Ordinance 20-013 nonconforming uses CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO.20-013
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON AMENDING CHAPTER 19.25 OF THE SPOKANE VALLEY
MUNICIPAL CODE RELATED TO NONCONFORMING USES, AND OTHER
MATTERS RELATING THERETO.
WHEREAS,the City of Spokane Valley(City)previously adopted Title 19 of the Spokane Valley
Municipal Code(SVMC)relating to zoning and land use regulations,and has made subsequent amendments
from time-to-time as appropriate; and
WHEREAS, such regulations are authorized pursuant to chapter 36.70A RCW; and
WHEREAS, City staff have proposed amendments to the SVMC to amend chapter 19.25 SVMC
to allow nonconforming uses to expand onto properties that were under the same ownership and had the
same zoning classification at the time of purchase and to consider a residential use in a nonresidential zone
as a permitted use not subject to the nonconforming use regulations; and
WHEREAS, on July 21, 2020 the Washington State Department of Commerce was notified
pursuant to RCW 36.70A.106, providing a notice of intent to adopt amendments to Spokane Valley
development regulations; and
WHEREAS, on July 23,2020,the Planning Commission(Commission) held a study session; and
WHEREAS, on July 24 and 31, 2020,notice of the Commission's public hearing was published in
the Valley News Herald; and
WHEREAS, on August 13, 2020, the Commission held a public hearing, received evidence,
information,public testimony, and a staff report with a recommendation, followed by deliberations; and
WHEREAS, on August 27, 2020, the Commission approved the findings and recommended that
City Council adopt the amendments with the modifications proposed by the Commission; and
WHEREAS, on September 22, 2020 and October 6, 2020, City Council reviewed the proposed
amendments and Commission Findings and Recommendations; and
WHEREAS, on October 13, 2020 City Council considered a first ordinance reading to adopt the
proposed amendments; and
WHEREAS,the amendments set forth below are consistent with the goals and policies of the City's
Comprehensive Plan; and
WHEREAS, chapter 19.25 SVMC as amended, bears a substantial relation to the public health,
safety,welfare and protection of the environment.
NOW, THEREFORE, the City Council of the City of Spokane Valley ordains as follows:
Section 1. Purpose. The purpose of this Ordinance is to amend chapter 19.25 SVMC to allow
nonconforming uses to expand onto properties that were under the same ownership and had the same zoning
classification at the time of purchase,and to consider a residential use in a nonresidential zone as a permitted
use not subject to the nonconforming use regulations.
Ordinance 20-013—Nonconforming Use Regulations Page 1 of 5
Section 2. Findings and Conclusions. The City Council acknowledges that the Planning
Commission conducted appropriate investigation and study, held a public hearing on the proposed
amendments and recommends approval of the amendments. The City Council has read and considered the
Planning Commission's findings. The City Council hereby makes the following fmdings:
A. Growth Management Act Policies - Washington State Growth Management Act (GMA)
provides that each city shall adopt a comprehensive land use plan and development
regulations that are consistent with and implement the comprehensive plan.
B. City of Spokane Valley Goals and Policies-The City of Spokane Valley has adopted goals
and policies consistent with the GMA and adopted County-Wide Planning Policies, set
forth below.
LU-G 1 Maintain and enhance the character and quality of life in Spokane Valley.
LU-P5 Ensure compatibility between adjacent residential and commercial or industrial
uses
LU-P7 Protect residential neighborhoods from incompatible land uses and adverse
impacts associated with transportation corridors.
ED-G3 Balance economic development with community development priorities and
fiscal sustainability.
T-G2 Ensure that transportation planning efforts reflect anticipated land use patterns
and support identified growth opportunities.
T-P2 Consider neighborhood traffic and livability conditions and address potential
adverse impacts of public and private projects during the planning, designing,
permitting, and construction phases.
C. Conclusions
1. The proposed amendments bear a substantial relation to public health, safety,
welfare and protection of the environment. Allowing nonconforming uses to
operate and expand on site, protects the interests of the current property
owners and the investments made. Allowing nonconforming uses to expand
to an adjacent lot having the same ownership and zoning classification as the
lot at the time the use on the original lot became nonconforming,protects the
long term interests of those property owners and promotes business retention.
The rights and interests of the property owners are balanced against the limits
on nonconforming uses on other neighboring properties because restricting
the expansion of nonconforming uses outside of those properties commonly
held at the time the use became nonconforming,ensures that future growth is
consistent with the Comprehensive Plan and protects the interest of the
surrounding properties. The proposed amendments recognize that
nonconforming residential uses may be the best use of the property until the
market supports the redevelopment of the property to either a commercial or
industrial use and establishes a stable framework for the residential property
owner to address the concerns of financial lenders.
Ordinance 20-013—Nonconforming Use Regulations Page 2 of 5
2. The proposed City-initiated Code text amendment is consistent with the
City's adopted Comprehensive Plan and the approval criteria pursuant to
SVMC 17.80.150(F).
Section 3. Amendment. Chapter 19.25 SVMC is hereby amended as follows:
19.25.010 Applicability.
A. Legal nonconforming uses and structures include:
1. Any use which does not conform with the present regulations of the zoning district in which it is
located that was in existence and in continuous and lawful operation prior to the adoption of SVMC
Title 19;
2. Any permanent structure in existence and lawfully constructed at the time of any amendment to
SVMC Title 19, which by such amendment is placed in a zoning district wherein it is not otherwise
permitted and has since been in regular and continuous use;
3. Any permanent structure lawfully used or constructed that was in existence at the time of
annexation into the City and which has since been in regular and continuous use;
4. Existing legally established single-family residential structures located in a nonresidential zoning
district shall not be deemed nonconforming and shall be permitted as a legal structure.
B. Structures or uses deemed nonconforming only pursuant to the SMA(Chapter 90.58 RCW)and the
City SMP (Chapter 21.50 SVMC, Shoreline Regulations) shall comply with the provisions of SVMC
21.50.160.
19.25.020 Continuing lawful use of property.
A. The lawful use of land at the time of passage of SVMC Title 19, or any amendments hereto,may be
continued,unless the use is discontinued or abandoned for a period of 12 consecutive months; except that
any nonconforming use discontinued as a result of foreclosure or judicial proceedings, including probate,
shall be permitted to continue for a period not to exceed 24 months. The right to continue the
nonconforming use shall transfer to all successive interests in the property. Discontinuance of a
nonconforming use shall commence on the actual act or date of discontinuance.
B.A nonconforming use that is abandoned or discontinued shall not be replaced with another
nonconforming use.
C.A nonconforming use which has not been abandoned or discontinued may be replaced with a
conforming use or another nonconforming use when the use meets the following criteria:
I. The new use is not less conforming than the prior use. This determination shall be made by the city
manager or designee;
2. The proposed use does not place a greater demand on transportation and other public facilities than
the original use; and
3. The proposed use does not adversely impact the use of neighboring property.
D.A nonconforming use may be expanded only within the boundaries of the original lot and any
adjacent lot having the same ownership and zoning classification as the lot at the time the use on the
original lot became nonconforming, if:
1. The expanded use does not degrade the transportation level of service greater than the original use;
2. The expanded use does not adversely impact the use of neighboring property;
Ordinance 20-013—Nonconforming Use Regulations Page 3 of 5
3. The expansion does not create additional development opportunities on adjacent lots that would
not otherwise exist; and
4. The use is not a single-family residential use.
E. Residential lots made nonconforming relative to dimensional requirements shall be deemed
conforming if the use is allowed in the respective zoning district.
F.Nonconforming uses that do not provide the required number of off-street parking spaces pursuant to
current standards shall not be required to meet parking standards.
G. Any nonconforming use damaged by fire,flood,neglect, or act of nature may be replaced if:
1. Restoration of the use is initiated within 12 months;and
2. The damage represents less than 80 percent of market value.
H. Any nonconforming use changed to a conforming use shall not be permitted to convert to a
nonconforming use.
19.25.030 Nonconforming structures.
A nonconforming structure may be expanded in accordance with the following:
A. The expansion or alteration does not change the occupancy classification under adopted building
codes;
B. The expansion or alteration does not create additional nonconformity with respect to building setbacks
or lot coverage; additions to nonconforming structures shall meet setbacks required within the zoning
district;
C. The number of dwelling units does not increase so as to exceed the number of dwelling units permitted
within current regulations;
D. Off-street loading and/or parking,stormwater facilities, and landscaping shall be provided for the
alteration or expansion in accordance with Chapter 22.50 SVMC; and
E. Nonconforming structures damaged by fire, flood,neglect, or act of nature may be replaced if:
1. Restoration of the structure is initiated within 12 months; and
2. The damage represents less than 80 percent of market value of the structure.
19.25.040 Completion of permanent structures.
Compliance with Chapter 19.25 SVMC shall not require changes to the plans, construction, or designated
use of a structure for which:
A. A building permit has been issued or a site plan approved by the City or county prior to incorporation
of the City or the effective date of SVMC Title 19; or
B. A substantially complete application for a building permit was accepted by the building official on or
before the effective date of the SVMC Title 19; provided, that the building permit shall comply with all
applicable regulations on the date that the application was filed and the building permit is issued within
180 days of the effective date of Chapter 19.25 SVMC.
Section 5. Severability. If any section, sentence, clause or phrase of this Ordinance shall be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
Ordinance 20-013—Nonconforming Use Regulations Page 4 of 5
unconstitutionality shall not affect the validity or constitutionality of any other section,sentence, clause, or
phrase of this Ordinance.
Section 6. Effective Date. This Ordinance shall be in full force and effect five days after
publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley
as provided by law.
Passed by the City Council this 27th day of October,2020.
A S V
Ben Wick,Mayor
ristine ainbridge,Cr Clerk
Approved as to Form:2. 1.4.1-4111
Office the City orney
Date of Publication: 1/—
Effective Date: �// — //
Ordinance 20-013—Nonconforming Use Regulations Page 5 of 5