2006, 05-05 Permit App: NCA-02-06 HorsesSPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION FOR ADMINISTRATIVE DETERMINATION
NONCONFORMING STATUS - ANIMAL KEEPING
FILE NUMBER: NCA-
DATE:
/5—/96
PRE-1991 ZONE: CURRENT ZONE: (' 3- S
PROPERTY OWNER:
ADDRESS: 1g`6L) j
CITY: , c401
PHONE NO.:
Is'AA11 `'4v cw 561
STATE: Ws-- ZIP: cleft, i Lt'
TAX PARCEL NO.: 5 5 C PARCEL SIZE:
ct
Interim Spokane Valley Zoning Code
Large and small animal keeping, as defined in Section 14.300 of the Interim Spokane Valley
Zoning Code, is not allowed within the UR-3.5, UR-7, UR-12 and UR-22 zones. Large animals,
small animals and household pets are defined as follows:
Animal, Large: Animals, including, but not limited to, horses, donkeys, burros, llamas, bovines,
goats, sheep, swine, bison, camels and other animals or livestock of similar size and type, except
inherently dangerous mammals and inherently dangerous reptiles. Young of horses, mules,
donkeys, burros, llamas, alpaca, bison, and camels under one (1) year in age, bovines, under ten
(10) months in age, and sheep, goats and swine under three (3) months in age shall not be
included when computing intensity of large animals. (Res. 99-1061, dated November 30, 1999)
Animal, Small: Animals or fowl other than a household pet, large animal, inherently dangerous
mammals or inherently dangerous reptiles, but not limited to, chickens, guinea hens, geese,
ducks, turkeys, pigeons not otherwise defined, emu, ostriches (struthious), kangaroos, rabbits,
mink, chinchilla, nutria, gnawing animals in general and other animals or fowl of similar size and
type. Young small animals or fowl under three (3) months of age shall not be included when
computing intensity of small animals or fowl. Young or miniature large animals are not included
in this definition and are considered large animals. (Res. 99-1061, dated November 30, 1999)
Household Pet: Any animal or bird, other than inherently dangerous mammals / reptiles,
livestock, large or small animals and animals or birds considered to be predatory or wild, which
normally lives in or is kept in a residence. (Res. 99-1061, dated November 30, 1999)
Nonconforming Animal Keeping
A "nonconforming use" is defined by the Interim Spokane Valley Zoning Code as a use which is
legal when commenced but which does not conform to subsequently enacted or amended
regulations. The term "nonconforming use" refers to an actual use established on the property
and not a use that could have been established under the prior zoning. Based on information
which you supply with this application, a determination under Section 14.508.000 of the Interim
Spokane Valley Zoning Code will be made by the Spokane Valley Planning Division.
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Nonconforming rights to keep animals on your property can change (be lost) under any of the
following conditions:
1. You discontinue the keeping of animals for a period of one year or more coupled with overt
acts (i.e. removal of animal -keeping facilities) evidencing such intent; and/or
2. You divide your present parcel into two or more parcels so that your property no longer
meets the minimum area requirements for the keeping of animals.
Any nonconforming rights that are determined to exist for your property are transferable to
subsequent owners provided the two above conditions have not occurred. Please circle "yes" or
"no" responses and elaborate in the spaces provided. As you answer the following questions,
keep in mind that you must supply a preponderance of evidence to determine whether your
property has nonconforming use rights for animal -keeping ("grandfather rights").
A. When were animals first kept on this property? Year K6� Number
B. What type(s) and number of animals are currently on the property?
If none, when was the last time animals were kept on the property and how many?
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C. What is the maximum number of animals ever kept on this property at one time? List by
type of animal and time period (number, type, month and year).
/
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D. List the most recent period (month/year to month/year) when animals were NOT kept on the
property for 12 months or longer. Titt.0 cuoAktir b &.LL 0- rY1.LLc di 4
Card. i -h o nS t o s" — 3/CXo
E. List all existing physical improvements on this property (such as buildings, barns, sheds,
corrals, fencing, water, etc.), specifically designed for the keeping of animals.
There i 5( 3 5 i ded 20 )( 244 4 h)
Se chi cry, , C rr.L t I d F F e-v-e *Ls_ hvr s� c._ak.. v
Fet'\C�O) incui fic v 9? ..
F. Are these animal facilities being maintained? es` No
Explain ( Iif , 1 i`1(J ! : ) f�i'( id �� L;111/ 1'tN�(/ /)l F'`, i/ �
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G. Is this property currently in pasture or has it been in pasture previously? (Ve) No N/A
Explain and identify when
H. Is the pasture or grazing area irrigated during the growing season? No N/A
p
Describe the irrigation system 5pr i n 1!. I P�5 5 w i�.-u /L
I. How many animals are you requesting to be granted nonconforming status for the property?
I `' 1 li cse.. Explain:LUG lkaxt. 4, (
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J. Have you attached recent photographs showing both animals and all related buildings and
improvements that can be clearly shown to be on the properly described on this form?
((_Yes No
Have you attached historical photographs showing animals that can be clearly shown to be
on the property described on this form? (Yens No
NOTE: Each photograph should be attached to an 8 1/2 x 11 sheet of paper with written
explanation on that paper of what the photograph is showing, where it is on the property and
the date photograph was taken.
Comment:_at-'c.
K. A scaled drawing of the property is required for this application to be complete. Have you
attached an 8 1/2 x 11 scaled drawing of the property showing the approximate locations of
the house and all the above animal -keeping facilities with each titled (include the size of the
pasture and the location and type of irrigation system)? (Yes No
L. Have you attached other documentation such as signed affidavits or statements from others
attesting to your animal -keeping and/or documents connected with purchase or sale of
animals and/or receipts for the purchase of related equipment or supplies? Yes No
NOTE: Each separate documentation should have an attached brief written explanation of
how it supports your claim to animal -keeping rights.
NOTE: Many areas in Spokane Valley have developed into urban neighborhoods, while other areas
are in the process of becoming urban in character. This has caused some animal -keeping activities
to become a problem that must be addressed. Current regulations require areas where animals are
kept to be at least fifty (50) feet from a neighboring residence to reduce the impacts between these
land uses. Therefore, your adjacent neighbors will be informed of this nonconforming
administrative decision. You will receive a written determination regarding this matter. There is a
right to appeal, whether approved or denied, which we hope will help resolve any problems.
I C Y'''-`wA-' c` Cr t S (print name), swear under
the penalty of perjury that I am the property owner and that the above responses are made
truthfully and to the best of my knowledge. If not the property owner, I have attached written
permission from the property owner to make this application on behalf of the property owner. I
also understand that, should there be any willful misrepresentation or willful lack of full
disclosure on my part, Spokane Valley may withdraw any approval it might issue in reliance
upon this application.
NOTARY
STATE OF WASHINGTON) SS
COUNTY OF SPOKANE )
Subscribed and sworn to before me this
eilYilA �>,11f 4.1
CAROLYN GEC9GE
MY COMMISSION EXPIRES
s4L
day of
Residing ate
My appointment expires: /2 - /7-07
, 20
DEa.rto CIO
APPLICATION INSTRUCTIONS
NONCONFORMING STATUS DETERMINATION - ANIMAL KEEPING
As Spokane Valley continues to develop and experience growth, regulations also continue to change
to provide for the public's health, safety and general welfare as required by Washington State laws.
Spokane Valley is changing from a rural or a "country -like" lifestyle to, in many places, an urban or
a "city -like" lifestyle.
One of the methods of ensuring the public's welfare is to "phase out" uses on the land (land uses)
that conflict with one another. One example is to eliminate animal -keeping in areas that are
approved to develop into an urban or city -like character as adopted on the future land use map of the
Interim Spokane Valley Comprehensive Plan. Keeping animals within the near vicinity of
residential dwellings located on small urban lots typically creates problems of safety for children and
pets, can be the source of odor and noise problems, and can become a legal liability as an "attractive
nuisance" for the animal owner.
Spokane Valley recognizes that there are some areas that are not completely urbanized yet and will
take a number of years to be completely developed. The Interim Spokane Valley Zoning Code
provides for this "phasing out" of these land use conflicts. This is accomplished by prohibiting such
conflicting land uses (once allowed under former zoning regulations) that are no longer allowed by
current regulations. The property owner will lose their "grandfather rights" when:
1. The property owner discontinues the keeping of animals on the property in question for a
period of one year (12 months) or more coupled with overt acts (such as not maintaining or
removal of barn, fence or other animal facilities) evidencing the intent to discontinue keeping
animals; and/or
2. The property owner divides the present parcel into two or more parcels so that the property
no longer meets the minimum area requirements for the keeping of animals.
However, Section 14.508.000 of the Interim Spokane Valley Zoning Code, allows for establishing
"grandfather rights," called a nonconforming land use. If animal -keeping was legally allowed and
established under the former zoning regulations and established, then you may qualify to retain these
"grandfathered" land uses and continue to keep animals(s) on your property. This depends on the
site specific circumstances and the property owner's ability to provide the necessary documentation.
To help Spokane Valley determine if the property has "nonconforming use" status, the following
documentation is required:
• RECORDS, DOCUMENTS AND PHOTOGRAPHS — The application requires that
photographs, any records, written statements and other documents be provided that will
establish the historical facts that animals were kept on the property prior to the property's
zone classification changing. NOTE: The former zone classification must have allowed this
use — a previous use that was illegal under the old zoning cannot be given "grandfather
rights" by declaring it to be a nonconforming use.
• APPLICATION FOR "NONCONFORMING USE" — The attached application form must
be completely filled out, signed and dated, and have all necessary attachments. CAUTION:
Because this is a matter of maintaining a land use that is no longer allowed in the property's
present zone classification, the applicant should take care to be accurate in completing the
form and be aware that a public record is being created. Additionally, public notice will be
mailed to the adjacent property owners who will have access to the information that has been
submitted in the application. This administrative decision can be appealed to the Spokane
Valley Hearing Examiner, and then appealed to Superior Court.
• CURRENT ASSESSOR MAP — The applicant must provide a current assessor's map (with
assessor date stamp) showing all the applicant's adjacent property (or adjacent property with
interest) highlighted with a yellow marker. The boundary of the property of the requested
nonconforming use must be drawn with a solid red line. The map must be the most current
map (within 15 days of submitting the application).
• SITE PLAN OF PROPERTY — The applicant must provide a scaled drawing of the
property on an 8 '/2 x 11 sheet of paper. The drawing needs to be labeled to show existing
buildings, all animal -keeping facilities (fence, water, barn, sheds, feeding, irrigation system,
pasture, etc.), name of road(s), north arrow and scale.
• APPROVAL - The City of Spokane Valley Community Development Director, or his/her
assignee, shall make the administrative decision to approve or deny the application based on
information provided by the applicant and historic zoning documentation.
• COST - There is no cost to the applicant for this administrative determination. The cost to
appeal this determination to the Spokane Valley Hearing Examiner is $1000.00.
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