/cpd work files/ordinances/junk vehicles/junk vehicle ordinance-proposed admin draft 5,7-15-03 - 1 - Proposed administrative draft—C.Driskell July 15,2003 Draft 5 B. "Code Enforcement Officer" means a regular or specially commissioned officer so designated by the Director of Community Development for the City. C. "Director" means the City Manager or designee, who is anticipated to be Director of Community Development for the City. D. "Hearing Examiner"means the hearing examiner for the City. E. "Impound" for the purposes of this ordinance means to take and hold a vehicle in legal custody. F. "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. G. "Junk vehicle" means a vehicle substantially meeting at least three of the following criteria: 1. Is three years old or older; 2. Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield, missing wheels, tires, motor, or transmission; 3. Is apparently inoperable; 4. Has an approximate fair market value equal only to the approximate value of the scrap in it. H. "Person(s) responsible for a violation"means: 1. The land owner where the junk vehicle is located as shown on the last equalized assessment roll; and 2. The last registered owner of the vehicle, unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101; and 3. The legal owner of the vehicle. I. "Vehicle" for the purposes of this ordinance includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, including bicycles. The term does not include devices other than bicycles moved by human or animal power or used exclusively upon stationary rails or tracks, as set forth in RCW 46.04.670. c/cpd work files/ordinances/junk vehicles/junk vehicle ordinance-proposed admin draft 5,7-15-03 -2 - Proposed administrative draft—C. Driskell July 15,2003 Draft 5 SECTION 3 — Abatement and removal of junk vehicles from private property. Except as provided in Section 4, all junk vehicles placed, stored or permitted to be located on private property within the City limits are public nuisances to be abated as provided in this ordinance. SECTION 4—Exceptions. This ordinance 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; 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 of 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 subsection. Good faith efforts of repair can include producing invoices showing work or parts purchased for repair or renovation within thirty 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 thirty days prior to issuance of the notice of violation. This exception allows up to sixty (60) days for good faith repair. Upon good cause shown, the Director shall have the discretion to grant one additional sixty (60) day exception period to this ordinance. 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 ordinance up to two (2)junk vehicles in UR 3.5 and UR 7 zones, so long as they are completely sight-screened by maintained Type I or II landscaping, a maintained landscaped berm, or fencing. Types I and II landscaping are described in Spokane Valley Zoning Code Section 14.806.060. Junk vehicles allowed by this exception are restricted to only the UR 3.5 and UR 7 zones. SECTION 5—Violation notice—abatement—service. A. A Code Enforcement Officer is authorized to issue and serve an abatement notice upon reasonable belief that a violation of one or more provisions of this ordinance has occurred. B. The abatement notice shall be issued to the person(s)responsible for a violation of this ordinance. The last legal and registered owner need not be notified if the vehicle is in such condition that identification numbers are not available to determine ownership. c/cpd work files/ordinances/junk vehicles/junk vehicle ordinance-proposed admin draft 5,7-15-03 - 3 - Proposed administrative draft—C.Driskell July 15,2003 Draft 5 C. The abatement notice may be served by means of personal service, or by mailing a copy of the abatement notice to a person(s) responsible for a code violation to his or her last known mailing address as determined by the Code Enforcement Officer by certified mail, with a five-day return receipt requested. Proof of service shall be made by a written declaration under penalty of perjury by the person affecting the service, declaring the time, date,place of service, and the manner by which service was made. D. The abatement notice shall contain substantially the following information: 1. The name and address of the person to whom the notice is issued; 2. The location of the subject property by address or other description sufficient to identify the subject property; 3. A description of the vehicle and its location, and the reasons the City deems it to be a public nuisance in violation of this ordinance; 4. A description of the corrective action necessary to eliminate the violation; 5. The date by which the corrective action must be completed to avoid abatement action by the City, which shall be no later than fifteen (15) days from the date of service of the abatement notice; 6. That the person(s) responsible for a violation has the right to request a hearing regarding the abatement notice to the Hearing Examiner, pursuant to Section 6; 7. A statement that if the person(s) responsible for a violation fails to complete the corrective action by the date required or request a hearing before the Hearing Examiner, the City or its designee shall remove, impound and dispose of the vehicle, and will assess all costs of administration and removal against the person(s)responsible for a violation; and 8. A statement that the land owner upon which the vehicle is located may request a hearing, then appear in person or provide a written statement to the Hearing Examiner denying responsibility for the presence of the vehicle on the land, with his or her reasons for the denial. 9. A statement that the impounding of a vehicle shall not preclude charging the violator with a Class 1 infraction pursuant to RCW 7.80. A person responsible for a violation shall be issued a Class 1 infraction with a penalty in the amount of$250.00. 10. A statement that a person responsible for a violation who voluntarily complies with or allows abatement within fifteen days of receiving a notice of abatement shall not be issued an infraction. c/cpd work files/ordinances/junk vehicles/junk vehicle ordinance-proposed admin draft 5,7-15-03 - 4 - Proposed administrative draft—C.Driskell July 15,2003 Draft 5 SECTION 6—Hearing on abatement notice. A. A person(s) responsible for a violation shall have fifteen (15) days from the date of service of the abatement notice to request a hearing before the Hearing Examiner. Upon receipt of such a request, the City shall provide a hearing notice stating the time, location and date of the hearing on the issue of abatement and removal of the vehicle, or part thereof, as a public nuisance. The City shall mail this notice by certified mail, five- day return receipt requested, to the person(s) responsible for a violation. B. The hearing notice shall contain a statement that a person(s) responsible for a violation may appear in person at a hearing or by submitting a written statement for consideration. If the land owner denies responsibility for the vehicle being on his or her land, and has provided sufficient written evidence in support of the denial, the Hearing Examiner is authorized to determine, based upon available evidence, whether the land owner is responsible for, or acquiesced to, the presence of the vehicle. The Hearing Examiner will determine if the land owner is responsible for the junk vehicle being on the property. If the land owner has not acquiesced in the vehicle's presence, the Hearing Examiner's order shall state such. In that instance, the land owner shall sign a written permission form allowing the City to immediately remove the junk vehicle from his or her real property. If the land owner fails to sign the permission form, he or she will be determined to be acquiescing in the vehicle's presence on the real property. C. If the Hearing Examiner determines that a land owner is not responsible for a vehicle being on his or her property, the City shall not assess costs of administration (including a civil infraction) or nuisance abatement against the real property where the vehicle is located. D. Any person appealing an abatement notice must pay a $250.00 appeal fee. If the person appealing prevails at the abatement hearing, the appeal fee will be refunded to the person who paid the appeal fee within thirty (30) business days of issuance of the Hearing Examiner's written decision. E. The Hearing Examiner may uphold, modify or revoke the abatement notice as appropriate. The Hearing Examiner shall provide written findings of fact and order within ten business days of the conclusion of the hearing. The Hearing Examiner's order shall constitute a final action. F. A copy of the Hearing Examiner's order shall be served upon the person(s) to whom it is directed, either personally or by mailing a copy of the order by certified mail, with a five-day return receipt requested, to such person at his or her last known address as determined by the code compliance officer. Proof of service shall be made by a written declaration under penalty of perjury by the person effecting service, stating the time, date, location and manner by which service was made. c/cpd work files/ordinances/junk vehicles/junk vehicle ordinance-proposed admin draft 5,7-15-03 - 5 - Proposed administrative draft—C.Driskell July 15,2003 Draft 5 SECTION 7—Removal and disposal—costs—liens. A. After notice has been given of the City's intent to dispose of the vehicle, and a person(s) responsible for a violation has failed to correct the violation or request a hearing within fifteen (15) days, or a hearing was requested and the Hearing Examiner issued an order to abate the vehicle, resulting in authority to remove, the vehicle or part thereof shall be removed by the City or at the City's direction. The vehicle shall be disposed of to a licensed motor vehicle wrecker or hulk hauler with notice to the Washington State Patrol and the State Department of Licensing that the vehicle has been wrecked. Any vehicle or part thereof impounded pursuant to this ordinance shall be processed in accordance with the laws of the State of Washington. B. Any registered disposer under contract with the City for the impounding of vehicles shall comply with any administrative regulations relative to the handling and disposing of vehicles as may be promulgated by local authority or the Director. C. Costs of removal may be assessed against the legal owner of the vehicle if that identity can be determined, the registered owner of the vehicle if that identity can be determined, unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101, or the costs may be assessed against the land owner on which the vehicle is located, subject to Section 6(C). D. In addition to, or in lieu of, any other state or local provision for the recovery of costs, the City may, after removal of a vehicle under the ordinance, file for record with the Spokane County Auditor to claim a lien for the cost of removal, and any and all collection costs. Such liens are to be filed against the land owner, if applicable. Such a lien shall be substantially in accordance with the provision regarding mechanic's liens in RCW 60.04, and said lien shall be foreclosed in the same manner as such liens. SECTION 8 —Infractions —voluntary compliance. The impounding of a vehicle shall not preclude charging the violator with a Class 1 infraction pursuant to RCW 7.80. A person responsible for a violation shall be issued a Class 1 infraction with a penalty in the amount of$250.00. A person responsible for a violation who voluntarily complies with or allows abatement within fifteen days of receiving a notice of abatement shall not be issued an infraction. SECTION 9 — Junk vehicle abatement program — authorized. The Director is authorized to develop a comprehensive junk vehicle abatement program. It is intended that this program will developed through community involvement. The purpose of the Junk Vehicle Abatement Program is to develop a program that is cost effective for the City, encourages voluntary compliance, and implements the goals of this Ordinance. SECTION 10—Junk vehicle 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 c/cpd work files/ordinances/junk vehicles/junk vehicle ordinance-proposed admin draft 5.7-15-03 - 6 - Proposed administrative draft—C.Driskell July 15,2003 Draft 5 mechanism. Any monies collected under this ordinance that exceed an amount projected to cover anticipated abatement requirements within a six month time period shall be placed in the general fund. SECTION 11 — Severability. If any section, sentence, clause or phrase of this ordinance, or any regulation, rule or order adopted pursuant to the authority thereof be determined invalid or unconstitutional, it shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 12 — Effective date. This ordinance shall be in full force and effect five (5) days after publication of this ordinance or a summary thereof in the official newspaper of the City as provided by law. PASSED by the City Council this day of September, 2003. Mayor, Michael DeVleming ATTEST: City Clerk, Christine Bainbridge Approved as to form: Interim City Attorney, Stanley M. Schwartz Date of publication: Effective date: c/cpd work files/ordinances/junk vehicles/junk vehicle ordinance-proposed admin draft 5,7-15-03 - 7 - DRAFT DRAFT Chapter 14.616 URBAN RESIDENTIAL-3.5(UR-3.5)ZONE 14.616.355 Storage Standards All storage(including storage of recyclable materials)shall be wholly within a building or shall be screened from view from the surrounding properties and shall be accessory to the permitted use on the site. There shall be no storage in any required front yard or flanking street yard. Storage of inoperable and/or unlicensed vehicles is regulated by Spokane Valley Ordinance No. - - able-er net currently licensed vehicles or • • •• -- - - - . . -. - - - y sight screened year round from uses allowed in this zone witla-a limit within a permitted,completely enclosed building,including doors. Vehicle remnants or parts must be stored inside a vehicle or a permitted,completely enclosed building,including doors. Fences over six(6)feet in height require a building permit and/or a zoning variance. Type I and II landscaping are described in Section 14.806.060. • - • - • .•-b - - .- -.. storage of more than two(2)inoperable or adoption,plus one year(September 1,1993). Chapter 14.618 URBAN RESIDENTIAL-7(UR-7)ZONE 14.618.355 Storage Standards All storage,except as provided below,shall be wholly within a building and shall be accessory to the permitted use on the site. Where proposed,recreational vehicle parking areas shall be paved and screened from view of adjoining properties. All multiple-family developments shall designate recreational vehicle parking areas. On lots where the primary use is a duplex or multi-family dwelling use,the private,noncommercial storage of inoperable or not-currently-licensed vehicles or remnants thereof shall be allowed within a permitted,completely enclosed building,including doors. Storage of inoperable and/or unlicensed vehicles is regulated by Spokane Valley Ordinance No. On lots where the primary use is a single family dwelling,the private,noncommercial storage of up to area or maintained landscaped berm. There is no number limit within a permitted,completely permitted,completely enclosed building,including doors. Fences over six(6)feet in height require a 14.806.060. dwelling,nonconforming rights will end on the first day of the month after adoption,plus one year Draft Zoning Code Text Revision July 23,2003 DRAFT DRAFT (September 1,1993). Chapter 14.620 URBAN RESIDENTIAL-12 (UR-12)ZONE 14.620.355 Storage Standards All storage shall be wholly within a building and shall be accessory to the permitted use on the site. Where proposed,recreational vehicle parking areas shall be paved and screened from view of adjoining properties. All multiple-family developments shall designate recreational vehicle parking areas. Storage of inoperable and/or unlicensed vehicles is regulated by Spokane Valley Ordinance No. thereof shall be allowed within a permitted,completely enclosed building,including doors. Chapter 14.622 URBAN RESIDENTIAL-22(UR-22)ZONE 14.622.355 Storage Standards All storage shall be wholly within a building and shall be accessory to the permitted use on the site. Where proposed,recreational vehicle parking areas shall be paved and screened from view of adjoining properties. All multiple-family developments shall designate recreational vehicle parking areas. Storage of inoperable and/or unlicensed vehicles is regulated by Spokane Valley Ordinance No. thereof shall be allowed within a permitted,completely enclosed building,including doors. Draft Zoning Code Text Revision July 23,2003 MEMO TO CITY COUNCIL FOR JUNE 17 STUDY SESSION June 13, 2003 From Cary P. Driskell,Deputy City Attorney ISSUE—Junk/inoperable vehicle ordinance. Several members of the staff(Chris Berg, myself, Greg McCormick, Kim Lyonaise and Scott Kuhta), Bill Gothmann of the Planning Commission, a SCOPE volunteer, and four car enthusiasts met June 12 from 5:00 to 7:00 p.m. to discuss the junk vehicle ordinance. The purpose of the meeting was to address issues raised in opposition to the original draft junk vehicle ordinance presented to the Council three weeks ago. This meeting was part of a broader attempt to increase public participation for a revised proposal. The meeting was very cordial, and staff all felt like we came to some general consensus on the pertinent issues. Greg did a pared down version of the power point presentation that was provided to Council last month to show the problem. We then explained to them that the intent of the draft ordinance was to target true junk vehicles. We then walked through state law, the existing County regulations, and the draft ordinance that was tabled. Following that, the group discussed various options, including definitional changes, exceptions, fines, and appeal rights. Scott prepared a table of different policy approaches under three classifications of ordinances. Those are included with this memo. To summarize our discussions, there was consensus that up to three vehicles should be allowed in back yards so long as they are completely screened year round by either sight- obscuring fence or landscaping. There was consensus that the definitions did not need to be changed if up to three vehicles (or parts thereof) were allowed. Further, once they understood the issue of allowing up to 60 days for good faith effort of repair anywhere on the property, they were fine with that, so long as there is additional language that the Community Development Director has authority to grant one 60 day extension on a showing of good cause. Staff would like to know if there are any of the specific policy alternatives that the Council would like the Planning Commission to give deference to. We have also attached a projected timeline for adoption of a revised junk vehicle ordinance. G 77yw Cary P lDriskell Deputy City Attorney City of Spokane Valley Planning Commission RULES OF PROCEDURE We, the members of the Planning Commission of the City of Spokane Valley, State of Washington, pursuant to the City of Spokane Valley Ordinance No. 35, do hereby adopt and publish the following Rules of Procedure ORGANIZATION AND RULES OF PROCEDURE 1. Name A. The "City of Spokane Valley Planning Commission"1 hereinafter referred to, as the "Commission" is an advisory body created by the City Council for purposes consistent with Ordinance No. 35. 2. Location A. The Commission offices shall be the City Hall of the City of Spokane Valley. 3. Officers Unless otherwise required by a vacancy in office, the Commission shall organize every second year in accordance with Ordinance No 35. A. Officers of the Commission shall be elected from its membership; the officers shall be Chair, Vice Chair, and other appropriate officers that the Commission may choose to approve and appoint by majority vote. B. The Chair shall preside over the Commission and exercise all powers incidental to the office, retaining however, the full right as a member of the Commission to propose second motions and have a vote recorded on all matters of the Commission. C. The Vice-Chair shall, in the absence of the Chair from any meeting, perform all the duties incumbent upon the Chair, and retain the full right as a member of the Commission in the same manner as the Chair. 4. Secretary of the Commission A. The Director of the Department of Community Development or his/her designee shall serve as the Secretary to the Commission. 1 B. The Secretary shall provide for a tape recording of Commission meetings, including public hearings and shall ensure that summary minutes of all public hearings are prepared and filed in the public record. C. The Secretary will conduct and record a roll call of the Commission members at each meeting, public hearing and shall note for the record attendance at study sessions. 5. Election of Officers A. Officers shall be elected at the second regular meeting in the 11th calendar month of each year, by majority vote of the membership of the Commission. Terms of office shall run from January 1 following the election meeting until December 31 of the second year, or until a successor has been elected. No Commission member shall serve more than two full consecutive terms as Chair of the Commission. No member shall serve as vice-chair for more than two full consecutive terms. B. A vacancy in any office will be filled by a special election, to be held at a convenient time with a majority present. In the event that the office of Chair is vacated, the vice-chair shall serve in that capacity until the required special election is held. Any member of the Commission is eligible to fill the vacancy. However, no member can hold two office positions. 6. Quorum A. A quorum shall consist of four members of the Commission and no action can be taken in the absence of a quorum except to adjourn the meeting to a subsequent date. A quorum must be present for public hearings and study sessions. 7. Voting A. The affirmative vote of a majority of those present shall be necessary for the adoption of any motion or other general matter. B. For the conduct of business dealing with matters, which require adoption or changes to the City's Comprehensive Plan and the election of officers, at least four affirmative votes must be cast. Each member of the Commission is entitled to one vote but no proxy shall be allowed. 2 8. Meetings A. There shall be two Planning Commission regular meetings each month. The meetings shall be held on the 2nd and zitn Wednesdays of the month, commencing at 6:30 p.m. and ending at 9:30 p.m. until July 31 and thereafter on the 2nd and 4th Thursdays of the month at the time set forth above. Meeting ending time can be extended by a majority vote of the commission. Meetings may be used for general planning matters, study sessions or public hearings as described below. 1. Meetings on General Planning Matters. General planning matters to be reviewed by the Commission will be typically be preceded by a study session of the Commission to discuss the issues with Community Development Department staff. Generally, no testimony from the public shall be taken at a study session. 2. Public Hearing Meeting. A public hearing is a meeting wherein general business and public hearing items, such as the Comprehensive Plan and development regulations are discussed and decided. 3. Scheduled meetings may be canceled or convened at other times if deemed necessary by the Chair or, in the absence of the Chair, by the Vice-Chair. Notice of cancellation shall be given personally to Commission Members and to the public by posting a notice at Commission offices. 4. The recommended order of business for meetings is: (a) Call to order by Chair. (b) Pledge of Allegiance. (c) Roll call by recording secretary. (d) Approval of Agenda. (e) Approval or amendment of minutes. (f) Commission Members Report (g) Administrative Report. (h) Commission Business. a. Old Business b. New Business (i) Public Comment 0) For the Good of the Order. (k) Adjournment. B. Planning Commission meetings shall be held in accordance with the requirements of the Open Meetings Act, RCW Chapter 42.30. 3 C. Special meetings and study sessions may be called: 1. By the request of the Chair, or, in the Chair's absence, by the Vice- Chair. 2. By the written request of three or more members of the Commission. 3. By agreed motion of the Commission. 9. CONDUCT OF HEARINGS A. Actions for a Planning Commission Public Hearing. 1. Prior to the start of the public hearing, the Chair may require that all persons wishing to be heard shall sign in with the Secretary, giving their names and addresses, the agenda item, and whether they wish to speak as proponent, opponent, or otherwise. Any person who fails to sign in shall not be permitted to speak until all those who signed in have done so. At any public hearing, persons who have signed in and wish to be heard shall be given an opportunity to be heard. However, the Chair shall be authorized to establish speaker time limits and otherwise control presentations to avoid repetition. The Chair, subject to concurrence by the majority of the Commission, may establish time limits and otherwise control presentations. The Chair may change the order of speakers so that testimony is heard in the most logical groupings, (i.e., proponents, opponents, adjacent owners, vested interests, etc.) B. The Chair introduces the agenda item, opens the public hearing, and announces the following Rules of Order: 1. All comments by proponents, opponents, or the public shall be made from the speaker's rostrum, and any individual making comments shall first give his/her name and address. This is required because an official recorded transcript of the public hearing is being made. 2. It is not necessary to be a proponent or opponent in order to speak. If you consider yourself neither a proponent nor opponent, please speak during the proponent portion and identify yourself as neither a proponent nor an opponent. 3. No comments shall be made from any other location, and anyone making "out of order" comments shall be subject to removal from the meeting. 4 4. Please avoid demonstrations, applause or other audience participation during or at the conclusion of anyone's presentation. It is distracting to the Commission and persons testifying. 5. These rules are intended to promote an orderly system of holding a public hearing, to give persons an opportunity to be heard and to ensure that individuals are not embarrassed by exercising their right of free speech. C. When the Commission conducts a hearing to which the Appearance of Fairness Doctrine applies, the Chair (or in the case of a potential violation by that individual, the Vice Chair) will ask if any Commission member knows of any reason which would require such member to excuse themselves pursuant to the Appearance of Fairness Doctrine. The form of the announcement is as follows: All Commission members should now give consideration as to whether they have: (1) A demonstrated bias or prejudice for or against any party to the proceedings; (2) A direct or indirect financial interest in the outcome of the proceeding; (3) A prejudgment of the issue prior to hearing the facts on the record, or (4) Had ex parte contact with any individual, excluding administrative staff, with regard to an issue prior to the hearing. Please refer to Section 16(B) for more specific information on how to proceed where there has been an ex parte communication. If any Commission member should answer in the affirmative, then the Commission members should state the reason for his/her answer so that the Chair may inquire of administration as to whether a violation of the Appearance of Fairness Doctrine exists. CONDUCTING THE PUBLIC HEARING The Chair announces the matter and opens the public hearing stating the date and time. The Chair allows staff to describe the matter under consideration and place matters in the public record. The Chair inquires as to whether Commissioners have any questions of staff. If any Commission member has questions, the appropriate individual will be recalled. 5 The Chair allows proponents, opponents and the public to offer testimony and evidence on the pending matter. The Chair may allow Commission members to ask questions of any person at the conclusion of their testimony. At the conclusion of the public testimony, the Chair asks staff if any additional information, testimony or evidence to submit for the record. The Chair either closes or continues the public hearing. Additional testimony may not be requested or considered after the closing of the public hearing, unless the Chair declares the record open until a date certain for the purpose of receiving written testimony or materials. The Chair inquires if there is a motion by any Commission member. If a motion is made, it shall be in the form of an affirmative motion. Following the motion and its second, discussion occurs among Commission members. The Chair inquires if there is any further discussion by the Commission members. The Chair inquires if there are any final comments or recommendations from staff. The Chair inquires of the Commission members if they are ready for the question. The Secretary records a roll call vote. The Chair may direct staff to prepare findings for approval. D. Pre-filing of testimony or evidence is encouraged and may be delivered to the Department of Community Development in advance of a hearing. 10. Agenda, Staff Reports and Minutes for Regular Meetings. A. Typically, a copy of the agenda for every regular meeting of the Planning Commission shall be sent to each member up to seven (7) days prior to the date of the meeting. B. If available, staff reports will be sent to Planning Commission members with the agenda. Agendas and staff reports will be made available to applicants and the public at the same time. 6 11. Minutes and Communications with the City Council. A Minutes of all meetings shall be kept and the complete files of proceedings and actions taken in connection therewith shall be considered the public record and filed with the City Clerk. The Secretary shall provide the Commission members with a set of minutes of the previous meeting. These minutes shall be considered for approval by the Commission at a regularly scheduled public meeting and upon approval shall become part of the official record of action of the Commission. Minutes shall also be transmitted as correspondence to the City Council for general information. B The assigned City Council Liaison may attend meetings for the purposes of communications with the Council as set forth in the "CITY OF SPOKANE VALLEY GOVERNANCE COORDINATION MANUAL". 12. Recording of Meetings Proceedings of all public hearings shall be recorded and retained. Proceedings of study sessions or workshops may be recorded at the discretion of the Planning Commission Chair. 13. Temporary Committees The Chair shall have authority to create temporary committees of one or more members and to appoint the members to such committees, which may be charged with such duties as examination, investigation and inquiry into one or more subjects of interest to the Commission. No temporary committee shall have the power to bind the Commission to the endorsement of any plan or program. The Chair may appoint citizens to committees of the Commission. 14. Code of Conduct A. Prohibited Acts. Members of the Commission are prohibited from: 1. Acting in a manner, which would result in neglect of duty, misfeasance or malfeasance in office. 2. Acting in a manner that intentionally disrupts Commission meetings. 3. Missing six (6) or more regularly scheduled meetings or study sessions in a 12-month period without such absence being excused by the Commission. 7 4. Using his or her position to secure special privileges or exemptions for himself, herself, or others. 5. Directly or indirectly giving or agreeing to receive compensation, gifts, rewards, or gratuities from any source, except the City of Spokane Valley, for a matter connected with or related to the services as a member of the Commission, unless otherwise provided by law. 6. Accepting employment or engaging in business or professional activities that he or she might reasonably expect would require or induce said member to disclose confidential information acquired by reason of membership on the Commission. 7. Disclosing confidential information gained by reason of his or her membership on the Planning Commission or using such information for his or her personal gain or benefit. 15. Conflict of Interest A. Any Commission member having a direct or indirect interest in, or who would benefit from any matter, shall disclose this interest and shall, if deemed appropriate by that commissioner or required by law, refrain from participating or voting on the matter. B. No member may participate or vote on a matter unless the member has been in attendance at all public hearings regarding such matter or has listened to the taped recording of the public hearing and reviewed the written record of the matter in question. 16. Appearance of Fairness A. The Commission shall adhere to the applicable requirements of the appearance of fairness doctrine, RCW Chapter 42.36. B. During the pendency of any quasi-judicial proceeding, no Commission member may engage in ex parte communications with proponents or opponents about a proposal involved in the pending proceeding, unless the Commission member: (1) places on the record the substance of such oral or written communications; and (2) provided that a public announcement of the content of the communication and of the parties' right to rebut the substance of the communication shall be made at each hearing where action is taken or considered on the subject. This does not prohibit correspondence between a citizen and Commission members if 8 the correspondence is made part of the record, when it pertains to the subject matter of a quasi-judicial proceeding. (RCW 42.36.060) 17. Review of These Rules of Procedure The Planning Commission shall review these rules of procedure on the first anniversary of their adoption and every other year thereafter. Any amendments identified by the Planning Commission shall be forwarded to the City Council for review and ratification. KNOW ALL PERSONS BY THESE PRESENT: That the undersigned Secretary of the Spokane Valley Planning Commission does hereby certify that upon review and majority vote the above and forgoing rules have been duly adopted by the members of said Commission. BY: Secretary of the Commission Date: 9 DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT A Planning Vision for Spokane Valley by Bill Gothmann July 23, 2003 The City of Spokane Valley builds upon a rich history of those who sought the freedom and opportunity offered by this beautiful area. Names such as Liberty Lake and Opportunity testify to these pioneering goals. As we develop plans for the future,we will stand upon the shoulders of many individuals and people who have made us great. Innovators such as Daniel C. and Austin Corbin, opened Spokane Valley to agriculture by constructing the "Corbin Ditch," supplying water from Liberty Lake. Peter Morrison, by draining Saltese Flats, opened that area to additional ranching. Similarly, Antione Plante demonstrated his entrepreneurial spirit by operated a ferry across the Spokane River. We will build upon these innovators by being a city that encourages business development through our planning, zoning,regulating,permitting, and city services. In the last century, areas such as Greenacres, Ponderosa, and Chester grew as families moved from the "city" to the "valley." Here,they enjoyed the freedoms of larger living areas and less restrictions,permitting them to grow their gardens and raise their families. We will build upon their efforts by encouraging a full range of housing opportunities, and encouraging new, innovative community development,while maintaining the least restrictive environment required for our citizens to prosper and enjoy life. Native Americans,pioneers, and present residents all recognized the importance of strong families. Thus, our planning acknowledges that strong social, educational, religious, and governmental institutions contribute to a nurturing, supportive environment for our children,the elderly, singles, and families. Tribes such as the Spokanes and the Coeur d'Alenes have, for hundreds of years, preserved the natural resources of this beautiful area. We acknowledge our debt to these great people by learning from them, and by caring for the land,flora, and fauna they have entrusted to us. Names such as Father Pierre Jean DeSmet, Chief Andrew Seltice, Chief Spokan Garry, and Addison T. Dishman bear witness to the diversity of people in the Spokane Valley. Our City will build upon this rich,healthy legacy. Additionally, we seek to preserve those buildings, sites, artifacts, and traditions as we, collectively, develop our plans for the 21st. century. Page 1 of 2 Welcome to the City of Lakewood, Colorado Page 1 of 1 laCity of Lakewood;Co or-ado--- --74--. wvvw.lakewood.org Tuesday,July 22. IMMEL,Ira-_ i 7.i �i7f-71{�71-�-7�F91f2U-X� A 1•�- I 1.YNffA A New Downtown for Lakewood Takes Shape Lakewood residents will see °°;', s5`-',7-4::'" ,----L.,-._--.?-,..-° F '�' �#'~ 7`c" --- -- --- 13 E L Belmar District,the city's new .� - 5.,� ... A downtown,begin to rise from y `+`"- ;i:e.,- , ;- the ground this summer as y z;_4. '�• . .4-, construction cranes start `—, ""r '-':'16H_: , i erecting steel near Alameda ,.41-,:*"....'-,:c„,. � ,^ •� -27.4" Avenue and Wadsworth - ---,a A-jr i -b - Visit the Belmar webs Boulevard. :4- = .- ,` ..- � .. u• $. ,- -'{ ;, www.belmarcoloradc Belmar is designed for every t' <-, L`a`x ,` . "''1 dimension of daily life:home, t � �F Recent Construction F office,shops,galleries, � - Y .ter restaurants,outdoor cafes, Yv �, movies and even parks and _ - g.r.„,::>•:' Economic Development Ir plazas. The first part of Belmar will open -•• '- -- h' .,,. + -, -,- .' in the spring of 2004.The \�C� ;6 -', -.��f r _ l completion of its main plaza will -�,yr +� ,,;. ;,.=Y ; ,-- rr t,a come in the fall of 2004. ��b�! 4'- �.••i-'4,-*-.-- '•- -`'- -„ � y Here is what's happening in June 2003: •Demolition of the former Villa Italia Mall is complete. •Site grading,building pad preparation and utility installation are underway. •Nine buildings on three different blocks have either foundations or building permits and are under construction.Some of the buildings under construction include three mixed-use buildings with retail bases and residential units above. •A tower cranes has arrived that will first erect the steel for a 900-spot parking garage near the Century Theatres. •70 percent of the 650,000 square feet of retail space in Phase 1 of the project is under lease. •A database of those interested in living in Belmar residences has been created. •An asphalt recycling operation is underway,processing a large amount of asphalt on the property.Some 70 percent of all the material at the site has been recycled. Here's what will be going on in July 2003: •Construction of more of Belmar's buildings will begin. Some of the first buildings under construction surround the Century Theatres,a state-of-the-art complex with stadium seating and the latest in sound and projection. The Belmar redevelopment of the former Villa Italia mall site is a public/private partnership of the Lakewood Reinvestment Authority and Continuum Partners,LLC. Home I Search I Contact Us I Privacy Policy © City of Lakewood,,,480 S. Allison Pkwy., Lakewood, CO 80226,,, 303-987-7000 httD://www.ci.lakewood.co.us/index.cfin?&include=/belmar/belmar.cfm 7/22/2003 Pagelofl i 1. '''',',/tol''' 5 4 zercli.„ .,.-- , .. 3talia . . L w ' .� r aAt the time- Italia"s ,c opening,in:i9,Cs6; It was ruysorta¢! �, v -� -,�-,. that Villa Wks cite argest-indppr —":.-. . ,,,,...!--, m` • ,,�."�- "§ z""` atr'-caniilttoned`;shopping riiill,4 - '^ e �.wRa"".r +'e'°y y "°3: .. 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CHAPTER 23.18 - SUBURBAN AGRICULTURAL USE DISTRICT Sections: 23.18.010 Purpose. 23.18.020 Principal Permitted Uses. 23.18.030 Permitted Accessory Uses. 23.18.035 Special Permitted Uses. 23.18.040 Special Development Standards. 23.18.050 Prohibited Uses. 23.18.060 Lot and Yard Requirements. 23.18.070 Percentage of Lot Coverage. 23.18.080 Maximum Heights of Buildings. 23.18.090 Signs. 23.18.010 Purpose. The Suburban Agricultural Use District (SAG) is a zone classification providing for residential areas, rural in nature, with sufficiently large lots to allow for the maintenance of certain animals and farm crops, while at the same time establishing and maintaining a living environment of high standards for residential uses. (Ord. 49-76 1.01). 23.18.020 Principal Permitted Uses. The following uses are permitted in the SAG district: A. One-family detached dwelling constructed in compliance with Richland Building Code standards (Ch. 21.02), and customary accessory uses; B. Buildings and structures necessary for the operation of a public utility; C. Designated manufactured homes subject to provisions of Sections 23.06.176, 23.70.162 and/or _ 23.70.166 and 23.70.167 of this title as applicable; D. Micro antennas subject to the requirements of chapter 23.76 of this title. (Ord.49-76 1.01: Ord. 2-82 1.08: Ord. 13-94: Ord. 43-96: Ord. 26-02). 23.18.030 Permitted Accessory Uses. A. Permitted accessory uses in the SAG district are as follows: 1. Accessory buildings or structures used in conjunction with principal permitted uses and permitted accessory uses; 2. Limited agricultural uses such as orchards, vineyards, vegetable gardens, field crops and pastures; 3. Sale of products grown on the premises; A: Limited raising or keeping of large livestock as follows: a) Horses, ponies, mules, donkeys, burros, and similar animals- b) Dairy cattle, beef cattle,buffalo and�similaranimals; c)Sheep, goats and similar animals. A maximum of two animal units(one animal unit equals approximately one thousand pounds of animal weight) may be kept per one acre gross pasture,area. Gross pasture area is that portion of a lot which is fenced and used solely for the grazing and keeping of large livestock The following are examples of anunal unit usages: -.1 horse and 1 cow pergrosssture acre; 2 cows or_2 horses perp o sppap sttire.acre' - 10 sheep or 10 goats per gross-Pasture acre -8 sheep and 2 goats per gross pasture acre. if any additional animals) born on the premises causes the maximum allowable number of animals to be exceeded, adjustments must be made to bring the total number animals into compliance with this Chapter with the corresponding time limitsspecified below Horses and similar animals-one year fromdate of birth, 23-25 6/03 1 =Cattlendsi�rrailar rairsals-one year from date of birth;_ -Sheepo itttritlar a nasals-six months from date of birth:: lfanyadaitton !Animal s`.e<ecquired by any means other than by birth and,cause the rnaximur`ta all wab�le urn er` of animals to be exceeded, adjustments must be made to bring th e, otal number of{animais into compliance with this chapter within ninety.days aftn o be additional anirnal(s) on the premises In addition,a Tence.mipstpkrnstructed prior to the acquisitlonof any,large livestock to ensure containment of he'iiarestoci on thejpremises 5.'Lin)Red raising or keeping of small l yestock as follows; a) Rabbits and similar animals b) Chickens, ducks, geese, turkeys and other similar fowl: A maximum twelve animals or fowl,as defined above, may be_raised;or kept per one acre gross lot-area: In addition,_a shed, coop, hutch or similar containment structure must be constntcted prior to the acquisitionof any small livestock to ensure containment of the livestock.bn the premises. 6.The raising and keeping of household pets in accordance with Section 7.02.015; 7. Home occupations subject to the conditions of Sections 23.70.110 through 23.70.125; and 8.Accessory apartments subject to the provisions of Section 23.70.030. B. Nothing in this chapter shall preclude uses designated as permitted accessory uses in paragraphs (1), (2), (3) or(4) in subsection (A) of this section from being allowed as principal permitted uses in the SAG district. (Ord. 49-76: Ord. 15-83: Ord. 56-94: Ord. 11-95). 23.18.050 Prohibited Uses. The following uses and any other use not expressly permitted are prohibited in a SAG district: A. Any commercial uses other than those uses expressly permitted in a SAG district; B. Kennels; C. Feed lots, dairies, slaughterhouses or any other similar uses; Dine raising_or keeping of swine or hogs.'(Ord.49-/6 1.011. CHAPTER 23.20 - SUBURBAN RESIDENTIAL USE DISTRICT Sections: 23.20.010 Purpose of Residential Use Districts. 23.20.020 Suburban Residential Use District-Purpose. 23.20.030 Permitted Uses. 23.20.040 Secondary Permitted Uses. 23.20.045 Special Uses. 23.20.050 Off-Street Parking. 23.20.060 Minimum Requirements. 23.20.070 Percentage of Lot Coverage. 23.20.080 Maximum Height of Buildings. 23.20.090 Prohibited Uses. 23.20.010 Purpose of Residential Use Districts. Six residential zone classifications permit a variety of housing and population densities without conflict. Protection is provided against hazards, objectionable influences, traffic, building congestion and lack of light, air and privacy. Certain essential and compatible public service installations are permitted in residential use districts. (Ord. 131 5.01: Ord. 363 1.02). 23.20.020 Suburban Residential Use District-Purpose. The suburban residential use district(R-1) is a residential zone classification requiring the lowest density of population within the City, providing protection against hazards, objectionable influences, building congestion and lack of light, air and privacy. Certain essential and compatible public service facilities, and institutions are permitted in this district. (Ord. 131 5.02). 2 23.20.030 Permitted Uses. The following uses are permitted in an R-1 district A. Essential Uses. 1. One-family detached dwellings constructed in compliance with Richland Building Code standards (Ch.21.02); 2. Designated manufactured homes subject to provisions of Sections 23.06.176, 23.70.162 and/or 23.70.166 and 23.70.167 of this title as applicable; B. Primary Permitted Uses. 1. Schools subject to the requirements of Section 23.70.050 of this title; 2. Churches subject to the requirements of Section 23.70.090 of this title; 3. Parks; 4. Buildings or structures necessary for the operation of a public utility subject to requirements of Section 23.70.080 of this title; 5. Micro antennas subject to the requirements of chapter 23.76 of this title. (Ord. 131 5.03: Ord.449 1.02: Ord. 660: Ord. 2-82 1.10: Ord. 55-83 1.02: Ord. 13-94: Ord.43-96). 23.20.040 Secondary Permitted Uses. The following uses are permitted in an R-1 district in conjunction with, but subordinate to, any of the uses permitted by Section 23.20.030: A. Playground developed in connection with a school, park, or community clubhouse; B. Rooms may be rented, but not to more than four(4) persons other than the family occupying the single-family dwelling; provided there is compliance with all City ordinances; C.Accessory buildings and structures subject to the requirements of Sections 23.74.010 through 23.74.080, inclusive; D. Private swimming pools subject to the requirements of Sections 23.70.130 and 23.70.140; E. Family day care homes subject to the requirements of Section 23.70.160; and F.Accessory apartments subject to the provisions of Section 23.70.030. G. Home occupations subject to the requirements of Sections 23.70.110 through 23.70.125. (Ord. 131 5.04: Ord. 93-76 1.05: Ord. 56-94: Ord. 11-95). 23.20.045 Special Uses. The following uses are permitted in an R-1 district subject to the issuance of a special use permit by the Board of Adjustment or Planning Commission, as designated below in accordance with Sections 23.70.300 through 23.70.420 of the Richland Municipal Code: A. Uses for which permits are issued by the Board of Adjustment: 1. Day care centers subject to the requirements of Section 23.70.160; and 2. Recreational clubs, subject to the requirements of Section 23.70.211. B. Uses for which permits are issued by the Planning Commission: 1. Manufactured home subdivisions subject to the regulations and requirements of Title 24, Plats and Subdivisions, of this code and the provisions of Sections 23.70.166 and 23.70.167. (Ord. 93-76 1.06: Ord. 2-82 1.11: Ord.4-83 1.05: Ord. 17-95). 23.20.050 Off-Street Parking. Off-street parking shall be provided in the R-1 district in accordance with the requirements of Sections 23.74.090 through 23.74.180, inclusive. (Ord. 131 5.05). 23.20.060 Minimum Requirements. The minimum lot requirements and minimum yard requirements in the R-1 district are as follows: A. Minimum lot requirements are: 1. Minimum lot area shall be thirteen thousand square feet. 2. Minimum average lot area per subdivision, exclusive of the area of streets and lots designated for nonresidential uses, shall be fifteen thousand square feet. 3. Minimum lot dimensions shall be one hundred feet in width. B. Minimum yard requirements are: 1. Front yard shall be not less than twenty-five feet. 2. Side yard. The sum of the required side yards shall not equal less than twenty percent of the width of the lot; provided, however, that no single side yard shall be less than ten feet in width, and in the case of an interior lot, no single side yard need exceed fifteen feet in width. 3 On a corner lot, the side yard along the flanking street shall be not less than twenty feet in width. 3. Rear yard shall be not less than thirty feet. (Ord. 131 5.06: Ord. 30-76 1.01). 23.20.070 Percentage of Lot Coverage. All buildings including accessory buildings or structures on any lot in an R-1 district, exclusive of patios with open lattice or similar type roof construction, shall cover not more than thirty-three percent of the area of such lot. (Ord. 131 5.07). 23.20.080 Maximum Height of Buildings. No building in the R-1 district shall be more than two and one-half stories, and no building shall exceed twenty-five feet in height. No accessory building shall exceed one story or fifteen feet in height. (Ord. 131 5.08: Ord. 24-86). 23.20.090 Prohibited Uses. All uses not expressly permitted in an R-1 district are prohibited. (Ord. 131 5.09: Ord. 5-74 1.01: Ord. 24-79 1.01: Ord 2-82 1.12). • 4 City of Cheney— Excerpts related to animal keeping. "Large animals" means animals including, but not limited to, horses, donkeys, burros, llamas, bovines, goats, sheep, swine and other animals or livestock of similar size and type. (Ord. N-90 §1(part), 1986). 21.08.022 Animal, small. "Small animals" means animals or fowl including, but not limited to, dogs, cats, chickens, guinea hens, geese, ducks, turkeys, pigeons, rabbits, mink, chinchilla, nutria, gnawing animals in general and other animals or fowl of similar size and type. Young or miniature large animals are not included in this definition, and are considered large animals. (Ord. N-90 §1(part), 1986). 21.14.030 Permitted uses. The land uses permitted in the R-1 zone are as follows: (1) One-family buildings including prefabricated and modular homes; (2) Family day care homes when licensed by the Department of Social and Health Services of the State of Washington under the administrative policy of WAC 388-75; (3) Foster family homes when licensed by the Department of Social and Health Services of the State of Washington under the administrative policy of WAC 388-75; (4)Accessory uses: (A) Private garage and carports, (B)Toolsheds, (C) Outdoor patios, (D) Outdoor fireplaces, (E) Swimming pools; (5) Secondary uses: (A) Home occupation, (B) Gardening, fruit raising, and small animals (C) Large animals on lots with a minimum lot area of two acres; (6) Public parks, providing that the board of parks commissioners determines that the park conforms to the Cheney Parks and Recreation Comprehensive Plan, and to the provisions of this title, and that in particular the park is compatible with surrounding land uses with respect to the following design criteria: (A)Vehicular and pedestrian circulation, (B) Light and glare, (C) Noise, (D)Vehicular parking, (E) Such other criteria which the board of park commissioners deems relevant to the park question. No park shall be approved until a public hearing has been held by the board of park commissioners on the proposed park site plan, in accordance with the public notice requirements contained in Section 21.56.050; (7)Adult family homes; (8) Manufactured homes as defined in Section 21.08.352 of this code and conforming to the following manufactured home site improvement standards: (A)The unit must be new(never occupied) at the time of siting, (B) The proposed manufactured home shall consist of two or more fully enclosed parallel sections not less than twelve feet wide by thirty-six feet long, that when assembled is not less than twenty- four feet wide. Manufactured homes located in an R-1 zone must be a minimum of one thousand two hundred square feet. Manufactured homes located in zones other than R-1 must be a minimum of eight hundred sixty-four square feet, (C) The unit was originally constructed with, and at the time of siting, has a roof of composition or wood shake or shingle or other material similar in appearance and quality to roofing materials 1 commonly used on conventional site-built single-family residences, with no less than a nominal pitch of 4:12 or greater, (D) The unit has exterior siding similar in appearance and quality to siding materials commonly used on conventional site-built single-family residences, (E) Compliance with a site plan which, when drawn to scale, shows the exact footprint and exact location of the specific manufactured home to be placed on the site and the exact location of the required off-street parking spaces, (F) The unit is installed on the site in full compliance with all Washington State regulations by a certified manufactured home installer in accordance with the State Installation Code (WAC 296- 150B), (G) Off-street parking and a driveway not less than nine feet wide are paved prior to occupancy, (H) Every exit of a proposed manufactured home that is not at grade shall have a set of stairs that complies with the Cheney Building Code, (I)The main door of the unit faces the address street, (J) The manufactured home is placed on a full perimeter concrete, masonry, or pressure treated wooden permanent foundation system, (K) Accessory uses of a legally permitted manufactured home on an individual lot or parcel are subject to accessory building setback requirements of the zone in which it is located, and the requirements of the Cheney Building Code, (L)The roof has an eave of six-inch minimum width along the entire perimeter, (M) Property owner shall declare the manufactured home as real property and recorded with Spokane County Assessor's Office. Title elimination (WAC Chapter 308-56A and WAC Section 65.20.040)shall occur within six months of occupancy, (N) The tongue, axles, transporting lights, and removable towing apparatus are removed prior to occupancy, (0) Design review: (i) During the time in which the manufactured home application is being reviewed, the planning department staff shall certify, prior to placement of the manufactured home on site, that the design of the manufactured home is compatible with the character of the neighborhood surrounding the lot or parcel upon which it is being placed, considering at a minimum the following features: a. The age of the unit, b. The architectural style, c. The roof line, d.The window placement, e. The square footage of the unit vs. the zone which the unit is being placed, f.The location of garages, carports or parking pads, if present on nearby structures, g. The compatibility of building materials used (i.e. roofing material, siding, foundation), h. Location of front porches, if present on nearby structures, (ii) The decision of the planning department made under this subsection shall be appealable following the procedures provided in Section 21.60.080. Notice of the planning department's decision shall be mailed to owners of property lying within three hundred feet of the manufactured home; the notice shall explain how an appeal may be filed. (Ord. S-96 §§1, 2, 2002; Ord. S-46§2, 2001; Ord. R-40 §§6, 7, 1998; Ord. N-90§1(part), 1986). 21.16.030 Permitted uses. The land uses permitted in the SR-2 zone are as follows: (1) One-family buildings included prefabricated and modular homes; (2) Family day care homes when licensed by the Department of Social and Health Services of the state of Washington under the administrative policy of WAC 388-75; (3) Foster family homes when licensed by the Department of Social and Health Services of the state of Washington under the administrative policy of WAC 388-75; (4)Agncultural,''animal-raising, and silvacultural uses; (5)Accessory uses: (A) Private garages, and carports, (B)Toolsheds, (C) Outdoor patios, (D) Outdoor fireplaces, 2 (E) Swimming pools, (F) Barns, corrals, sheds, and other structures accessory to agriculture, animal raising and silvacultural uses; (6) Secondary uses: (A) Home occupation, (B) Gardeningfruit raising, and small animals, (C) Large animals on lots with a minimum lot area of two acres; (7) Public parks, subject to the provisions contained in Section 21.14.030(6); (8) Single-family manufactured homes. (Ord. S-46 §3, 2001; Ord. R-40 §10, 1998: Ord. 0-92 §1(part), 1991). 21.18.030 Permitted uses. The land uses permitted in the R-1 M zone are as follows: (1) Single-family manufactured homes; (2) Family day care homes when licensed by the Department of Social and Health Services of the state of Washington under administrative policy of WAC 388-75; (3) Foster family homes when licensed by the Department of Social and Health Services of the state of Washington under administrative policy 388-75; (4)Accessory uses: (A) Private garages and carports, (B)Tool sheds, (C) Outdoor patios, (D) Outdoor fireplaces, and (E) Swimming pools; (5) Secondary uses: (A) Home occupations, (B) Gardening, fruit raising, and small animals. (Ord. R-40 §16, 1998; Ord. Q-50 §1(part), 1995: Ord. 0-71 §2, 1990; Ord. N-90§1(part), 1986). 21.20.030 Permitted uses. The land uses permitted in the R-2 zone are as follows: (1) All essential uses permitted in the R-1 zone, in accordance with the conditions and standards prerequisite thereto, except as are specially established for the R-2 zone; (2)Accessory uses as permitted in the R-1 zone; (3) Secondary uses as permitted in the R-1 zone; (4)Two-family structures; (5) Congregate housing subject to restrictions of Section 21.52.100. (Ord. P-55 §3(part), 1992; Ord. N-90§1(part), 1986). 21.24.030 Permitted uses. The land uses permitted in the R-3 zone are as follows: (1) All uses permitted in the R-2 zone, in accordance with the standards and regulations established therefor except as are specially established for the same uses in the R-3 zone; (2)Apartment buildings, multiple dwellings and studio/efficiency units; (3) Twenty percent of lot size may be allocated for studio/efficiency units for lots fourteen thousand square feet and less. (4) Congregate housing subject to restrictions of Section 21.52.100. (Ord. P-55 §5, 1992; Ord. P- 42§3, 1992: Ord. N-90 §1(part), 1986). 3 City of Auburn —Zoning code excerpts related to animal keeping. 18.04.720 Pets, common household. "Common household pets" means a domesticated animal of ordinary species that lives, is commonly known to be capable of living, within the confines of a residence. MI= not considered to be common household pets include but are not necessarily limited to the following: horses, cows, goats, sheep, swine, donkeys, and any endangered or exotic species. (Ord. 4229 § 2, 1987.) 18.08.020 Permitted uses. Hereafter all buildings, structures, or parcels of land in an R-R district shall only be used for the following, unless otherwise provided for in this title: A. One detached single-family dwelling, not to exceed one dwelling on any lot, together with accessory uses to include residential garage, guest cottage, recreation room, tool shed, or swimming pool; 1. Keeping of not more than six household pets. This limit shall not include birds, fish or suckling young of pets; B. The following agricultural type uses are permitted provided they are incidental and secondary to the single-family use: 1. Agricultural crops and open field growing, 2. Barns, silos and related structures, 3. Greenhouses, 4. Livestock, fowl and rabbits may be kept by the resident on the premises; provided there shall not be more than one horse,cow, donkey or other large animal, or four small such as sheep, goats or swine, or 12 poultry, rabbits or similar size per each acre of enclosed usable pasture or roaming area, 5. Pasturing and grazing, 6. Public and private stables, 7. Roadside stands, for the sale of agricultural products raised on the premises. The stand cannot exceed 300 square feet in area and must meet the applicable setback requirements; C. Home based daycare; D. Watersheds. (Ord. 4304 § 1(7), 1988; Ord. 4229 § 2, 1987.) 18.08.040 Development standards. Development standards in an R-R district are as follows: A. Minimum lot area: four acres; B. Minimum lot width: 125 feet; C. Minimum lot depth: 150 feet; D. Maximum lot coverage: 35 percent; E. Minimum yard setbacks: 1. Front: 35 feet, 2. Side, interior: 10 feet, 3. Side, street: 35 feet, 1 4. Rear: 35 feet, 5. Accessory structures shall meet all the required setbacks of the zone with the exception that the rear yard setback may be reduced to 15 feet; provided, that any structure with a vehicular entrance from a street (public or private) shall be set back a minimum of 20 feet, 6.Any barn, stable,coop or similar structure for the enclosure of shall be constructed no closer than 75 feet from.any property'line;: 7. Any corral, exercise yard, or arena shall maintain a distance of 35 feet from any property line. This excludes pasture area; F. Maximum building height: two and one-half stories not to exceed 35 feet, except that barns and other specialized structures used for agricultural purposes may exceed the height limits; G. Fences and hedges: see Chapter 18.48 ACC; H. Parking: see Chapter 18.52 ACC; I. Signs: see Chapter 18.56 ACC. (Ord. 4229 § 2, 1987.) Single Family Zoning District 18.10.020 Permitted uses. Hereafter all buildings, structures, or parcels of land in an R-S district shall only be used for the following, unless otherwise provided for in this title: A. One detached single-family dwelling, not to exceed one dwelling on any lot; B. Accessory uses to include residential garage, guest cottage, recreation room, tool shed, noncommercial greenhouse, swimming pool, private stable, barn, pen, coop or similar structure; C. Keeping of not more than four household pets, which can be kept in the home. This limit shall not include birds, fish or suckling young of pets which at all times are kept inside a fully enclosed building; D Keeping_of livestock (excluding goats and swine), fowl and rabbits; provided,-that there shall not be more than one horse, cow, donkey or other large animal, or four_small E :1 such as sheep, or 12_poultry, rabbits, or similar size 1,t {� per each acre of enclosed usable pasture or roamingarea This_acreage requirement is iriaddition_tothe minimum lot size requirements of this zone A shelter shall also be provided for the livesfoOkeridi,thaShilter shall be constructed. no closer than 75 feet from any side lot line of adjoining lots and it shallbe 100 feet;from any-publicstreet or alley; E. Municipal parks and playgrounds; F. Home based daycare. (Ord. 4229 § 2, 1987.) 18.45.070 Farm animals. A. In the LHRS, LHR1 and LHR2 zones, it is permissible to keep farm animals (excluding goats and swine in the LHR1 and LHR2 zones); provided, there shall not be more than one horse, cow, donkey or other similar !arse animal, or four small animals such as sheep, or 12 poultry, rabbits, or similar size animals per each acre of enclosed usable pasture or roaming area. This acreage requirement is in addition to the minimum lot size requirements of the zone. 2 B. Shelters provided for farm animals shall be constructed no closer than 50 feet from any adjoining lot and it shall be 100 feet from any public street or alley. Any corral, exercise yard, or arena shall maintain a distance of 35 feet from any property line. This excludes pasture area. C. For those pro•erties that do not meet the requirements of subsection A of this section, and farm animals were present prior to annexation, the farm animals may remain as legal nonconforming uses. In such case the number of farm animals allowed may be the same as what the county zoning provisions had allowed prior to the effective date of the annexation of the subject property. (Ord. 5342 § 2, 2000.) 3 City of Spokane—Excerpts related to Animal Keeping Regulation of Building and Land Use Chapter: 11.19 Zoning Code Article II Zones and Uses Listing 11.19.052 AG-1 Zone--Category I --Permitted Uses. The following are Category I uses which are permitted in those portions of the AG zone bearing the suffix "1" and designated AG-1 on the zoning map: A. Agricultural crop production of all forms of grains, feed, fruits, vegetables, shrubs, trees, plants, sod, seed, nursery stock and similar products, including the storage and sale of products raised on the premises, provided any sales structure is less than five hundred square feet in area; B Dairying and raising livestock including cattle, sheep, goats, swine and horses (excluding commercial riding or boarding stables), poultryrabbits, and/or bees for personal or commercial use on a lot or parcel of land having an area of not less than ten acres, provided the number of livestock per acre (exclusive of the residence space) may not exceed one adult horse or cattle, or two adult sheep, goats, or swine, with their young under six months of age (For animal enclosure setbacks, see Section 11.19.530); C. One-family residences (including manufactured homes as defined herein) on land parcels of ten or more acres. One-family owner and employee residences occupying a farm as a group may be allowed by special permit under Section 11.19.340, provided the farm is not less than thirty-five acres and each residence is on a parcel not less than twenty-two thousand square feet and clustered on one location on the farm; D. Rooms or room and board for not more than three persons may be provided by a resident proprietor; E. Family day care homes; F. Public parks and playgrounds. Community buildings, swimming pools, schools, churches and convents, and essential public service and utility buildings may be allowed by special permit as permitted in the R1 zone; G. Removal of rock, oil, minerals, sand and gravel, or similar material, for the purpose of sale, fill, building, or other construction usage off the premises from which removed, may be allowed by special permit from the hearing examiner in accordance with Section 11.19.370; H. The following agricultural production and processing uses may be allowed by special permit from the hearing examiner on lots having an area of ten acres, or more where specified, after public hearing and an examination of the plans and location thereof and after a finding that such use will not be unduly detrimental to the surrounding properties or the zone in which the use is to be located: 1. Processing plants, feed mills, packing plants and warehouses for the purpose of processing, packing and storing agricultural products (excluding fertilizer manufacturing and the commercial slaughtering or processing of meat); 2. Commercial slaughtering and processing of poultry or rabbits when incidental to the raising of poultry or rabbits on the ame site; 3. Manufacturing of dairy products; 4. Animal clinics, hospitals, kennels and training schools. The hearing examiner may allow clinics and hospitals on parcels of less than ten gross acres; provided, that animals are confined entirely within a building with adequate sound insulation to assure no significant detrimental effect upon properties in the vicinity. (For animal enclosure setbacks, see Section 11.19.530); 5. Greenhouses, fish hatcheries, small animal farms as defined herein. Such permits may be conditional and restricted to a specified number of years, after which the use and its buildings shall be removed unless a new permit is issued on its own merit as required in the case of a new application. (For animal enclosure setbacks, see Section 11.19.530); 6. Agricultural products sales structures exceeding five hundred square feet of floor area when located on the premises where the products are raised; 7. Commercial horse riding, training and boarding stables on not less than fifteen acre sites; I. Accessory uses and structures ordinarily appurtenant to farming and permitted uses, including barns, machine sheds, animal and poultry slaughtering for personal use, storage structures, 1 home occupations as defined herein, private swimming pools and private garages. Portable sawmills as temporary accessory uses may be allowed by special permit from the hearing examiner conditioned to protect surrounding properties from noise and truck traffic. Accessory structures, including private garages, may not be located less than ninety feet from any street centerline, nor from any adjoining lot. (For animal enclosure setbacks see Section 11.19.530); J. Other uses permitted under this chapter. (Ord. C-15434, Sec. 117.20) Regulation of Building and Land Use Chapter: 11.19 Zoning Code Article II Zones and Uses Listing 11.19.053 AG Zone—Category II —Permitted Uses The following are Category II uses which are permitted in those portions of the AG zone designated AG on the zoning map: A. Agricultural crop production of all forms of grains, feed, fruits, vegetables, shrubs, trees, plants, sod, seed, nursery stock and similar products, including the storage and sale of products raised on the premises, provided any sales structure is less than five hundred square feet in area; B. Dairying and raising livestock, including 1 cattle; sheep, goats, swine and horses (excluding commercial riding or boarding stables), poultry, rabbits, and/or bees for personal or commercial use on a lot or parcel of land having an area of not less than ten acres, provided the number of livestock per acre (exclusive of the residence space) may not exceed one adult horse or cattle, or two adult sheep,_goats, or swine, with their young under six months of age. Livestock (except 'swine), at the-animal per acre ratio before mentioned,' and poultry, rabbits, bees-and domestic pets may be kept by the resident on the premises where he resides, provided saidactivities are pnmarily for personal; non-commercial purposes and the premises have a lot area not less than five acres_ (For animal enclosure setbacks,see Section 1119_.530);'. C. One-family residences (including manufactured homes as defined herein) on land parcels of five or more acres. One-family owner and employee residences occupying a farm as a group may be allowed by special permit under Section 11.19.340, provided the farm is not less than thirty-five acres and each residence is on a parcel not less than twenty-two thousand square feet and clustered on one location on the farm; D. Rooms or room and board for not more than three persons may be provided by a resident proprietor, E. Family day care homes; F. Public parks and playgrounds. Community buildings, swimming pools, schools, churches and convents, and essential public service and utility buildings may be allowed by special permit as permitted in the R1 zone; G. Removal of rock, oil, minerals, sand and gravel, or similar material, for the purpose of sale, fill, building or other construction usage off the premises from which removed, may be allowed by special permit from the hearing examiner in accordance with Section 11.19.370; Accessory uses and structures ordinarily appurtenant to farming and permitted uses, including barns, machine sheds, animal and poultry slaughtering for personal use, storage structures, home occupations as defined herein, private swimming pools, and private garages. Accessory structures, including private garages, may not be located less than ninety feet from any street centerline, nor from any adjoining lot. (For animal enclosure setbacks, see Section 11.19.530); H. Other uses permitted under this chapter. I. Mini-storage facilities, subject to the conditions of Section 11.19.360 if the subject property is located adjacent to a principal arterial and across the street or adjacent to property in a B or less restrictive zone. (Ord. C-32719) 2 Passed On: 9/25/2000 Zoning Code Article II Zones and Uses Listing 11.19.062 CR-1 Zone—Category I. The following are Category I uses which are permitted in those portions of the CR zone bearing the suffix "1"and designated CR-1 on the zoning map: A. Agricultural crop production, including the storage and sale of products raised on the premises. Nothing herein is to be interpreted as permitting sales structures or the manufacturing or processing of food products for commercial purposes; B. Livestock (except swine), poultry, rabbits, bees and domestic pets may be kept by the resident on the premises where he resides, provided said activities are primarily for personal, noncommercial purposes and the premises have a lot area not less than two acres if poultry, rabbits, or bees are to be kept, or four acres if livestock is to be kept. The number of livestock per acre (exclusive of the residence space) may not exceed one adult horse or cattle, or two adult sheep or goats, with their young under six months of age. Kennels are prohibited. (For animal enclosure setbacks, see Section 11.19.530); C. One-family residences (including manufactured homes as defined herein) on lots not less than two acres; D. Innovative residential development (including manufactured homes as defined herein) may be allowed, using techniques prescribed in Section 11.19.860, in plats approved by the plan commission and in planned unit developments approved by the hearing examiner. The following mixed residential types, flexible lot areas and density bonus are to be earned and allowed in accordance with the achievement of good design, innovative planning and the provision of open space. Residences may range from one-family to four-family structures. Lot area per residential structure may be of any size, provided the following density standard is not exceeded. Residential density may be allowed up to a maximum of one dwelling unit per gross acre. Open space may be included in the gross acreage in calculating density, provided it is suitable and is dedicated public and/or permanently reserved private open space or agricultural land either located on-site or whose closest boundary is not further than one-half mile from the site. Private open space shall be reserved by dedication of development rights or by common open space, resident-owner agreements as provided in Section 11.19.298. Common open space to be shared by residents of the plat or PUD shall be owned, developed and maintained by recorded agreement between the resident owners, acceptable to the City. The plan commission or hearing examiner in reviewing the plat or planned unit development may impose such other conditions as are deemed necessary to achieve the intent and purpose of the CR zone and the desirable development of the land and city; E. Rooms or room and board for not more than two persons may be provided by a resident proprietor, F. Family day care homes; G. Public parks and playgrounds. Community buildings, swimming pools, schools, libraries, churches and convents, and essential public service and utility buildings may be allowed by special permit as permitted in the R1 zone; H. Accessory uses and structures ordinarily appurtenant to permitted uses, including barns, animal and poultry slaughtering for personal use, storage structures, home occupations as defined herein, private swimming pools, and one detached private garage for each dwelling unit. Accessory structures, including private garages, may not be located less than sixty feet from the front property line nor less than twenty feet from any adjoining side street, except private garages when attached to or within the residence. Attached carports, covered patios, and similar attached accessory buildings may occupy the rear yard to within five feet of the rear property line and inside property lines, except said attached accessory structures located in the rear yard may extend to a property line when adjoining an intervening alley. (For animal enclosure setbacks, see Section 11.19.530); I. Other uses permitted under this chapter. 3 (Ord. C-15434, Sec. 118.20) Regulation of Building and Land Use Chapter: 11.19 Zoning Code Article II Zones and Uses Listing 11.19.063 CR Zone—Category II. The following are Category II uses which are permitted in those portions of the CR zone designated CR on the zoning map: A. Agricultural crop production, including storage and sale of products raised on the premises. Nothing herein is to be interpreted as permitting sales structures, or the manufacturing or processing of food products for commercial purposes, or the keeping of livestock, poultry, rabbits;. or kennels, except as nonconforming uses.Domestic pets mayybekeptbythe residentasallowed. in R1 zones,; B. One-family residences (including manufactured homes as defined herein) on lots not less than twenty-two thousand square feet; C. Innovative residential development (including manufactured homes as defined herein) may be allowed, using techniques prescribed in Section 11.19.860, in plats approved by the plan commission and in planned unit developments approved by the hearing examiner. The following mixed residential types, flexible lot areas and density bonus are to be earned and allowed in accordance with the achievement of good design, innovative planning and the provision of open space. Residences may range from one-family to four-family structures. Lot area per residential structure may be of any size, provided the following density standard is not exceeded. Residential density may be allowed up to a maximum of three dwelling units per gross acre. Open space may be included in the gross acreage in calculating density, provided it is suitable and is dedicated public and/or permanently reserved private open space or agricultural land either located on-site or whose closest boundary is not further than one-half mile of the site. Private open space shall be reserved by dedication of development rights or by common open resident-owner agreements, as provided in Section 11.19.298. Common open space to be shared by residents of the plat or PUD shall be owned, developed and maintained by recorded agreement between the resident owners, acceptable to the City. The plan commission or hearing examiner in reviewing the plat or planned unit development may impose such other conditions as are deemed necessary to achieve the intent and purpose of the CR zone and desirable development of the land and city; D. Rooms or room and board for not more than two persons may be provided by a resident proprietor, E. Family day care homes; F. Public parks and playgrounds. Community buildings, swimming pools, schools, churches and convents, and essential public service and utility buildings may be allowed by special permit as permitted in the R1 zone; G. Accessory uses and structures ordinarily appurtenant to permitted uses, including barns, storage structures, home occupations as defined in this chapter, private swimming pools, and one detached private garage for each dwelling unit. Accessory structures, including private garages, may not be located less than sixty feet from the front property line nor less than twenty feet from any adjoining side street, except private garages when attached to or within the residence. Attached carports, covered patios and similar attached accessory buildings may occupy the rear yard to within five feet of the rear property line and inside property lines, except said attached accessory structures located in the rear yard may extend to a property line when adjoining an intervening alley; H. Other uses permitted under this chapter. (Ord. C-15434, Sec. 118.20) Zoning Code Article II Zones and Uses Listing 11.19.071 RS Zone—Permitted Uses. 4 A. Any use permitted in the R1 zone subject to the regulations therein, except the minimum lot area for one-family residences is eleven thousand square feet; B. 1. Innovative residential development (including manufactured homes as defined herein) may be allowed, using techniques prescribed in Section 11.19.860 in plats approved by the plan commission and in planned unit developments approved by the hearing examiner. The following mixed residential types, flexible lot areas and density bonuses are to be earned and allowed in accordance with the achievement of good design, innovative planning and the provision of open space. Residences may range from one- family to four-family structures. Lot area per residential structure may be of any size, provided the following density standard is not exceeded. Residential density may be allowed up to a maximum of four dwelling units per gross acre. Open space may be included in the gross acreage in calculating density, provided it is suitable and is dedicated public and/or permanently reserved private open space or agricultural land located on-site. Private open space shall be reserved by dedication of development rights or by common open space, resident-owner agreements as provided in Section 11.19.298; 2. Common open space to be shared by residents of the plat or PUD shall be owned, developed and maintained by recorded agreement between the resident owners, acceptable to the City. The plan commission or hearing examiner in reviewing the plat or planned unit development may impose such other conditions as it deems necessary to achieve the intent and purpose of the RS zone and desirable development of the land and city; C. Agricultural crop production, including the sale of products raised on the premises. Nothing herein is to be interpreted as permitting structures for the sale of said products or the manufacturing or processing of food products for commercial purposes; ___ __ D. Livestock (except swine), poultry, rabbits, bees and domestic pets may be kept by the resident on the premises where he resides, provided said activities are primarily for personal, noncommercial purposes and the premises have a lot area not less than one acre if poultry, rabbits,'or bees are to be kept, or two acres if livestock is to be kept The number of livestock per acre (exclusive of the residence space) may not exceed one adult horse or cattle, or two adult sheep or goats, with their young under six months of age.' Swine and kennels are not permitted except as nonconforming uses. No accessory structure or enclosure for animals or poultry other than fencing or grazing land may be located less than sixty feet from any street or from any adjoining lot; E. Removal of sod, soil and rock (sand and gravel excepted) for the purpose of sale, fill, building, or other construction usage off the premises from which removed, may be allowed by special permit from the hearing examiner in accordance with Section 11.19.370; F. Accessory uses and structures ordinarily appurtenant to permitted uses, including home occupations as defined herein, private swimming pools, and one detached private garage for each dwelling unit. Accessory structures for animals shall comply with the RS regulations. Other accessory structures, including private garages, may not be located less than sixty feet from the front property line nor less than twenty feet from any adjoining side street, except private garages when attached to or within the residence. Attached carports, covered patios, and similar attached accessory buildings may occupy the rear yard to within five feet of the rear property line and inside property lines, except said attached accessory structures located in the rear yard may extend to a property line adjoining an intervening alley; G. Other uses permitted under this chapter. (Ord. C-15434, Sec. 119.20) Zoning Code Article II Zones and Uses Listing 11.19.081 R1 Zone—Permitted Uses. There are permitted in the R1 zone: 5 A. One-family residence; B. Family day care home; C. Home occupation; D. Accessory horticulture or agriculture, including the sale of produce raised on the property so long as no commercial signs or structures are built; E. Public playground and park facilities, including buildings and concessions as approved by the park board; F. Free public parking lot for passenger automobiles to provide required off-street parking; G. The keeping of domestic pets, not including bees and livestock; for noncommercial;purposes, so long as no more than three of the same kind of fowl or animal be kept; H. Roominghouse and/or boardinghouse for up to two persons operated by a resident proprietor; I. Accessory structure, including a private swimming pool and one detached private garage. (Ord. C-15434, Sec. 120.20) Zoning Code Article II Zones and Uses Listing 11.19.091 R2 Zone—Permitted Uses. There are permitted in the R2 zone: A. Any_use-permitted in the R1 zone,.sui:gect to the requitements_of.fatzone* B. Two-family residence; C. Accessory structures as provided for the R1 zone. (Ord. C-15434, Sec. 130.20) Zoning Code Article II Zones and Uses Listing 11.19.101 R3 Zone—Permitted Uses. There are permitted in the R3 zone: A. Any use permitted in the R2 zone subject to the requirements thereof; B. Multifamily residence containing up to four dwelling units (four-plex); C. 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